BIDDER ASSURANCES

By submission of a proposal and through assurances provided by an officer of the bidder with the authority to bind the bidder in its Transmittal Letter and certification forms, as applicable, the bidder certifies or agrees that:

1. Independent price determination - By submission of a proposal and through assurances given in its Transmittal Letter, the bidder certifies that in connection with this procurement the following requirements have been met:

a) Costs - The costs proposed have been arrived at independently, without consultation, communication, or agreement, for

restricting competition, as to any matter relating to such process with any other organization or with any competitor.

b) Disclosure - Unless otherwise required by law, the costs quoted have not been knowingly disclosed by the bidder on a prior basis directly or indirectly to any other organization or to any competitor.

c) Competition - No attempt has been made or will be made by the bidder to induce any person or firm to submit or not submit a proposal for restricting competition.

d) Prior knowledge - The bidder has no prior knowledge of RFP contents prior to actual receipt of this RFP and had no part in RFP development.

e) Offer of gratuities - The bidder certifies that no elected or

appointed official or employee of the State of Connecticut has or will benefit financially or materially from this procurement. Any resultant contracts may be terminated by the State if it is determined that gratuities of any kind were either offered to or received by any of the aforementioned officials or employees from the resultant contractors, the resultant contractors’ agent, or the resultant contractors’ employees.

f) Campaign contribution restrictions - The bidder certifies receipt of SEEC Form 11.

2. Valid and binding offer - The proposal represents a valid and binding offer to provide services in accordance with the terms and provisions described in this RFP and any amendments or attachments hereto.

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3. Press releases - The bidder agrees to obtain prior written consent and approval of the Department for press releases that relate in any

manner to this RFP or any resultant contracts.

4. Restrictions on communications with Department staff - The bidder agrees that from the date of release of this RFP until the Department makes an award, that it shall not communicate with the Department’s staff on matters relating to this RFP except as provided herein through the Issuing Office. Any other communication concerning this RFP with any of the Department’s staff may, at the decision of the Department, result in disqualification of that bidder’s proposal.

5. Evidence of qualified entity - The bidder certifies that it is qualified to conduct business in the State of Connecticut and is not prohibited by its articles of incorporation, bylaws, or the law under which it is

incorporated from performing the services required under any resultant contract.

6. Real or perceived conflicts of interest - The bidder, its principals, and staff assure that they will avoid all real or perceived conflicts of interest with MCOs operating in the State of Connecticut. This assurance shall include, but not be limited to, an assurance that the bidder’s principals and staff will have no relationships with MCOs during the term of the resultant contract that could or do conflict with the goals and intent of the Non-emergency Medical Transportation Program.

7. Discovery of a conflict of interest - The bidder certifies that it shall immediately disclose any situation with the Department’s Contract Administrator where the bidder (if selected as the resultant contractor) becomes aware of an existing, potential, or perceived conflict that may compromise its objective provision of services under the resultant contract. The Department’s Contract Administrator will determine the necessary remedy.

8. Independence - The bidder certifies that It is independent from any MCO, PIHP, PAHP, PCCM, or other healthcare provider in the State of Connecticut and that it will fully comply with §438.810 regarding

independence and conflict of interest.

9. Health Insurance Portability and Accountability Act (HIPAA)

compliance - The bidder certifies that it shall comply with the applicable parts of HIPAA pursuant to CFR 45 Part 160 and Part 164.

10. Confidentiality - The bidder certifies that it shall comply with all applicable State and Federal laws and regulations pertaining to the

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confidentiality of all Medicaid applicant/client records and other

materials that are maintained in accordance with the resultant contract including, but not limited to, the Health Insurance Portability and

Accountability Act (HIPAA) of 1996.

11. Personnel and position - The bidder certifies that the positions and personnel identified in proposals submitted in response to this RFP will be the positions and personnel actually assigned to the Non-

emergency Medical Transportation Program, if awarded a resultant contract. In any resultant contract, the resultant contractor shall submit to the Department for its approval, the name and credentials of any person or persons the resultant contractor proposes to replace existing or previously-proposed program management staff or other key

personnel proposed by the bidder or identified by the State. Likewise, the resultant contractor shall propose to the Department for its

approval prior to implementation any changes to positions including adding, deleting, or combining functions. Furthermore, the Department must approve any additions, deletions, or changes in positions or the personnel assigned in writing in any resultant contract. These changes must not negatively impact the Department or adversely affect the ability of the resultant contractor to meet any requirement or

deliverable set forth in this RFP and/or the resultant contract. Also, at its discretion, the Department may require the removal and

replacement of any of the resultant contractor’s personnel who do not perform adequately under the resultant contract, regardless of whether they were previously approved by the Department. The Department shall reimburse the resultant contractor for those staff expenses actually incurred.

12. Insurance - The bidder certifies that it will carry sufficient insurance, (liability, fidelity bonding, surety bonding, and/or other insurance), as specified in a resultant contract, during the term of the resultant contract according to the nature of the work to be performed to “save harmless” the State of Connecticut from any claims, suits, or demands that may be asserted against it by reason of any act or omission of the resultant contractor, subcontractor, or employees in providing services hereunder including, but not limited to, any claims or demands of malpractice. Certificates of such insurance shall be filed with the Contract Administrator prior to the performance of services.

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13. Suspension or Debarment - The bidder certifies that the bidder or any person (including subcontractors) involved in the administration of Federal or State funds:

a) Has not within a three-year period preceding the proposal submission been convicted or had a civil judgment rendered against him/her for commission of fraud or criminal offense in performing a public transaction or contract (local, State or

Federal) or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property

b) Is not presently indicted for or otherwise criminally or civil

charged by a governmental entity with the commission of any of the above offenses

c) Has not within a three-year period preceding the proposal submission had one or more public transactions terminated for cause or fault

d) Will immediately report any change in the above status to the Department

14. Subcontracts with transportation providers - The bidder, if awarded a resultant contract shall assure that transportation providers, through contractual agreements, shall offer qualified Medicaid clients all types and levels of transportation services for which they are licensed or certified.

15. Declaration of proprietary information - The State of Connecticut shall own all proposals submitted in response to this RFP. Bidders

responding to this RFP may declare proprietary components of their proposals. However, such declarations must comply with the Freedom of Information Act (FOIA) and with §1-210 of the Connecticut General Statutes. Bidders making proprietary declarations must clearly identify those sentences or subsections with rationale that complies with the FOIA to claim proprietary exemption. The State of Connecticut will not accept blanket declarations. The bidder must explain the rationale for the proprietary claim in terms of the prospective harm to the

competitive position of the bidder that would result if the identified material were to be released. The bidder must also state the legal argument for exempting the materials pursuant to the above-cited statute. The proprietary declaration should be located immediately following the Table of Contents. While bidders may claim proprietary

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exemptions, any decision to release information subject to a FOIA request shall remain with the State of Connecticut.