Home | SC.GOV
|[pic] | | | | |
| |State of South Carolina |Solicitation |: 01-S4143 | |
| | |Run Date |: 05/07/2001 02:37 PM |[pic] |
| |Request for ProposalQualification |Issue Date |: 05/07/2001 | |
| | |Buyer |: Bruce Breedlove | |
| | |Phone |: (803) 737-0630 | |
| | | | | |
| | | | | |
| | | | | |
| |
|* Deliver all items to: MULTI AGENCY TERM CONTRACT |
|FOR AGENCIES AND DELIVERY |
|THROUGHOUT SOUTH CAROLINAAS SHOWN ON PAGE THREE (3) |
|OF BID., SC 29000 |
| |
Requested Delivery Date: 30 Days ARO Bidder’s Best Delivery: ______________days After Receipt of Order (ARO)
Bidder’s Discount Terms:______________%______________Days.
Return Bid No Later Than…(Opening Date/Time): 064/190/2001 02:30 pm Posting Date: See Amendments04/17/2001
Return Bid To: Materials Management Office of the State CIO Express / Hand-Carry To: 1201 Main St. - Suite 82600
P.O. Box 1139501103 Capitol Center - Affinity Bldg.
Columbia, S.C. 29211 Columbia, S.C. 29201
Description: Assist State Agencies In Complying With The Health Insurance Portability and Accountability Act (HIPAA)
MUST BE SIGNED TO BE VALID
By signing this bid, I certify that we will comply with all requirements of section 44-107-10, ET Seq., Relating to the S.C. Drug-Free Workplace Act.
*** Solicitation Number and Opening Date must be shown on sealed envelope ***
Award will be posted at our website address
Award will be posted at Express/Hand-Carry to: address listed above and at our website address state.sc.us/mmo/mmo/
|AUTHORIZED SIGNATURE |PRINTED NAME |DATE |
| | | |
|COMPANY |STATE VENDOR NO. (IF KNOWN) |
| | |
|MAILING ADDRESS |SOCIAL SECURITY OR FEDERAL TAX NO. |
| | |
|CITY |STATE |ZIP CODE |PHONE |
| | | | |
|EMAIL ADDRESS: (Please provide) |CONTRACT NO. |
| | |
|ACCEPTED BY STATE OF SOUTH CAROLINA AS FOLLOWS: |
| |
|BUYER |DATE |
| | |
MMO NO. 001 (REV 6/95)
Schedule of Key Events
1. Issuance of Specifications 05-07-2001
Pursuant to the posted results of the Request for Qualifications dated
05-03-2001, the State will only accept responses from the following companies:
EDS Maximu CACI PSI Net
Covansys Unisys iVista Sierra Systems
KPMG BC/BS Keane GovConnect
IBM Pricewaterhouse
2. * Pre Proposal Conference and Deadline 05-30-2001
for receipt of questions regarding this RFP. 10:00 AM
Location:
Office of the State CIO
1201 Main Street, 9th Floor, Room 960-A
Columbia, SC
3. Public opening and deadline for receipt of 06-19-2001
One (1) Original and Nine (5) copies 2:30 PM
of the formal Proposal in the
Office Of the State CIO
1201 Main Street ,8th Floor, Suite 820
Columbia, South Carolina 29201
* To submit questions or request additional information, send your written question/request to be
received no later than the date and time shown in item 2 above. Your contact for supplemental information is:
__________________________________________________________________________________________________
SEND QUESTIONS TO: Office of the State CIO
1201 Main Street, Suite 820
Columbia, South Carolina 29201
Attn.: Bruce Breedlove, CPPB
Fax: 803-737-4452
Email: bbreedlove@cio.state.sc.us
MARK ENVELOPES: QUESTIONS - 01-S4143
__________________________________________________________________________________________________
MAIL PROPOSALS TO: Office of the State CIO
P.O. Box 11395
Columbia, South Carolina 29211
HAND CARRY TO: Office of the State CIO
1201 Main Street, Suite 820
Columbia, South Carolina 29201
Key Events Dates
1. Issuance of Specifications.
2. * Deadline for receipt of questions regarding this RFP.
P.M.
|Conference Type : Pre Proposal Location:FOR AGENCIES AND DELIVERY Information Technology Management Office |
|Start Time : AS SHOWN ON PAGE THREE (3)1201 Main Street, Suite 820 |
|Columbia, SC 29201 |
3. Public opening and deadline for receipt of the formal
Proposal: 2:30 P.M.
Office of the State CIO
1201 Main Street, Suite 820
Columbia, South Carolina 29201
* To submit questions or request additional information, send your written question/request to be received no later than the date and time shown in item 2 above. Your contact for supplemental information is:
__________________________________________________________________________________
SEND QUESTIONS TO: Information Technology Management Office
1201 Main Street, Suite 820
Columbia, South Carolina 29201
Attn.:
Email: bbreedlove@cio.state.sc.us
MARK ENVELOPES: QUESTIONS --
__________________________________________________________________________________
MAIL PROPOSALS TO: Information Technology Management Office
P.O. Box 101103
Columbia, South Carolina 29211
HAND CARRY TO: Information Technology Management Office
1201 Main Street, Suite 820
Columbia, South Carolina 29201
1.0 GENERAL INFORMATION AND INSTRUCTIONS TO OFFERORS
PREPARATION OF PROPOSAL
All proposals should be complete and carefully worded and must convey all the information requested by the State. If significant errors are found in the OFFEROR’S proposal, or if the proposal fails to conform to the essential requirements of the RFP, the State, and the State alone, will be the judge as to whether that variance is significant enough to require ITMO to reject the proposal.
RECEIPT OF PROPOSALS: TIMELINESS
State Law requires that a copy of the proposal be submitted to and received by ITMO no later than the date and time specified in this RFP. OFFERORS mailing proposals should allow a sufficient mail delivery period to insure timely receipt (i.e. receipt by that date and time) of their proposals by ITMO. Any proposals received after the scheduled opening date and time will be immediately disqualified in accordance with the S. C. Consolidated Procurement Code and Regulations.
NUMBER OF PROPOSALS TO BE SUBMITTED
Each OFFEROR must submit (as indicated in the Special Instructions to Offerors) the requested number of copies of the proposal. The OFFEROR must mark on the envelope or wrapping containing the proposal the RFP identification number specified in the RFP.
PROPOSALS SIGNED
Unsigned proposals will be rejected. However, an authorized representative present at the proposal opening may provide the needed signature, provided that the discovery is made prior to the reading of the name of the first offeror.
PUBLIC OPENING
ITMO will open all proposals received in response to this RFP publicly at the time and place specified in the schedule of Key Event Dates, and will list, at that time, the name of each OFFEROR and make the list available for public inspection.
FORMAT FOR PROPOSALS
Offerors are to submit proposals in two parts:
The first part is the OFFEROR’S technical proposal. Technical Proposals are to be prepared in a manner designed to provide the State with a straightforward presentation of the OFFEROR’S capability to satisfy the requirements of this RFP. It should be bound in a single volume where practical. All documentation submitted with the proposal should be bound in that single volume where practical. Each response shall clearly indicate whether the OFFEROR’S proposal complies or does not comply with the requirements of this RFP. OFFERORS shall explain in detail the method used to meet each requirement. Elaborate brochures and other promotional materials are not desired. The OFFEROR shall not include any cost information in the Technical Proposal.
The second part is the OFFEROR’S Cost Proposal. The Cost proposal must be bound separately. The OFFEROR shall not include any technical information in the Cost Proposal.
ALTERNATE PROPOSALS
Offerors may submit more than one proposal, each of which must satisfy the requirements of this RFP in order to be considered. The alternative proposal(s): must be labeled “Alternate Proposal”, should address all the requirements of the RFP, or specify those portions that the alternate proposal would address, signifying that all other requirements would be accomplished as set forth in the RFP, and should include a separate cost proposal reflecting the total cost to the State for the alternate proposal.
CONFIDENTIAL INFORMATION
ITMO will not present, or otherwise make available, any documents relating to this procurement to any other person, agency or organization other than those evaluating proposals for purpose of award until notification of intent to award. Commercial or financial information obtained in response to this RFP which is privileged and confidential and clearly marked as such will not be disclosed. Such privileged and confidential information includes information which, if disclosed, might cause harm to the competitive position of the OFFEROR supplying the information. All OFFERORS, therefore, must visibly mark as "CONFIDENTIAL" each part of their proposal which they consider to contain proprietary information.
CONTACT LIMITATION
By submission of a response to this RFP, vendor agrees that during the period following issuance of the proposal and prior to the statement of intent to award, vendor shall not discuss this procurement with any party except members of the ITMO or other parties designated in this solicitation. OFFERORS shall not attempt to discuss or attempt to negotiate with the using Agency, any aspects of the procurement without the prior approval of the buyer responsible for the procurement.
PROPOSAL CONSTITUTES OFFER
By submitting a proposal, the OFFEROR agrees to be governed by the terms and conditions as set forth in this document and any subsequent amendment.
COMPETITION
It is the OFFEROR’S responsibility to advise the Information Technology Management Office if any language, requirements, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source.
OFFEROR’S DUTY TO INSPECT AND ADVISE
Each OFFEROR shall fully acquaint himself with the scope of this RFP. The failure of an OFFEROR to acquaint himself with existing pre-contract conditions or post-contract consequences shall in no way relieve such OFFEROR of any obligation with respect to this proposal or to any contract resulting hereof .
OFFERORS must notify the State of all costs reasonably expected. OFFERORS are notified that their failure to inspect, familiarize themselves with, or otherwise gather information as to the total cost to the State, will, in addition to any and all other remedies available, create cost difference liabilities and claims against the ultimately successful OFFEROR.
QUESTIONS
Every effort has been made to insure that all information needed by the OFFEROR is included herein. If an OFFEROR finds that it cannot complete a proposal without additional information, it may submit written questions to the person designated herein on or before the deadline set forth in the schedule of "Key Event Dates". All questions and written replies will be distributed to all OFFERORS and will be a part of this solicitation .
AMENDMENTS
If it becomes necessary to revise any part of the RFP, ITMO will issue a written amendment. THE STATE SHALL NOT BE LEGALLY BOUND BY ANY INTERPRETATION THAT IS NOT IN WRITING.
OTHER WRITTEN BASIS FOR PROPOSAL
If any of the OFFEROR’S proposal has as its basis written statements (other than the RFP) provided to him by the State (such as notification of a change in the specifications), the OFFEROR is to identify and include those statements in his proposal at the place or places applicable.
NOTICE AND POSTING OF AWARD
Notice of Award or Intent to Award will be posted at 1201 Main Street, Suite 820, Columbia, SC 29201 and at If the total value of the contract resulting from this solicitation is less than $50,000.00, Offerors who desire to receive a copy of the Statement of Award must include a self-addressed stamped envelope. All Offerors will receive a "Statement of Intent to Award" if the total value of any contract resulting is greater than $50,000.00.
RIGHT TO PROTEST
Any prospective bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the solicitation of a contract shall protest to the Chief Procurement Officer within fifteen days of the date of issuance of the Request for Proposals or other solicitation documents whichever is applicable or any amendment thereto, if the Request for Proposal, other solicitation document or amendment is at issue. Any actual bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the intended award or award of a contract shall protest to the Chief Procurement Officer within fifteen days of the date the notification of award or intent to award is posted.
Any protest must be submitted in writing to the Chief Procurement Officer, Office of the State CIO, 1201 Main Street, Suite 820, Columbia, SC 29201, and must set forth the grounds of the protest and the relief requested with enough particularity to give notice of the issues to be decided.
2.0 CONTRACTUAL OBLIGATIONS
THE CONTRACT DOCUMENT
Any contract resulting from this solicitation shall consist of the following documents which are listed in order of precedence: (1) any amendment required to resolve any difference between the remaining documents, (2) any amendments to the original solicitation in reverse order of issuance, (3) the solicitation as issued by the Office of the State CIO, (4) any amendments to the successful vendor's proposal accepted by the Office of the State CIO, (5) the successful vendor's proposal.
PURCHASING LIABILITY
The Office of the State CIO is acting under the authority given to it in the Consolidated Procurement Code to procure contracts on behalf of governmental agencies and acts only as their agent in this respect. The resulting contract is between the agency and the successful vendor or OFFEROR and the Office of the State CIO bears no liability for any damages that any party may incur in the execution or enforcement of the contract.
PATENT AND COPYRIGHT LIABILITY
If notified promptly in writing by the State of any action (and all prior claims relating to such action) brought against the State, based on a claim that the State's use of the services or products offered, including software, infringes a United States patent or copyright, the CONTRACTOR will defend such action at its expense and will pay the costs and damages awarded in any such action, provided that the CONTRACTOR shall have sole control of the defense of any such action and all negotiations for its settlement or compromise. The State shall give the CONTRACTOR prompt written notice of such claim and full right and opportunity to conduct the defense thereof, together with full information and reasonable cooperation. No cost or expenses shall be incurred for the account of the CONTRACTOR without its written consent. If principles of government or public law are involved, the State may participate in the defense of any action. If, in the opinion of the CONTRACTOR, the products furnished hereunder are likely to, or do become, the subject of a claim of infringement of a United States patent or copyright, then, without diminishing its obligation to satisfy a final award, the CONTRACTOR may, at its option and expense, (a) obtain the right for the State to continue to use such goods; or (b) substitute for the alleged infringing products other equally suitable products that are satisfactory to the State; or (c) take back such products; provided however, that the CONTRACTOR will not exercise option (c) until the CONTRACTOR and the State have evaluated options (a) and (b). In such event, CONTRACTOR will reimburse the State for the purchase price of any goods removed pursuant to option (c).
OWNERSHIP OF DATA
All data and other records entered into any database of the State or supplied to the CONTRACTOR by the State are, and shall remain, the sole property of the State.
CONTRACTOR shall not: copy or use such records without the State's written consent except to carry out contracted work, transfer such records to any other party not involved in the performance of this Agreement; and will return submitted records to the State upon completion of the work hereunder.
FORCE MAJEURE
CONTRACTOR shall not be liable for any damages resulting from any delay in delivery, or failure to give notice of delay, which directly or indirectly results from the elements, acts of God, delays in transportation, or delays in delivery by any cause beyond the reasonable control of the CONTRACTOR. The delivery schedule shall be extended by a period of time equal to the time lost because of such delay.
TAXES
Prices are to be exclusive of all sales, use, and like taxes. Any tax CONTRACTOR may be required to collect or pay upon the sale, use or delivery of the products shall be paid by the State, and such sums shall be due and payable to the CONTRACTOR upon acceptance. Any personal property taxes levied after delivery shall be paid by the State. It shall be solely the State's obligation, after payment to CONTRACTOR, to challenge the applicability of any tax by negotiation with, or action against, the taxing authority. CONTRACTOR agrees to refund any tax collected which is subsequently determined not to be proper and for which a refund has been paid to CONTRACTOR by the taxing authority.
In the event that the CONTRACTOR fails to pay, or delays in paying, to any taxing authorities, sums paid by the State to CONTRACTOR, CONTRACTOR shall be liable to the State for any loss (such as the assessment of additional interest) caused by virtue of this failure or delay.
Taxes based on Contractor’s net income or assets shall be the sole responsibility of the CONTRACTOR.
WAIVERS
No waiver of right, obligation, or default shall be implied, but must be in writing, signed by the party against whom the waiver is sought to be enforced. One or more waivers of any right, obligation, or default shall not be construed to waive any subsequent right, obligation, or default.
GOVERNING LAW
Contractor consents to be governed by Section 11-35-4230 of the South Carolina Code of Laws and agrees that Section 11-35-4230 applies to and governs the Agreement. Contractor waives any objection it may have now or hereafter to the administrative process required by Section 11-35-4230. To the extent that Section 11-35-4230, by its own terms, does not govern a claim or controversy arising out of or relating to the Agreement, Contractor agrees that any suit, action or proceeding arising out of or relating to the Agreement shall be instituted and maintained only in a state or federal court located in Richland County, State of South Carolina. Notwithstanding any other agreement between Contractor and the State, the Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, and any suit, action or proceeding arising out of or relating to the Agreement shall be governed by the laws of the State of South Carolina. Contractor agrees that any act by the State regarding the Agreement is not a waiver of either the State’s sovereign immunity or the State’s immunity under the Eleventh Amendment of the United State’s Constitution. As used in this paragraph, the term “Agreement” means any transaction or agreement arising out of, relating to, or contemplated by this solicitation. As used in this paragraph, the phrase “the State” includes any governmental entity transacting business with Contractor pursuant to the Agreement and the South Carolina Budget & Control Board.
SEVERABILITY
In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force.
UNIFORM COMMERCIAL CODE
The applicable provisions of the Uniform Commercial Code shall govern this contract.
RECORDS RETENTION & RIGHT TO AUDIT
The State shall have the right to audit the books and records of the CONTRACTOR as they pertain to this contract, both independent of and pursuant to, S.C. Code Section 11-35-2220. Such books and records shall be maintained for a period of three (3) years from the date of final payment under the contract or the termination of contract, whichever is later.
The State may conduct, or have conducted, performance audits of the CONTRACTOR. The State may conduct, or have conducted, audits of specific requirements of this RFP (i.e., application development cost), as determined necessary by the State.
Pertaining to all audits, CONTRACTOR shall make available to the State access to its computer files containing the history of contract performance and all other documents related to the audit. Additionally, any software used by the CONTRACTOR shall be made available for auditing purposes at no cost to the State.
APPROVAL OF PUBLICITY RELEASES
The CONTRACTOR shall not have the right to include the State's name in its published list of customers, without the prior approval of the State. With regard to news releases, only the name of the State and the type and duration of contract may be used, and then only with prior approval of the State. The CONTRACTOR agrees not to publish or cite in any form any comments or quotes from State agency staff. The CONTRACTOR further agrees not to refer to the award of this contract in commercial advertising in such a manner as to state or imply that the products or services provided are endorsed or preferred by the State.
AFFIRMATIVE ACTION
CONTRACTOR shall comply with all federal and state requirements concerning fair employment and employment of the handicapped, and concerning the treatment of all employees, without regard to, or discrimination by reason of, race, color, religion, sex, national origin, or physical handicap.
LATENT DEFECTS
Contractor warrants that upon notification by the State, as set forth in Section 11-35-4230(2) of the SC Consolidated Procurement Code, of a latent defect in design, material or workmanship, or a latent nonconformity of the services, material, or equipment to the specifications, which would have constituted a basis for rejection if discovered prior to acceptance, it will repair or replace or otherwise correct the defect to the level of performance specified in this RFP.
INDEMNIFICATION
The State of South Carolina, its officers, agents, and employees shall be held harmless from liability from any claims, damages, and actions of any nature arising from the use of any materials furnished by the Contractor, provided that such liability is not attributable to negligence on the part of the using agency or failure of the using agency to use the materials in the manner outlined by the Contractor in descriptive literature or specifications submitted with the Contractor’s proposal.
LIABILITY FOR DAMAGES
CONTRACTOR will not be liable for any damages resulting from loss of data or use, lost profits, or any incidental or consequential damages unless said damages are the result of the CONTRACTOR’S negligence or willful misconduct.
The State will not be liable for any damages to the CONTRACTOR resulting from loss of data or use, lost profits, or any incidental or consequential damages unless said damages are the result of the State’s gross negligence or willful misconduct.
CONTRACTOR will be liable for damages resulting from personal injury or property damage caused by CONTRACTOR’S negligence or intentional harm.
COMPLIANCE WITH STATUTES
During the term of the contract, it shall be the Contractor's responsibility to ensure compliance with all applicable provisions of laws, codes, ordinances, rules, regulations, and tariffs.
INSURANCE
CONTRACTOR shall maintain, throughout the performance of its obligations under this Agreement, a policy or policies of Worker's Compensation insurance with such limits as may be required by law, and a policy or policies of general liability insurance insuring against liability for injury to, and death of, persons, and damage to, and destruction of, property arising out of, or based upon, any act or omission of the CONTRACTOR or any of its subcontractors or their respective officers, directors, employees or agents. Such general liability insurance shall have limits sufficient to cover any loss or potential loss resulting from this contract.
LICENSES AND PERMITS
During the term of the contract, the Contractor shall be responsible for obtaining, and maintaining in good standing, all licenses (including professional licenses, if any), permits, inspections and related fees for each or any such licenses, permits and /or inspections required by the State, county, city or other government entity or unit to accomplish the work specified in this solicitation and the contract.
RISK OF LOSS
The CONTRACTOR shall assume all risk of loss, and shall maintain insurance coverage on all items installed, up to the time of final acceptance.
TAX CREDIT AVAILABILITY
CONTRACTORS interested in income tax credit availability by subcontracting with certified minority firms should contact the Office of Small and Minority Business Assistance.
CONTRACTOR SOLELY RESPONSIBLE FOR PERFORMANCE
The STATE will rely upon the CONTRACTOR for full, complete, and satisfactory performance under the terms and conditions of this agreement.
If the CONTRACTOR'S services provided for hereunder include services, equipment, or materials supplied by a subcontractor, the CONTRACTOR must act as the prime CONTRACTOR for these items and assume full responsibility for performance hereunder. The CONTRACTOR will be considered the sole point of contact with regard to all situations, including payment of all charges and the meeting of all other requirements.
NON INTERFERENCE
In the event CONTRACTOR is unable for any reason to provide any material, services, supplies, products or other items of any type or variety to the STATE under this agreement, including but not limited to any such materials, services, supplies, etc. available from any other party (such as subcontractors) supplying said materials, services, etc. to CONTRACTOR, the STATE will have the right to deal directly with the other supplier without penalty or interference from CONTRACTOR.
SUBCONTRACTORS
Subcontractors are subject to same terms and conditions of this agreement as the CONTRACTOR.
ASSIGNMENT
No contract or its provisions may be assigned, sublet, or transferred without the written consent of the Office of the State CIO.
ITEM SUBSTITUTION
No substitutes will be allowed on purchase orders received from agencies without permission of the Office of the State CIO.
CONTRACT AMENDMENTS, MODIFICATIONS & CHANGE ORDERS
Any change orders, alterations, amendments or other modifications hereunder shall not be effective unless reduced to writing and approved by the Buyer responsible for this solicitation and the CONTRACTOR. All questions, problems, or changes arising after award of this contract shall be directed to the Buyer responsible for this solicitation, at 1201 Main Street, Suite 820, Columbia, SC 29201.
COST SECTION CERTIFICATION
I hereby certify that the price included in this proposal is accurate and binding, and that all costs are shown and accurately reflect my total proposal cost.
YEAR 2000 WARRANTY
CONTRACTOR represents and warrants that the products are designed to be used prior to, during, and after the calendar year 2000 A.D., and that the products will operate during each such time period without error relating to date data, specifically including any error relating to, or the product of, date data which represents or references different centuries or more than one century.
3.0 Special Terms and Conditions
TERM CONTRACTS
Type of Contract
An term contract or contracts will be awarded by the Information Technology Management Office (ITMO) for the period indicated and in accordance with the provisions and conditions of this solicitation. Purchases by local public procurement units are optional.
Volume
The total quantity of purchases of any individual item on the contract is not known. The ITMO does not guarantee that the State will buy any specified item or total amount. The omission of an estimated purchase quantity does not indicate a lack of need but rather a lack of historical information.
Term of Contract/Option to Renew
The initial term of this agreement is one (1) year from the effective date as stated on the award document. Unless terminated by either party at the end of the initial term, at the end of successive “contract” terms, or as otherwise allowed within this document (see termination clause), the contract will automatically extend at the prices, terms and conditions approved by the ITMO. Said extensions may be less than, but will not exceed, four (4) additional, one-year periods.
Prices
Prices under this contract are “not to exceed” prices. State agencies are not authorized to pay more than the stated price. CONTRACTORS may offer, and agencies may accept prices below those listed on the contract.
Price Adjustment
Any request for price increase must be submitted to the ITMO at least ninety (90) days prior to the requested date for the increase. Price increases will only become effective if agreed to, in writing, by the ITMO.
High Volume Purchases
The State reserves the right to procure separately, on the open market, its requirements for large quantities, research and development projects, and special projects.
Termination by State
Notice of Termination
In the event of any termination of the contract, the State shall give notice of such termination in writing to the contractor. Notice of termination will be sent by certified mail, return receipt requested.
Termination for Non-Appropriations
Funds for this contract are payable from state and/or federal appropriations. In the event no funds or insufficient funds are appropriated and budgeted in any fiscal year for payments due under this contract, the State shall immediately notify contractor or its assignee, of such occurrence, and this contract shall create no further obligation of the State as to such current or succeeding fiscal year, and shall be null and void, except as to the portions of payments herein agreed upon for funds which shall have been appropriated and budgeted. In such event, this contract shall terminate on the last day of the year for which appropriations were received without penalty or expense to the State of any kind whatsoever. After such termination of this contract, the State shall have no continuing obligation to make purchases under this contract. No right of action or damages shall accrue to the benefit of the contractor or its assignee as to that portion of this contract, which may so terminate.
Insolvency
This contract is voidable and subject to immediate termination by the State upon the contractor’s insolvency, including the filing of proceedings in bankruptcy.
Termination for Convenience
This contract may be terminated for any reason by the ITMO providing a 30 day advance notice, in writing, is given to the contractor. In the event that this contract is terminated or canceled upon request and for the convenience of the State without thirty (30) days advance written notice, then the State shall negotiate reasonable termination costs, if applicable.
Termination for Cause
This contract may be canceled and terminated by the State at any time within the contract period whenever it is determined by the State that the contractor has materially breached or otherwise materially failed to comply with its obligations hereunder. The State will not be liable for any termination costs; the thirty (30) days advance notice requirement is waived.
Contract Violation
Vendors who violate this contract will be considered in breach and subject to cancellation for cause. Vendors may be suspended or debarred from doing business with the State. Examples of vendor violations include, but are not limited to:
Vendor adding items to the contract without approval,
Vendor increasing contract price without approval,
Vendor making any change to a contract page without approval,
Misrepresentation of the contract to any using governmental entity.
Orderly Transfer of Materials
Upon termination of the contract for any reason, the State shall have the right, upon demand, to obtain access to, and possession of, all State properties, including, but not limited to, current copies of all State application programs and necessary documentation, all files, intermediate materials and supplies held by the contractor.
Termination by Contractor
Requests for termination of this contract by the contractor must be received in writing by the ITMO at least ninety (90) days before the requested contract termination date.
SOFTWARE LICENSES
PROPRIETARY SOFTWARE
Proprietary software is non-custom written, non-made for hire computer software supplied by the CONTRACTOR and documentation used to describe, maintain and use the software.
License
The State is hereby granted a non-exclusive, fully paid perpetual license to use the proprietary software acquired hereunder.
Title
Title to any proprietary software provided by the Contractor to the State will remain with the Contractor.
Trade Secrets
The State agrees that the proprietary software is a trade secret of the CONTRACTOR. The State agrees to take reasonable precautions to protect the trade secret nature of the proprietary software and to prevent its disclosure to unauthorized personnel. The license herein granted cannot be transferred, assigned, or made available by the State for use by any other individual, firm, partnership, or legal entity not affiliated, associated, or connected with the State without the prior expressed written consent of the CONTRACTOR, which consent will not be unreasonably withheld. Such transfer shall also be conditioned upon the execution by the transferee of a written declaration agreeing to be bound by the terms and conditions of confidentiality provided for in this section.
Source Code
Source code includes files used by assembly, basic, c or other language compatibles to produce object modules for linkage into applications programs. The source code media will contain source code, files for compiling and linking software, and any other files and documentation available in machine-readable form to facilitate compiling and linking the code.
In the event the CONTRACTOR, at any point during the continued installation and operation of the products acquired under this contract, discontinues the conduct of business, or for any reason fails to continue to support its proprietary software, it will either make provision for the continued support under the same terms and conditions or provide the State with a copy of the source code for said proprietary software, at no expense to the State.
Export Control
The State acknowledges that the products acquired hereunder may be licensable by the U. S. Government. It further acknowledges that a valid export license must be obtained from the Department of Commerce prior to export of said products.
CUSTOMIZED SOFTWARE
Customized software is made-for-hire, custom written and customer specific software or customizations to proprietary software developed for the State by CONTRACTOR and documentation used to describe, maintain and use the software.
Title
Title to the customized software vests in the State as set forth herein. Contractor shall thereafter have no right, title or interest in any customized software. As herein used, title includes providing to the State all intellectual elements of the customized software including, but not limited to, developmental work product, notes, object and source codes, documentation, and any other items which would aid the State in understanding, using, maintaining, and enhancing said customized software.
Software Tools
The CONTRACTOR shall provide to the STATE, simultaneous with its initial installation, and any subsequent enhancements, upgrades, fixes, etc., software tools (including, but not limited to compilers, editors, etc.) that the STATE would require to maintain or enhance the customized software. The price for said tools and the cost to train State personnel to maintain and/or to enhance the customized software shall be noted separately and included in the CONTRACTOR'S cost proposal submitted to the State in response to the State's solicitation.
RFP Costs
The OFFEROR will bear all costs associated with the preparation of the proposal. In the event of any travel, the STATE will pay its own travel and subsistence expenses if they are incurred by STATE employees, and all expenses incurred by the OFFEROR are the responsibility of the OFFEROR.
Performance Bond
The CONTRACTOR should furnish within ten (10) calendar days after written notice of award a performance bond. CONTRACTOR should provide and pay the cost of the performance bond. The performance bond should be issued by a surety company licensed in South Carolina, with an "A" minimum rating of performance as stated in the most current publication of "Best's Key Rating Guide, Property Liability" which should show a financial strength of at least five (5) times the bond amount. The bond should be accompanied by a "Power of Attorney" authorizing the attorney-in-fact to bind the surety and certified to include the date of the performance bond.
The performance bond should be equivalent to 10% of the fixed price of the contract or $50,000.00 whichever is greater and should be made payable to ITMO. The performance bond may be in the form of a cashier's check, a certified check, or a surety bond. The bond should specifically refer to this contract and should bind the surety to all of the terms and conditions of this contract, whether or not the particular term or condition is performed by the CONTRACTOR or any particular subcontractor. The bond should be in effect throughout the life of the contract, including any option years.
Any change in work, extension of time, or termination of this contract, if any, made pursuant to this contract, should in no way release the CONTRACTOR or any of its sureties from any of their obligations. Such bond should contain a waiver of notice of any changes to this contract.
The performance bond should be forfeited under the following circumstances:
If the CONTRACTOR is terminated during the contract life for any reasons stated in the Termination by the STATE section of this contract, except for Non-Appropriations or Termination for Convenience, or if the CONTRACTOR's failure to supply and apply additional resources to the effort thereunder would foreseeably result in a breach of this contract;
If the CONTRACTOR is terminated during the contract life for bankruptcy.
Prior to the acceptance of the performance bond, the STATE reserves the right to review the bond and require the CONTRACTOR to substitute an acceptable bond in such form as the STATE may require. Notwithstanding any other provisions relating to the beginning of the term, this contract will not become effective until the performance bond required by this contract delivered in the correct form and amount to the ITMO at the address listed in the cover letter.
Nothing herein should be construed to mean that the performance bond provided for in this section is exclusive or constitutes any limitation or restriction on any or all remedies to which the STATE may be entitled.
Award
The Award will be made to the responsive and responsible OFFEROR whose proposal is determined in writing to be the most advantageous to the STATE, by taking into consideration price and the evaluation of factors set forth in the request for proposal. No other factors or criteria may be used in the evaluation and there should be adherence to any weightings specified for each factor in the RFP. However, the right is reserved to reject any and all proposals received and in all cases, the STATE will be the sole judge as to whether an OFFEROR's proposal has or has not satisfactorily met the requirements of the RFP as governed by the S.C. Consolidated Procurement Code and Regulations.
Right of Non-Commitment or Rejection
This solicitation does not commit the STATE of South Carolina to award a contract, to pay any costs incurred in the preparation of a proposal, or to procure or contract for articles of goods or services. The STATE reserves the right to accept or reject any or all proposals received as a result of this request, or to cancel in part or in its entirety this solicitation if it is in the best interest of the STATE to do so. It is understood that proposals will become part of the STATE's official procurement files. Retention of these proposals does not obligate the STATE to take any action. The STATE further reserves the right to accept the proposal which offers the best value to the STATE.
Conflict of Laws
The CONTRACTOR agrees to comply with all state and federal laws, regulations and policies as they exist or as amended that are or may be applicable to this Contract, including those not specifically mentioned in this section. Any provision of this Contract which is in conflict with Federal Statutes, regulations, or HCFA policy guidance is hereby amended to conform to the provisions of those laws, regulations, and Federal policy. Such amendment of the Contract will be effective on the effective date of the statutes, regulations, or policy statement necessitating it, and will be binding on the parties even though such amendment may not have been reduced to writing or formally agreed upon and executed by the parties.
3.1 Special Instructions to Offerors
MULTI-AGENCY TERM CONTRACT
Below is a list of State agencies that could potentially use this contract. Additional agencies may be included as they become known. Level of services needed may vary by agency and by the degree that HIPAA affects their daily operations. Being qualified to participate in this process does not guarantee the Contractor any amount of work during the life of the contract.
• Department of Health and Human Services
• Department of Social Services
• Department of Mental Health
• Department of Health and Environmental Control
• SC Worker’s Compensation Commission
• Department of Disabilities and Special Needs
• Governor’s Office
• Department of Juvenile Justice
• Department of Alcohol and Other Drug Abuse Services
• SC Commission for the Blind
• Department of Corrections
• Department of Insurance
• Medical University of South Carolina
• Department of Vocational Rehabilitation
Optional
Guidelines for Submission of Proposals on Optical Storage Media
Offeror may submit responses to this Request for Proposals (RFP) saved in Microsoft Word Office 97 on separate Compact Disk (CD), recorded in CD-R format.
Other formats such as CD-RW, DVD-ROM, DVD-RAM, or DIVIX are not acceptable and will result in the Offeror's proposal being rejected.
Offeror may submit its response on multiple CD sets so long as each CD in the set is appropriately identified as to its relationship to the set (e.g. 1 of 3).
A textual response must be included on the CD-R that provides the Offeror's response to each requirement in the RFP. Textual responses must be in Microsoft Word Office 97 format.
Business Proposals or cost proposals must be submitted on a separate CD-R or in a separate, password protected, folder. If the folder option is selected, the folder must be read password protected and the password included in the cover letter referenced below.
Submission must be accompanied by a cover letter in hard copy signed by someone authorized to bind the Offeror and indicating the Offeror's intent to be bound by the contents of its submission.
IMPORTANT NOTICE
APPLIES TO NONRESIDENTS ONLY
BIDDER/OFFEROR: S.C. WITHHOLDING TAX AMENDMENTS
CODE SECTION 12-9-310(A)(2)(3)
Effective July 1, 1994, Section 49, Appropriations Bill, Part II Amended The Above-Referenced Code Section To Eliminate Withholding From Payments To Nonresident Contractors And Rental Recipients If The Nonresident Is Registered Or Registers With The S.C. Department Of Revenue or The S.C. Secretary of State's Office. The Nonresident Must Provide An Affidavit To Whomever They Are Contracting With To That Effect.
The Affidavit Will Be Retained By The Entity Or Person Letting The Contract To The Nonresident. In The Absence of an Affidavit Being Provided, Withholding Will Be Required (Contracts--2%, Rental Or Royalty Recipients--7% For Corporations, Or 5% For Individuals And Partnerships).
The Filing Of The Affidavit Affirming Registration By The Nonresident Eliminates The Requirement To Withhold By Those Letting Contracts To Nonresident As Well As The Posting Of The Surety Bond By The Non Resident. Enclosed Is An Affidavit And Instructions To Be Used When Contracting With Nonresidents.
Forms To Register For All Taxes Administered By The South Carolina Department Of Revenue May Be Obtained By Calling The License And Registration Section At 803 898-5872 Or Writing The S.C. Department Of Revenue, Registration Unit, Columbia, S.C. 29214-0140.
Instructions - Nonresident Taxpayer Registration Affidavit
Requirements To Make Withholding Payments: Code Section 12-9-310 (A) (3) Requires Persons Hiring Or Contracting With A Nonresident Taxpayer To Withhold 2% Of Each Payment Made To The Nonresident Where The Payments Under The Contract Exceed $10,000.00 In Any One Calendar Year.
Code Section 12-9-310 (A)(2) Requires Persons Making Payment To A Nonresident Taxpayer Of Rentals Or Royalties At A Rate Of $1,200.00 Or More A Year For The Use Of Or For The Privilege Of Using Property In South Carolina To Withhold 7% Of The Total Of Each Payment Made To A Nonresident Taxpayer Who Is Not A Corporation And 5% If The Payment Is Made To A Corporation.
Purpose Of Affidavit: A Person Is Not Required To Withhold Taxes With Regard To Any Nonresident Taxpayer Who Submits An Affidavit Certifying That It Is Registered With The South Carolina Secretary Of State Or The South Carolina Department Of Revenue.
Term And Duration Of Affidavit: It Is Recommended That An Affidavit Be Obtained From A Nonresident Taxpayer For Each Separate Contract Or Agreement. Otherwise, The Affidavit Submitted By A Nonresident Tax Payer Shall Remain In Effect For A Period Of Three (3) Years, Or For A Lesser Time If The Person Earlier Receives Notice Of Revocation Of Exemption From Withholding From The S.C. Department Of Revenue.
STATE OF SOUTH CAROLINA, DEPARTMENT OF REVENUE (I-312)
THIS AFFIDAVIT APPLIES TO NONRESIDENTS ONLY
Nonresident Taxpayer Registration Affidavit, Income Tax Withholding
The Undersigned Nonresident Taxpayer On Oath, Being First Duly Sworn, Hereby Certifies As Follows:
1. Owner, Partner(s) Or Corporate Name Of Nonresident Taxpayer:
___________________________________________________________________________________
2. Trade Name (Doing Business As):_____________________________________________________
3. Mailing Address:___________________________________________________________________
__________________________________________________________________
4. Federal Identification Number: _______________________________________________________
5. _________ Hiring Or Contracting With:
Name: _________________________________________________________________
Address: _______________________________________________________________
__________ Receiving Rentals Or Royalties From:
Name: _________________________________________________________________
Address: _______________________________________________________________
6. I Certify That The Above Named Nonresident Taxpayer Is Currently Registered With:
(Check Appropriate Box):
( ) The South Carolina Secretary Of State Or
( ) The South Carolina Department Of Revenue
Date Of Registration____________________________________________________________
7. I Understand That By This Registration, The Above Named Nonresident Taxpayer Has Agreed To Be
Subject To The Jurisdiction Of The S.C. Department Of Revenue And The Courts Of South Carolina
To Determine Its South Carolina Tax Liability, Including Estimated Taxes, Together With Any
Related Interest And Penalties.
8. I Understand The South Carolina Department Of Revenue May Revoke The Withholding Exemption
Granted Under Code Section 12-9-310 At Any Time It Determines That The Above Named
Nonresident Taxpayer Is Not Cooperating With The Department In The Determination Of Its Correct
South Carolina Tax Liability.
The Undersigned Understands That Any False Statement Contained Herein Could Be Punished By Fine, Imprisonment Or Both.
_____________________________________________________________(Seal) _________________
(Signature Of Owner, Partner Or Corporate Officer Date
If Corporate Officer State Title:__________________________________________________________
__________________________________________________________
(Name - Please Print)
4.0 EVALUATION CRITERIA
Evaluation Process
The initial evaluation of this RFP will be for Criteria B only. The scores for this criterion will remain in the ITMO office and will not be released as public information since no award has been made at this time. When a State agency determines that the services of this RFP are needed, ITMO will issue an amendment to Contractors on the Contractor Selection Roster. The Contractors will submit a preliminary plan based on the requirements stated in this RFP and in the requesting agency's workplan. The responses will be evaluated by the agency using Criteria A, Technical Proposal and Criteria C, Cost Proposal. ITMO will tabulate the panel’s scores and add them to Criteria B for an overall total score. ITMO will determine the highest scoring Contractor and issue a statement of award or intent to award as required by the State Procurement Code. This process will be followed for all agency requests.
1st Each response will be reviewed to determine if it meets the minimum contractual and technical RFP requirements. Any proposal failing to meet these requirements will be deemed non-responsive and eliminated from further consideration.
2nd Each proposal that is, in the opinion of the State, in full compliance with the mandatory requirements of the RFP will be evaluated based on the process stated above.
A. TECHNICAL PROPOSAL 50 Points
Offeror's description of the method and means that will be deployed to undertake and successfully complete, in a timely fashion, the requirements stated in this RFP and the agency workplan. Factors, which will be evaluated, include the Offeror's understanding of the State's needs and the thoroughness of the proposal, the Offeror's insight into the complexities and available appropriate solutions, the Offeror's apparent familiarity with the operating and other environmental factors.
B. PAST PERFORMANCE AND QUALIFICATIONS 25 Points
1. Offeror's experience with project of similar size and scope as demonstrated by project descriptions, references and other documentation.
2. Qualifications as demonstrated by offeror's financial statements, organization, staffing, proposed personnel and any other resources available to support this project.
C. COST PROPOSAL 25 Points
Total Cost based on prices provided in Attachment A, Cost Sheet.
5.0 SCOPE OF PROPOSAL AND BACKGROUND INFORMATION
5.1 Introduction
The Information Technology Management Office (ITMO) issued a Request for Qualifications (RFQ) in March 2001, with an opening date of April 10, 2001. Through the RFQ evaluation process, your company qualified to receive a copy of this Request for Proposal (RFP). The scope of services for this undertaking is as set out in the RFQ. Generally, the purpose is to provide assistance to state agencies in complying with the Health Insurance Portability and Accountability Act (HIPPA). Please note that the description and explanation of the HIPAA Act listed in this RFP is provided based on the state's understanding of the "Act" at this time and does not take precedence over the actual "Act". Requirements stated herein are not to be considered complete or all-inclusive, and the State and Contractors will be bound by the actual "Act".
On August 21, 1996, President Clinton signed HIPAA into law. Title I of the Act mandates the issuance of certificates of coverage. Title II of the Act, Administrative Simplification, is designed to reduce the costs and administrative burdens of healthcare and benefit providers of healthcare, beneficiaries of healthcare, and healthcare payers. These provisions mandate national standards regarding code sets, transactions, privacy, security, identifiers, and claim attachments to gain simplification and cost savings in the health insurance industry.
The Federal Government enacted HIPAA to:
▪ Improve portability and continuity of health insurance coverage in the group and individual markets,
▪ Facilitate uniform electronic commerce and electronic data interchange (EDI)
▪ Reduce waste, fraud and abuse in health insurance and health care delivery,
▪ Guarantee security and privacy of health information, and
▪ Simplify the administration of health insurance.
HIPAA affects all health plans, health care clearinghouses, and service providers who submit or receive health care transactions electronically. In the regulations, these organizations are referred to as covered entities. Once the final rules are published, covered entities have 24 months to become compliant (36 months for small plans and providers) following a 60-day ruling period.
There are four separate areas of regulations within HIPAA: Electronic Transactions, Privacy of Individually Identifiable Health Information, Security and Electronic Signatures, and Unique Identifiers for Providers and Employers. 45 CFR Parts 160 and 162, “Standards for Electronic Transactions” and 45 CFR Parts 160 and 164 “Standards for Privacy of Individually Identifiable Health Information” are the only regulations at this time that have been finalized. A Notice of Proposed Rule Making (NPRM) for Security and Electronic Signatures and National Standards for Unique Provider and Employer Identifiers have been published. Both proposed and finalized regulations should be considered at this time.
5.2 Electronic Transactions and Code Sets
5.2.1 Electronic Transactions - HIPAA Regulations call for the standardization of electronic health, administrative and financial data and for this data to be transmitted in the ANSI X12 and NCPDP formats. The regulations also require that only designated standard code sets be transmitted in these formats.
The required standards for the X12N environment includes the implementation of the following formats for the specified transactions:
▪ Healthcare Claims/ Encounter (837) - For Dental, Institutional, and Professional Claims
▪ Enrollment and Disenrollment (834)
▪ Eligibility, Benefits, and Coverage (270, 271)
▪ Healthcare Payment and Remittance Advice (835)
▪ Health Plan Premium Payments (811, 820)
▪ First Report of Injury (148)
▪ Health Claim Status (276, 277)
▪ Referral and Authorization (278)
5.2.2 Pharmacy Claims
The final standards for electronic healthcare transactions adopt the National Council for Prescription Drug Program (NCPDP) Telecommunication Standard Format, Version 5.1 and the NCPDP Batch Standard, Version 1 Release 0 for pharmacy claims.
5.2.3 Code Sets/Data Elements
HIPAA defines specific code sets for encoding data elements (medical diagnosis codes, medical procedure codes, tables of terms and medical concepts) that are to be utilized with the X12 formats named above. These code sets include:
•ICD-9-CM
•CPT-4
•National Drug Codes (NDC)
•Code on Dental Procedures and Nomenclature
•Health Care Financing Administration Common Procedure Coding System (HCPCS)
5.3 Privacy of Individually Identifiable Health Information
The Privacy regulations are designed to work with the proposed Security regulations of HIPAA. Together, these regulations are intended to provide consumers the following areas of protection on individually identifiable health information in written, electronic and oral formats:
▪ Allows for consumer control over health information
▪ Establishes boundaries on medical record use and release
▪ Ensures the security of personal health information
▪ Establishes accountability for medical records use and release
▪ Balances public responsibility with privacy protections
▪ Preserves existing strong state confidentiality laws.
5.4 SECURITY
The security standards of HIPAA require that all entities involved in storing, transmitting, or otherwise communicating health data must be secure and that the entity must assess its vulnerabilities and maintain appropriate security measures. The measures must be documented and kept current. Specific requirements of the Security proposed rules to guard data integrity, confidentiality, and availability fall into four key categories. These categories include:
5.4.1 Administrative Procedures – These procedures include documented formal practices to manage the selection and implementation of security measures to protect data and the conduct of personnel in relation to the security of data.
5.4.2 Physical Safeguards – These safeguards relate to the actual physical safeguards being used to protect the computer systems from natural hazards, environmental hazards, as well as intrusion. These safeguards would also include the use of locks, keys and administrative measures to control access to facilities as well as computer systems.
5.4.3 Technical Security Services – Security measures put in place to protect and to control and monitor information access.
5.4.4 Technical Security Mechanisms – Mechanisms put in place to prevent unauthorized access to data that is transmitted over a communications network.
5.5 UNIQUE IDENTIFIERS
The proposed guidelines for unique identifiers suggests that all health plans, healthcare clearinghouses, and any healthcare providers that transmit data in electronic form must adhere to the regulatory requirements proposed in the National Healthcare Provider Identifier. Listed below are some of the primary applications for the unique identifiers and how they could be utilized:
5.5.1 By health care providers to identify themselves in health care transactions identified in HIPAA or on related correspondence;
5.5.2 By health care providers to identify other health care providers in health care transactions or on related correspondence;
3. By health care providers on prescriptions (however, the NPI could not replace requirements for the Drug Enforcement Administration number or State license number);
4. By health plans in their internal provider files to process transactions and communicate with health care providers;
5. By health plans to coordinate benefits with other health plans;
6. By health care clearinghouses in their internal files to create and process standard transactions and to communicate with health care providers and health plans;
7. By electronic patient record systems to identify treating health care providers in patient medical records;
8. By the Department of Health and Human Services to cross reference health care providers in fraud and abuse files and other program integrity files;
5.5.9 For any other lawful activity requiring individual identification of health care providers, including activities related to the Debt Collection Improvement Act of 1996 and the Balanced Budget Act of 1997.
5.6 CONTRACTOR SELECTION ROSTER
Contractors will be placed on a roster and be eligible to respond to State agency requested services. Being placed on this roster does not guarantee any amount of work during the life of the contract. Contractors may choose not to respond to each and every request.
5.7 Individual State Agency Agreements
State agencies throughout South Carolina will need to be in compliance with the HIPAA Regulations by the deadlines established in the "Act". The STATE expects to meet HIPAA requirements in three succinct parts. These parts include 1) Preliminary Assessment/Assessment, 2) Preliminary Implementation/Implementation and 3) Preliminary Independent Verification & Validation/ Independent Verification & Validation. Each of the stages will build upon each other and ultimately result in each agency affected being in compliance with the regulations mandated in the timeframes established by HIPAA. A request will be released by each affected agency to initiate the launch of each of the stages essential to that agency.
A State agency that desires HIPAA Compliance Services will establish an agreement with one of the Contractors on the Contractor Selection Roster as follows:
1) The agency will notify ITMO that it desires to establish an agreement for HIPAA Compliance Services under this contract by providing ITMO a copy of the agency's workplan;
2) Contractors on the selection roster will be sent a request to provide a preliminary plan, as describe in this RFP, for the requested service;
3) Contractors that choose to respond will be evaluated on their proposed plan and pricing. Only one Contractor will be selected to provide services; and
4) The agency and the Contractor selected to provide the services will finalize the work plan, including the specific services to be performed and, through ITMO, will enter into an agreement for these services.
The State is considered as one entity and each CONTRACTOR is expected to share information ascertained from any and all stages of HIPAA compliance efforts with STATE staff, any additional contractors that may be included in HIPAA compliance efforts for the STATE and any other entities as deemed necessary and appropriate by the STATE. Any confidential information that should not be shared shall be clearly marked as so on any documentation submitted by the CONTRACTOR.
Please note that this RFP covers the scope of services that CONTRACTORS must be capable of and willing to complete. Agencies will specify their needs based upon the contract established between the two entities.
TECHNICAL REQUIREMENTS / SCOPE OF WORK
PART 1 Assessment Project Plan
A. Preliminary Assessment Project Plan - The OFFEROR shall deliver a HIPAA Assessment Project Plan based upon documentation provided by the Agency. The objective of the plan is to provide a clear roadmap of tasks, resources, timing, communications, risks and strategy necessary to assess the agency’s programs, regions and institutions for their readiness to comply with final and proposed regulations in HIPAA. The agency shall approve the Assessment Project Plan before the OFFEROR begins any assessment activity. The Assessment Project Plan shall include, but not be limited to, the following:
1. A description of the assessment objectives and the methodology for meeting these objectives;
2. A list of the OFFEROR’S resources, including quality, skill types and deployment schedule to complete assessment;
3. A list of required resources from the STATE, including quality, skill types and deployment schedule needed to complete assessment;
4. A communication plan to support the assessment effort, containing why, what how, when, and to whom information is to be communicated. Both internal and external stakeholders are to be included in the communication;
5. An approach and plan for transferring knowledge ascertained from the assessment to STATE staff, remediation contractors, and other relevant parties;
6. A description of project management tools that will be used to record, track and report progress on the HIPAA assessment project as detailed in Section 7.1, Required Business Functions DURING ALL Parts OF HIPAA READINESS, the CONTRACTOR; and
7. List and description of assessment tools created or used by the VENDOR.
B. HIPAA Assessment
The actual HIPAA Assessment shall include, but not be limited to the following categories:
Gap Analysis and Impact Reporting
1. Business Process Impact and Gap Analysis Reporting – The CONTRACTOR shall provide an impact and gap analysis of business areas including, but not limited to claims, provider records, recipient records, financial records, referral and authorization processing and clinical systems. This analysis shall also include a high level overview of the impact HIPAA will have on existing Agency projects.
2. Application Impact and Gap Analysis Reporting – The CONTRACTOR shall provide an impact and gap analysis of the following software components and interfaces including;
1. Batch
2. Online and Web-based Applications
3. Ad hoc
4. EDI
5. AVR
6. Third Party, Vendor, and/or Proprietary Software Packages
The analysis shall include a report that identifies a count of data occurrences and gaps for impacted data elements, systems, processes and components.
3. Security and Privacy Impact Analysis Reporting – The CONTRACTOR shall provide an impact and gap analysis for facility management, security administration policies, training, procedures and infrastructure components, compliance and human resources.
4. Third Party Impact and Gap Analysis Reporting – The CONTRACTOR shall provide an impact and gap analysis of the current and planned third party interfaces including, but not limited to, trading partners, and other state agencies. This shall include an inventory of all external agencies and business partners impacted by HIPAA
5. Code Sets and Gap Analysis Reporting – The results from the code set gap analysis shall include:
5.1 A report of any discrepancies discovered as a result of local code variation.
5.2 A recommendation to address the timing issues associated with the implementation of new code set values, replacement of outdated edits and common processing issues and elimination of standard code set overlaps.
5.3 Isolation of system areas impacted and recommendations for renovation alternatives based on the applicability of crosswalks and related alternatives to fully adopting code set standards.
5.4 Recommendations for effective ongoing file and system maintenance.
6. Transaction Sets Impact and Gap Analysis Reporting – To include a gap analysis and impact of and risks associated with implementing ANSI electronic transaction standards listed in 45 CFR Parts 160 and 162, “Standards for Electronic Transactions.”
7. Unique Identifier Impact and Gap Analysis Reporting – A gap analysis and impact of implementing standards for national unique identifiers.
C. Anticipated Assessment Deliverables
Listed below are anticipated outcomes of the assessment process and are expected deliverables at the conclusion of the assessment process. Assessment Deliverables shall include, but not be limited to, the following information:
1. HIPAA Implementation Plan and Budget – The CONTRACTOR shall deliver a high-level project plan including an estimate of the complexity of the project, suggested methodology of implementation, staffing estimate, critical tasks and milestones and a description of the methodology employed to determine these estimates. This document shall be based upon and shall include findings for the multiple analyses conducted in Section 6 Parts 1A and 1B of this RFP.
2. Compliance Recommendations – The CONTRACTOR shall deliver recommendations to meet HIPAA compliance and a supporting analysis for each recommendation. Recommendations should focus on alternatives for bridging compliance gaps, renovation versus replacement considerations, and alternative impact to health care providers, recipients, to the contracted state agency and other state agencies, any additional entity that the STATE interfaces with and any and all trading partners. The analysis shall capture cost of resources, opportunities, risk, and other significant budgetary impacts.
3. Strategic Opportunity Identification – The CONTRACTOR shall deliver an analysis of potential opportunities to align organizational strategic direction and plans with HIPAA mandates and compliance initiatives.
4. Statement of Work – The CONTRACTOR shall deliver a refinement of the project scope resulting in the submission of a final statement of work, which shall list all of the major tasks included in the project, the final cost for completing those tasks, and schedule for completing them.
5. Compliance Strategy Document - The CONTRACTOR shall deliver a strategy document that will identify alternatives and present the recommended HIPAA compliance solutions as well as outline clear priorities for each portion of the strategy.
5.1 The strategy document shall take into consideration any progress made by the Strategic National Implementation Process (SNIP) for the coordination of HIPAA implementation across trading partners.
5.2 The strategy document shall include a risk assessment for the strategies proposed. The risks shall be listed in order of severity and probability.
5.3 A risk management plan shall be provided for each risk including description, description of impact, method of control and risk triggers.
6. HEALTH CARE Provider Outreach Recommendations – The CONTRACTOR shall deliver a strategy document to include a recommended approach for engaging and providing outreach services to outside entities affected by HIPAA who interact with the agency. In many cases, the outside entity affected will include the health care provider community in South Carolina. The strategy document shall include, but not be limited to: communication, education, assessment of HIPAA compliance status, impact to the agency for non-compliant trading partners, and specific actions that will minimize the risks associated with non-compliance for service delivery to the clients served by the agency.
PART 2 IMPLEMENTATION PROJECT PLAN
A. PRELIMINARY IMPLEMENTATION PLAN
Upon completion of the Assessment process, each individual agency will release a more detailed scope of work based upon specific agency needs and expectations to begin the implementation process. OFFERORS shall provide a preliminary implementation plan to each agency based on the expected assessment deliverables outlined in PART 1, Item C of this RFP. The implementation plan shall include, but not be limited to the following information:
1. A list of the OFFEROR’S resources, including quality, skill types and deployment schedule to complete implementation;
2. A list of required resources from the STATE, including quality, skill types and deployment schedule needed to complete assessment;
3. A communication plan to support the implementation effort containing why, what, how, when and to whom information is to be communicated. Both internal and external stakeholders shall be included in the communication;
4. An approach and plan for transferring knowledge ascertained from the implementation process to STATE staff, IV&V contractors, and other relevant parties as deemed necessary by the state;
5. An evaluation of the HIPAA Implementation Plan and Budget including a description of the OFFERORS project management approach, systems development methodology, and detailed acceptance criteria for HIPAA compliance project milestones as detailed in Section 7.1, Required Business Functions DURING ALL Parts OF HIPAA READINESS;
6. Evaluation of the Compliance Recommendations and a detailed analysis of each suggested recommendation and why these recommendations were suggested, positives and negatives of implementation and approximate cost estimates for each recommendation;
7. Evaluation of the Strategic Opportunity Identification and a detailed analysis of the best technology options available to meet the current agency needs and also takes into consideration future needs of the agency;
8. Evaluation of the Compliance Strategy Document identifying the OFFERORS solutions for HIPAA compliance as well as establishing clear priorities for each portion of the strategy;
9. Strategic plan for updating, developing and implementing policies and procedures in accordance with those required by HIPAA in the security and privacy standards. The OFFEROR shall also present a detailed plan on staff training and development of these new/updated policies;
10. A description of the OFFEROR's technical support structure including problem identification and escalation and notification procedures starting with the time a problem is reported, who is consulted, the content of the information provided, and methods of response;
11. A HIPAA compliance definition and checklist. This tool shall use the assessment deliverables in PART 1, Item C of this RFP to identify which portions of the agencies automated systems, polices, and business processes satisfy or do not satisfy the definition of HIPAA compliance.
12. An evaluation of all agency interfaces including, but not limited to, the testing all interfaces specified by the agency to insure critical systems are able to communicate within the agency as well as with third parties.
B. HIPAA IMPLEMENTATION - After the contractor has received written notification from the contracted STATE agency approving the preliminary implementation and any changes agreed upon between the STATE agency and CONTRACTOR plan proposed in Section 7.1, Required Business Functions DURING ALL Parts OF HIPAA READINESS, the CONTRACTOR shall proceed with installing solutions proposed in the PRELIMINARY IMPLEMENTATION PLAN.
C. IMPLEMENTATION DELIVERABLES – Implementation deliverables shall contain:
1. The CONTRACTOR shall deliver a statement of work. This shall be a refinement of the project scope resulting in the submission of a final statement of work, which shall list all of the major tasks included in the project, the final cost for completing those tasks, and schedule for completing them.
2. Each agency will define specific IMPLEMENTATION DELIVERABLES based upon the completion and approval of the preliminary work plan.
PART 3 INDEPENDENT VERIFICATION AND VALIDATION (IV&V)
A. PRELIMINARY IV & V PLAN - Upon completion of remediation, each agency will release an RFP for a vendor to complete Independent Verification and Validation (IV&V) of initiatives employed by previous vendors. Agencies shall specify areas to be verified based on the agencies particular needs. IV&V shall include, but not be limited to, the following specifications:
1. The OFFEROR shall propose a plan to verify the reliability of the technical and non-
technical solutions proposed and implemented by any previous vendors,
2. Include a description of the OFFERORS project management approach, systems development methodology, and detailed acceptance criteria for HIPAA compliance project milestones as detailed in Section 7.1, Required Business Functions DURING ALL Parts OF HIPAA READINESS; and
3. The OFFEROR shall receive written approval from the contracted agency before beginning
work on the technical analysis and validation.
B. IV&V TESTING - The CONTRACTOR shall perform IV&V in accordance with the approved plan. Specific needs will be detailed by the contracting agency.
C. IV&V DELIVERABLES – Deliverables shall be largely based upon the specific needs of the agency requesting services and shall be determined by that requesting agency. IV&V deliverables shall include, but in no way be limited to, the following:
1. The CONTRACTOR shall deliver a report documenting its findings in the review
of the technical analysis and data mapping work.
2. The STATE may request that the CONTRACTOR validate other areas of technical and non-technical implementation and/or remediation efforts as deemed appropriate.
3. The CONTRACTOR shall deliver documentation, where applicable, showing that they have followed and implemented steps outlined and/or proposed by the United States Department of Health and Human Services and/or additional documentation as requested by the STATE.
4. The CONTRACTOR shall deliver a statement of work. This shall be a refinement of the project scope resulting in the submission of a final statement of work, which shall list all of the major tasks included in the project, the final cost for completing those tasks, and schedule for completing them.
7.0 ADDITIONAL TECHNICAL REQUIREMENTS & BUSINESS FUNCTIONS
7.1 Required Business Functions DURING ALL Parts OF HIPAA READINESS
The Contractor shall be expected to perform the following business functions throughout all phases of the HIPAA compliance process:
7.1.1 Project Management – Each CONTRACTOR bears the primary responsibility and accountability for comprehensive project management. The CONTRACTOR shall specify a project management approach that identifies the best method for structuring and tracking the project. The project management approach will include a high-level project plan, an estimate of the complexity of the project, staffing estimate, critical tasks, milestones, time-lines, schedules and estimated costs for each. This shall also include a description of the software used to track the progress of the project.
7.1.1.1 Monthly Statements – Contractor will be expected to submit monthly reports to the contracted agency’s specified agent detailing progress and work accomplished.
7.2 AGENCY WORK PLANS
The successful CONTRACTOR for each part (Assessment, Implementation/Implementation Planning and Independent Verification & Validation) of HIPAA compliance efforts must develop and submit to each State agency a detailed work plan describing the method and means of accomplishing HIPAA compliance efforts requested by that individual State agency. The work plan shall include, but is not limited to, the following:
7.2.1 A description of the approach to the development of data file conversion and mapping routines;
7.2.2 A description of the approach to the development of test plan, test data and test scripts;
7.2.3 A description of the approach to unit, string, system, and acceptance testing;
7.2.4 An explanation of any areas of risk associated with the implementation of the transaction and security standards, and solutions for minimizing such risks;
7.2.5 A description of the use of software tools, other platform usage, and use of offshore resources; and
7.2.6 A description of a plan to test the standard formats with third parties the agency interfaces with, including, but not limited to other state agencies.
7.2.7 Specific Means and Methods: The work plan(s) shall also contain specific means and methods for addressing the following: (1) Testing all interfaces specified by the agency to insure critical systems are able to communicate within the agency as well as with third parties; and (2) Testing and/or debugging of all HIPAA compliance solutions employed.
7.2.8 Reports and Documentation: The work plan will also identify all reports and documentation that will be supplied.
7.2.9 State Agency Resources: The work plan shall also identify any resources to be provided by the State agency including, but not limited to, work space, work stations, time of day requirements, computer availability, and agency personnel requirements including numbers of individuals, qualifications of those individuals, and the amount of time of each individual that will be devoted to and/or required by CONTRACTOR for completion of the contract and warranty.
7.3 Reporting and Approval Process
Standard Contractor requirements for reporting status and obtaining State approvals include the following:
7.3.1 Report of progress against the proposed work plan for each stage of the deliverable;
7.3.2 Updating the project work plan and task schedule weekly;
7.3.3 Delivery of written status reports and updated work plans by a day and time specified by the agency (no more than once weekly;)
7.3.4 Weekly status meetings to discuss project progress with designated state personnel assigned to track the status of the project;
7.3.5 Preparation of an outline and sample contents for each deliverable. Written approval should be obtained from the State before beginning work on the deliverables;
7.3.6 Deliverables shall be submitted in both hard copy and electronic formats. The format shall be specified by the agency;
7.3.7 Contractor may be required to provide a walk through, upon request, of any deliverable prior to submission; and
7.3.8 The STATE shall have 15 business days to review any deliverable submitted by the Contractor. During this time period, the Contractor may not bill the STATE until the STATE has provided signed documentation to the Contractor that the deliverables have been met.
7.4 ACCEPTANCE TESTING
Consistent with the implementation plan agreed to between the parties, and following written notification to the State Agency by the CONTRACTOR that the work is completed, installed, and ready for use, the STATE shall have a period of not less than thirty (30) days in which to thoroughly test and evaluate the product provided by the CONTRACTOR in a nonproduction status, where applicable. Subject to the mutually agreed to (by the STATE and the CONTRACTOR) elements of an acceptance test, the system or product will be considered accepted when it has run for a period of one hundred and twenty (120) consecutive calendar days in a production status without a material breach. If the thirty (30) day acceptance testing is not successfully completed, the STATE reserves the right to either restart acceptance testing for up to two (2) additional thirty (30) day periods (maximum of sixty (60) days) or to reject the system and terminate the contract at the end of any of the acceptance test periods. If the system does not successfully complete the one hundred and twenty (120) day production period following acceptance testing, the same remedies will apply. If the contract is terminated by the STATE due to CONTRACTOR's inability to successfully complete either acceptance testing or for the system to successfully perform for one hundred and twenty (120) days in a production status without material breach, then CONTRACTOR shall be, in addition to all other remedies, responsible for any expense incurred by the STATE to identify and engage the services of a substitute provider (cost of cover) and any other consequences, financial, staff time, or other specific losses, which are the consequence of the system's inability to perform as required.
7.5 PERFORMANCE REQUIREMENTS/WARRANTY/MAINTENANCE
The inability of a system or program to perform in strict accordance with the requirements of this contract attributable to the work performed by the CONTRACTOR will result in a breach of this warranty. In the event of such a breach, CONTRACTOR shall be responsible for: (1) fixing the basis for the breach, at no cost to the STATE, without regard to when the occurrence takes place (even if beyond warranty or maintenance coverage); (2) will reimburse the STATE for any costs incurred as a result of fixing the matter if for any reason the CONTRACTOR is not in a position to do so. This warranty shall include all parts, labor and travel expense to repair and replace defective components or operating capabilities; and (3) CONTRACTOR may/shall be held liable and be subject to civil and/or criminal penalties imposed upon the Agency by Federal entities assigned to regulate the Administrative Simplification provisions of HIPAA if the CONTRACTOR is found to be grossly negligent or unable to establish compliance with HIPAA regulations based on the timelines established for compliance. These monetary penalties may include, but are not limited to those listed in 42 CFR §1176 and §1177 .
7.6 DEMONSTRATION OF NON RESPONSIBILITY FOR BREACH
Upon notice by the STATE to the CONTRACTOR of breach of this warranty, and a description of the basis for the assertion of the breach, the burden will be upon the CONTRACTOR to demonstrate by clear and convincing evidence that they are not responsible for the breach.
7.7 CONFIDENTIALITY CONTRACTS
Due to the nature of work to be completed, CONTRACTORS will have access to confidential data. Each of the CONTRACTORS employees will be required to sign a confidentiality agreement with the agency that it contracts with stating it will not release, disclose, store, furnish, publish, or otherwise disseminate data in any manner which is inconsistent with that which is approved by the contracting agency.
7.8 CONTRACT AMENDMENTS
The individual agencies may chose to negotiate with the CONTRACTOR and add additional items to the scope of work to address additional HIPAA statues as they are finalized. Such an agreement, if negotiated, would be formalized in a contract amendment. The contract may be amended in writing upon mutual agreement of the CONTRACTOR and the STATE to include such additional tasks relevant to the HIPAA project and as determined necessary and in the best interest of the STATE.
7.9 WARRANTY
This warranty shall include all parts, labor, and travel expense to repair/replace defective components. Response to emergency (major) repairs/failures shall be covered by the warranty twenty-four (24) hours a day, seven (7) days a week. Non-emergency (minor) repair response shall be between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, excluding STATE-recognized holidays. The STATE and the STATE alone shall make the determination of what constitutes an emergency and a non-emergency repair/failure. Major repairs/failures shall be responded to by CONTRACTOR within four (4) business hours of notification, and minor repairs shall be responded to within twelve (12) business hours of notification. CONTRACTOR's service personnel must arrive on site or respond remotely within these time frames.
7.10 EQUIPMENT, SERVICES, GOODS AND/OR SUPPLIES PROVIDED
CONTRACTOR also warrants that any equipment, services, goods and/or supplies provided to the STATE as a result of this RFP are first class, comply with all specifications and other terms and conditions herein set forth and further warrants and guarantees that said equipment, services, goods and/or supplies will perform in strict accord with the standards of performance and other terms and conditions as herein specified. Remedies for breach of this warranty shall include those specified and provided for in the Uniform Commercial Code and/or the other provisions contained herein, and all remedies shall be considered cumulative and not exclusive. CONTRACTOR shall be responsible for the full performance hereunder of any subcontractors equipment, services and/or supplies, and the STATE shall solely rely upon said CONTRACTOR for performance.
7.11 QUALITY ASSURANCE
CONTRACTOR shall also designate and describe its method and means of quality assurance including practices of reviewing products and/or services before delivery, installation, or utilization to or by the State agency, including all testing stages, methods, and corrective practices. All testing conducted by the CONTRACTOR prior to turning the product over to the State agency for acceptance testing shall be conducted on site.
7.12 CHANGE ACTIVITY
CONTRACTOR shall also address its change activity/management practices defining which change activity will be provided without extra costs. CONTRACTOR must assume a normal level of change activity will occur during the HIPAA project and for which there will be no additional charge.
7.13 CRITICAL/EMERGENCY PROJECTS
Agencies may require the highest possible degree of safety and assurance that HIPAA requirements will be met without even modest problems. Accordingly, CONTRACTORS are also being requested to submit pricing, as applicable, for critical and/or urgent applications. CONTRACTORS must specify in their proposals what additional steps, procedures, and guarantees will be provided to the State in this category.
7.14 PAYMENT SCHEDULES
A schedule for payments to the CONTRACTOR will be set forth in the detailed work plan, and must be agreed to by the State agency requesting the services. Such payments must be based upon deliverables for the selected points for progress payments.
7.15 PROGRESS PAYMENTS
Progress payments should take into consideration the following elements:
7.15.1 Amount of work completed per payment;
7.15.2 Method and means of verifying that the amount of work has been completed as a condition of payment; and
7.15.3 The work has been performed satisfactorily as a condition of payment.
7.16 MANUALS/DOCUMENTATION
If the installation of software proves to be an effective and/or necessary HIPAA compliance tool, the CONTRACTOR agrees to provide, upon completion of each project, manuals and other documentation containing a description of the software modifications made in satisfying the requirements of the RFP. The CONTRACTOR must provide in both hard copy and electronic format sets of manuals and other documentation to each State agency participating in this solicitation at no additional cost to the STATE.
7.17 TRAINING
The CONTRACTOR must supply initial technical training on the proper use of any software installed as a HIPAA compliance solution. The training shall be sufficient to enable technical individuals designated by the State agency requesting the service to fully understand, test, validate, use tools for, and operate and instruct others as to the features, functions, capabilities and maintenance (e.g. trouble identification) of the software so as to perform all functions effectively and without error. CONTRACTORS must describe in their proposal the type of training that will be provided including general length, content, number of people to be trained, and number of times training will be conducted.
7.18 INTERFACE REQUIREMENTS
The CONTRACTOR shall be responsible for identifying and making known to the STATE any system interface requirements that may be necessary to modify in order to connect and satisfactorily operate the individual agency system with other systems. CONTRACTORS must describe how such interface requirements will be identified and documented, and the information that will be provided to agencies concerning such requirements.
7.19 REPORTS
CONTRACTOR agrees to provide, at no extra charge to the STATE, monthly progress reports for each State agency. These monthly progress reports are due at the times designated by the contracted agency. These monthly progress reports will depict the project's progress in accordance with the contracted agencies specification. This progress report, and the format thereof, shall be designed and mutually agreed upon between the parties but is designed to depict and follow over time the progress, implementation testing and like components of the project.
7.20 RIGHT TO MOVE
The STATE reserves the right to move, without interruption or adverse affect upon warranty coverage, hardware and software including the changes provided for hereunder.
8.0 Proposal Contents
NOTE # 1 Any information contained in a proposal which is proprietary or confidential should be so identified and marked accordingly. By submission of a proposal, it is understood and declared by the OFFEROR that the information so identified and marked contains commercially valuable plans, formulas or processes, generally recognized as confidential or the disclosure of which would actually, or have the tendency to, constitute a commercial disadvantage to the OFFEROR. It is further understood that if a contract is entered into between the STATE and the Offeror, such information will become a matter of public record with the exception of the materials clearly marked proprietary or confidential.
OFFEROR declares that it has reviewed South Carolina Consolidated Code Sections 11-35-410 and 30-4-40 and has designated information as confidential or proprietary in accordance with these provisions.
NOTE #2 OFFEROR's proposal shall be submitted in two (2) parts:
PART 1 TECHNICAL PROPOSAL
PART 2 COST PROPOSAL
8.1 COVER PAGE: Here the OFFEROR is to insert a brief understanding of the services to be provided in this RFP. The cover page is to be signed by an authorized representative of the organization to bind its offer.
8.2 POINT BY POINT RESPONSE:
Here the OFFEROR is to respond to each Section (or subsection thereof) of each Part of this RFP by declaring that it has read the provisions of the Section and agrees to comply therewith and, where appropriate, supply descriptive or narrative information requested in the RFP. All exceptions, deviations and like challenges to the contents must be addressed pursuant to the DEADLINE FOR RECEIPT OF QUESTIONS REGARDING THIS RFP as scheduled in the Key Events Dates of this RFP and will be too late for consideration if included in the Proposal.
8.2.1 SECTION 1, GENERAL INFORMATION AND INSTRUCTIONS TO OFFERORS
8.2.2 SECTION 2, CONTRACTUAL OBLIGATIONS
8.2.3 SECTION 3, SPECIAL TERMS AND CONDITIONS
and 3.1 Special Instructions to Offerors
4. SECTION 4, EVALUATION CRITERIA
5. SECTION 5, SCOPE OF PROPOSAL AND BACKGROUND INFORMATION
8.2.6 SECTION 6, TECHNICAL REQUIREMENTS / SCOPE OF WORK:
8.2.7 SECTION 7, ADDITIONAL TECHNICAL REQUIREMENTS & BUSINESS FUNCTIONS
8.3 REFERENCES
Offeror is to submit at least two (2) references demonstrating past and current work experience, for projects with HIPAA compliance efforts, as described in this RFP (this applies to all subcontractors proposed, if any). Each reference should include:
1. Name and address
2. Contact person
8.3.3 Telephone number
8.3.4 Description of scope of work provided, such as, assessments, solution design, development, training, implementation, IV&V, etc.
8.4 QUALIFICATIONS AND EXPERIENCE
Offeror is to provide the following information: (also for any proposed subcontractors)
1. Name and address of Offeror's Organization ;
8.4.2 Identify contact person, including telephone number & email address;
8.4.3 Length of time company has been in business;
8.4.4 Length of time company has been providing HIPAA compliance services;
8.4.5 Identify location of office that will be supporting the State of South Carolina;
8.4.6 State the number of HIPAA experienced employees that will be available to response to State agencies in South Carolina;
8.4.7 Identify key personnel that will likely be participating in any work assignments made by State agencies; and
8.4.8 Submit a resume and/or detail information showing qualifications for each, including, but not limited to, education, HIPAA compliance experience, healthcare EDI experience, professional experience, professional certification, etc.
8.5 FINANCIAL STABILITY
Offeror is to provide the following information: (also for any proposed subcontractors).
Offeror is to provide financial documents, such as annual reports, tax returns, financial statements, or other documents showing evidence of Offeror's financial stability. Any bankruptcies, defaults, or other conditions impacting financial stability must be disclosed.
8.6 COST PROPOSAL
OFFEROR is to complete and return the enclosed Attachment A, Cost Sheet. This cost will be used to establish the Offeror's Total Cost when responding to an agency's request. Offeror must include all costs associated with providing the services as listed in the Cost Sheet.
COST SHEET
| | |
|Resource Title |Hourly Rate |
| |Year 1 |
|Programmers |$ |
|Technical Writers |$ |
|Documentation Specialists |$ |
|Database Administrators |$ |
|Project Managers |$ |
|Administrators |$ |
|Testers |$ |
|Consultants |$ |
|Trainers |$ |
| | |
| | |
| | |
| | |
| | |
|Conversion Tools |Platform |Tool Cost |CPU Cost |
| | | | |
| | | | |
| | | | |
| | | | |
All travel expenses shall be reimbursed at the established State's Travel & Per Diem Rates at the time of the request. Complete documentation of expenses must be provided with invoices.
|Other Costs (Describe) |
| |
| |
| |
| |
| |
| |
| |
GENERAL INFORMATION AND INSTRUCTIONS TO OFFERORS
PREPARATION OF PROPOSAL
All proposals should be complete and carefully worded and must convey all the information requested by the State. If significant errors are found in the OFFEROR’S proposal, or if the proposal fails to conform to the essential requirements of the RFP, the State, and the State alone, will be the judge as to whether that variance is significant enough to require ITMO to reject the proposal.
RECEIPT OF PROPOSALS: TIMELINESS
State Law requires that a copy of the proposal be submitted to and received by ITMO no later than the date and time specified in this RFP. OFFERORS mailing proposals should allow a sufficient mail delivery period to insure timely receipt (i.e. receipt by that date and time) of their proposals by ITMO. Any proposals received after the scheduled opening date and time will be immediately disqualified in accordance with the S. C. Consolidated Procurement Code and Regulations.
NUMBER OF PROPOSALS TO BE SUBMITTED
Each OFFEROR must submit (as indicated in the Special Instructions to Offerors) the requested number of copies of the proposal. The OFFEROR must mark on the envelope or wrapping containing the proposal the RFP identification number specified in the RFP.
PROPOSALS SIGNED
Unsigned proposals will be rejected. However, an authorized representative present at the proposal opening may provide the needed signature, provided that the discovery is made prior to the reading of the name of the first offeror.
PUBLIC OPENING
ITMO will open all proposals received in response to this RFP publicly at the time and place specified in the schedule of Key Event Dates, and will list, at that time, the name of each OFFEROR and make the list available for public inspection.
FORMAT FOR PROPOSALS
Offerors are to submit proposals in two parts:
The first part is the OFFEROR’S technical proposal. Technical Proposals are to be prepared in a manner designed to provide the State with a straightforward presentation of the OFFEROR’S capability to satisfy the requirements of this RFP. It should be bound in a single volume where practical. All documentation submitted with the proposal should be bound in that single volume where practical. Each response shall clearly indicate whether the OFFEROR’S proposal complies or does not comply with the requirements of this RFP. OFFERORS shall explain in detail the method used to meet each requirement. Elaborate brochures and other promotional materials are not desired. The OFFEROR shall not include any cost information in the Technical Proposal.
The second part is the OFFEROR’S Cost Proposal. The Cost proposal must be bound separately. The OFFEROR shall not include any technical information in the Cost Proposal.
ALTERNATE PROPOSALS
Offerors may submit more than one proposal, each of which must satisfy the requirements of this RFP in order to be considered. The alternative proposal(s): must be labeled “Alternate Proposal”, should address all the requirements of the RFP, or specify those portions that the alternate proposal would address, signifying that all other requirements would be accomplished as set forth in the RFP, and should include a separate cost proposal reflecting the total cost to the State for the alternate proposal.
CONFIDENTIAL INFORMATION
ITMO will not present, or otherwise make available, any documents relating to this procurement to any other person, agency or organization other than those evaluating proposals for purpose of award until notification of intent to award. Commercial or financial information obtained in response to this RFP which is privileged and confidential and clearly marked as such will not be disclosed. Such privileged and confidential information includes information which, if disclosed, might cause harm to the competitive position of the OFFEROR supplying the information. All OFFERORS, therefore, must visibly mark as "CONFIDENTIAL" each part of their proposal which they consider to contain proprietary information.
CONTACT LIMITATION
By submission of a response to this RFP, vendor agrees that during the period following issuance of the proposal and prior to the statement of intent to award, vendor shall not discuss this procurement with any party except members of the ITMO or other parties designated in this solicitation. OFFERORS shall not attempt to discuss or attempt to negotiate with the using Agency, any aspects of the procurement without the prior approval of the buyer responsible for the procurement.
PROPOSAL CONSTITUTES OFFER
By submitting a proposal, the OFFEROR agrees to be governed by the terms and conditions as set forth in this document and any subsequent amendment.
COMPETITION
It is the OFFEROR’S responsibility to advise the Information Technology Management Office if any language, requirements, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source.
OFFEROR’S DUTY TO INSPECT AND ADVISE
Each OFFEROR shall fully acquaint himself with the scope of this RFP. The failure of an OFFEROR to acquaint himself with existing pre-contract conditions or post-contract consequences shall in no way relieve such OFFEROR of any obligation with respect to this proposal or to any contract resulting hereof .
OFFERORS must notify the State of all costs reasonably expected. OFFERORS are notified that their failure to inspect, familiarize themselves with, or otherwise gather information as to the total cost to the State, will, in addition to any and all other remedies available, create cost difference liabilities and claims against the ultimately successful OFFEROR.
QUESTIONS
Every effort has been made to insure that all information needed by the OFFEROR is included herein. If an OFFEROR finds that it cannot complete a proposal without additional information, it may submit written questions to the person designated herein on or before the deadline set forth in the schedule of "Key Event Dates". All questions and written replies will be distributed to all OFFERORS and will be a part of this solicitation .
AMENDMENTS
If it becomes necessary to revise any part of the RFP, ITMO will issue a written amendment. THE STATE SHALL NOT BE LEGALLY BOUND BY ANY INTERPRETATION THAT IS NOT IN WRITING.
OTHER WRITTEN BASIS FOR PROPOSAL
If any of the OFFEROR’S proposal has as its basis written statements (other than the RFP) provided to him by the State (such as notification of a change in the specifications), the OFFEROR is to identify and include those statements in his proposal at the place or places applicable.
NOTICE AND POSTING OF AWARD
Notice of Award or Intent to Award will be posted at 1201 Main Street, Suite 820, Columbia, SC 29201 and at If the total value of the contract resulting from this solicitation is less than $50,000.00, Offerors who desire to receive a copy of the Statement of Award must include a self-addressed stamped envelope. All Offerors will receive a "Statement of Intent to Award" if the total value of any contract resulting is greater than $50,000.00.
RIGHT TO PROTEST
Any prospective bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the solicitation of a contract shall protest to the Chief Procurement Officer within fifteen days of the date of issuance of the Request for Proposals or other solicitation documents whichever is applicable or any amendment thereto, if the Request for Proposal, other solicitation document or amendment is at issue. Any actual bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the intended award or award of a contract shall protest to the Chief Procurement Officer within fifteen days of the date the notification of award or intent to award is posted.
Any protest must be submitted in writing to the Chief Procurement Officer, Office of the State CIO, 1201 Main Street, Suite 820, Columbia, SC 29201, and must set forth the grounds of the protest and the relief requested with enough particularity to give notice of the issues to be decided.
CONTRACTUAL OBLIGATIONS
THE CONTRACT DOCUMENT
Any contract resulting from this solicitation shall consist of the following documents which are listed in order of precedence: (1) any amendment required to resolve any difference between the remaining documents, (2) any amendments to the original solicitation in reverse order of issuance, (3) the solicitation as issued by the Office of the State CIO, (4) any amendments to the successful vendor's proposal accepted by the Office of the State CIO, (5) the successful vendor's proposal.
PURCHASING LIABILITY
The Office of the State CIO is acting under the authority given to it in the Consolidated Procurement Code to procure contracts on behalf of governmental agencies and acts only as their agent in this respect. The resulting contract is between the agency and the successful vendor or OFFEROR and the Office of the State CIO bears no liability for any damages that any party may incur in the execution or enforcement of the contract.
PATENT AND COPYRIGHT LIABILITY
If notified promptly in writing by the State of any action (and all prior claims relating to such action) brought against the State, based on a claim that the State's use of the services or products offered, including software, infringes a United States patent or copyright, the CONTRACTOR will defend such action at its expense and will pay the costs and damages awarded in any such action, provided that the CONTRACTOR shall have sole control of the defense of any such action and all negotiations for its settlement or compromise. The State shall give the CONTRACTOR prompt written notice of such claim and full right and opportunity to conduct the defense thereof, together with full information and reasonable cooperation. No cost or expenses shall be incurred for the account of the CONTRACTOR without its written consent. If principles of government or public law are involved, the State may participate in the defense of any action. If, in the opinion of the CONTRACTOR, the products furnished hereunder are likely to, or do become, the subject of a claim of infringement of a United States patent or copyright, then, without diminishing its obligation to satisfy a final award, the CONTRACTOR may, at its option and expense, (a) obtain the right for the State to continue to use such goods; or (b) substitute for the alleged infringing products other equally suitable products that are satisfactory to the State; or (c) take back such products; provided however, that the CONTRACTOR will not exercise option (c) until the CONTRACTOR and the State have evaluated options (a) and (b). In such event, CONTRACTOR will reimburse the State for the purchase price of any goods removed pursuant to option (c).
OWNERSHIP OF DATA
All data and other records entered into any database of the State or supplied to the CONTRACTOR by the State are, and shall remain, the sole property of the State.
CONTRACTOR shall not: copy or use such records without the State's written consent except to carry out contracted work, transfer such records to any other party not involved in the performance of this Agreement; and will return submitted records to the State upon completion of the work hereunder.
FORCE MAJEURE
CONTRACTOR shall not be liable for any damages resulting from any delay in delivery, or failure to give notice of delay, which directly or indirectly results from the elements, acts of God, delays in transportation, or delays in delivery by any cause beyond the reasonable control of the CONTRACTOR. The delivery schedule shall be extended by a period of time equal to the time lost because of such delay.
TAXES
Prices are to be exclusive of all sales, use, and like taxes. Any tax CONTRACTOR may be required to collect or pay upon the sale, use or delivery of the products shall be paid by the State, and such sums shall be due and payable to the CONTRACTOR upon acceptance. Any personal property taxes levied after delivery shall be paid by the State. It shall be solely the State's obligation, after payment to CONTRACTOR, to challenge the applicability of any tax by negotiation with, or action against, the taxing authority. CONTRACTOR agrees to refund any tax collected which is subsequently determined not to be proper and for which a refund has been paid to CONTRACTOR by the taxing authority.
In the event that the CONTRACTOR fails to pay, or delays in paying, to any taxing authorities, sums paid by the State to CONTRACTOR, CONTRACTOR shall be liable to the State for any loss (such as the assessment of additional interest) caused by virtue of this failure or delay.
Taxes based on Contractor’s net income or assets shall be the sole responsibility of the CONTRACTOR.
WAIVERS
No waiver of right, obligation, or default shall be implied, but must be in writing, signed by the party against whom the waiver is sought to be enforced. One or more waivers of any right, obligation, or default shall not be construed to waive any subsequent right, obligation, or default.
GOVERNING LAW
Contractor consents to be governed by Section 11-35-4230 of the South Carolina Code of Laws and agrees that Section 11-35-4230 applies to and governs the Agreement. Contractor waives any objection it may have now or hereafter to the administrative process required by Section 11-35-4230. To the extent that Section 11-35-4230, by its own terms, does not govern a claim or controversy arising out of or relating to the Agreement, Contractor agrees that any suit, action or proceeding arising out of or relating to the Agreement shall be instituted and maintained only in a state or federal court located in Richland County, State of South Carolina. Notwithstanding any other agreement between Contractor and the State, the Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, and any suit, action or proceeding arising out of or relating to the Agreement shall be governed by the laws of the State of South Carolina. Contractor agrees that any act by the State regarding the Agreement is not a waiver of either the State’s sovereign immunity or the State’s immunity under the Eleventh Amendment of the United State’s Constitution. As used in this paragraph, the term “Agreement” means any transaction or agreement arising out of, relating to, or contemplated by this solicitation. As used in this paragraph, the phrase “the State” includes any governmental entity transacting business with Contractor pursuant to the Agreement and the South Carolina Budget & Control Board.
SEVERABILITY
In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force.
UNIFORM COMMERCIAL CODE
The applicable provisions of the Uniform Commercial Code shall govern this contract.
RECORDS RETENTION & RIGHT TO AUDIT
The State shall have the right to audit the books and records of the CONTRACTOR as they pertain to this contract, both independent of and pursuant to, S.C. Code Section 11-35-2220. Such books and records shall be maintained for a period of three (3) years from the date of final payment under the contract or the termination of contract, whichever is later.
The State may conduct, or have conducted, performance audits of the CONTRACTOR. The State may conduct, or have conducted, audits of specific requirements of this RFP (i.e., application development cost), as determined necessary by the State.
Pertaining to all audits, CONTRACTOR shall make available to the State access to its computer files containing the history of contract performance and all other documents related to the audit. Additionally, any software used by the CONTRACTOR shall be made available for auditing purposes at no cost to the State.
APPROVAL OF PUBLICITY RELEASES
The CONTRACTOR shall not have the right to include the State's name in its published list of customers, without the prior approval of the State. With regard to news releases, only the name of the State and the type and duration of contract may be used, and then only with prior approval of the State. The CONTRACTOR agrees not to publish or cite in any form any comments or quotes from State agency staff. The CONTRACTOR further agrees not to refer to the award of this contract in commercial advertising in such a manner as to state or imply that the products or services provided are endorsed or preferred by the State.
AFFIRMATIVE ACTION
CONTRACTOR shall comply with all federal and state requirements concerning fair employment and employment of the handicapped, and concerning the treatment of all employees, without regard to, or discrimination by reason of, race, color, religion, sex, national origin, or physical handicap.
LATENT DEFECTS
Contractor warrants that upon notification by the State, as set forth in Section 11-35-4230(2) of the SC Consolidated Procurement Code, of a latent defect in design, material or workmanship, or a latent nonconformity of the services, material, or equipment to the specifications, which would have constituted a basis for rejection if discovered prior to acceptance, it will repair or replace or otherwise correct the defect to the level of performance specified in this RFP.
INDEMNIFICATION
The State of South Carolina, its officers, agents, and employees shall be held harmless from liability from any claims, damages, and actions of any nature arising from the use of any materials furnished by the Contractor, provided that such liability is not attributable to negligence on the part of the using agency or failure of the using agency to use the materials in the manner outlined by the Contractor in descriptive literature or specifications submitted with the Contractor’s proposal.
LIABILITY FOR DAMAGES
CONTRACTOR will not be liable for any damages resulting from loss of data or use, lost profits, or any incidental or consequential damages unless said damages are the result of the CONTRACTOR’S negligence or willful misconduct.
The State will not be liable for any damages to the CONTRACTOR resulting from loss of data or use, lost profits, or any incidental or consequential damages unless said damages are the result of the State’s gross negligence or willful misconduct.
CONTRACTOR will be liable for damages resulting from personal injury or property damage caused by CONTRACTOR’S negligence or intentional harm.
COMPLIANCE WITH STATUTES
During the term of the contract, it shall be the Contractor's responsibility to ensure compliance with all applicable provisions of laws, codes, ordinances, rules, regulations, and tariffs.
INSURANCE
CONTRACTOR shall maintain, throughout the performance of its obligations under this Agreement, a policy or policies of Worker's Compensation insurance with such limits as may be required by law, and a policy or policies of general liability insurance insuring against liability for injury to, and death of, persons, and damage to, and destruction of, property arising out of, or based upon, any act or omission of the CONTRACTOR or any of its subcontractors or their respective officers, directors, employees or agents. Such general liability insurance shall have limits sufficient to cover any loss or potential loss resulting from this contract.
LICENSES AND PERMITS
During the term of the contract, the Contractor shall be responsible for obtaining, and maintaining in good standing, all licenses (including professional licenses, if any), permits, inspections and related fees for each or any such licenses, permits and /or inspections required by the State, county, city or other government entity or unit to accomplish the work specified in this solicitation and the contract.
RISK OF LOSS
The CONTRACTOR shall assume all risk of loss, and shall maintain insurance coverage on all items installed, up to the time of final acceptance.
TAX CREDIT AVAILABILITY
CONTRACTORS interested in income tax credit availability by subcontracting with certified minority firms should contact the Office of Small and Minority Business Assistance.
CONTRACTOR SOLELY RESPONSIBLE FOR PERFORMANCE
The STATE will rely upon the CONTRACTOR for full, complete, and satisfactory performance under the terms and conditions of this agreement.
If the CONTRACTOR'S services provided for hereunder include services, equipment, or materials supplied by a subcontractor, the CONTRACTOR must act as the prime CONTRACTOR for these items and assume full responsibility for performance hereunder. The CONTRACTOR will be considered the sole point of contact with regard to all situations, including payment of all charges and the meeting of all other requirements.
NON INTERFERENCE
In the event CONTRACTOR is unable for any reason to provide any material, services, supplies, products or other items of any type or variety to the STATE under this agreement, including but not limited to any such materials, services, supplies, etc. available from any other party (such as subcontractors) supplying said materials, services, etc. to CONTRACTOR, the STATE will have the right to deal directly with the other supplier without penalty or interference from CONTRACTOR.
SUBCONTRACTORS
Subcontractors are subject to same terms and conditions of this agreement as the CONTRACTOR.
ASSIGNMENT
No contract or its provisions may be assigned, sublet, or transferred without the written consent of the Office of the State CIO.
ITEM SUBSTITUTION
No substitutes will be allowed on purchase orders received from agencies without permission of the Office of the State CIO.
CONTRACT AMENDMENTS, MODIFICATIONS & CHANGE ORDERS
Any change orders, alterations, amendments or other modifications hereunder shall not be effective unless reduced to writing and approved by the Buyer responsible for this solicitation and the CONTRACTOR. All questions, problems, or changes arising after award of this contract shall be directed to the Buyer responsible for this solicitation, at 1201 Main Street, Suite 820, Columbia, SC 29201.
COST SECTION CERTIFICATION
I hereby certify that the price included in this proposal is accurate and binding, and that all costs are shown and accurately reflect my total proposal cost.
YEAR 2000 WARRANTY
CONTRACTOR represents and warrants that the products are designed to be used prior to, during, and after the calendar year 2000 A.D., and that the products will operate during each such time period without error relating to date data, specifically including any error relating to, or the product of, date data which represents or references different centuries or more than one century.
IMPORTANT NOTICE
APPLIES TO NONRESIDENTS ONLY
BIDDER/OFFEROR: S.C. WITHHOLDING TAX AMENDMENTS
CODE SECTION 12-9-310(A)(2)(3)
Effective July 1, 1994, Section 49, Appropriations Bill, Part II Amended The Above-Referenced Code Section To Eliminate Withholding From Payments To Nonresident Contractors And Rental Recipients If The Nonresident Is Registered Or Registers With The S.C. Department Of Revenue or The S.C. Secretary of State's Office. The Nonresident Must Provide An Affidavit To Whomever They Are Contracting With To That Effect.
The Affidavit Will Be Retained By The Entity Or Person Letting The Contract To The Nonresident. In The Absence of an Affidavit Being Provided, Withholding Will Be Required (Contracts--2%, Rental Or Royalty Recipients--7% For Corporations, Or 5% For Individuals And Partnerships).
The Filing Of The Affidavit Affirming Registration By The Nonresident Eliminates The Requirement To Withhold By Those Letting Contracts To Nonresident As Well As The Posting Of The Surety Bond By The Non Resident. Enclosed Is An Affidavit And Instructions To Be Used When Contracting With Nonresidents.
Forms To Register For All Taxes Administered By The South Carolina Department Of Revenue May Be Obtained By Calling The License And Registration Section At 803 898-5872 Or Writing The S.C. Department Of Revenue, Registration Unit, Columbia, S.C. 29214-0140.
Instructions - Nonresident Taxpayer Registration Affidavit
Requirements To Make Withholding Payments: Code Section 12-9-310 (A) (3) Requires Persons Hiring Or Contracting With A Nonresident Taxpayer To Withhold 2% Of Each Payment Made To The Nonresident Where The Payments Under The Contract Exceed $10,000.00 In Any One Calendar Year.
Code Section 12-9-310 (A)(2) Requires Persons Making Payment To A Nonresident Taxpayer Of Rentals Or Royalties At A Rate Of $1,200.00 Or More A Year For The Use Of Or For The Privilege Of Using Property In South Carolina To Withhold 7% Of The Total Of Each Payment Made To A Nonresident Taxpayer Who Is Not A Corporation And 5% If The Payment Is Made To A Corporation.
Purpose Of Affidavit: A Person Is Not Required To Withhold Taxes With Regard To Any Nonresident Taxpayer Who Submits An Affidavit Certifying That It Is Registered With The South Carolina Secretary Of State Or The South Carolina Department Of Revenue.
Term And Duration Of Affidavit: It Is Recommended That An Affidavit Be Obtained From A Nonresident Taxpayer For Each Separate Contract Or Agreement. Otherwise, The Affidavit Submitted By A Nonresident Tax Payer Shall Remain In Effect For A Period Of Three (3) Years, Or For A Lesser Time If The Person Earlier Receives Notice Of Revocation Of Exemption From Withholding From The S.C. Department Of Revenue.
STATE OF SOUTH CAROLINA, DEPARTMENT OF REVENUE (I-312)
THIS AFFIDAVIT APPLIES TO NONRESIDENTS ONLY
Nonresident Taxpayer Registration Affidavit, Income Tax Withholding
The Undersigned Nonresident Taxpayer On Oath, Being First Duly Sworn, Hereby Certifies As Follows:
1. Owner, Partner(s) Or Corporate Name Of Nonresident Taxpayer:
___________________________________________________________________________________
2. Trade Name (Doing Business As):_____________________________________________________
3. Mailing Address:___________________________________________________________________
__________________________________________________________________
4. Federal Identification Number: _______________________________________________________
5. _________ Hiring Or Contracting With:
Name: _________________________________________________________________
Address: _______________________________________________________________
__________ Receiving Rentals Or Royalties From:
Name: _________________________________________________________________
Address: _______________________________________________________________
6. I Certify That The Above Named Nonresident Taxpayer Is Currently Registered With:
(Check Appropriate Box):
( ) The South Carolina Secretary Of State Or
( ) The South Carolina Department Of Revenue
Date Of Registration____________________________________________________________
7. I Understand That By This Registration, The Above Named Nonresident Taxpayer Has Agreed To Be
Subject To The Jurisdiction Of The S.C. Department Of Revenue And The Courts Of South Carolina
To Determine Its South Carolina Tax Liability, Including Estimated Taxes, Together With Any
Related Interest And Penalties.
8. I Understand The South Carolina Department Of Revenue May Revoke The Withholding Exemption
Granted Under Code Section 12-9-310 At Any Time It Determines That The Above Named
Nonresident Taxpayer Is Not Cooperating With The Department In The Determination Of Its Correct
South Carolina Tax Liability.
The Undersigned Understands That Any False Statement Contained Herein Could Be Punished By Fine, Imprisonment Or Both.
_____________________________________________________________(Seal) _________________
(Signature Of Owner, Partner Or Corporate Officer Date
If Corporate Officer State Title:__________________________________________________________
__________________________________________________________
(Name - Please Print)
Special Instructions to Offerors
Optional
Guidelines for Submission of Proposals on Optical Storage Media
Offeror may submit responses to this Request for Proposals (RFP) saved in Microsoft Word Office 97 on separate Compact Disk (CD), recorded in CD-R format.
Other formats such as CD-RW, DVD-ROM, DVD-RAM, or DIVIX are not acceptable and will result in the Offeror's proposal being rejected.
Offeror may submit its response on multiple CD sets so long as each CD in the set is appropriately identified as to its relationship to the set (e.g. 1 of 3).
A textual response must be included on the CD-R that provides the Offeror's response to each requirement in the RFP. Textual responses must be in Microsoft Word Office 97 format.
Business Proposals or cost proposals must be submitted on a separate CD-R or in a separate, password protected, folder. If the folder option is selected, the folder must be read password protected and the password included in the cover letter referenced below.
Submission must be accompanied by a cover letter in hard copy signed by someone authorized to bind the Offeror and indicating the Offeror's intent to be bound by the contents of its submission.
Special Contractual Conditions
EVALUATION CRITERIA
Responses to this Request for Proposals will be evaluated in the following manner:
1st: Each response will be reviewed to determine if it meets the minimum contractual and technical RFP requirements. Any proposal failing to meet these requirements will be deemed non-responsive and eliminated from further consideration.
2nd: Each proposal that is, in the opinion of the State, in full compliance with the mandatory requirements of the RFP will be evaluated based on the following criteria, which are listed in order of relative importance.
TERM CONTRACTS
Type of Contract
A statewide term contract or contracts will be awarded by the Materials Management Office for the period indicated and in accordance with the provisions and conditions of this solicitation. Purchases by local public procurement units are optional.
Volume
The total quantity of purchases of any individual item on the contract is not known. The Materials Management Office does not guarantee that the State will buy any specified item or total amount. The omission of an estimated purchase quantity does not indicate a lack of need but rather a lack of historical information.
Term of Contract/Option to Renew
The initial term of this agreement is one (1) year from the effective date as stated on the award document. Unless terminated by either party at the end of the initial term, at the end of successive “contract” terms, or as otherwise allowed within this document (see termination clause), the contract will automatically extend at the prices, terms and conditions approved by the Materials Management Office. Said extensions may be less than, but will not exceed, four (4) additional, one-year periods.
Prices
Prices under this contract are “not to exceed” prices. State agencies are not authorized to pay more than the stated price. CONTRACTORS may offer, and agencies may accept prices below those listed on the contract.
Price Adjustment
Any request for price increase must be submitted to the materials Management Office at least ninety (90) days prior to the requested date for the increase. Price increases will only become effective if agreed to, in writing, by the Materials Management Office.
High Volume Purchases
The State reserves the right to procure separately, on the open market, its requirements for large quantities, research and development projects, and special projects.
Required Participation in S.C. Electronic Catalog And On Line Ordering
All Contracts resulting from this solicitation will be administered through the State of South Carolina’s online electronic catalog. The online electronic catalog brings the benefits of electronic commerce to South Carolina, associated government entities and contractors. Contractors awarded state term contracts must accept orders issued through the electronic catalog.
Vendors are advised that participation in the electronic catalog will require the vendor to pay a 1.2% fee for the orders received through the catalog. This fee has a maximum cap of $250.00 per line item or $1,000 per purchase order.
SCeCatalog Vendor Toolkit is available at:
Contract Usage Reporting
Each contractor will be required to report, in MS Excel format, to the information technology management office all orders received against this contract. Failure to provide this report by the 15th day after any quarterly contract anniversary date may result in termination of the contract.
At a minimum, this report must contain the following:
purchasing agency
manufacturer’s model number
purchase order number
invoice number
invoice date
invoice amount
Termination by State
Notice of Termination
In the event of any termination of the contract, the State shall give notice of such termination in writing to the contractor. Notice of termination will be sent by certified mail, return receipt requested.
Termination for Non-Appropriations
Funds for this contract are payable from state and/or federal appropriations. In the event no funds or insufficient funds are appropriated and budgeted in any fiscal year for payments due under this contract, the State shall immediately notify contractor or its assignee, of such occurrence, and this contract shall create no further obligation of the State as to such current or succeeding fiscal year, and shall be null and void, except as to the portions of payments herein agreed upon for funds which shall have been appropriated and budgeted. In such event, this contract shall terminate on the last day of the year for which appropriations were received without penalty or expense to the State of any kind whatsoever. After such termination of this contract, the State shall have no continuing obligation to make purchases under this contract. No right of action or damages shall accrue to the benefit of the contractor or its assignee as to that portion of this contract, which may so terminate.
Insolvency
This contract is voidable and subject to immediate termination by the State upon the contractor’s insolvency, including the filing of proceedings in bankruptcy.
Termination for Convenience
This contract may be terminated for any reason by the Materials Management Office providing a 30 day advance notice, in writing, is given to the contractor. In the event that this contract is terminated or canceled upon request and for the convenience of the State without thirty (30) days advance written notice, then the State shall negotiate reasonable termination costs, if applicable.
Termination for Cause
This contract may be canceled and terminated by the State at any time within the contract period whenever it is determined by the State that the contractor has materially breached or otherwise materially failed to comply with its obligations hereunder. The State will not be liable for any termination costs; the thirty (30) days advance notice requirement is waived.
Contract Violation
Vendors who violate this contract will be considered in breach and subject to cancellation for cause. Vendors may be suspended or debarred from doing business with the State. Examples of vendor violations include, but are not limited to:
Vendor adding items to the contract without approval,
Vendor increasing contract price without approval,
Vendor making any change to a contract page without approval,
Misrepresentation of the contract to any using governmental entity.
Orderly Transfer of Materials
Upon termination of the contract for any reason, the State shall have the right, upon demand, to obtain access to, and possession of, all State properties, including, but not limited to, current copies of all State application programs and necessary documentation, all files, intermediate materials and supplies held by the contractor.
Termination by Contractor
Requests for termination of this contract by the contractor must be received in writing by the Materials Management Office at least ninety (90) days before the requested contract termination date.
SOFTWARE LICENSES
PROPRIETARY SOFTWARE
Proprietary software is non-custom written, non-made for hire computer software supplied by the CONTRACTOR and documentation used to describe, maintain and use the software.
License
The State is hereby granted a non-exclusive, fully paid perpetual license to use the proprietary software acquired hereunder.
Title
Title to any proprietary software provided by the Contractor to the State will remain with the Contractor.
Trade Secrets
The State agrees that the proprietary software is a trade secret of the CONTRACTOR. The State agrees to take reasonable precautions to protect the trade secret nature of the proprietary software and to prevent its disclosure to unauthorized personnel. The license herein granted cannot be transferred, assigned, or made available by the State for use by any other individual, firm, partnership, or legal entity not affiliated, associated, or connected with the State without the prior expressed written consent of the CONTRACTOR, which consent will not be unreasonably withheld. Such transfer shall also be conditioned upon the execution by the transferee of a written declaration agreeing to be bound by the terms and conditions of confidentiality provided for in this section.
Source Code
Source code includes files used by assembly, basic, c or other language compatibles to produce object modules for linkage into applications programs. The source code media will contain source code, files for compiling and linking software, and any other files and documentation available in machine-readable form to facilitate compiling and linking the code.
In the event the CONTRACTOR, at any point during the continued installation and operation of the products acquired under this contract, discontinues the conduct of business, or for any reason fails to continue to support its proprietary software, it will either make provision for the continued support under the same terms and conditions or provide the State with a copy of the source code for said proprietary software, at no expense to the State.
Export Control
The State acknowledges that the products acquired hereunder may be licensable by the U. S. Government. It further acknowledges that a valid export license must be obtained from the Department of Commerce prior to export of said products.
CUSTOMIZED SOFTWARE
Customized software is made-for-hire, custom written and customer specific software or customizations to proprietary software developed for the State by CONTRACTOR and documentation used to describe, maintain and use the software.
Title
Title to the customized software vests in the State as set forth herein. Contractor shall thereafter have no right, title or interest in any customized software. As herein used, title includes providing to the State all intellectual elements of the customized software including, but not limited to, developmental work product, notes, object and source codes, documentation, and any other items which would aid the State in understanding, using, maintaining, and enhancing said customized software.
Software Tools
The CONTRACTOR shall provide to the STATE, simultaneous with its initial installation, and any subsequent enhancements, upgrades, fixes, etc., software tools (including, but not limited to compilers, editors, etc.) that the STATE would require to maintain or enhance the customized software. The price for said tools and the cost to train State personnel to maintain and/or to enhance the customized software shall be noted separately and included in the CONTRACTOR'S cost proposal submitted to the State in response to the State's solicitation.
................
................
In order to avoid copyright disputes, this page is only a partial summary.
To fulfill the demand for quickly locating and searching documents.
It is intelligent file search solution for home and business.
Related download
- chapter 102 non financial requirements sc dhhs
- veterans resources a community for military veterans
- 2001 2002 bill 1131 richland county school districts
- south carolina school boards association
- chapter 104 appendix sc dhhs
- 2001 2002 bill 5164 richland county school district
- home
- state of south carolina
- south carolina social studies
Related searches
- unclaimed cash sc treasurer s office
- sc state treasurer
- sc department of treasury
- sc dept of treasury
- sc state treasury unclaimed money
- sc credit federal union
- sc federal credit union online banking app
- usc sc self service
- u of sc self service
- neaea gov et home student
- gov work at home jobs
- sc gov forms and publications