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  1. 1. K A N S A S KATHLEEN SEBELIUS, GOVERNOR CHRIS HOWE, DIRECTOR DUANE A. GOOSSEN, SECRETARY DEPARTMENT OF ADMINISTRATION CAROL L. FOREMAN, DEPUTY SECRETARY DIVISION OF PURCHASES LANDON STATE OFFICE BUILDING, 900 SW JACKSON ST., RM 102N, TOPEKA, KS 66612-1286 Voice 785-296-2376 Fax 785-296-7240 http://da.state.ks.us/purch ADDENDUM December 22, 2005 Addendum Number: 1 RFP Number: 08978 PR Number: 012004 Closing Date: January 12, 2006, 2:00 P.M. Procurement Officer: Angela Hoobler Telephone: 785-296-3123 E-Mail Address: angela.hoobler@da.state.ks.us Web Address: http://da.state.ks.us/purch/ Item: Performance Management Software Agency: Kansas Department of Social and Rehabilitation Services Location(s): Topeka, KS Conditions: Responses to vendors’ questions follow. There are no other changes at this time. A signed copy of this Addendum must be submitted with your bid. If your bid response has been returned, submit this Addendum by the closing date indicated above. I (We) have read and understand this addendum and agree it is a part of my (our) bid response. NAME OF COMPANY OR FIRM: SIGNED BY: TITLE: DATE: It shall be the vendor's responsibility to monitor this website on a regular basis for any changes/addenda. http://da.state.ks.us/purch/rfq/rfqdata/08978.doc
  2. 2. RFP Number 08978 Addendum Number 1 Page 2 Vendor Questions to Performance Management Software RFP #08978 Q1. What are the exact agencies that will use the Performance SW? A1. The application will be used by the Department of Social and Rehabilitation Services, which is an umbrella agency. Various divisions include Child and Protective Services, Economic Employment and Support Services, Vocational Rehabilitation Services, Child Support Enforcement, and Health Care Policy. Q2. Other than the devices/application on page 25, are there any other technologies that will be managed? i.e..VoIP, ATM, Frame Relay, MPLS, IP? A2. None that can be identified at this time. Q3. Is this effort funded and what is the estimated budget for this RFP? A3. The effort is funded, but the amount of funding is not available for disclosure. Q4. Would the state realistically consider replacing the Pathlore LMS as part of this process, assuming doing so would remain cost-effective? A4. No Q5. We understand that for the Installation & Implementation portion of the contract, the successful vendor is required to install the software, train administrators on the use of the performance management software, and deliver end user training. In addition, question 5.4.4 it calls for “customization” of the software. Is the expectation that the successful vendor is required include consulting to deploy a set of SRS metrics (Goals, Indicators, etc), or is expected that the deployment task will be done by the SRS administrators? A5. No. SRS has the initial goals, and indicators, and measurements that would be needed for implementation. These are draft now but will be finalized for the successful vendor. SRS will likely add or change outcomes later. It is expected the application could be easily modified and the vendor would provide training on how to make these modifications. Q6. If the vendor is required to include consulting to deploy a set of metrics as part of the proposal, please also answer the following questions: Q6a. Has SRS been through a formal process for defining your metrics? If so, is it completed? If not, should the vendor include these sessions as part of the scope for this project? A6a. We have defined our initial metrics and that is completed. The vendor does not need to include that aspect for this project, however it could be a future need. Q6b. Could SRS provide a copy of metrics that have been developed (or considered) to help scope the fixed price implementation portion of this project? Do all metrics have defined Goals, Indicators, Outcomes, Owners and Targets? A6b. The agency has developed a series of metrics focused on four guiding outcomes. However, these outcomes are only a starting point; we have plans to measure many more outcomes. Yes we do have goals, indicators, outcomes, and owners. Those metrics are expressed in the imbedded document accessed by double-clicking the icon below. "Agency Outcome Metrics.doc" Q6c. How many metrics are expected to be included in the initial deployment? A6c. Initially not many, but this will quickly grow as we start measuring more than just our guiding outcomes. We have four guiding outcomes with approximately 100 indicators. Q6d. Will all areas of the department be involved in the initial implementation, or would a pilot implementation approach be considered? A6d. There will not be a pilot. All areas will be involved and have access to the application. We may run things in one region for a while until a few business and end users become more skilled to help support others.
  3. 3. RFP Number 08978 Addendum Number 1 Page 3 Q7. For the 170-185 Business System Administrators, would SRS prefer a train-the-trainer program (mentioned in 5.4.5), on-site training classes delivered by the vendor’s resources, or e-learning as mentioned in 4.16? Is the expectation that the training would be customized to the SRS environment? A7. Vendors may submit, as an option to 5.2.3, training they believe more beneficial. It seems customized training would be more valuable, however this is not mandatory. Q8. In attachment D, question A3 refers to pre-defined reports. Is there any sense of the type/number of predefined reports expected by SRS? Are there any specific reporting requirements that are a part of this RFP response? A8. Number not known. Specific reporting requirements are not mandated. We expect bidders to discuss standard reports included with the product. Flexibility in reporting is preferred. Q9. In attachment D, question A8 refers to OLAP. What is the expectation around training and deployment for the OLAP component of the RFP? How many developers/end users would have access to the OLAP tools? A9. The tool should contain OLAP capabilities Q10. What are you currently using for reporting? A10. Various databases, legacy system reports, and web based surveys. See attachment B. Q11. Please describe how many users will: Create Reports, View reports, conduct OLAP Analysis, and how many Administrators. A11. Pricing may drive the number of users. The state would prefer to have the optimal number of viewers and a sufficient number of administrators and users to create reports to support our five regions and central office. Q12. What data sources will you be reporting against? A12. See attachment B Databases. Q13. Define meaning of question A.18 “Ability to bookmark work in progress” A13. Basic function allowing you to quickly return to work that was not fully completed in a previous session. Q14. Clarify your need for A.19 Periodic automatic backups on work in progress A14. The automated process of saving work for recovery after a power failure or similar type problem. Q15. For B.8, please provide all the user type and count information asked for in Question 11. A15. Refer to question 11 response. Q16. Are the criteria listed in RFP Section 1.6 Evaluation of Proposals equally weighted or are some more important than others? A16. The criteria are not weighted. All have merit in determining the award. Q17. Where does the vendor add information asked for in Section 1.6.8 methodology to accomplish task? There doesn’t appear to be a place in the Technical Proposal attachment (D). A17. Please refer to RFP section 4.9. Q18. RFP Section 2.2 Submission of Proposals states that all responses are required in electronic form in Word and Excel. Is this a typographical error where the word “or” rather than word “and” was the original intention? A18. The Technical and Cost Proposal shall be submitted electronically, using Microsoft Word. Additionally, Microsoft Excel may be used as appropriate. Q19. What is the intended Notice of Award date, as indicated in RFP Section 2.8 Notice of Award? A19. The date will be determined at a later date. Many issues will impact the date, including the number of responses received and any negotiation issues that may arise. Q20. Has a budgetary amount been approved for the work described in the RFP? Please provide additional detail regarding the amount budgeted for the statement of work in order to aid in the solution set configuration. A20. See response to question #3.
  4. 4. RFP Number 08978 Addendum Number 1 Page 4 Q21. Should cost estimates for the purchase or lease of hardware required for the Performance Management Software be included in the Cost Proposal? A21. No Q22. Are the support costs referenced in the RFP intended to include the costs to support customizations and interfaces from external systems to the Performance Management Software? A22. See attachment B Databases, tool should interface with these. Q23. There are several places in Section IV that refer to opportunities to include additional capabilities in the Technical Proposal. Can this type of technical attachment be added to Attachment D (technical proposal) and numbered by the vendor? A23. Bidders should not modify the tables in Attachment D. Information regarding additional product capabilities may be submitted as a supplement to the Technical Proposal. Also refer to RFP #4.14. Q24. Regarding Section 5.4.6 System tested successfully on SRS equipment, will the selected vendor be responsible for the development of a System Test Plan deliverable and its execution? A24. This should be a collaborative effort with State staff. Q25. Please identify the party responsible for approving the System Test Plan. A25. Project Management team. Q26. What are the criteria for determining success as defined in RFP Section 5.4.6 System tested successfully on SRS equipment? A26. Install product, connect to data sources, run the program, use of application in end user’s environment, and review report outputs. Q27. Will the selected vendor be responsible for developing User Acceptance Test Plan functions? A27. Yes Q28. Will SRS ensure personnel participation in User Acceptance Testing? A28. Yes Q29. Please provide the definitions used by SRS to distinguish between software issues requiring a fix or correction as opposed to an enhancement. A29. Fix is a known bug or problem that needs to be fixed, enhancement improves or increases functionality of product. Q30. Please provide the definition of severity or classification levels of software problems/issues to be used for software support. A30. Vendor needs to identify support that they provide. Q31. Please provide the list of data sources identified in RFP Attachment D, Section B1 that reference Appendix E for list of existing data sources. A31. See attachment B Databases. Q32. Is the total number of strategic goals, objectives (outcomes) and measures listed in the Business Plan, as defined in the following links? http://www.srskansas.org/2005_BusinessPlan/MissionGoalsObjs.pdf http://www.srskansas.org/2005_BusinessPlan/Perf%20MeasuresOutcome.pdf If not, please provide the additional SRS goals, objectives and measures. A32. No. These goals are only starting points, eventually our different management regions, central office, various divisions, and lines of business will also have outcomes to measure. Q33. Are the three areas mentioned in the Business Plan the three departments (Health Care Policy (HCP), Integrated Service Delivery (ISD), Administration)? A33. The Department of Social and Rehabilitation Services is an umbrella agency. Various divisions include Child and Protective Services, Economic Employment and Support Services, Vocational Rehabilitation Services, Child Support Enforcement, and Health Care Policy
  5. 5. RFP Number 08978 Addendum Number 1 Page 5 Q34. Are there lower divisional levels to the three aforementioned areas? A34. See response to Question #33. Q35. What reports and graphics does the State of Kansas use today that are expected for replication in the performance management application? Are these available for the vendors to replicate? A35. SRS uses various databases, legacy system reports, and web-based surveys; see Attachment B. The performance management application would need to be able to import or retrieve data from various sources. Q36. For manual data entry, is there an existing workflow process in which data is validated and approved on a per- measure basis? If so, is this available to vendors? A36. We expect to have minimal data entry with the new software. Presently the basic methods in place are data entry in a database and the database completes the measure. Q37. What are the SRS security requirements and roles for use of the Performance Management Software? Will all data be accessible to all users? Will all application components be viewable by all users? A37. Please see attachment D, B5. Role based application security. Q38 How are users organized into functional groupings? A38. Refer to question 11. This would be dependant on cost and options available. Q39. What type of reports and report formats will be required as output from the Performance Management Software? A39. Various graphs, charts, maps to present data, trending features or hypothetical scenario ability. Q40. Please describe the number and contents of the reports to be authored within the scope of work. A40. As extensive as possible to give the greatest latitude to the users in order to present and communicate in a various level of settings and circumstances. Q41. What customizations do you intend for the selected Performance Management Software product? A41. Depends on what comes standard with the product. Q42. How accessible does archived data need to be? A42. Readily. We need to be able to compare present to past data at will. Q43. Please identify the systems or applications to which the Performance Management Software will require an interface for the exchange of data. For each interface, provide a high-level description of the data to be exchanged as input and output. A43. See attachment B Databases. Q44. How many unique data sources are required to populate the measures? A44. See attachment B Databases. Q45. For each interface identified as in this scope of work, please identify the format, frequency and scheduling of the information to be exchanged. A45. This is not known and depends on the software capability to interface with inclusions in attachment B. The preference would be that data is updated nightly. Q46. Will the selected Performance Management Software product be accessed from within an information framework (e.g. an intranet) or as standalone product? Please identify the name and technical nature of any information framework in scope for this implementation. A46. Intranet / Internet Q47. Where will software be hosted within the State Technical environment, e.g. on one or more servers located at the statewide central office, at multiple service centers, or at the Department of Information Systems and Communications (DISC)? A47. One or more servers located at the statewide central office.
  6. 6. RFP Number 08978 Addendum Number 1 Page 6 Q48. Should the workplan and timeline reflect a one-phase implementation approach to include everything here or should a phased implementation be considered? A48. This is a one-phase implementation. Q49. If taking a phased implementation approach, how will the phases be defined (by measures, by divisions, etc.)? A49. Not applicable, per response in #48. Q50. How clean and reliable are the existing source data systems? Will these systems be changing during the implementation period? A50. The data is “clean and reliable” for dependable use in the current environment. SRS does not anticipate changing source data systems through the implementation period. Q51. Should hardware be scoped only for immediate needs (18-24 months) or future needs? In either scenario, how many end users will there be (immediate and future)? A51. Hardware should not be scoped for this project. The agency needs to know if the number of users will have an impact on hardware configuration (also refer to Section D, B-8). The number of all users will be dependent on cost and options. Q52. How much data will be analyzed in the system (e.g. quantity of measures, dimensionality of measures)? A52. Unknown- it could be very extensive. Our central office, different divisions, and lines of business will also have various outcomes to measure. Presently we have four outcomes and approximately one hundred indicators, however this is only a start. Q53. Will the hardware be dedicated or shared? A53. Dedicated, unless the product plays extremely well with others. Q54. Will end-user machines be able to download the following open-source software? (ActiveX controls, or Microsoft Java Virtual Machine (JVM) or Sun JVM) A54. Yes Q55. Will system administrators/power-users be able to use Excel with macros enabled to do data entry if needed? A55. Yes, but let it be clear that manual entry will be at a minimum. The software should have the ability to retrieve the data for us. Q56. What are the State of Kansas’s acceptable response times for vendor software? A56. State expects less than 10 seconds in response time. Q57. What type of network security is in place today (LDAP, Active Directory, etc.)? A57. LDAP Q58. Are the users and groups defined in the existing security infrastructure applicable for use with security groupings in Performance Management Software? A58. No Q59. Please provide expected peak and normal usage levels for the Performance Management Software. A59. This is unknown. Q60. Please provide the SRS-accepted definition of a concurrent user. A60. Person that is logged into the application. Q61. What is the average number of concurrent users for the Performance Management Software? A61. Our intent is to use the software to the greatest extent possible. The number of users may be driven by cost and options.
  7. 7. RFP Number 08978 Addendum Number 1 Page 7 Q62. Please describe SRS’s needs to preserve or archive information in the Performance Management Software and whether or not this archiving will require the selected vendor to provide such an architecture. A62. Yes. There needs to be a mechanism to show all history. We need to see where we have been, where we are, and where we want to be. Q63. Several areas of the RFP refer to a 24 X 7 support requirement. Is the Performance Management Software intended to be a mission critical application? A63. Yes Q64. Does the State of Kansas have any departmental, divisional, or employee scorecards in use today? Are these available to the vendors? A64. None Q65. How many managers will be involved in managing scorecards inputs, and will they have their own system administrators and/or power-users? A65. Unknown depending on bids and options. Yes, they could have their own administrators. Q66. Is your agency or purchasing department aware of any other state agencies or organizations actively seeking Performance Management Software? A66. No Q67. As a vendor, we have an implementation methodology based on years of experience. Will the selected vendor be able to apply their own implementation methodologies for the services deliverables? A67. A bidder may propose an implementation methodology in their response. It is expected a final methodology will be achieved through collaboration between the vendor and SRS. Q68. Will the 8-12 system administrators be available to be involved in the entire implementation and deployment process? A68. Yes, as many as can be named. Q69. Please identify the project stakeholders and project management structure for the initiative. A69. Stakeholders include the following: Business Users, End Users, Business System Administrators, and IT System Administrators. An IT project manager will be assigned to this project. Q70. Please describe the project management structure, vendor interaction and escalation processes for the project. A70. The Project Management Team includes a Project Manager, Technical Manager and Business Manager. The vendor will interact with the project team as appropriate. Escalation will be to the Project Management Team. Q71. Please describe all vendor deliverables, with desired frequency, required to report and track project performance. A71. Please refer to 5.4 of the RFP. Q72. Are the 15 – 30 Business Systems Administrators intended to be the future trainers for the 170 – 185 personnel indicated? A72. Not known, it depends on what training options the vendor offers and the quality of such. If the vendor proposes a useful training methodology for the 170-185, it would be considered. Q73. Are there additional SRS personnel beyond the 170-185 that will require training? A73. No, see # 72. The numbers mentioned in 5.2 are those that would need training. Q74. Is vendor-provided training intended to occur at a centralized location or at distributed locations? A74. At a centralized location in Topeka Kansas. The State may consider an alternate plan. Q75. What business or IT operational processes are in place to convey issues and report problems related to the Performance Management Software? A75. None presently.
  8. 8. RFP Number 08978 Addendum Number 1 Page 8 Q76. Please clarify how the selected vendor will receive the specifications and data for construction of performance metrics and reports. A76. The State’s project manager will work with the selected vendor to determine best delivery method. Q77. Attachment D; A10. Analytical tools available such as modeling and simulation (what-if scenarios) What are your expectations around modeling? A77. The software should help show what would happen if......whatever should occur. Or perhaps if we would not have done something what could have happened? Q78. Attachment D; A13. Point and click creation of charts, graphs, maps, visual tools, Are you looking for seamless integration? A78. Yes Q79. Attachment D; A18. Ability to bookmark work in progress, What do you mean by this? A79. Refer to response for Question 13. Q80. Attachment D; A19. Periodic automatic backups on work in progress, Can you give further explanation? A80. Refer to response for Question 14. Q81. Attachment D; B3. Need to provide an option for archiving data, Can you give further clarification on what you mean? A81. There needs to be a mechanism to show all history. We need to see where we have been, where we are, and where we want to be. Q82. Attachment D; B4. Ability to track and access historical and archived data, Can you give further clarification on what you mean? A82. We need the ability to recall past efforts or initiatives. This would need to be ongoing for all history to serve as a management tool. Q83. Is there a better definition for the scope of this initiative? For implementation services we need to understand how many users will require training so we can adjust our methodology and pricing. It would help to know (at least for phase 1): Q83a. How many Administrators you foresee in the system (Typically 2-4 users) A83a. See RFP 5.2.3 We are not tied to this though as the vendor may have a proposal and rationale of what would work best. The vendor may also have a different definition of what an Administrator is. Q83b. How many Data Entry and Commentary Entry Users A83b. We were thinking around 170-185. However, this is not in concrete depending upon what the vendor proposes and the roles or definitions of a user. Q83c. How many Read Only Users A83c. It would be most helpful to have a web option so all of our staff can link to see various results. Q83d. Whether or not you will want to display information to the public A83d. Yes, eventually this could be useful, however it is not mandatory. Q84. Regarding Literature – it says that attached literature should be supplemental to the proposal, thus ensuring that the responses in the Technical proposal are as detailed as possible. In the case where the same material is referenced multiple times, is it alright to include content as an Exhibit rather than restate the response multiple times? A84. Responses need to follow the RFP format, even if this means restating material multiple times. Q85. Are responses required for Section 5 of the RFP – Under Statement of Work? If so where do these responses go? Some seem to be covered in section 4, others are not. A85. Section 5 declares what information is expected in responses to other various sections (e.g. Section 4 and Attachment D). A specific response is not required for Section 5.
  9. 9. RFP Number 08978 Addendum Number 1 Page 9 Q86. Would you like the signature pages to be the first content displayed in both the Technical and Cost Proposals? A86. Signature Sheets may be placed in one or both proposals. Placing them at the beginning of the proposal will aid in associating material with the submitting bidder. Q87. In the Qualifications section of the RFP there is a reference to the fact that the Vendor must be capable of mobilizing sufficient personnel to meet the deadlines specified in the request. We did not see specific deadlines in the request other than “Twelve months from date of award with four (4) additional one-year renewal options”. Is there a specific date that the State would like a pilot up and running by? A87. There is no specific deadline for this project. Per Section 4.7, a bidder is to submit a timeline for completing tasks identified in the proposal. Q88. The link in the RFP references a document rather than a posting site where Addenda and the original RFP document would be posted. Will a new URL be issued when Addenda are posted? A88. A new URL will not be issued. The original RFP along with any addenda will be posted to the same URL (http://da.state.ks.us/purch/rfq/rfqdata/08978.doc) Q89. Page 27, Attachment D, subsection B, question 1: The question refers to an "Appendix E", which is not present in the RFP. Is the question actually referring to "Appendix B"? A89. The question should reference Appendix B.
  10. 10. K A N S A S KATHLEEN SEBELIUS, GOVERNOR CHRIS HOWE, DIRECTOR DUANE A. GOOSSEN, SECRETARY DEPARTMENT OF ADMINISTRATION CAROL L. FOREMAN, DEPUTY SECRETARY DIVISION OF PURCHASES LANDON STATE OFFICE BUILDING, 900 SW JACKSON ST., RM 102N, TOPEKA, KS 66612-1286 Voice 785-296-2376 Fax 785-296-7240 http://da.state.ks.us/purch REQUEST FOR PROPOSAL (RFP) RFP Number: 08978 PR Number: 012004 Replaces Contract: New Date Mailed: November 22, 2005 Closing Date: January 12, 2006, 2:00 PM Procurement Officer: Angela Hoobler Telephone: 785-296-3123 E-Mail Address: angela.hoobler@da.state.ks.us Web Address: http://da.state.ks.us/purch/ Item: Performance Management Software Agency: Kansas Department of Social and Rehabilitation Services Location(s): Topeka, KS Period of Contract: Twelve months from date of award with four (4) additional one-year renewal options Guarantee: No Monetary Guarantee Required Scope: This Contract shall cover the procurement of a Performance Management Solution for the Kansas Department of Social and Rehabilitation Services during the contract period referenced above. READ THIS REQUEST CAREFULLY Failure to abide by all of the conditions of this Request may result in the rejection of a bid. Inquiries about this Request should indicate the contract number and be directed to the procurement officer. It shall be the vendor's responsibility to monitor this website on a regular basis for any changes/addenda. http://da.state.ks.us/purch/rfq/rfqdata/08978.doc
  11. 11. Request for Proposal 08978 Page 2 SIGNATURE SHEET Item: Performance Management Software Agency: Kansas Department of Social and Rehabilitation Services Closing Date: January 12, 2006 We submit a proposal to furnish requirements during the contract period in accordance with the specifications and Schedule of Supplies. I hereby certify that I (we) do not have any substantial conflict of interest sufficient to influence the bidding process on this bid. A conflict of substantial interest is one which a reasonable person would think would compromise the open competitive bid process. Addenda: The undersigned acknowledges receipt of the following addenda: #1( ) #2( ) #3( ) None( ) Legal Name of Person, Firm or Corporation Toll Free Telephone Local Fax E-Mail Mailing Address City & State Zip Code FEIN Number Signature Date Typed Name of Signature Title If awarded a contract and purchase orders are to be directed to an address other than above, indicate mailing address and telephone number below. Address City & State Zip Code Toll Free Telephone Local Fax E-Mail This pricing is available to Political Subdivisions of the State of Kansas. Yes No (Refusal will not be a determining factor in award of this Contract)
  12. 12. Request for Proposal 08978 Page 3 Tax Clearances: Per KSA 75-3740(c), as amended, the Director of Purchases may reject the bid of any bidder who is in arrears on taxes due the State of Kansas. The Division of Purchases will confirm tax status prior to the release of a purchase order or contract award. The State of Kansas reserves the right to allow a bidder an opportunity to clear its tax status within ten (10) calendar days, or to proceed with award to the next lowest responsive bidder, whichever is determined by the Director of Purchases to be in the best interest of the State. Potential bidders are encouraged to contact the Kansas Department of Revenue directly (and on a regular basis) to confirm current tax status and to clear up any outstanding liabilities. The Secretary of Revenue is authorized to exchange such information with the Director of Purchases as is necessary to determine the bidders tax clearance status, notwithstanding any other provision of law prohibiting disclosure of the contents of taxpayer records or information. Instructions on how to check Tax Clearance Status can be found at the following website: <http://www.ksrevenue.org/taxclearance.htm> Information about Tax Registration can be found at the following website: <http://www.ksrevenue.org/busregistration.htm> Please Indicate Taxes Currently Registered for in Kansas: ( ) Corporate Income Tax ( ) Sales Tax ( ) Withholding Tax ( ) Compensating Use Tax ( ) None Contact Information: Please provide the attached contact information for use should the State of Kansas need to contact the appropriate officials within your company to discuss your tax clearance / registration status. Contact Person for Tax Issues: Company Name: FEIN: Mailing Address City & State Zip Code Toll Free Telephone Local Fax E-Mail Accounts Receivable Set-Off Program: During the course of this contract if the vendor is found to owe a debt to the State of Kansas, agency payments to the vendor may be intercepted / setoff by the State of Kansas Accounts Receivable Setoff Program. Notice of the setoff action will be provided to the vendor. The vendor shall credit the account of the agency making the payment in an amount equal to the funds intercepted. K.S.A. 75-6201 et seq. allows the Director of Accounts & Reports to setoff funds the State of Kansas owes vendors against debts owed by the vendors to the State of Kansas. Payments setoff in this manner constitute lawful payment for services or goods received. The vendor benefits fully from the payment because its' obligation to the State is reduced by the amount subject to setoff.
  13. 13. Request for Proposal 08978 Page 4 COST PROPOSAL Vendor Name: This Cost Proposal, detailed budget, and any supporting pricing documentation shall be submitted separate from the Technical Proposal. It should clearly indicate bidder name and RFP information. Bidder shall indicate below their firm, fixed rates for the contract period and optional renewal periods. The bid amounts shall include ALL costs associated with performance of this project including, but not limited to, labor, travel, per diem, postage, Internet, and phone charges. A detailed budget, used to arrive at proposed costs, shall be submitted with the Cost Proposal. Another pricing matrix may be submitted with the Cost Proposal as an “alternate” cost proposal. However, the table below must also be completed and submitted. Item Price PERFORMANCE MANAGEMENT SOFTWARE SERVER LICENSE $ ___________ NAMED USER LICENSE Include pricing for the following increments for named user licenses (non-concurrent): 1 to 50 $ ___________ 51 to 100 $ ___________ 101 to 150 $ ___________ 151 to 200 $ ___________ 201 to 500 $ ___________ 500 + $ ___________ CONCURRENT USER LICENSE Include pricing for the following increments for concurrent user licenses: 1 to 20 $ ___________ 21 to 40 $ ___________ 41 to 60 $ ___________ 60 + $ ___________ VIEWER LICENSE $ ___________ INSTALLATION & IMPLEMENTATION Software installation shall occur on site in Topeka, KS using agency equipment. Price shall include all associated costs, including but not limited to, vendor travel. Price shall include $ ___________ any configuration or customization charges. MAINTENANCE The first year maintenance fee shall be included in the license cost. Maintenance shall include updates, upgrades, and fixes to the software. Maintenance cost shall be an annual amount beginning one year following product acceptance. Renewal Option #1 (year 2) $ ___________ Renewal Option #2 (year 3) $ ___________ Renewal Option #3 (year 4) $ ___________ Renewal Option #4 (year 5) $ ___________
  14. 14. Request for Proposal 08978 Page 5 Item (cont.) Price SUPPORT Vendor shall provide a toll-free telephone number for support functions. Cost shall include support for IT technical staff and business users (see Section 5.2.2). Indicate pricing for various levels of support. Cost shall be an annual fee for timeframe options indicated below. Agency will select the support option determined to be in its best interest. Initial Contract Period (year 1) [indicate if included with other costs] 24 X 7 $ ___________ Business Hours (Central Time) $ ___________ Other (include any other level of support options) $ ___________ Renewal Option #1 (year 2) 24 X 7 $ ___________ Business Hours (Central Time) $ ___________ Other (include any other level of support options) $ ___________ Renewal Option #2 (year 3) 24 X 7 $ ___________ Business Hours (Central Time) $ ___________ Other (include any other level of support options) $ ___________ Renewal Option #3 (year 4) 24 X 7 $ ___________ Business Hours (Central Time) $ ___________ Other (include any other level of support options) $ ___________ Renewal Option #4 (year 5) 24 X 7 $ ___________ Business Hours (Central Time) $ ___________ Other (include any other level of support options) $ ___________ TRAINING Cost shall include all fees associated with training agency staff (see Section 5.2.3) including, $ ___________ but not limited to, vendor travel and training materials.
  15. 15. Request for Proposal 08978 Page 6 SECTION I CONDITIONS TO BIDDING 1.1 Proposal Reference Number: The above-number has been assigned to this Request and MUST be shown on all correspondence or other documents associated with this Request and MUST be referred to in all verbal communications. All inquiries, written or verbal, shall be directed to the procurement officer only. Angela Hoobler Telephone: 785-296-3123 Facsimile: 785-296-7240 E-mail Address: angela.hoobler@da.state.ks.us Kansas Division of Purchases 900 SW Jackson, Room 102N Topeka, KS 66612-1286 No communication is to be had with any other State employee regarding this Request except with designated state participants in attendance ONLY DURING: Negotiations Contract Signing as otherwise specified in this Request. Violations of this provision by vendor or state agency personnel may result in the rejection of the proposal. 1.2 Negotiated Procurement: This is a negotiated procurement pursuant to K.S.A. 75-37,102. Final evaluation and award is made by the Procurement Negotiation Committee (PNC) or their designees, which consists of the following: Secretary of Department of Administration; Director of Purchases, Department of Administration; and Head of Using Agency 1.3 Appearance Before Committee: Any, all or no vendors may be required to appear before the PNC to explain the vendor's understanding and approach to the project and/or respond to questions from the PNC concerning the proposal; or, the PNC may award to the low bidder without conducting negotiations. The PNC reserves the right to request information from vendors as needed. If information is requested, the PNC is not required to request the information of all vendors. Vendors selected to participate in negotiations may be given an opportunity to submit a best and final offer to the PNC. Prior to a specified cut-off time for best and final offers, vendors may submit revisions to their technical and cost proposals. Meetings before the PNC are not subject to the Open Meetings Act. Vendors are prohibited from electronically recording these meetings. All information received prior to the cut-off time will be considered part of the vendor's best and final offer. No additional revisions shall be made after the specified cut-off time unless requested by the PNC. 1.4 Questions/Addenda - No pre-proposal conference is scheduled for this Request for Proposal. Questions requesting clarification of the Request for Proposal must be electronically submitted in WRITING to the Procurement Officer (E-mail: angela.hoobler@da.state.ks.us ) prior to the close of business on December 14, 2005. Failure to notify the Procurement Officer of any conflicts or ambiguities in this Request for Proposal may result in items being resolved in the best interest of the State. Any modification to this Request shall be made in writing by addendum and mailed to all vendors who received the original request. Only written communications are binding. 1.5 Cost of Preparing Proposal: The cost of developing and submitting the proposal is entirely the responsibility of the vendor. This includes costs to determine the nature of the engagement, preparation of the proposal, submitting the proposal, negotiating for the contract and other costs associated with this Request. All responses will become the property of the State of Kansas and will be a matter of public record subsequent to signing of the contract or rejection of all bids.
  16. 16. Request for Proposal 08978 Page 7 1.6 Evaluation of Proposals: Award shall be made in the best interest of the State as determined by the Procurement Negotiating Committee or their designees. Consideration may focus toward but is not limited to: 1.6.1 cost. Vendors are not to inflate prices in the initial proposal as cost is a factor in determining who may receive an award or be invited to formal negotiations; 1.6.2 response format as required by this Request; 1.6.3 adequacy and completeness of proposal; 1.6.4 vendor's understanding of the project; 1.6.5 compliance with the terms and conditions of the Request; 1.6.6 experience in providing like services; 1.6.7 qualified staff; 1.6.8 methodology to accomplish tasks. 1.7 Acceptance or Rejection: The Committee reserves the right to accept or reject any or all proposals or part of a proposal; to waive any informalities or technicalities; clarify any ambiguities in proposals; modify any criteria in this Request; and unless otherwise specified, to accept any item in a proposal. 1.8 Contract: The successful vendor will be required to enter into a written contract with the State. The vendor agrees to accept the provisions of form DA-146a, Contractual Provisions Attachment, which is incorporated into all contracts with the State and is attached to this Request. 1.9 Contract Documents: This Request and any amendments and the response and any amendments of the successful vendor shall be incorporated along with the DA-146a into the written contract which shall compose the complete understanding of the parties. In the event of a conflict in terms of language among the documents, the following order of precedence shall govern: 1.9.1 Form DA-146a; 1.9.2 written modifications to the executed contract; 1.9.3 written contract signed by the parties; 1.9.4 this Request including any and all addenda; and 1.9.5 contractor's written proposal submitted in response to this Request as finalized. 1.9.6 contractor’s software usage agreement 1.10 Contract Formation: No contract shall be considered to have been entered into by the State until all statutorily required signatures and certifications have been rendered; funds for the contract have been encumbered with the Division of Accounts and Reports; and a written contract has been signed by the successful vendor. 1.11 Open Records Act (K.S.A. 45-205 et seq.): All proposals become the property of the State of Kansas. Kansas law requires all information contained in proposals to become open for public review once a contract is signed or all proposals are rejected. 1.12 Federal, State and Local Taxes-Governmental Entity: Unless otherwise specified, the proposal price shall include all applicable federal, state and local taxes. The successful vendor shall pay all taxes lawfully imposed on it with respect to any product or service delivered in accordance with this Request. The State of Kansas is exempt from state sales or use taxes and federal excise taxes for direct purchases. These taxes shall not be included in the vendor's price quotations. 1.13 Debarment of State Contractors. Any vendor who defaults on delivery as defined in this Request may, be barred (a) After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the secretary of administration, after consultation with the contracting agency and the attorney general, shall have authority to debar a person for cause from consideration for award of contracts. The debarment shall not be for a period exceeding three years. The secretary, after consultation with the contracting agency and the attorney general, shall have authority to suspend a person from consideration for award of contracts if there is probable cause to believe that the person has engaged in any activity which might lead to debarment. The suspension shall not be for a period exceeding three months unless an indictment has been issued for an offense which would be a cause for debarment under subsection (b), in which case the suspension shall, at the request of the attorney general, remain in effect until after the trial of the suspended person.
  17. 17. Request for Proposal 08978 Page 8 1.14 Insurance: The State shall not be required to purchase any insurance against loss or damage to any personal property nor shall the State establish a "self-insurance" fund to protect against any loss or damage. Subject to the provisions of the Kansas Tort Claims Act, the vendor shall bear the risk of any loss or damage to any personal property.
  18. 18. Request for Proposal 08978 Page 9 SECTION II PROPOSAL INSTRUCTIONS 2.1 Preparation of Proposal: Prices are to be entered in spaces provided on the proposal cost form if provided herein. Computations and totals shall be indicated where required. The Committee has the right to rely on any price quotes provided by vendors. The vendor shall be responsible for any mathematical error in price quotes. The Committee reserves the right to reject proposals which contain errors. ALL COPIES OF COST PROPOSALS SHALL BE SUBMITTED IN A SEPARATE SEALED ENVELOPE OR CONTAINER SEPARATE FROM THE TECHNICAL PROPOSAL. THE OUTSIDE SHALL BE IDENTIFIED CLEARLY AS "COST PROPOSAL OR TECHNICAL PROPOSAL" WITH THE REQUEST NUMBER AND CLOSING DATE. A proposal shall not be considered for award if the price in the proposal was not arrived at independently and without collusion, consultation, communication or agreement as to any matter related to price with any other vendor, competitor or public officer/employee. Technical proposals shall contain a concise description of vendor's capabilities to satisfy the requirements of this Request for Proposal with emphasis on completeness and clarity of content. Repetition of terms and conditions of the Request for Proposal without additional clarification shall not be considered responsive. Vendors are instructed to prepare their Technical Proposal following the same sequence as the Request for Proposal. 2.2 Submission of Proposals: Vendor’s proposal shall consist of: • Ten (10) copies of the technical Proposal, including literature and other supporting documents; • Ten (10) copies of the cost proposal (packaged as described in Section 2.1); • In addition, two (2) electronic software versions of the technical and cost proposals are required using Microsoft Word and Excel software. Technical and Cost responses shall be on separate media. Vendor's proposal, sealed securely in an envelope or other container, shall be received promptly at 2:00 p.m., Central Standard or Daylight Savings Time, whichever is in effect, on January 12, 2006, addressed as follows: Kansas Division of Purchases Proposal # 08978 Closing: January 12, 2006 900 SW Jackson Street, Room 102N Topeka, KS 66612-1286 Faxed or telephoned proposals are not acceptable unless otherwise specified. Proposals received prior to the closing date shall be kept secured and sealed until closing. The State shall not be responsible for the premature opening of a proposal or for the rejection of a proposal that was not received prior to the closing date because it was not properly identified on the outside of the envelope or container. Late Technical and/or Cost proposals will be retained unopened in the file and not receive consideration. 2.3 Signature of Proposals: Each proposal shall give the complete mailing address of the vendor and be signed by an authorized representative by original signature with his or her name and legal title typed below the signature line. Each proposal shall include the vendor's social security number or Federal Employer's Identification Number. 2.4 Acknowledgment of Addenda: All vendors shall acknowledge receipt of any addenda to this Request. Failure to acknowledge receipt of any addenda may render the proposal to be non-responsive. Changes to this Request shall be issued only by the Division of Purchases in writing. 2.5 Modification of Proposals: A vendor may modify a proposal by letter or by FAX transmission at any time prior to the closing date and time for receipt of proposals.
  19. 19. Request for Proposal 08978 Page 10 2.6 Withdrawal of Proposals: A proposal may be withdrawn on written request from the vendor to the Procurement Officer at the Division of Purchases prior to the closing date. 2.7 Proposal Disclosures: At the time of closing, only the names of those who submitted proposals shall be made public information. No price information will be released. Interested vendors or their representatives may be present at the announcement at the following location: State of Kansas Division of Purchases 900 Jackson Street, Room 102N Topeka, KS 66612-1286 Bid results will not be given to individuals over the telephone. Results may be obtained after contract finalization by obtaining a bid tabulation from the Division of Purchases. Bid results can be obtained by sending (do not include with bid): 1. A check for $3.00, payable to the State of Kansas; 2. A self -addressed, stamped envelope; and 3. Contract Proposal Number. Send to: Kansas Division of Purchases Attention: Bid Results/Copies 900 SW Jackson, Room 102N Topeka, KS 66612-1286 Copies of individual proposals may be obtained under the Kansas Open Records Act by sending an e-mail to janet.miller@da.state.ks.us or calling 785-296-0002 to request an estimate of the cost to reproduce the documents and remitting that amount with a written request to the above address or a vendor may make an appointment by calling the above number to view the proposal file. Upon receipt of the funds, the documents will be mailed. Information in proposal files shall not be released until a contract has been executed or all proposals have been rejected. 2.8 Notice of Award: An award is made on execution of the written contract by all parties. Only the State is authorized to issue news releases relating to this Request, its evaluation, award and/or performance of the contract.
  20. 20. Request for Proposal 08978 Page 11 SECTION III GENERAL PROVISIONS 3.1 Term of Contract: The term of this contract is for a one-year period from the date of award with four (4) additional one-year renewal options by written agreement of the parties. 3.2 Inspection: The State reserves the right to reject, on arrival at destination, any items which do not conform with specification of this Request. 3.3 Termination for Cause: The Director of Purchases may terminate this contract, or any part of this contract, for cause under any one of the following circumstances: 3.3.1 the Contractor fails to make delivery of goods or services as specified in this contract; or 3.3.2 the Contractor fails to perform any of the provisions of this contract, or so fails to make progress as to endanger performance of this contract in accordance with its terms. The Director of Purchases shall provide Contractor with written notice of the conditions endangering performance. If the Contractor fails to remedy the conditions within ten (10) days from the receipt of the notice (or such longer period as State may authorize in writing), the Director of Purchases shall issue the Contractor an order to stop work immediately. Receipt of the notice shall be presumed to have occurred within three (3) days of the date of the notice. 3.4 Termination for Convenience: The Director of Purchases may terminate performance of work under this contract in whole or in part whenever, for any reason, the Director of Purchases shall determine that the termination is in the best interest of the State of Kansas. In the event that the Director of Purchases elects to terminate this contract pursuant to this provision, it shall provide the Contractor written notice at least thirty (30) days prior to the termination date. The termination shall be effective as of the date specified in the notice. The Contractor shall continue to perform any part of the work that may have not been terminated by the notice. 3.5 Notices: All notices, demands, requests, approvals, reports, instructions, consents or other communications (collectively "notices") which may be required or desired to be given by either party to the other shall be IN WRITING and addressed as follows: Angela Hoobler Kansas Division of Purchases 900 SW Jackson St, Room 102N Topeka, Kansas 66612-1286 or to any other persons or addresses as may be designated by notice from one party to the other. 3.6 Rights and Remedies: If this contract is terminated, the State, in addition to any other rights provided for in this contract, may require the Contractor to transfer title and deliver to the State in the manner and to the extent directed, any completed materials. The State shall be obligated only for those services and materials rendered and accepted prior to the date of termination. If it is determined, after notice of termination for cause, that Contractor's failure was due to causes beyond the control of the Contractor, the termination shall be a termination for convenience. In the event of termination, the Contractor shall receive payment pro rated for that portion of the contract period services were provided to and/or goods were accepted by State subject to any offset by State for actual damages including loss of federal matching funds. The rights and remedies of the State provided for in this contract shall not be exclusive and are in addition to any other rights and remedies provided by law.
  21. 21. Request for Proposal 08978 Page 12 3.7 Force Majeure: The Contractor shall not be held liable if the failure to perform under this contract arises out of causes beyond the control of the Contractor. Causes may include, but are not limited to, acts of nature, fires, tornadoes, quarantine, strikes other than by Contractor's employees, and freight embargoes, etc. 3.8 Waiver: Waiver of any breach of any provision in this contract shall not be a waiver of any prior or subsequent breach. Any waiver shall be in writing and any forbearance or indulgence in any other form or manner by State shall not constitute a waiver. 3.9 Ownership: All data, forms, procedures, software usage rights, manuals, system descriptions and work flows developed or accumulated by the Contractor under this contract shall be owned by the using agency. The Contractor may not release any materials without the written approval of the using agency. In accordance with Code of Federal Regulations, 45CFR96.617 and State of Kansas ITEC Policy 8010, (a) the State of Kansas shall have all ownership and intellectual property rights in deliverables and supporting documentation created in the course of this work effort. All rights inherent to property ownership, such as, but not limited to copyrights, trademarks, and patents shall be vested solely with the State of Kansas. (b) The Department of SRS reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use for Federal Government purposes, such documentation. (c) Proprietary vendor software packages and pre-existing vendor materials that may be used in the creation of deliverables and supporting documentation for this work effort shall not be subject to the ownership provisions. (d) The work product ownership provision of any subcontract shall be substantially similar to the provision of this section. 3.10 Independent Contractor: Both parties, in the performance of this contract, shall be acting in their individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be construed to be the employees or agents of the other party for any purpose whatsoever. The Contractor accepts full responsibility for payment of unemployment insurance, workers compensation and social security as well as all income tax deductions and any other taxes or payroll deductions required by law for its employees engaged in work authorized by this contract. 3.11 Staff Qualifications: The Contractor shall warrant that all persons assigned by it to the performance of this contract shall be employees of the Contractor (or specified Subcontractor) and shall be fully qualified to perform the work required. The Contractor shall include a similar provision in any contract with any Subcontractor selected to perform work under this contract. Failure of the Contractor to provide qualified staffing at the level required by the proposal specifications may result in termination of this contract and/or damages. 3.12 Conflict of Interest: The Contractor shall not knowingly employ, during the period of this contract or any extensions to it, any professional personnel who are also in the employ of the State and who are providing services involving this contract or services similar in nature to the scope of this contract to the State. Furthermore, the Contractor shall not knowingly employ, during the period of this contract or any extensions to it, any state employee who has participated in the making of this contract until at least two years after his/her termination of employment with the State. 3.13 Confidentiality: The Contractor may have access to private or confidential data maintained by State to the extent necessary to carry out its responsibilities under this contract. Contractor must comply with all the requirements of the Kansas Open Records Act in providing services under this contract. Contractor shall accept full responsibility for providing adequate supervision and training to its agents and employees to ensure compliance with the Act. No private or confidential data collected, maintained or used in the course of performance of this contract shall be disseminated by either party except as authorized by statute, either during the period of the contract or thereafter. Contractor must agree to return any or all data furnished by the State promptly at the request of State in whatever form it is maintained by contractor. On the termination of expiration of this contract, contractor will not use any of such data or any material derived from the data for any purpose and, where so instructed by State, will destroy or render it unreadable.
  22. 22. Request for Proposal 08978 Page 13 3.14 Reviews and Hearings: The Contractor agrees to advise the Director of Purchases of all complaints of recipients made known to the Contractor and refer all appeals or fair hearing requests to the Director of Purchases. The State has the discretion to require the Contractor to participate in any review, appeal, fair hearing or litigation involving issues related to this contract. 3.15 Nondiscrimination and Workplace Safety: The Contractor agrees to abide by all federal, state and local laws, rules and regulations prohibiting discrimination in employment and controlling workplace safety. Any violations of applicable laws, rules and regulations may result in termination of this contract. 3.16 Environmental Protection: The Contractor shall abide by all federal, state and local laws, rules and regulations regarding the protection of the environment. The Contractor shall report any violations to the applicable governmental agency. A violation of applicable laws, rule or regulations may result in termination of this contract. 3.17 Hold Harmless: The Contractor shall indemnify the State against any and all loss or damage to the extent arising out of the Contractor’s negligence in the performance of services under this contract and for infringement of any copyright or patent occurring in connection with or in any way incidental to or arising out of the occupancy, use, service, operations or performance of work under this contract. The State shall not be precluded from receiving the benefits of any insurance the Contractor may carry which provides for indemnification for any loss or damage to property in the Contractor's custody and control, where such loss or destruction is to state property. The Contractor shall do nothing to prejudice the State's right to recover against third parties for any loss, destruction or damage to State property. 3.18 Care of State Property: The Contractor shall be responsible for the proper care and custody of any state-owned personal tangible property and real property furnished for Contractor's use in connection with the performance of this contract, and Contractor will reimburse State for such property's loss or damage caused by Contractor, normal wear and tear excepted. 3.19 Prohibition of Gratuities: Neither the Contractor nor any person, firm or corporation employed by the Contractor in the performance of this contract shall offer or give any gift, money or anything of value or any promise for future reward or compensation to any State employee at any time. 3.20 Retention of Records: Unless the State specifies in writing a shorter period of time, the Contractor agrees to preserve and make available all of its books, documents, papers, records and other evidence involving transactions related to this contract for a period of six (6) years from the date of the expiration or termination of this contract. Matters involving litigation shall be kept for one (1) year following the termination of litigation, including all appeals, if the litigation exceeds six (6) years. The Contractor agrees that authorized federal and state representatives, including but not limited to, personnel of the using agency; independent auditors acting on behalf of state and/or federal agencies shall have access to and the right to examine records during the contract period and during the six (6) year post-contract period. Delivery of and access to the records shall be at no cost to the state. 3.21 Federal, State and Local Taxes Contractor: The State makes no representation as to the exemption from liability of any tax imposed by any governmental entity on the Contractor. 3.22 Antitrust: If the Contractor elects not to proceed, the Contractor assigns to the State all rights to and interests in any cause of action it has or may acquire under the anti-trust laws of the United States and the State of Kansas relating to the particular products or services purchased or acquired by the State pursuant to this contract. 3.23 Modification: This contract shall be modified only by the written agreement of the parties with the approval of the PNC. No alteration or variation of the terms and conditions of the contract shall be valid unless made in writing and signed by the parties. Every amendment shall specify the date on which its provisions shall be effective.
  23. 23. Request for Proposal 08978 Page 14 The State of Kansas' current financial situation does not make it possible for SRS to make firm, unalterable financial commitments. In the event SRS determines lack of funding requires a modification of this Agreement, SRS reserves the right to renegotiate terms and conditions of the Agreement with the contractor. The contractor agrees to cooperate with SRS in renegotiating this Agreement should SRS determine that such modification is necessary to manage the resources available to SRS. In the event SRS is subject to a formal funding reduction or allotment, SRS reserves the right to alter or adjust the payment amounts or terms of this Agreement to meet funding reductions or allotments by sending a written notice of such alterations or adjustments to the contractor 15 days before such alterations or adjustments become effective. Should the contractor believe there is a need to modify other terms or conditions of the Agreement, SRS will, in good faith, negotiate regarding the terms of the Agreement. 3.24 Assignment: The Contractor shall not assign, convey, encumber, or otherwise transfer its rights or duties under this contract without the prior written consent of the State. This contract may terminate in the event of its assignment, conveyance, encumbrance or other transfer by the Contractor without the prior written consent of the State. 3.25 Third Party Beneficiaries: This contract shall not be construed as providing an enforceable right to any third party. 3.26 Captions: The captions or headings in this contract are for reference only and do not define, describe, extend, or limit the scope or intent of this contract. 3.27 Severability: If any provision of this contract is determined by a court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this contract shall not be affected and each provision of this contract shall be enforced to the fullest extent permitted by law. 3.28 Governing Law: This contract shall be governed by the laws of the State of Kansas and shall be deemed executed at Topeka, Shawnee County, Kansas. 3.29 Jurisdiction: The parties shall bring any and all legal proceedings arising hereunder in the State of Kansas, District Court of Shawnee County. The United States District Court for the State of Kansas sitting in Topeka, Shawnee County, Kansas, shall be the venue for any federal action or proceeding arising hereunder in which the State is a party. 3.30 Mandatory Provisions: The provisions found in Contractual Provisions Attachment (DA-146a) which is attached are incorporated by reference and made a part of this contract. 3.31 Integration: This contract, in its final composite form, shall represent the entire agreement between the parties and shall supersede all prior negotiations, representations or agreements, either written or oral, between the parties relating to the subject matter hereof. This contract between the parties shall be independent of and have no effect on any other contracts of either party. 3.32 Criminal Or Civil Offense Of An Individual Or Entity That Controls A Company Or Organization Or Will Perform Work Under This Contract: Any conviction for a criminal or civil offense that indicates a lack of business integrity or business honesty must be disclosed. This includes (1) conviction of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract; (2) conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property; (3) conviction under state or federal antitrust statutes; and (4) any other offense to be so serious and compelling as to affect responsibility as a state contractor. For the purpose of this section, an individual or entity shall be presumed to have control of a company or organization if the individual or entity directly or indirectly, or acting in concert with one or more individuals or entities, owns or controls 25 percent or more of its equity, or otherwise controls its management or policies. Failure to disclose an offense may result in disqualification of the bid or termination of the contract.
  24. 24. Request for Proposal 08978 Page 15 3.33 Competition: The purpose of this Request is to seek competition. The vendor shall advise the Division of Purchases if any specification, language or other requirement inadvertently restricts or limits bidding to a single source. Notification shall be in writing and must be received by the Division of Purchases no later than five (5) business days prior to the bid closing date. The Director of Purchases reserves the right to waive minor deviations in the specifications which do not hinder the intent of this Request. 3.34 Political Subdivisions: Political subdivisions (City, County, School Districts and etc.) are permitted to utilize contracts administered by the Division of Purchases. Please state on your response one of the following statements: (1) "This pricing IS available to Political Subdivisions of the State of Kansas"; or (2) "This pricing IS NOT available to Political Subdivisions of the State of Kansas". Awards shall not be based on which of these statements is selected. However, conditions included in this contract shall be the same for political subdivisions. The State has no responsibility for payments owed by political subdivisions. The vendor must deal directly with the political subdivision. 3.35 Injunctions: Should Kansas be prevented or enjoined from proceeding with the acquisition before or after contract execution by reason of any litigation or other reason beyond the control of the State, vendor shall not be entitled to make or assert claim for damage by reason of said delay. 3.36 Acceptance: No contract provision or use of items by the State shall constitute acceptance or relieve the vendor of liability in respect to any expressed or implied warranties. 3.37 Breach: Waiver or any breach of any contract term or condition shall not be deemed a waiver of any prior or subsequent breach. No contract term or condition shall be held to be waived, modified, or deleted except by a written instrument signed by the parties thereto. If any contract term or condition or application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition or application To this end the contract terms and conditions are severable. 3.38 Statutes: Each and every provision of law and clause required by law to be inserted in the contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then on the application of either party the contract shall be amended to make such insertion or correction. 3.39 New Materials, Supplies or Equipment: Unless otherwise specified, all materials, supplies or equipment offered by a vendor shall be new, unused in any regard and of most current design. All materials, supplies and equipment shall be first class in all respects. Seconds or flawed items will not be acceptable. All materials, supplies or equipment shall be suitable for their intended purpose and, unless otherwise specified, fully assembled and ready for use on delivery. 3.40 Quarterly Reports: The vendor is required to submit a quarterly report to the Division of Purchases detailing all acquisitions made by the State from this contract. This report should include as a minimum the agency name, quantity, description and amount. 3.41 Disclosure of Proposal Content: The laws of the State of Kansas require public information be placed in the public domain at the conclusion of the selection process, and be available for examination by all interested parties. No proposals shall be disclosed until after a Contract Award has been issued. The State reserves the right to destroy all proposals if the RFP is withdrawn, a Contract Award is withdrawn, or otherwise in the normal course of business. Trade secrets or proprietary information legally recognized as such and protected by law may be withheld if they are clearly labeled “Proprietary” in the margin of each individual page where they appear in the proposal response package. Pricing information is normally not considered proprietary. The Vendor’s entire proposal response package shall not be considered proprietary.
  25. 25. Request for Proposal 08978 Page 16 3.42 Timely Invoicing/Billing: The contractor shall submit invoices for all billable work within 90 days of its completion. Late invoices may be considered unpayable at the discretion of SRS. Any corrections or requests for adjustments to original invoices/payments shall be requested within 1 year of the work being competed. 3.43 Off-Shore Sourcing of Services: Bidders shall disclose in their bid response the location where the contracted services will be performed and whether or not any of the work necessary to provide the contracted services will be performed at a site outside the United States. If, during the term of the contract, the contractor or subcontractor moves work previously performed in the US to a location outside of the United States, the contractor shall immediately notify the Division of Purchases in writing indicating the new location and percentage of work relocated. 3.44 HIPAA: Confidentiality Under the Health Insurance Portability and Accountability Act, 1996 SRS is a covered entity under the act and therefore Contractor is not permitted to use or disclose health information in ways that SRS could not. This protection continues as long as the data is in the hands of the Contractor/Grantee. Definition: For purposes of this section, the terms “Protected Health Information” and “PHI” mean individually identifiable information in any medium pertaining to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual, that Contractor/Grantee receives from SRS or that Contractor/Grantee creates or receives on behalf of SRS. The terms “Protected Health Information” and “PHI” apply to the original data and to any data derived or extracted from the original data that has not been de- identified. Electronic protected health information (EPHI) is a subset of PHI and means individually identifiable health information that is transmitted by or maintained in electronic media. . a) Required/Permitted Uses Section 164.504(e)(2)(i): Contractor/Grantee is required/permitted to use the PHI for the following purposes: (i) Data may be used for the purpose of developing aggregate reports b) Required/Permitted Disclosures Section 164.504(e)(2)(i): Contractor/Grantee shall disclose SRS’ PHI only as allowed herein or as specifically directed by SRS. c) Limitation of Use and Disclosure Section 164.504(e)(2)(ii)(A): Contractor/Grantee agrees that it will not use or further disclose the PHI other than as permitted or required by this contract or as required by law. d) Disclosures Allowed for Management and Administration Section 164.504(e)(2)(i)(A) and 164.504(e)(4)(i): Contractor/Grantee is permitted to use and disclose PHI received from SRS in its capacity as a Contractor/Grantee to SRS if such use is necessary for proper management and administration of the Contractor/Grantee or to carry out the legal responsibilities of the Contractor/Grantee. e) Minimum Necessary: Contractor/Grantee agrees to limit the amount of PHI used and/or disclosed pursuant to this section to the minimum necessary to achieve the purpose of the use and disclosure. f) Safeguarding and Securing PHI Sections 164.308, 164.310, 164.312, 164.314 and 164.504(e)(2)(ii)(B): Contractor/Grantee agrees to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the PHI and or EPHI that the Contractor/Grantee creates, receives, maintains, or transmits. Contractor/Grantee will furnish SRS with a written description of such safeguards taken upon request. Contractor/Grantee agrees to allow authorized representatives of SRS access to premises where the PHI and or EPHI is kept for the purpose of inspecting physical security arrangements. g) Agents and Subcontractors Section 164.504(e)(2)(ii)(D): Contractor/Grantee will ensure that any entity, including agents and subcontractors, to whom it discloses PHI received from SRS or created or received by Contractor/Grantee on behalf of SRS agrees to the same restrictions, conditions and safeguards that apply to Contractor/Grantee with respect to such information.
  26. 26. Request for Proposal 08978 Page 17 h) Right to Review: SRS reserves the right to review terms of agreements and contracts between the Contractor/Grantee and subcontractors as they relate to the use and disclosure of PHI belonging to SRS. i) Ownership: Contractor/Grantee shall at all times recognize SRS’ ownership of the PHI.. j) Notification Section 164.304, 164.314 (a)(2)(C) and 164.504(e)(2)(ii)(C): Contractor/Grantee shall notify SRS both orally and in writing of any use or disclosure of PHI and or EPHI not allowed by the provisions of this Contract of which it becomes aware, and of any instance where the PHI is subpoenaed, copied or removed by anyone except an authorized representative of SRS or the contractor/grantee. The Contractor/Grantee shall report to SRS any security incident within 5 business days of becoming aware of such incident. For the purposes of this paragraph, “security incident” shall mean the attempted or successful unauthorized access, use, disclosure, modification or interference with systems operations in an information system. k) Transmission of PHI Section 164.312 (c)(1) and 164.312 (c)(2): Contractor/Grantee agrees to follow the HIPAA standards with regard to the transmission of PHI. l) Employee Compliance with Applicable Laws and Regulations: Contractor/Grantee agrees to require each of its employees having any involvement with the PHI to comply with applicable laws and regulations relating to security, confidentiality and privacy of the PHI and with the provisions of this Contract. m) Custodial Responsibility: The project administrator, an employee of Contractor/Grantee, is designated as the custodian of PHI and will be responsible for observance of all conditions of use. If custodianship is transferred within the organization, Contractor/Grantee shall notify SRS promptly. n) Access, Amendment, and Accounting of Disclosures Section 164.504(e)(2)(ii)(E-G): Contractor/Grantee will provide access to the PHI in accordance with 45 C.F.R. Section 164.524. Contractor/Grantee will make the PHI available for amendment and incorporate any amendments to the PHI in accordance with 45 C.F.R. Section 164.526. Contractor/Grantee will make available the information required to provide an accounting of disclosures in accordance with 45 C.F.R. Section 164.528. o) Documentation Verifying HIPAA Compliance Section 164.504(e)(2)(ii)(H): Contractor/Grantee will make its policies, procedures, and documentation relating to the security and privacy of protected health information, including EPHI, available to the Secretary of Health and Human Services for purposes of determining SRS’s compliance with 45 C.F.R. Parts 160 and 164. Contractor/Grantee will make these same policies, procedures, and documentation available to SRS or its designee upon request. p) Contract Termination Section 164.314 (a)(2)(i)(D) and 164.504(e)(2)(ii)(I): Contractor/Grantee agrees that within 45 days of the termination of this contract, it will return or destroy, at SRS’ direction, any and all PHI that it maintains in any form and will retain no copies of the PHI. If the return or destruction of the PHI is not feasible, the protections of this section of the contract shall be extended to the information, and further use and disclosure of PHI is limited to those purposes that make the return or destruction of PHI infeasible. Any use or disclosure of PHI except for the limited purpose is prohibited. q) Termination for Compliance Violation Section 164.314 (a)(2)(i)(D) 164.504(e)(2)(iii) and Section 164.504(e)(1) (ii): Contractor/Grantee acknowledges that SRS is authorized to terminate this Contract if SRS determines that Contractor/Grantee has violated a material term of this section of the contract. If termination of the Contract is not feasible due to an unreasonable burden on SRS, Contractor/Grantee’s violation will be reported to the Secretary of Health and Human Services, along with steps SRS took to cure or end the violation or breach and the basis for not terminating the contract. 3.45 Y2K The contractor warrants fault-free performance in the processing of date and date related data (including, but not limited to, calculating, comparing, and sequencing). Fault free performance includes, but is not limited to the manipulation of data with dates prior to, through and beyond January 1, 2000, and shall be transparent to the user. Hardware and software products, individually and in combination, shall successfully transition into the year 2000 with the correct system date and correct calculations which utilize or refer to the date data, without human intervention, including leap year calculations. Hardware and software products, individually and in combination, shall also provide correct results when moving forward or backward across the year 2000.
  27. 27. Request for Proposal 08978 Page 18 SECTION IV SPECIAL PROVISIONS 4.1 Proposal Format: The following information shall be part of the technical proposal: Vendors are instructed to prepare their Technical Proposal following the same sequence as this section of the Request for Proposal. (1) Transmittal letter which includes the following statements: (a) that the vendor is the prime contractor and identifying all subcontractors; (b) that the vendor is a corporation or other legal entity; (c) that no attempt has been made or will be made to induce any other person or firm to submit or not to submit a proposal; (d) that the vendor does not discriminate in employment practices with regard to race, color, religion, age (except as provided by law), sex, marital status, political affiliation, national origin or disability; (e) that no cost or pricing information has been included in the transmittal letter or the Technical Proposal; (f) that the vendor presently has no interest, direct or indirect, which would conflict with the performance of services under this contract and shall not employ, in the performance of this contract, any person having a conflict; (g) that the person signing the proposal is authorized to make decisions as to pricing quoted and has not participated, and will not participate, in any action contrary to the above-statements; (h) whether there is a reasonable probability that the vendor is or will be associated with any parent, affiliate or subsidiary organization, either formally or informally, in supplying any service or furnishing any supplies or equipment to the vendor which would relate to the performance of this contract. If the statement is in the affirmative, the vendor is required to submit with the proposal, written certification and authorization from the parent, affiliate or subsidiary organization granting the State and/or the federal government the right to examine any directly pertinent books, documents, papers and records involving such transactions related to the contract. Further, if at any time after a proposal is submitted, such an association arises, the vendor will obtain a similar certification and authorization and failure to do so will constitute grounds for termination of the contract at the option of the State; (i) vendor agrees that any lost or reduced federal matching money resulting from unacceptable performance in a contractor task or responsibility defined in the Request, contract or modification shall be accompanied by reductions in state payments to contractor; and (j) That the vendor has not been retained, nor has it retained a person to solicit or secure a state contract on an agreement or understanding for a commission, percentage, brokerage or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the vendor for the purpose of securing business. For breach of this provision, the Committee shall have the right to reject the proposal, terminate the contract and/or deduct from the contract price or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee or other benefit. 4.2 Vendor Information: The vendor must include a discussion of the vendor's corporation and each subcontractor if any. The discussion shall include the following: (a) date established; (b) ownership (public, partnership, subsidiary, etc.); (c) number of personnel, full and part-time, assigned to this project by function and job title; (d) data processing resources and the extent they are dedicated to other matters; (e) location of the project within the vendor's organization; (f) relationship of the project and other lines of business; and (g) organizational chart 4.3 Subcontractors: The contractor shall be the sole source of contact for the contract. The contractor shall not sub-contract without prior written approval of the State. The State will not subcontract any work under the contract to any other firm and will not deal with any subcontractors. The Contractor is totally responsible for all actions and work performed by its subcontractors. All terms, conditions and requirements of the contract shall apply without qualification to any services performed or goods provided by any subcontractor.