QRIS Round 2 Single.docx



A REQUEST FOR PROPOSALSNCRE1405015FRCXMODIFICATION #1Early ChildhoodQuality Rating and Improvement System Administrator5/13/2014TABLE OF CONTENTSSECTION I: ISSUE AND TIMELINE INFORMATION1SECTION II: ADMINISTRATIVE INFORMATION6SECTION III: BACKGROUND, OVERVIEW AND GOALS23SECTION IV: REQUIREMENTS / STATEMENT OF WORK29SECTION V: RESPONSE FORMAT32SECTION VI: EVALUATION AND AWARD38Exhibit A: Next Generation Quality Rating and Improvement System Design GuideA -1Exhibit B: Cost Model Assumptions for Colorado Licensed ProgramsB -1Exhibit B1: Cost Model Assumptions for Colorado Licensed ProgramsB -1Exhibit C: Cost TemplateC -1Exhibit D: Locations of Licensed Facilities by Home and Centers…………....….D-1Exhibit E: DELETED ………………… …………………………………………………...E-1Exhibit F: Conflict of Interest Document Certification……….………………….......F-1Exhibit G: Vendor Disclosure Statement………………………………………………G-1 Exhibit H: Model Contract………………………………………………………………...H-1Exhibit I: Signature Page………………………………………………………………..…I-1Exhibit J: HIPAA Business Associate Addendum…………………………………….J-1SECTION I: ISSUE AND TIMELINE INFORMATIONISSUING OFFICE: This Request for Proposal (RFP) NCRE1405015FRCX is issued for the State of Colorado (State) by the Department of Human Services (CDHS or Department), for the benefit of the Department through the Division of Procurement. The Division of Procurement is the SOLE point of contact concerning this RFP. All communication must be made through the CDHS Division of Procurement.B. INVITATION TO SUBMIT PROPOSALS: The State of Colorado is posting this RFP on the Bid Information and Distribution System (BIDS) so that firms that have an interest may submit a proposal in accordance with the terms of this RFP.C. MEANS OF COMMUNICATION:In the event that it becomes necessary to revise any part of this RFP, a modification will be published on the BIDS web site at bids. It is incumbent upon the Offeror to carefully and regularly monitor BIDS for any such postings. The CDHS Division of Procurement is the SOLE point of contact concerning this RFP and the procurement process. All communication for this procurement must be done through the CDHS Division of Procurement point of contact indicated in this RFP and BIDS. D. PURPOSE: This RFP provides prospective firms with sufficient information to enable them to prepare and submit proposals for consideration to satisfy the need for expert assistance in the completion of the goals of this RFP. SCOPE: This RFP contains the instructions governing the proposal to be submitted and the material to be included therein; mandatory requirements which must be met to be eligible for consideration; and other requirements to be met by each proposal. F. SCHEDULE OF ACTIVITIES: Time (MST) Date1RFP PUBLISHED ON BIDS WEB PAGE(bids)Close of Business05/13/142 Offeror’s Intent to Respond due on BIDS.? See Section 1.H, “Offeror’s Intent to Respond to RFP”, below.5:00 PM05/20/143PROSPECTIVE FIRMS WRITTEN INQUIRY DEADLINE (NO WRITTEN QUESTIONS WILL BE ACCEPTED AFTER THIS DATE) See Administrative Information Section II.A for inquiry details. Email Inquiries: ereynolds520@5:00 PM05/23/144PROPOSAL SUBMISSION DEADLINESee Administrative Information Section II.C for submission. 12:00 PM06/13/145PROPOSAL SELECTION (ESTIMATED/WEEK OF)07/23/145CONTRACT FINALIZED (ESTIMATED/WEEK OF) 7/1/20147CONTRACT PERIOD: ESTIMATED 7/1/2014 12/31/16SEE SECTION 5.0 FOR PACKAGE REQUIREMENTS OF OFFEROR’S PROPOSALS. THE ANTICIPATED INITIAL TERM OF THE RESULTING CONTRACT IS THIRTY (30) MONTHS. THE RESULTING CONTRACT MAY BE RENEWED FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS AT THE SOLE DISCRETION OF THE STATE, CONTINGENT UPON FUNDS BEING APPROPRIATED, BUDGETED, AND OTHERWISE MADE AVAILABLE, AND OTHER CONTRACTUAL REQUIREMENTS, IF APPLICABLE, BEING SATISFIED. BUDGET:The budgeted amount for this RFP $2,500,000, which includes the Quality Rating Administration Costs, including any one time startup EXPENSES. This BUDGET AMOUNT includes an estimated cost of $2,379,375 for ratings (see Exhibits B and B-1). Proposals that exceed $2,500,000 will not be considered. H. Offeror’s Intent to Respond to RFP: Any Offeror whose intent is to respond to this solicitation is to respond via BIDS by clicking on “Intent to Respond” no later than May 20, 2014, 5:00 PM (MDT). Submitting an intent on BIDS does not bind an Offeror to actually submitting a proposal. I. INQUIRIES:Offerors may make written inquiries in WORD format (via email) concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the deadline: May 23, 2014, 5:00 PM (MDT). Send all inquiries to the Purchasing Agent, Eva Reynolds, at ereynolds520@.E-mail submissions must be clearly labeled in the subject line with “RFP Number (RFP NCRE1405015FRCX). CDHS reserves the right to refrain from responding to questions received after May 23, 2014, 5:00 PM (MDT). Responses to the Offeror's inquiries will be published, in a timely manner, as a modification on BIDS. Offerors shall not rely on any verbal statements that alter any specification or other term or condition of the RFP. Such changes are valid only if provided in writing by the Purchasing Agent. NO INQUIRIES WILL BE ACCEPTED AFTER THE CLOSE OF BUSINESS ON THE DATE INDICATED IN THE SCHEDULE OF ACTIVITIES.center19211925SECTION II: ADMINISTRATIVE INFORMATIONA. Proposal Submission Proposals must be received on or before the date and time indicated in the Schedule of Activities. Late proposals will not be accepted. It is the Offeror’s responsibility to ensure that proposals are received by the Department on or before the submission deadline: June 13, 2014, 12:00 PM (MDT). Offerors mailing their proposals shall allow sufficient mail delivery time to ensure receipt of their proposals by the time specified. Postmarks are not sufficient for timely submissions. The proposal package shall be delivered or sent by mail to:Colorado Department of Human ServicesNorth/Central Department of ProcurementAttn: Eva Reynolds7866 W. Mansfield Parkway Denver, CO 80235B. Proposal Submission/CopiesDetailed instructions on proposal preparation and submission are in Section 5. It is the responsibility of the Offeror to ensure that the State receives the written proposal on or before the proposal submission date and time, regardless of the delivery method used and per packaging instructions identified in Section 5. Caution: Daily mail may not be received by the CDHS prior to 12:00 pm (MDT). Offerors are responsible for ensuring timely receipt. Telegraphic or electronic proposals (fax, e-mail, etc.) will not be accepted.The State of Colorado Request for Proposal Signature Sheet (Exhibit I) MUST be signed in ink, preferably in blue ink, by the Offeror or an officer of the Offeror legally authorized to bind the Offeror to the proposal. Proposals that are determined to be at a variance with this requirement may not be accepted. C. Addendum or Supplement to Request for Proposal In the event that it becomes necessary to revise any part of this RFP, a modification notice will be posted on BIDS. It is very important that Offerors check BIDS on a regular basis, as this is the sole means for communicating any clarifications or changes to RFP content and/or requirements. Responses to inquiries will be posted here as well.D. Modifications or Withdrawal of Proposals Proposals may be modified or withdrawn by an Offeror prior to the established due date and time.E. RFP CancellationThe State of Colorado (State) reserves the right to cancel this entire RFP or individual components at any time, without penalty.F. Best and Final Offers CDHS may, at its sole discretion, either accept an Offeror’s initial proposal by award of a contract or enter into discussions with Offerors whose proposals are deemed to be reasonably likely of being considered for award. In conducting discussions, there shall be no disclosure of any pricing information derived from proposals submitted by a competing Offeror. Offeror(s) may be invited to submit a “Best and Final Offer” to CDHS for consideration. Best and Final Offers will be made at the Offeror’s expense. G. Oral Presentations/Site Visits: Offerors may be asked to make oral presentations or to make their facilities available for a site inspection by the evaluation committee. Such presentations and/or site visits will be at the Offeror's expense.H. Acceptance of RFP Terms A proposal submitted in response to this RFP shall constitute a binding offer. The autographic signature of the Offeror shall indicate acknowledgment of this condition. Signature shall be that of a person legally authorized to execute contractual obligations. A submission in response to this RFP acknowledges acceptance by the Offeror of all terms and conditions including compensation, as set forth herein. An Offeror shall identify clearly and thoroughly any variation between its proposal and the State’s RFP requirements. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as outlined or specified in the RFP. I. Protested Solicitations and Awards Any actual or prospective Offeror who is aggrieved in connection with the solicitation or award of a contract may protest to: Director of Procurement, Colorado Department of Human Services, 7866 W. Mansfield Parkway, Denver, CO 80235, with a copy being forwarded to the Purchasing Agent at ereynolds520@. The protest shall be submitted in writing within seven (7) working days after such aggrieved person knows of the facts giving rise to the protest. (Reference: C.R.S. Title 24, Article 109.)J. Proprietary/Confidential InformationAny restrictions of the use or inspection of material contained within the proposal shall be requested prior to the submission of the proposal via email to the Purchasing Agent at ereynolds520@. Written requests for confidentiality shall be submitted, by the Offeror prior to the proposal submission date. The Offeror must state specifically what elements of the proposal that would be considered confidential/proprietary. The Division of Procurement will make a written determination as to the apparent validity of any written request for confidentiality, the written determination will be sent to the Offeror.Requests that are granted shall use the following format:Confidential/proprietary information must be readily identified, marked and separated/packaged from the rest of the proposal.Co-mingling of confidential/proprietary and other information is NOT acceptable.Neither a proposal, in its entirety, nor proposal price information will be considered confidential and proprietary.Any information that will be included in any resulting contract cannot be considered confidential.After award, the offers shall be open to public inspection subject to any continued prohibition on the disclosure of confidential data, C.R.S. Title 24, Article 72, Part 2 as amended.K. RFP Response Material Ownership All materials submitted regarding this RFP become the property of the State. This RFP does not commit CDHS to award a contract or to pay any costs incurred in the preparation of a proposal. All costs incurred by an Offeror in responding to this RFP shall be borne by the Offeror. Proposals may be reviewed by any person after the "Notice of Intent to Make an Award" letter has been issued, subject to the terms of Section 24-72-201 et. seq., C.R.S., as amended, Public (open) Records. L. Proposal Prices Estimated proposal prices are not acceptable. Prices are expected to be firm, fixed price, and fixed rates in United States funds. Proposal prices will be considered your best and final offer, unless CDHS initiates discussions. Proposals submitted must include all related costs, examples surcharges, travel, etc. Any costs not included as part of the proposal will be disallowed. The proposal price will be considered in determining the apparent Successful Offeror. Proposals shall be firm for a period of not less than One hundred eighty (180) calendar days from the date of award.M. Evaluation: The evaluation will identify the proposals that most effectively meet the requirements of this RFP. The work will be offered to the Contractor(s) whose proposals, conforming to the RFP, will be most advantageous to the State of Colorado, price and other factors considered.The State of Colorado will conduct a comprehensive, fair and impartial evaluation of each proposal received. First, all proposals will be submitted to the Division of Procurement for acceptance. The Division of Procurement will be responsible for ensuring that:The Offeror’s proposal complied with the due date and time. The Offeror's “Colorado Request for Proposal Signature Page” meets content and other requirements. The Offeror included the appropriate number of proposal copies.On the date and time shown on the Request for Proposal Signature Page, the Division of Procurement will hold a Public Opening of Proposals. The Public Opening will only disclose the names of all Respondents who have submitted a proposal for evaluation by CDHS. Information on costs and qualifications will be available from the Division of Procurement following selection of the winning Contractor.Evaluation Process:The Department plans an intensive, thorough, complete and fair evaluation process. Proposals will be evaluated on both the proposed service and the cost of the service. The evaluation will be performed and an award recommendation made to the Division of Procurement by the Evaluation Committee. Members will be selected who do not have a conflict of interest in this procurement. The Committee will be responsible for the evaluation process that will include the following steps:Review proposals for any conditions that may disqualify the Offeror and to ensure that required terms and conditions have been met.Review proposal content, contact references and assign a preliminary score to each factor for each proposal.Determine whether, as part of the deliberations, any Offerors will be invited to participate in discussions with the Committee. (Offerors would be those who, based on preliminary scores, are reasonably susceptible of being selected for the award). However, proposals may be reviewed and determinations made without discussion. Therefore, it is important that proposals be complete, and Offerors should recognize that opportunity for further explanation may not exist.Conduct oral presentations, if required, for invited Offerors to demonstrate their proposed service. Adjust points or ratings as necessary. Best and final offers may take place at the State’s option. Make final selection recommendation to the Division of Procurement. N. Proposal Selection: Upon review and approval of the evaluation committee's recommendation for award, the Division of Procurement will issue a "Notice of Intent to Make an Award" on BIDS. Email notices will be sent to all Offerors indicating the notice of intent has been posted. A contract must be completed and signed by all parties concerned on or before the date indicated in the Schedule of Activities. If this date is not met, through no fault of the State, the State, at its sole discretion, may elect to cancel the "Notice of Intent to Make an Award" notice and make the award to the next most advantageous Offeror.O. Proposal Content Acceptance:The contents of the proposal (including persons specified to implement the project) of the successful Offeror will become contractual obligations if acquisition action ensues. Failure of the successful Offeror to accept these obligations in a contract, purchase document, delivery order or similar acquisition instrument may result in cancellation of the award and such Offeror may be removed from future solicitations. P. Award of Contract The award will be made to the responsible Offeror whose proposal, conforming to the RFP, will be the most advantageous to the State, price and other factors considered. A contract must be completed and signed by all parties concerned. In the event the parties are unable to enter into a contract, the State may elect to cancel the "Notice of Intent to Make an Award" letter and make the award to the responsible Offeror whose proposal would subsequently have received the award. Q. Standard Contract/Model Contract The draft contract to be executed is included as an exhibit to this solicitation (see Exhibit H labeled State of Colorado, CDHS, Sample Contract). This draft contract included in this RFP shall govern this procurement and are hereby incorporated by reference. The State, in addition to the terms and conditions outlined in the attached draft contract will incorporate Special Provisions into the contract resulting from this RFP. If an Offeror has any suggested modifications to the contract, the Offeror must include and clearly indicate such modifications in its RFP response. No changes to the legal provisions of the contract will be considered unless the Offeror proposes specific, alternative language to that included in the contract attached as Exhibit H. If your firm normally seeks counsel on contract terms, please do so before submitting a response to this RFP. Failure to resolve exceptions to the contractual terms within 5 business days from CDHS’s first contact with the Offeror regarding the exceptions may preclude CDHS’s further consideration of the Offeror’s proposal.The Offeror’s signature on the Request for Proposal Signature Sheet is confirmation that the Offeror understands and acknowledges that any award will require a contract between the State and the Offeror containing the terms and conditions in the attached contract.R. State Ownership of Contract Products/Services 1. Proposals upon established opening time become the property of the State of Colorado. All products/services produced in response to the contract resulting from this RFP will be the sole property of the State of Colorado, unless otherwise noted in the RFP. The contents of the successful Offeror's proposal will become contractual obligations.2. The State of Colorado has the right to retain the original proposal and other RFP response materials for our files. As such, the State of Colorado may retain or dispose of all copies as is lawfully deemed appropriate. Proposal materials may be reviewed by any person after the “Notice of Intent to Make an Award” letter(s) has/have been issued, subject to the terms of Section 24-72-201 et seq., C.R.S., as amended, Public (open) Records. The State of Colorado has the right to use any or all information/material presented in reply to the RFP, subject to limitations outlined in the clause, Proprietary/Confidential Information. The Offerors expressly agrees that the State may use the materials for all lawful State purposes, including the right to reproduce copies of the material submitted for purposes of evaluation, and to make the information available to the public in accordance with the provisions of the Public Records Act.S. Incurring Costs The State is not liable for any cost incurred by Offerors prior to issuance of a legally executed contract, purchase order, or other authorized acquisition document. No property interest, of any nature, shall occur until a contract is awarded and signed by all concerned parties.T. Non-Discrimination The Offeror shall comply with all applicable State and Federal laws, rules and regulations involving non-discrimination on the basis of race, color, religion, national origin, age or sex.U. Rejection of Proposals The State reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received and to accept any portion of a proposal or all items proposed if deemed in the best interest of the State.V. Parent Company If an Offeror is owned or controlled by a parent company, the name, main Office address and parent company's tax identification number shall be provided in the proposal. The tax identification number provided must be that of the Offeror responding to this RFP.W. News Releases News releases pertaining to this RFP shall NOT be made prior to execution of the contract without prior written approval by the State.X. Multiple Awards The State reserves the right to award this RFP in part, to multiple vendors, if so determined by the State to be in the best interests of the State.Y. Debarment and Suspension By submitting a proposal in response to this RFP, the Offeror certifies to the best of its knowledge and belief that it, its principals, and proposed subcontractors (if any):Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency;Have not within a three-year period preceding the Due Date of this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;Are not presently under investigation for, indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in bullet above; and Have not within a three-year period preceding the Due Date of this proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. If the Offeror is unable to certify to any of the statements in this certification, it shall provide an explanation as an attachment to the proposal. This explanation is exempt from page limitations on the proposal, if any. The inability of the Offeror to provide the certification will not necessarily result in disqualification of the Offeror. The explanation will be considered in connection with the Department's determination whether to select an Offeror.Z. Disclaimer All statistical and fiscal information contained within this RFP, and any amendments and modifications thereto, reflect the best and most accurate information available to CDHS at the time of RFP preparation. No inaccuracies in such data shall constitute a basis for legal recovery of damages or protests, either real or punitive, except to the extent that any such inaccuracy was a result of intentional misrepresentation by CDHS.AA. Doing Business in Colorado An Offeror wanting to do business in Colorado must register with the Colorado Secretary of State in accordance with Colorado Revised Statute (CRS) 7-90-801. An Offeror must be registered to do business in Colorado within 10 business days of the RFP award notification to the Apparent Successful Offeror. A copy of the business entity’s Articles of Incorporation and/or Bylaws may be requested by the State.This is the link for the Colorado Secretary of State’s Website: (Recommend going to the “Business Center” section, then opening the “Business Home” page, under the “General Information” section review the FAQs.) BB. Organizational/Contractor Non-conflict of Interest Statement – Requirements of this Solicitation and Subsequent Contract Any business entity or person is prohibited from being awarded a contract if it/they has/have an “Organizational Conflict of Interest” with regard to this solicitation and resulting contract.No person or business entity who was engaged by the State to prepare the original RFP or has access prior to the solicitation, to sensitive information related to this procurement process, including, but not limited to requirements, statements of work, or evaluation criteria, will be eligible to directly or indirectly submit or participate in the submission of a proposal for this solicitation. The State considers such engagement or access to be an Organizational Conflict of Interest, which would cause such business entity or person to have an unfair competitive advantage.If the State determines that an Organizational Conflict of Interest exists, the State, at its discretion, may cancel the contract award. In the event that the Awarded Offeror was aware of an Organizational Conflict of Interest prior to the award of the contract and did not disclose the conflict to the procuring agency, the State may terminate the contract for default. All Offerors are to submit the signed Contractor Non-Conflict of Interest Statement, Exhibit F, with their . Offeror Disclosure StatementsIn compliance with CRS 24-102-206, Contractor Performance outside the United States or Colorado, the awarded Offeror is required to disclose information to the State on where services will be performed under the contract by completing and submitting the Disclosure Statement, Exhibit G. Only the awarded Offeror(s) is required to submit this document to the State upon request. DD. Federal Employer Identification Number (FEIN) For the purpose of verifying the Offeror’s registration to the Colorado BIDS system, the Offeror is required to provide their FEIN in their proposal. Additionally, Offerors are required to submit their FEIN prior to contract, or purchase order issuance, or payment from the State of Colorado. A W-9, Taxpayer Identification form provided by the State may be required. EE. Certification of Independent Price Determination Submission of its proposal each Offeror, and in the case of a joint Offeror, as to itself certifies that in connection with this procurement:a) The prices in the proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Offeror or with any competitor;b) Unless otherwise required by law, the prices which have been quoted in the proposal have not knowingly disclosed by the Offeror and will not knowingly be disclosed by the Offeror prior to opening, directly or indirectly to any other Offeror or to any competitor, and;c) No attempt has been made or will be made by the Offeror to induce any other person or firm to submit or not to submit a proposal for restricting competition.Each person signing the Request for Proposal Cover Sheet & Signature Page of this proposal certifies that:a) He/She is the person in the Offeror’s organization responsible for the decision as to the prices being offered herein and that he/she has not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above; or b)He/She is not the person in the Offeror’s organization responsible for the decision as to the prices being offered in the proposal but that he/she has been authorized in writing to act as agent for the persons responsible for such decision for the purpose of certifying that such persons have not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above, and as their agent does hereby so certify; and he/she has not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above. A proposal will not be considered for award where subsections (1)(a),(1)(c),or (2) above has been deleted or modified. Where subsection (1)(b) above has been deleted or modified, the proposal will not be considered for award unless the Offeror furnishes with the proposal a signed statement which sets forth in detail the circumstances of the price disclosure and the head of the procuring agency or his or her designee, determines that such disclosure was not made for the purpose of restricting competition.FF. Contract Period The anticipated initial contract period is thirty (30) months with the option to extend the contract for two (2) subsequent one-year periods not to exceed five (5) accumulative years at the sole discretion of the State, contingent upon contractual requirements being satisfied and funds being appropriated, budgeted, and otherwise made available. The initial contract will be effective upon approval by the State Controller through the current fiscal year. GG. Order of PrecedenceIn the event of any conflict or inconsistency between terms of this RFP, the contract, and the proposal, such conflict or inconsistency shall be resolved first, by giving effect to the terms and conditions of the contract, second to this RFP, and third, to the proposal.HH. Venue All suits or actions related to this solicitation/contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver.II. Rights in Data, Documents, and Computer SoftwareAny software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or work product of any type, including drafts, prepared by the Successful Offeror in the performance of its obligations under the resulting contract (the Work Product) shall be the exclusive property of the State and the Successful Offeror shall deliver all such Work Product to the State upon completion, termination, or cancellation of the contract.? The rights of the State with respect to such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use such Work Product.? The parties acknowledge that any Work Product developed from Federal funds may be the property of the Federal government, in which case the State reserves a royalty-free, non-exclusive, irrevocable license to reproduce, publish and otherwise use, and authorize others to use, such Intellectual Property for the purposes of the State and the Federal government. The Awarded Offeror shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of the Awarded Offeror’s obligations under the contract, without the prior written consent of the State.? The rights of the State with respect to such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use such property. The State shall be the owner of all licenses to third party proprietary operating and Offeror software packages provided by Offeror.JJ. Information Technology (IT) Warranty In the event that IT related equipment, software, and/or services are provided by the Offeror, the Contractor represents warrants and covenants that in providing products and deliverables and performing services pursuant to the terms of the RFP, Contract and any Order:The Contractor shall strictly comply with the descriptions and representations as to the services (including performance, capabilities, accuracy, completeness, characteristics, specifications, configurations, standards, functions and requirements) which appear in the RFP, Offeror’s RFP response, Contract or any Order and the Contractor and its employees shall perform the services in a timely manner. In addition to any express and implied warranties provided to the State or any Ordering Entity under law or under other provisions of this RFP, Contract or any Order, the Contractor hereby expressly warrants that the services to be performed hereunder shall be performed in a workmanlike manner, subject to the supervision and instructions provided by the Ordering Entity, and that all work performed pursuant to a Contract shall be performed in a manner consistent with that level of care and skill ordinarily exercised by other providers of similar services under similar circumstances at the time the services are provided;The Contractor's products, if any, will conform to generally applicable standards in the industry and the Contractor shall use only new standard parts and materials or parts and materials equal in performance to new parts and materials, unless otherwise agreed to in writing by the Ordering Entity;The services performed by the Contractor shall comply with all applicable laws, rules or regulations, and the Contractor shall obtain all permits and licenses required to comply with such laws and regulations;The services shall not violate or in any way infringe upon the rights of third parties, including proprietary information and non-disclosure rights or any Intellectual Property rights;The Contractor is the lawful owner or licensee of all software, hardware, methods, methodologies and any pre-existing Intellectual Property used in the performance of the services or delivery of the products contemplated hereunder and the Contractor has the right to grant the Ordering Entity access to or use of such software, hardware, methods, methodologies and intellectual property;With respect to any Contractor personnel designated as "key personnel", the assignment of Contractor personnel to perform the services will be continuous throughout the term of completion of Contract, except where such personnel are unable to perform, including but not limited to illness or termination of employment. The Contractor shall ensure that equally qualified persons are proposed as replacements when workers leave. The Ordering Entity shall have the right to approve any proposed replacement personnel;The Contractor shall assign to the Ordering Entity all manufacturers' warranties for hardware, software and other materials furnished to the Ordering Entity by the Contractor;The Contractor shall screen all of Contractor’s employees supplied to the Ordering Entity to ensure that all such employees are fully qualified to perform the services, and if required by law or ordinance, are validly licensed and/or have obtained all requisite permits to perform such services for the Ordering Entity. The Contractor shall be responsible for obtaining all permits and licensing required by the State at all locations where performing services. The Contractor shall maintain current status of such required permits and licenses throughout the term of each Order. The Contractor’s personnel designated for a service category must have all current certifications required by such category.All deliverables provided pursuant to this RFP, Offeror’s Response, and/or Contract shall interface, integrate and be functionally compatible with and shall perform on any and all of the Ordering Entity’s hardware and software configuration(s) as provided in the specifications of the RFP, Contract or Order document; andAll software and hardware deliverables and any update or revision to any of the software and hardware deliverables shall be free from defects and shall meet all specifications set forth in the RFP, Contract or any order document and any documents referenced therein. The Contractor warrants that the deliverables, as defined in the RFP, Offeror’s Response, Contract or any other ordering document. Contract or any other ordering document, shall perform the functions substantially as described in these documents during the term of the contract after delivery and acceptance by the Ordering Entity. All equipment and supplies furnished under this RFP, Contract, or any other ordering document be free from defects in materials or workmanship, shall be installed properly and in accordance with manufacturer’s recommendations or other industry standards, and shall function in a failure-free manner during the Contract term from the date of installation by the Contractor and acceptance by the Ordering Entity. The Contractor, without charge to the Ordering Entity, shall correct any and all defects and make any additions, modifications or adjustments to any of the deliverables or any update or revision to any software deliverables as may be necessary to keep the deliverables in operating order in accordance with specifications at all times during the applicable warranty period. KK. Intellectual Property ClausesIntellectual Property Rights of Ordering Entity In the event that IT related equipment, software, and/or services are provided by the Offeror, any Intellectual Property products delivered to an Ordering Entity under an Order shall be the exclusive property of the Ordering Entity. Any software, research, reports, studies, data, manuals, photograph, negatives or other documents, drawings or materials (“work”) prepared by the Contractor in the performance of its obligations under an Order shall be the exclusive property of the Ordering Entity and all such materials shall be delivered to the Ordering Entity by the Contractor upon completion, termination or cancellation of the Contract. The Contractor hereby assigns to the Ordering Entity any and all rights title and interest it may have in and to the work performed pursuant to this RFP, Contract or any Order and agrees to cooperate with and assist the Ordering Entity in applying for and executing any applications and/or assignments reasonably necessary to obtain a patent or copyright thereon. The Contractor shall not use, willingly allow, or cause to have such work used for any purpose other than the performance of the Contractor’s obligations under the Contract without the prior written consent of the Ordering Entity. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use the works.LL. Data and Document DeliverablesUnless otherwise specified, the Contractor shall deliver, by the dates specified in the RFP and/or Contract scope of work, the data and documents required therein. Unless otherwise specified, software documentation delivered to and Ordering Entity shall meet the following standards:The documentation shall be in paper, human readable format, which clearly identifies the programming language and version used, and when different programming languages are incorporated, identifies the interfaces between code programmed in different programming languages;The documentation shall contain source code in a paper, human readable format, which describes the program logic, relationship between any internal functions, and identifies the disk files that contain the various parts of the code;Detailed "commenting" of source code may be used to partially satisfy the documentation requirements, although documentation shall also include a flow chart that identifies the program flow between files and functions. Comments may be used to document internal flow control in functions;Files containing the source code shall be delivered, or may be left on the host machine so long as the files and their location are identified, and their significance to the program described, in the documentation; andDocumentation shall describe error messages and the location in the source code, by page, line number, or other suitable identifier, where the error message is generated. Documentation shall be written so persons reasonably proficient in the use of the program language involved can efficiently use the documentation to understand the program structure, iterative and other control techniques, and decipher error messages should they occur. The Contractor warrants that the delivered software shall be sufficiently descriptive to enable maintenance and modification of the software to permit change to addresses and telephone numbers in computer generated documentation, addition of fields to the database, revisions of report formats, including breakpoints and summary computations. MM. Intellectual Property IndemnificationIn the event that IT related equipment, software, and/or services are provided by the Offeror, the Contractor shall defend, at its sole expense, any claim(s) or suit(s) brought against the State of Colorado or an Ordering Entity alleging that the use by the Ordering Entity of any product(s), or any part thereof, supplied by the Contractor under this RFP, Contract or any Order constitutes infringement of any patent, copyright, trademark, or other proprietary rights; provided, that the State of Colorado or Ordering Entity gives the Contractor written notice within twenty (20) days of receipt by the State of Colorado or such Ordering Entity of claim or suit, provides reasonable assistance and cooperation to the Contractor in connection with such action, and the Contractor has sole authority to defend or settle the claim for money damages only. A proposed settlement requiring the State of Colorado or an Ordering Entity to act or refrain from action shall require the prior written approval of the State of Colorado or Ordering Entity. The Contractor shall consult the State of Colorado or Ordering Entity regarding such defense and the State of Colorado or Ordering Entity may, at its discretion and expense, participate in any defense. Should the State of Colorado or Ordering Entity not choose to participate, the Contractor shall keep the State of Colorado or Ordering Entity advised of any settlement or defense. In the event the Contractor fails to vigorously pursue the defense and/or settlement of such claim, the State of Colorado or Ordering Entity may assume the defense and settlement thereof and the Contractor shall be liable for all costs and expenses incurred by the State of Colorado or Ordering Entity in the pursuit thereof. The Contractor shall have liability for all such claims or suits, except as expressly provided herein, and shall indemnify the State of Colorado or Ordering Entity for all liability incurred by the State of Colorado or Ordering Entity as a result of such infringement. The Contractor shall pay all reasonable out-of-pocket costs and expenses, including attorneys’ fees, court costs and other legal expenses, and damages finally awarded by a court of competent jurisdiction or agreed to by the Contractor regarding such claims or suits.If the product(s), or any part thereof, become the subject of any claim, suit or proceeding for infringement of any patent, trademark or copyright, or in the event of any adjudication that the product(s), or any part thereof, infringes any patent, trademark or copyright, or if the sub-license or use of the product(s), or any part thereof, is enjoined, the Contractor, after consultation with the Ordering Entity, shall do one of the following at the Contractor's expense: (i) produce for the Ordering Entity the right under such patent, trademark or copyright to use or sub-license, as appropriate, the product or such part thereof: or (ii) replace the product(s), or part thereof, with other suitable products or parts conforming to the original license and Ordering Entity specifications; or (iii) suitably modify the products, or part thereof. Except, as otherwise expressly provided herein, the Contractor shall not be liable for any costs or expenses incurred without its prior written authorization.The Contractor shall have no obligation to defend against or to pay any costs, damages or attorney's fees with respect to any claim based upon: (i) the use of an altered release if the Contractor had not consented to the alteration, or (ii) the combination, operation or use of the product(s) with programs or data which were not furnished by the Contractor, if such infringement would have been avoided if the programs or data furnished by persons or entities other than the Contractor had not been combined, operated or used with the product(s), or (iii) the use of product(s) on or in connection with equipment or software not permitted under this RFP, Contract or any Order, if such infringement would have been avoided by not using the product(s) on or in connection with such other equipment or software. NN. Breach of Security of State DataProtection If the Contractor provides physical or logical storage, processing or transmission of confidential or sensitive data of the State of Colorado or any of its State Agencies or political subdivisions as set forth under any Order or exhibits thereto, the Contractor shall provide physical and logical protection for the Ordering Entity’s hardware, software, applications and data that meet or exceed industry standards and requirements as set forth in such Order and exhibits attached thereto. The Contractor shall provide the Ordering Entity with access, subject to the Contractor’s reasonable access security requirements, seven (7) days a week, 24 hours a day, for the purpose of inspecting and monitoring access and use of such data, maintaining Ordering Entity systems, and evaluating physical and logical security control effectiveness. Breach of Security The Contractor shall be responsible for the security of all information provided to it by the Ordering Entity. For the purposes of this RFP, Contract and each Ordering Document, a “Breach of Data Security” means the unauthorized acquisition of unencrypted or encrypted computerized data that compromises the security, confidentiality, or integrity of information used or maintained by the Contractor in conjunction with this RFP, Contract and each Order Document. If the Contractor becomes aware of a Breach of Data Security, it shall notify the Ordering Entity immediately and cooperate with the Ordering Entity regarding recovery, remediation, and the necessity to involve law enforcement, if any. The Contractor shall be responsible for the cost of notifying each Colorado resident whose personal information may have been compromised. Notice shall be made as soon as possible within the legitimate needs of law enforcement and according to the requirements of the Ordering Entity. The Contractor shall be responsible for performing an analysis to determine the cause of the breach, and for producing a remediation plan to reduce the risk of incurring a similar type of breach in the future. The Contractor shall present such analysis and remediation plan to the Ordering Entity within 10 days of notifying the Ordering Entity of the Breach of Data Security. The Ordering Entity reserves the right to adjust this plan, in its sole discretion. In the event that the Contractor cannot produce the required analysis and plan within the allotted time, the Ordering Entity, in its sole discretion, may perform such analysis and produce a remediation plan, at the Contractor's cost.Liability Not withstanding any other provision of this RFP, Contract or any Order, the Contractor shall be liable to the Ordering Entity for all consequential and incidental damages arising from a Breach of Data Security.OO. Family Educational Rights and Privacy Act (FERPA)All Offeror personnel on this project shall adhere to existing privacy/security standards established by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. Section 1232g; 34 CFR Part 99. The Offeror and their personnel shall protect the confidentiality of all students and their associated educational records. Except for officially approved purposes, no information about or obtained from, any student or teacher shall be disclosed to any party other than CDHS, without prior written consent. The Awarded Offeror will be required to sign the FERPA Confidentiality Agreement. PP. Binding Offer A proposal submitted in response to this RFP shall constitute a binding offer. Acknowledgment of this condition shall be indicated by the signature on the RFP Signature Page (Exhibit I) of the Offeror or an officer of the Offeror legally authorized to execute contractual obligations. By submitting a proposal the Offeror affirms its acceptance of the terms and requirements of this RFP, including its attachments and exhibits, without exception, deletion, or qualification – and without making its offer contingent. The Offeror further agrees to cooperate with CDHS and expedite the contracting process upon notice of award.QQ. TaxesThe State of Colorado, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code (Registration No. 84-730123K) and from all state and local government use taxes C.R.S. 39-26-114(a)). Our Colorado State and Local Sales Tax Exemption Number is 98-02565. Seller is hereby notified that when materials are purchased in certain political sub-divisions (for example - City of Denver) the seller may be required to pay sales tax even though the ultimate product or service is provided to the State of Colorado. This sales tax will not be reimbursed by the State.RR. Public Opening of Proposals On the date and time shown in the “Public Opening of the Proposals” below, the Purchasing Agent will conduct the public opening at the delivery location identified in this RFP’s “Submit all Sealed Bids/Proposals to” section. The Public Opening will disclose only the names of all Offerors who have submitted a proposal in response to the RFP by the closing deadline. Information regarding contents of proposals will be available from the Purchasing Agent following issuance of a “Notice of Intent to Make an Award” letter. Please make a note: Participants shall not be admitted earlier than 15 minutes prior to the start of the Public Opening.SS. Contract Performance for Services Outside the State of Colorado and/or the United States(Not applicable if Contract Funds include any federal funds) Following the issuance of a Purchase Order or State Contract, Contractor shall provide written notice to the State if Contractor intends to perform or subcontract for the performance of Services outside the State of Colorado and/or the United States. Such notice shall specify the type of services to be performed outside the State of Colorado and/or the United States and the reason why it is necessary or advantageous to perform such Services at such location or locations. All notices received by the State shall be posted on the Colorado Department of Personnel & Administration’s website. Knowing failure by Contractor to provide notice to the State under this provision shall constitute a material breach of any contract/purchase order awarded pursuant to this solicitation. SECTION III: BACKGROUND, OVERVIEW AND GOALS3.1Next Generation Quality Rating and Improvement System The Colorado Department of Human Services was awarded a $45 million grant by the US Department of Education to improve the quality of early childhood education in Colorado. This Race to the Top Early Learning Challenge (RTT-ELC) Grant is focused on solutions and strategies designed to improve kindergarten readiness for all children across Colorado, with a targeted focus on children with high needs. Specifically, the grant is designed to achieve this objective by funding the following strategic priorities in Colorado:Smarter Management – Increase effective state and local coordination for early learning and development initiatives, including the development of data systems and use of data to support efficiencies;Better Quality – Launch the Next Generation Quality Rating and Improvement System for all licensed child care centers, family child care homes and school based preschool programs, and increase the number of programs at the highest levels of quality;Stronger Workforce – Prepare effective early learning professionals by employing a state-of-the-art workforce competency ladder in all education and training opportunities; and,Deeper Understanding of Children – Enable child-focused instruction and allow the state to better gauge children’s readiness through a universal kindergarten assessment and the expansion of the assessment of children before kindergarten. Promote the Early Learning and Development Guidelines to better understand what children can and should do from birth to eight years of age. Expand the use of standardized developmental screenings across the state to support early identification and referral practices.In order to achieve these strategic priorities, Colorado will be implementing multiple programs and initiatives designed to build high quality programs, and increase the number of children with high need(s) () being served by those high quality programs. As part of this drive to improve quality, Colorado will contract a Quality Rating and Improvement System Administrator to develop and implement the ratings assessment process for high quality providers in alignment with Colorado’s Next Generation Quality Rating and Improvement System.A Quality Rating and Improvement System Administrator will work at the direction of the Office of Early Childhood within the Colorado Department of Human Services to support, guide and assess center and family providers who would like to pursue a high quality rating, defined as Levels III – V of the Next Generation Quality Rating and Improvement System. This RFP is seeking a solution to provide the business functionality for the rating administration of the Next Generation Quality Rating and Improvement System. The Office of Early Childhood has decided to use a statewide approach for the implementation of this RFP. The Offeror must outline how they will provide quality ratings across the state, positioning assessors in various areas to cover all areas of the state. Refer to Exhibit D, Locations of Licensed Facilities by Home and Centers.The Offeror will be required to use the centralized Next Generation Quality Rating and Improvement System technology solution, which is currently in development.. This system will be managed by the state but the Offeror will be required to work closely with the state in the development, implementation and operation of this system. The cost to development and maintain the technology system, however, will not be the responsibility of the Quality Rating and Improvement System Administrator. 3.2Quality Rating and Improvement System Administrator Business FunctionsThe following solutions are required and shall be provided by the Quality Rating and Improvement System Administrator:Ratings Assessment for Levels III – VDevelopment and maintenance of materials (applications, tutorials, assessments, reports) to support providers pursuing Level III – V quality ratings through a ratings observation and assessment and/or an alternative pathway of accreditation.Hire, train and maintain assessors to perform classroom observations, review applications and accreditation reports, respond to disputes and offer training support as needed for providers wishing to pursue Levels III – V.Develop and support a dispute process in alignment with Colorado’s Next Generation Quality Rating and Improvement System allowing programs with concerns about their rating to provide proof of error to an independent reviewer/committee appointed or approved by the Office of Early Childhood.This process to include reporting disputes and resolutions to the Office of Early Childhood, monthly.Work with the state contractor responsible to implement regular inter-rater reliability practices, aligned with best practice, to ensure the highest standards of ratings assessment are being administered consistently across raters.Ratings Reporting Comprehensive and regular reporting on process efficiency and rating capacity.Accounting of ratings processed including a breakdown of funding sources by rating or review.Quarterly reporting on ratings, including average rating scores across the various scale criteria by license type.Additional reporting as requested by the Office of Early Childhood.Best Practices Review and ApplicationAnnually, perform a comprehensive review of materials, processes and feedback from providers regarding administration of the ratings system.Provide an annual summary report of the findings to the Office of Early Childhood including a recommendation for adjusting materials, process or administration of the program accordingly based on findings and lessons learned.Under the direction of Office of Early Childhood, implement any agreed upon adjustments to materials, processes and procedures.3.3Quality Rating and Improvement System Administrator RoleThe Quality Rating and Improvement System Administrator will report to the Quality Rating and Improvement System Manager within the Office of Early Childhood and will be responsible for managing the implementation of Colorado’s Next Generation Quality Rating and Improvement System. Specifically, the Quality Rating and Improvement System Administrator will be responsible for the following functions:Oversee ImplementationWork closely with the Quality Rating and Improvement System Manager to implement key activities that result in rating determinationMonitor rating process to ensure proper and valid data collectionCommunicate with the Quality Rating and Improvement System Manager regarding implementation issuesEnsure compliance with the state approved dispute process for programs that wish to challenge a rating Manage Data CollectionEnsure the valid and reliable program data collection to include the Environmental Rating Scales (ITERS-R, ECERS-R, FCCERS-R), The Classroom Assessment Scoring System (CLASS), standards and points for family partnerships, leadership management and administration, learning environment and child health based on the design guide for the Next Generation Quality Rating and Improvement System in accordance with the Next Generation Quality Rating and Improvement System databaseCollect descriptive data about programs participating in the Next Generation Quality Rating and Improvement System to inform the quality improvement plan (QIP) and scoringWork closely with the technology vendor to ensure that any tablet, PC or data capture application is compatible with the Next Generation Quality Rating and Improvement System database. Assessor Management SystemDevelop and implement an Assessor Management System to support the rating process, including the following:Development of business process manual that includes all related policies and protocolsDevelopment of assessor and anchor criteria, training requirements, and payment scaleScheduling processes and protocols in order to assign assessors to classrooms, to include working with the technology vendor in use of randomizers for classroom selectionRecruitment of qualified assessorsDevelop assessor trainings and supports (e.g., monthly assessor meetings, annual trainings, etc.)Track assessor inter-rater reliability requirements and completionQuality assurance processes to support the validity of the observation data and data captureWork with the technology vendor to ensure that the data collection and reporting processes for the Assessor Management System and the data entry meet the needs of the Next Generation Quality Rating and Improvement SystemReporting, Archiving, and Data ExchangesWork with key data partners on an ongoing basis to ensure that data needed to inform the rating are securedWork with the technology vendor to identify reports needed for: all participant levels to support the rating processtracking the implementation processes and support the testing of the reports during the phases of developmentWork closely with the Quality Rating and Improvement System Manager and technology vendor to develop and support change management and marketing plans for implementation of the Next Generation Quality Rating and Improvement System.3.4Budget and Fee StructureThe goal of the Race to the Top Early Learning Challenge Grant is to invest in strategies that support improved high quality early childhood education, especially for children with high needs. To advance the adoption and utilization of the Next Generation Quality Rating and Improvement System, it is the intent of the Office of Early Childhood to fund Level III – V ratings fees that would otherwise be assessed to the provider through the duration of the grant. The breakdown of costs associated with a vendor bid should include detailed start-up and one-time implementation costs.A transparent and detailed fee structure shall be provided to detail the costs of the Quality Rating and Improvement System Administrator’s ability to meet the business functions outlined in Section 3.1. It is expected that a fee structure provided by an Offeror include the following information: Per classroom fee for Ratings Administration via observation (assessor salaries, assessor supervision, application processing, classroom observation and reporting) which is not bundled and is not to exceed $671.00 per classroom Per provider fee for Ratings Administration via accreditation (application processing)Number of assessments completed by a ratings assessor in a weekAny additional direct costs that relate to the quality rating. The detailed fee structure should also note whether any other vendor, platforms or tools will be needed and, if so, whether this represents a collaborative bid between vendors or a representation of the market rate for their services. Responses should use the cost model assumptions for Colorado rating needs as outlined in Exhibit B and submit your cost proposal on Exhibit C. The response should provide costs for each required component separately, in addition to specifically identifying additional costs that are not captured in the cost model. Indirect costs must not exceed 5%. 3.5Fee Transition It is assumed that after the term of this contract, which coincides with the conclusion of the grant, alternate funding sources will cover the costs of ratings administration. The funding may include federal and/or state sources, be direct from the providers or subsidized completely or partially by private or grant sources that may be identified over the term of the grant.3.6Implementation RequirementsThe Office of Early Childhood intends to implement Phase 1 of the Next Generation Quality Rating and Improvement System beginning summer 2014. It is the intention of the Office of Early Childhood to finalize an implementation plan in coordination with the Quality Rating and Improvement System Administrator(s) contracted through this RFP process. Recognizing there are several implementation challenges presented, including upfront ratings administration capacity, expiring ratings from current Qualistar rated programs, general understanding among providers, ability to engage with the ratings platform by providers and ensuring critical programs like county level tiered reimbursement aren’t disrupted, the Office of Early Childhood is interested in receiving recommendations from Quality Rating and Improvement System Administration applicants on how to proceed with implementation given the expectations outlined in this RFP and the infrastructure budget for this project. SECTION IV: REQUIREMENTS / STATEMENT OF WORKRespond to the requirements in the same sequence as outlined in this section, and restate the requirement followed by your response. Proposals that do not follow the sequence, outline, and response format of this RFP may be deemed non-responsive and disqualified from further consideration. 4.1Mandatory Offeror RequirementsIn order to be considered for this RFP, respondents must possess the following mandatory minimum qualifications listed below.Possess demonstrated experience in providing administration business functions that are comparable in size and scope to the project outlined in this RFP. Offerors should demonstrate this qualification by providing viable references (outlined below). Offerors must demonstrate a successful approach for structuring fees and services. This includes providing a clear model for how grant funds will be used to support one time implementation costs and ongoing ratings administration for providers pursuing Levels III – V.Offerors must attest they reside within the United States. Off shore development, administration and maintenance is not allowed to design, implement, maintain, or support this system.Offerors must provide at least two (2) viable references from customers. These references must showcase actual operational systems.Offerors shall include an implementation strategy to launch phase 1 by summer 2014Any response that does not demonstrate that the respondent meets these minimum requirements by the deadline for submittal of proposals will be considered non-responsive and will not be eligible for award of the contract.4.2Functional RequirementsThe Offeror shall provide a summary of how they meet the business and functional requirements outlined in Sections 3.1 to 3.6. Specifically, the Offeror should describe how they will effectively administer rating services. The Offeror should provide details on how they can meet the standards and design plan outlined in Colorado’s Next Generation Quality Rating and Improvement System design guide (Exhibit A).4.3 Strategic Regional SupportThe Offeror shall provide an overview of their capabilities to support a statewide approach, ensuring the placement of assessors in strategic regional areas to meet demand for ratings. 4.3 MaintenanceThe Offeror will be expected to maintain all training, documentation and processes used to support Ratings Administration. In coordination with the Office of Early Childhood, the Offeror will be expected to review all materials and procedures annually, identifying opportunities for improvement or incremental materials or support procedures to make the administration of the Next Generation Quality Rating and Improvement System efficient and improve the experience of providers choosing to pursue Levels III – V ratings. The Offeror shall describe their processes for providing on-going support and continuous improvement.4.4Key Personnel The Successful Offeror shall provide detailed resumes, salaries and information outlining the key capabilities of the personnel assigned to this contract. This shall include, at a minimum, a summary of their professional backgrounds and a detailed explanation of their role within the engagement. 4.5Service Level AgreementsThe Successful Offeror shall outline their service level agreements for responding to the Office of Early Childhood for technical assistance and support.4.6Project ManagementThe Offeror will be expected to provide project resources for planning, implementation and ongoing support. The Offeror shall provide an overview of their project planning approach, including who and how they will resource the project for each phase and what kind and how many resources will be required from the State of Colorado to support each phase of the project. 4.7Compliance to State of Colorado Security StandardsThe State of Colorado strives to protect information assets, data and reputation while providing a secure software development life cycle for the lifetime of systems and applications. The Offeror shall attest to understanding the Colorado Security Standards and that all Contracted personnel will comply with these policies as a user of the QRIS system.These policies can be found at and FERPA Requirements.The Successful Offeror(s) shall follow the Health Insurance Portability and Accountability Act (HIPAA), the Family Educational Rights and Privacy Act (FERPA), state and industry standard security policies, including the provision of confidentiality agreements for all successful Offeror staff, subcontractors ,and educators participating in any aspect of this project. The contract will include the following provision: Health Insurance Portability & Accountability Act of 1996 (“HIPAA”). Federal law and regulations governing the privacy and security of certain health information requires a “Business Associate Contract” between the State and the Contractor. 45 C.F.R. Section 164.504(e). Attached and incorporated herein by reference and agreed to by the parties is a HIPAA Business Associate Addendum (“HIPAA BAA”) for HIPAA compliance. Terms of the Addendum shall be considered binding upon execution of this contract and shall remain in effect during the term of the contract including any extensions. See Exhibit J, for HIPAA Business Associate Addendum that will be a part of the contract process.Any breach of security that occurs through the negligence or inaction of a successful Offeror, such as, but not limited to, failure to adhere to any security protocol or allowing raters to remove secure materials from Item Writing Meetings, Item Review Meetings, Data Review Meetings, Anchor Paper Selection, Validation Meetings, or the Scoring Center, will be considered a default on the terms of this contract.The Offeror shall attest they will follow both HIPAA and FERPA compliance procedures.4.9DATA AND KEY DELIVERABLESThe Successful Offeror shall provide a statement attesting to the contractual requirement that all data, deliverables, and work products produced for the Office of Early Childhood under this contract are the property of the State of Colorado. SECTION V: RESPONSE FORMATTo facilitate an effective evaluation process, proposals must be submitted in the following format on 8 1/2 by 11 inch paper and all pages shall be numbered in the following manner: page____ of ____ pages. Please use double-sided pages. All acronyms in the proposal must be defined. Failure to provide the requested information may result in disqualification of the proposal. Proposals that do not follow the sequence, outline, and response format of this RFP, may be deemed non-responsive and disqualified from further consideration. 5.0 Packaging Requirements:One (1) original hardcopy labeled NARRATIVE ORIGINAL and (1) hardcopy of Offeror’s proposal. Eight (8) electronic copies (flash drives) of the narrative non-confidential proposal labeled NARRATIVE 1 of 8, 2 of 8 etc. and labeled with offeror’s name.One copy of the State of Colorado Request for Proposal – Signature Sheet (Exhibit I) form MUST be completed and signed in blue ink by a person who is legally authorized to bind the Offeror to the proposal. The signed form is to be included with the proposal that is marked as ORIGINAL. If approved confidential materials are included, one (1) original labeled CONFIDENTIAL ORIGINAL and Eight (8) electronic copies (flash drives) labeled CONFIDENTIAL 1 of 8, etc. separately bound and labeled with offeror’s name. Please keep in mind that it is CDHS’s preference for there to be no confidential materials submitted as part of responses to this RFP. Refer to Section 2.J for more information related to confidential materials One (1) original hardcopy labeled COST ORIGINAL, one (1) hardcopy and Eight (8) electronic copies (flash drives) of the cost proposal labeled COST 1 of 8, 2 of 8, etc., separately bound and labeled with offeror’s name. Exhibit C One (1) original of Exhibit F (Contractor Non-Conflict of Interest Statement) and Exhibit G (Offeror Disclosure Statement) and acknowledgements labeled CERTIFICATIONS?One (1) flash drive with the narrative proposal and and one (1) flash drive of cost proposal in Microsoft Word 7.0 or higher, Microsoft Excel or searchable PDF formats. NO CD’S WILL BE ACCEPTED Should the Offeror propose alternative solutions or pricing, such information shall be provided and packaged in the same format and manner as set forth above.Each package of the proposal(s) must be clearly labeled with the RFP Title, the Offeror’s name, the proposal due date and time, and the wording: “SEALED PROPOSAL DO NOT OPEN”.Prices and terms of the proposal(s) as stated must be valid for the length of any resulting contract(s) and subsequent extensions and or amendments. All costs incurred in responding to this RFP shall be borne by the Offeror. Proposals that are determined to vary from these requirements may not be accepted.All participating Offerors, by their signature, shall agree to comply with all of the conditions, requirements and instructions of this RFP as stated or implied herein. Should the State omit anything from this document which is necessary to a clear understanding of the work, or should it appear that various instructions are in conflict, the Offeror shall inquire and secure written instructions from the Purchasing Agent by the written inquiry deadline set forth in this RFP.The State respects the environment and desires to do business with Offerors who share this concern. The Department desires and encourages that proposals be submitted on recycled paper, printed on both sides. While the appearance of proposals and professional presentation is important, the use of non-recyclable or non-recycled glossy paper is discouraged. Telegraphic or electronic bids (Fax, Western Union, Telex, e-mail, etc.) cannot be accepted directly in the Purchasing Office as a sealed bid for the original proposal. Proposals must be submitted and sealed in a package per packaging requirements (Section 5.0) with an appropriate label affixed. The label must show the following information clearly on the outside of the sealed package:[Offeror’s Name]RFP # NCRE1405015FRCXProposal Due: (06/13/2014, 12:00 PM (MDT)Offeror’s Email Address:Send or delivery submissions to: Colorado Department of Human Services North/Central Procurement Office Attn: Eva Reynolds 7866 W. Mansfield Parkway Denver, CO 802355.1State of Colorado Request for Proposal Signature PageInclude the State of Colorado Request for Proposal Signature Page (Exhibit I). An officer of the Offeror who is legally authorized to bind the Offeror to the proposal must sign this page in ink.5.2TRANSMITTAL LETTERSubmit a Transmittal Letter on your official business letterhead that:Positively states your willingness to comply with all work requirements and other terms and conditions as specified in this RFP.Identifies all material and attachments that comprise your proposal.Is signed by an individual authorized to commit your organization to the proposed work.States whether the Offeror is a partnership, a non-profit corporation, a Colorado corporation, a non-Colorado corporation, or some other business structure. Non-Colorado corporations must register as a foreign corporation to conduct business in Colorado and appoint a resident agent to review process. If the Offeror is a foreign corporation, a limited liability partnership or a limited liability limited partnership, state that the Offeror currently has a Certificate of Good Standing or Certificate of Existence to do business in Colorado. Proof of such certification shall be provided upon request.States whether the Offeror or any of the Offeror's employees, agents, independent Offerors, or proposed subcontractors have ever been an excluded provider, convicted of any criminal charges or actions involving moral turpitude. If yes, attach an explanation.States that the Offeror's Proposal shall remain valid for a minimum of one hundred eighty (180) days from the date of the award.Discloses all current pending contracts with the State of Colorado and all bids or proposals submitted to the State of Colorado but not yet awarded.Identifies all potential conflicts of interest related to this RFP. If any actual or potential conflicts of interest are identified, provide your plan to mitigate the actual or potential conflict of interest.5.3 COMPANY HISTORYThe Offeror shall provide the number of years established and a short history of business offerings specific to the scope of this RFP. This shall include a brief history of the rating administration as well other types of business services provided.5.3.1Organizational StructureDescribe the organizational structure for the Offeror. This shall include the total number of employees as well as the number and geographic location of offices.5.3.2 Failure to CompleteDisclose whether the Offeror (or any general partner or joint venture of the Contractor) has ever failed to complete a similar project. If so, list the date of commencement of the project and the entity for which the project was to be performed, and explain why the project was not completed.5.3.3 Conflict of InterestThe Offeror shall document any conflict(s) of interest due to any other clients, contracts, or property interest. Complete Exhibit F and submit with original hardcopy response.5.3.4 Disclosure of Outstanding LitigationExplain in detail whether the Offeror’s company is currently part of or has ever been part of any litigation related to implementing or managing a software system or business service. Complete Exhibit G and submit with original hardcopy response.5.3.5 Agreement on Data OwnershipThe Offeror shall attest they understand all data collected through the ratings processes are the property of the State of Colorado.5.4TECHNICAL/ BUSINESS PROPOSALRestate each requirement set forth in Section IV - Requirements/Statement of Work, followed by a response describing the approach and how the requirement will be met. Identify the Section number of each requirement. Indicate in detail the scope of services included in your proposal and identify any items requested by the State that are not included in your proposal. 5.5. DEMONSTRATED EXPERIENCE AND CAPABILITIES The Colorado Department of Human Services requires the Offeror to have superior capability and experience in the implementation of Ratings Administration. The Offeror shall specifically respond to the Mandatory Requirements stated in Section 4.1.5.6 COST PROPOSAL The Offeror shall provide detailed cost estimates for the following, and using the cost proposal template provided in Exhibit C:Start-up Expenses – this is a one-time costQuality Rating Administration Costs – including ongoing ratings administration via observation and accreditation application evaluation processes.Rating cost per classroomCost proposals in excess of the budget amount noted in Section 1 may not be considered.5.7 DELIVERY SCHEDULE The proposal must include a schedule of the work to be performed and delivery date of the required reports.5.8 FUNCTIONAL RESPONSE TO REQUIREMENTS The Offeror shall respond to the functional requirements described in Section IV.5.9IMPLEMENTATION APPROACHThe Offeror shall describe their approach to implementation, including addressing the key phases in Section IV. The Offerors shall provide their approach that they believe will work best for Colorado.5.10PROJECT MANAGEMENT AND GOVERNANCEThe Offeror shall provide a brief summary of their management processes and capabilities, including:Providing effective communication with the Colorado Department of Human Services, Colorado Department of Education, and other agencies.Managing changes to contract scope and service level agreements.Managing issues and risks.Ensuring quality control.5.11PROPOSED STAFFINGThe Offeror shall provide the following in terms of staffing:Project organization chart that identifies the necessary involvement from Colorado Department of Human Services staff.Itemization of all consultants and subcontractors to be used by the Offeror on this project, including a brief outline of the responsibilities for each of these resources.Consultant or subcontractor biographies, which should provide the following:NameTitleProject RolePercentage of time dedicated to the projectBrief Summary of work experience and/or qualificationsSalaryResumes shall be provided as an appendix for all proposed staff.5.12FACILITY AND OTHER REQUIREMENTSProvide a clear description of any facility, personnel, and other requirements needed for the accomplishment of the project that the State will be expected to provide. The State reserves the right to provide only those facilities, personnel, and other requirements, as the State deems necessary and appropriate.5.13COMPLIANCE TO SECURITY STANDARDSThe Offeror shall provide a statement that they meet the security requirements outlined in Section 4.9.5.14COMPLIANCE TO HIPAA and FERPA PoliciesThe Offeror shall provide a statement that they will comply with all HIPAA and FERPA policies outlined in Section 4.10.5.15 WORKING ASSUMPTIONSThe Offeror shall identify and list specific working assumptions used in the approach, cost and project schedule.5.16 ADDITIONAL DATA Since the preceding sections are to contain information that is specifically requested, the Offeror may include any additional information considered essential to the proposal in this section. The Offeror should not include general information publications, such as marketing, directories or client lists.5.17 STATE OWNERSHIP OF DATAThe Offeror shall attest they understand that all data, deliverables, and work produced for the Office of Early Childhood under this contract becomes the property of the State of Colorado.SECTION VI: EVALUATION AND AWARDEvaluation of ProposalsThe award decision ultimately is a business judgment that will reflect an integrated assessment of the relative merits of the proposals using the factors set forth in the RFP. The Department intends to award the contract to the Offeror(s) whose proposal, conforming to the RFP, will be most advantageous to the Department, price and other factors considered. The Department will conduct a comprehensive, fair, and impartial evaluation of the proposals received in this solicitation effort. A Proposal Evaluation will evaluate Proposals that meet the minimum general requirements. Evaluation criteria for the proposals will be used for the purpose of ranking the proposals in a relative position based on how fully each proposal meets the requirements of this RFP. Such ranking will not necessarily be conclusive in selection of a prospective Offeror, but will be evaluated with other information that may come to the attention of the State, and may, in their judgment, impact the prospective Offeror's ability to perform the services.Offerors should not assume that they will have an opportunity for oral presentations or revisions of proposals. Therefore, Offerors should submit their most favorable proposal as their initial proposal. If an award is not made based on the initial proposals, Offerors considered most competitive may be provided an opportunity to make an oral presentation or provide clarifying information. The competitive range determination will be based exclusively on the written proposals. Offerors are therefore cautioned to ensure that their proposals adequately convey a sound approach and a comprehensive understanding of the scope of work requirements. If proposal revisions are permitted after the conclusion of oral presentations and discussions, the Department will establish a date, in writing, for submission of best and final offers. The purpose of this step would be to submit revisions/clarifications only, not to submit comprehensive proposal rewrites.SUBMISSION CHECKLISTProposals that have met the minimum submission requirements outlined in this RFP will be passed on to the evaluation review committee for further review and consideration. At a minimum, proposals are:Submitted by the due date and timeRegistered BIDS VendorCompleted and Signed Signature Page(Exhibit I)Completed and Signed Transmittal LetterCompleted and Signed Non-Conflict of Interest Certification(Exhibit F)Completed and Signed Non-Disclosure Statement Certification (Exhibit G)Organized, tabbed, and formatted per instructions contained within the RFP and all other documents considered to be a part of the RFP.Consistent with packaging instructions and designated number of copies ad flash drives.Proposals that do not meet the criteria of the Submission Checklist and initial review may be disqualified.6.3 MANDATORY CRITERIACriteria outlined in Section IV and expanded upon in Section V are considered mandatory criteria for Offeror’s proposal to be considered in this evaluation.6.4 GENERAL CRITERIAA review committee will evaluate the merits of proposals received in accordance with the evaluation factors and formulate a recommendation. Proposals with the highest evaluations may be invited to complete a demonstration of their capabilities against a set of scripts to be provided by the evaluation committee. A final selection will be made by the evaluation committee following the evaluations and if required oral presentations/interviews. The selection committee will make a formal recommendation to the Director of Procurement for award.Failure of the Offeror to provide all the information requested in this RFP may result in disqualification of the proposal. This responsibility belongs to the Offeror.The sole objective of the evaluation committee will be to recommend the Offeror whose proposal is most responsive to the State's needs while charging reasonable transactional fees. The specifications within this RFP represent the minimum performance necessary for response.6.4.1Minimum Proposed Evaluation Factors At this time below are the minimum proposed evaluation factors:Demonstrated implementation of a Ratings Administration System similar to the functional scope and scale as outlined in this RFP.Clear and specific approach for carrying out the requirements of this RFP, including the implementation schedule and timeline.Total costs associated with design, implementation, quality ratings and on-going support of Ratings Administration.NOTE: The Evaluation Committee will judge the merit of proposals received in accordance with the requested criteria.6.4.2 Basis for Award The business and technical factors will be assessed based on the soundness of the Offeror’s overall approach and the Respondent's understanding of the requirements. The experience and/or demonstrated capabilities factor will be assessed by considering the extent to which the qualifications, experience and past performance are likely to foster successful, on-time performance. Strategies for meeting expedited implementation timeframes will be assessed based on their reasonable likelihood of success. Assessments may include a judgment concerning the potential risk of unsuccessful or untimely performance, and the anticipated amount of State involvement necessary (beyond that reasonably necessary) to ensure timely, successful performance. The Offeror recommended for an award must provide (upon request) documentation of financial responsibility, financial stability, and sufficient financial resources to provide the services sought in this RFP. This response must include financial information by which the State may reasonably formulate an opinion about the relative stability and financial strength of the Offeror and a credit rating by a rating service. These statements shall include at least a balance sheet and income statement (including footnotes). These statements must be certified by a certified public accountant (CPA).The State may disqualify from consideration any Offeror who is involved in bankruptcy proceedings or whose financial condition is deemed to pose a risk to the State for successful performance of the contract.PERFORMANCE OF AWARDProposed changes or exceptions to any requirement may disqualify Offeror’s proposal response from consideration. A completed contract is expected within 30 days following the letter of intent to award. In the event a contract is not signed (through no fault of the State) by the awarded Offeror within 30 days, and barring any protest that may delay the completion of a contract, the State may elect to cease negotiations, withdraw the award, and award to the next most advantageous Offeror.PUBLIC CONTRACTS FOR SERVICES. CRS 8-17.5-101 (EXCLUDED; SECURITIES, INVESTMENT ADVISORY SERVICES OR FUND MANAGEMENT, SPONSORED PROJECTS, INTERGOVERNMENTAL AGREEMENTS, OR INFORMATION TECHNOLOGY SERVICES OR PRODUCTS AND SERVICES). Effective May 13, 2008, Offerors who enter into or renew a public contract for services with Colorado state agencies or political subdivisions must participate in either the Federal E-Verify program, or the Colorado Department of Labor and Employment Program. For more information see E-Verify Program: or Colorado Department of Labor and Employment Program and notice forms: Division of Labor: ANext Generation Quality Rating and Improvement SystemDesign Guide Exhibit BCost Model Assumptions for Colorado Licensed ProgramsActual Numbers 2,041Licensed Centers in Colorado (43%)2,718Licensed Homes in Colorado (57%)Model of Occurrence40% of Centers and Homes will pursue Level III - V ratings between implementation and December, 201650% of classrooms will be observed every 3 years for Levels III – V and will include an observation in all represented age groups (For example – If a center has 4 classrooms and 1 is Infant, 1 Toddler, and 2 preschool. An observation will be done in Infants, Toddlers, and one of the Preschool classrooms to represent 50% of all represented age groups)Cost Model Assumptions 4 Average number of classrooms per licensed Center4Average number of Observations done Weekly by each assessor$45,000.00Average salary for an Assessor$45,000.00Average salary for a Document Specialist$55,000.00Average salary for a Supervisor of Assessors$672Approximate cost per classroom ratingAnnualized Cost AssumptionsEstimated 3 Year Rating Cost Assumptions 27Months of Ratings (Yr 1, 5 months, Yr 2 ,12 months, Yr 3, 10 months)$88,125.00per Month$1,057,500.00Total ANNUAL Costs$2,379,375.00Total CostExhibit B1Cost Model Assumptions for Colorado Licensed Programscenter822960centercentercentercentercentercenterExhibit C (Sample)Cost Templates center1382358MUST BE COMPLETED AND RETURNED OFFEROR’S RESPONSE = The Excel document of Exhibit C is attached as a separate Exhibit to RFP on BIDS.center-247650Exhibit DLocations of Licensed Facilities by Home and CentersPOSTED ON THE BIDS WEBSITE AS A SEPARATE DOCUMENT Exhibit F RFP-NCRE1405015FRCXConflicts of Interest and Non-Conflict Certification Conflicts of Interest and Non-Conflict CertificationThe State of Colorado prohibits any business entity or person to be awarded a contract if they have an “Organizational Conflict of Interest” with regard to this solicitation and the resulting contract.An Organizational Conflict of Interest exists when a person or business entity has an unfair competitive advantage because of other activities or relationships with other persons. No person or business entity who was engaged by the State of Colorado in preparing the original Request for Proposal solicitation or who had access prior to the solicitation to procurement sensitive information related to this procurement including but not limited to Requirements, Statements of Work, or Evaluation Criteria will be eligible to directly submit or participate in the submittal of a proposal for this solicitation. The State of Colorado considers this to be an Organizational Conflict of Interest. For purposes of this solicitation, organizational conflict of interest means that because of other activities or relationships with other persons, a person or business entity has an unfair competitive advantage. All Offerors who wish to participate in this solicitation must certify that no organizational conflict of interest exists by completing and signing this anizational Conflicts of Interest Prohibition and Non-Conflict CertificationThe Offeror warrants that, to the best of his/her/its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest. The responder agrees that, if after award, an organizational conflict of interest is discovered, an immediate and full disclosure in writing must be made to the State of Colorado, which must include a description of the action, which the successful Offeror has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State of Colorado may, at its discretion, cancel the Contract award. In the event the successful responder was aware of an organizational conflict of interest prior to the award of the Contract and did not disclose the conflict to the contracting officer, the State of Colorado may terminate the Contract for default. The provisions of this clause must be included in all subcontracts for work to be performed similar to the service provided by the prime Contractor, and the terms “contract,” “Contractor,” and “contracting officer” modified appropriately to preserve the State of Colorado’s anizational Conflict of Interest - Offeror’s Signature and Certification The undersigned on behalf of the Offeror hereby certifies that the information contained in this certification is accurate, complete, and current.Signature and dateTyped or Printed NameTitleCompany Name and AddressExhibit G: Offeror Disclosure StatementEXHIBITS H, J, and IExhibit H = Sample ContractExhibit J = Signature PageExhibit I = HIPAA Business Associate AddendumThe above exhibits are posted on the BIDS website as separate items ................
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