montana rfp-1301jg miechv home visitation computer project (2012)

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    STATE OF MONTANAREQUEST FOR PROPOSAL (RFP)

    RFP Number:

    RFP-1301JG

    RFP Title:

    Data Management System for the Maternal, Infant, and Early Childhood HomeVisiting (MIECHV) ProjectRFP Response Due Date and Time:

    Wednesday August 22, 20122:00 p.m., Mountain Time

    Number of Pages:77

    Issue Date:July 25, 2012

    ISSUING AGENCY INFORMATION

    Procurement Officer:Jennifer Garza

    Department of Public Health & Human ServicesBusiness & Financial Services Division

    Central Purchasing OfficePhone: (406) 444-2851

    Fax: (406) 444-7358

    TTY Users, Dial 711

    Website: http://vendor.mt.gov/

    INSTRUCTIONS TO OFFERORS

    Return Sealed Proposal to:Mark Face ofEnvelope/Package with:

    RFP Number: RFP-1301JGRFP Response Due Date:

    August 22, 2012 2:00 p.m.,Mountain Time

    PHYSICAL ADDRESS:

    DPHHS BFSDCentral Purchasing Office111 N Sanders St. Rm 8

    Helena MT 59601Phone: (406) 444-2851

    Fax: (406) 444-7358TTY Users, Dial 711

    MAILING ADDRESS:

    DPHHS BFSDCentral Purchasing Office111 N Sanders St. Rm 8

    Helena MT 59601Phone: (406) 444-2851

    Fax: (406) 444-7358TTY Users, Dial 711

    Special Instructions:

    OFFERORS MUST COMPLETE THE FOLLOWING

    Offeror Name/Address:

    (Name/Title)

    (Signature)

    Print name and title and sign in ink. By submitting aresponse to this RFP, offeror acknowledges it understandsand will comply with the RFP specifications andrequirements.

    Type of Entity (e.g., corporation, LLC, etc.) Offeror Phone Number:

    Offeror E-mail Address: Offeror FAX Number:

    OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE

    Revised 2/11

    http://vendor.mt.gov/http://vendor.mt.gov/
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    TABLE OF CONTENTS

    PAGE

    Instructions to Offerors...............................................................................................3

    Schedule of Events......................................................................................................5

    Section 1: Introduction and Instructions..................................................................61.1 Introduction...................................................................................................................................61.2 Contract Period............................................................................................................................. 61.3 Single Point of Contact.................................................................................................................. 61.4 Required Review...........................................................................................................................61.5 General Requirements.................................................................................................................. 71.6 Submitting a Proposal................................................................................................................... 71.7 Costs/Ownership of Materials........................................................................................................8

    Section 2: RFP Standard Information........................................................................92.1 Authority........................................................................................................................................ 92.2 Offeror Competition.......................................................................................................................92.3 Receipt of Proposals and Public Inspection...................................................................................92.4 Classification and Evaluation of Proposals....................................................................................92.5 State's Rights Reserved.............................................................................................................. 112.6 Department of Administration Powers and Duties.......................................................................112.7 Compliance with State of Montana IT Standards.........................................................................11

    Section 3: System Specifications............................................................................133.1 Overview.....................................................................................................................................133.2 Usage.......................................................................................................................................... 133.3 Specifications..............................................................................................................................133.4 Hosting........................................................................................................................................ 153.5 Maintenance and Operations......................................................................................................153.6 Training....................................................................................................................................... 163.7 User Acceptance Testing............................................................................................................163.8 General Security and Confidentiality Requirements....................................................................173.9 Project Management................................................................................................................... 17

    Section 4: Offeror Qualifications..................................................................................................184.1 State's Right to Investigate and Reject........................................................................................184.2 Offeror Qualifications...................................................................................................................18

    Section 5: Cost Proposal..........................................................................................205.1 Cost Consideration...................................................................................................................... 205.2 Cost Proposal..............................................................................................................................20

    Section 6: Evaluation Process.................................................................................216.1 Basis of Evaluation...................................................................................................................... 216.2 Evaluation Criteria....................................................................................................................... 21

    Appendix A - Standard Terms and Conditions........................................................24Appendix B - Contract................................................................................................27Appendix C - Client Reference Form........................................................................74Appendix D - RFP Response Form...........................................................................77

    RFP-1301JG, MIECHV Project, Page 2

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    INSTRUCTIONS TO OFFERORS

    It is the responsibility of each offeror to:

    Follow the format required in the RFP when preparing your response. Provide responses in a clear andconcise manner.

    Provide complete answers/descriptions. Read and answerall questions and requirements. Proposals

    are evaluated based solely on the information and materials provided in your written response.

    Use any forms provided, e.g., cover page, budget form, certification forms, etc.

    Submit your response on time. Note all the dates and times listed in the Schedule of Events and withinthe document. Late proposals are neveraccepted.

    The following items MUST be included in the response.Failure to include ANY of these items may result in a nonresponsive determination.

    Signed Cover Sheet

    Signed Addenda (if appropriate) in accordance with Section 1.4.3

    Correctly executed State of Montana "Affidavit for Trade Secret Confidentiality" form, ifclaiming information to be confidential or proprietary in accordance with Section 2.3.2.

    In addition to a detailed response to all requirements within Sections 3, 4, and 5, offeror mustacknowledge that it has read, understands, and will comply with each section/subsection listedbelow by initialing the line to the left of each. If offeror cannot meet a particular requirement,provide a detailed explanation next to that requirement.

    Section 1, Introduction and Instructions

    Section 2, RFP Standard Information

    ____ Section 3, System Specifications

    Section 3.1, Overview

    Section 3.2, Usage

    Section 3.3, Specifications

    ____ Section 3.4, Hosting

    ____ Section 3.5, Maintenance and Operations

    ____ Section 3.6, Training

    ____ Section 3.7, User Acceptance Testing

    ____ Section 3.8, General Security and Confidentiality Requirements

    Section 3.9, Project Management

    ____ Section 4.2, Offeror Qualifications

    ____ Section 5, Cost Proposal

    ____ Section 5.1, Cost Consideration

    ____ Section 5.2, Cost Proposal

    RFP-1301JG, MIECHV Project, Page 3

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    Section 6, Evaluation Process

    Appendix A, Standard Terms and Conditions

    Appendix B, Contract

    Appendix C, Client Reference Form

    Appendix D, RFP Response Form

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    SCHEDULE OF EVENTS

    EVENT DATE

    RFP Issue Date...................................................................................................7/25/12

    Deadline for Receipt of Written Questions...........................................8/2/12 2 p.m

    Deadline for Posting Written Responses to the State's Website........8/8/12 5 p.m

    RFP Response Due Date.......................................................................8/22/12 2 p.m

    Notification of Offeror Interviews/Product Demonstrations...........................9/7/12*

    Offeror Interviews/Product Demonstrations.......................................9/12 9/14/12*

    Intended Date for Contract Award..................................................................9/19/12*

    *The dates above identified by an asterisk are included for planning purposes. These datesare subject to change.

    RFP-1301JG, MIECHV Project, Page 5

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    SECTION 1: INTRODUCTION AND INSTRUCTIONS

    1.1 INTRODUCTION

    The STATE OF MONTANA, Department of Public Health and Human Services, Public Health and SafetyDivision ("State") is seeking a Contractor to provide a data management system for the Maternal, Infant, and

    Early Childhood Home Visiting (MIECHV) program. A more complete description of the system and servicesto be provided is found in Section 3.

    1.2 CONTRACT PERIOD

    The contract period is three (3)year(s), with an anticipated start date of September 2012 and endingSeptember 2015, inclusive. The parties may mutually agree to a renewal of this contract in one (1)yearintervals, or any interval that is advantageous to the State. This contract, including any renewals, may notexceed a total of ten (10) years, at the State's option.

    1.3 SINGLE POINT OF CONTACT

    From the date this Request for Proposal (RFP) is issued until an offeror is selected and announced by theprocurement officer, offerors shall not communicate with any state staff regarding this procurement,except at the direction ofJennifer Garza, the procurement officer in charge of the solicitation. Anyunauthorized contact may disqualify the offeror from further consideration. Contact information for the singlepoint of contact is:

    Procurement Officer: Jennifer GarzaTelephone Number: (406) 444-2851

    Fax Number: (406) 444-7358E-mail Address: [email protected]

    1.4 REQUIRED REVIEW

    1.4.1 Review RFP. Offerors shall carefully review the entire RFP. Offerors shall promptly notify theprocurement officer identified above via e-mail or in writing of any ambiguity, inconsistency, unduly restrictivespecifications, or error which they discover. In this notice, the offeror shall include any terms or requirementswithin the RFP that preclude the offeror from responding or add unnecessary cost. Offerors shall provide anexplanation with suggested modifications. The notice must be received by the deadline for receipt of inquiriesset forth below. The State will determine any changes to the RFP.

    1.4.2 Form of Questions. Offerors having questions or requiring clarification or interpretation of anysection within this RFP must address these issues via e-mail or in writing to the procurement officer listedabove on or before August 2, 2012 2 p.m., Mountain Time. Offerors are to submit questions using the Vendor

    RFP Question and Answer Form available on the OneStop Vendor Information website at:http://svc.mt.gov/gsd/OneStop/GSDDocuments.aspxor by calling (406) 444-2851. Clear reference to thesection, page, and item in question must be included in the form. Questions received after the deadline maynot be considered.

    1.4.3 State's Response. The State will provide a written response by August 8, 2012 5 p.m.,Mountain Time, to all questions received by August 2, 2012 2 p.m., Mountain Time. The State's response willbe by written addendum and will be posted on the State's website with the RFP athttp://svc.mt.gov/gsd/OneStop/SolicitationDefault.aspxby the close of business on the date listed. Any otherform of interpretation, correction, or change to this RFP will not be binding upon the State. Offerors shallsign and return with their RFP response an Acknowledgment of Addendum for any addendum issued.

    RFP-1301JG, MIECHV Project, Page 6

    http://svc.mt.gov/gsd/OneStop/GSDDocuments.aspxhttp://svc.mt.gov/gsd/OneStop/SolicitationDefault.aspxhttp://svc.mt.gov/gsd/OneStop/SolicitationDefault.aspxhttp://svc.mt.gov/gsd/OneStop/GSDDocuments.aspxhttp://svc.mt.gov/gsd/OneStop/SolicitationDefault.aspx
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    1.5 GENERAL REQUIREMENTS

    1.5.1 Acceptance of Standard Terms and Conditions/Contract. By submitting a response to thisRFP, offeror accepts the standard terms and conditions and contract set out in Appendices A and B,respectively. Much of the language included in the standard terms and conditions and contract reflectsrequirements of Montana law.

    Offerors requesting additions or exceptions to the standard terms and conditions, contract terms, shall submitthem to the procurement officer listed above by the date in Section 1.4.2. A request must be accompanied byan explanation why the exception is being sought and what specific effect it will have on the offeror's ability torespond to the RFP or perform the contract. The State reserves the right to address nonmaterial requests forexceptions to the standard terms and conditions and contract language with the highest scoring offeror duringcontract negotiation.

    The State shall identify any revisions to the standard terms and conditions and contract language in a writtenaddendum issued for this RFP. The addendum will apply to all offerors submitting a response to this RFP.The State will determine any changes to the standard terms and conditions and/or contract.

    1.5.2 Resulting Contract. This RFP and any addenda, the offeror's RFP response, including anyamendments, a best and final offer (if any), and any clarification question responses shall be incorporated byreference in any resulting contract.

    1.5.3 Understanding of Specifications and Requirements. By submitting a response to this RFP,offeror acknowledges it understands and will comply with the RFP specifications and requirements.

    1.5.4 Offeror's Signature. Offeror's proposal must be signed in ink by an individual authorized tolegally bind the offeror. The offeror's signature guarantees that the offer has been established withoutcollusion. Offeror shall provide proof of authority of the person signing the RFP upon State's request.

    1.5.5 Offer in Effect for 120 Calendar Days. Offeror agrees that it may not modify, withdraw, orcancel its proposal for a 120-day period following the RFP due date, or receipt of best and final offer, ifrequired.

    1.6 SUBMITTING A PROPOSAL

    1.6.1 Organization of Proposal. Offerors must submit a signed copy of the RFP cover sheet and theInstructions to Offerors page. Offerors shall follow the response format outlined in Appendix D: RFPResponse Form. Proposals should be bound, and must include tabbed dividers separating each section.Proposal pages must be consecutively numbered.

    The State encourages offerors to use materials (e.g., paper, dividers, binders, brochures, etc.) that containpost-consumer recycled content. Offerors are encouraged to print/copy on both sides of each page.

    1.6.2 Failure to Comply with Instructions. Offerors failing to comply with these instructions may besubject to point deductions. Further, the State may deem a proposal nonresponsive or disqualify it fromfurther consideration if it does not follow the response format, is difficult to read or understand, or is missingrequested information.

    1.6.3 Multiple Proposals. Offerors may, at their option, submit multiple proposals. Each proposalshall be evaluated separately.

    1.6.4 Copies Required and Deadline for Receipt of Proposals. Offerors must submit one originalproposal and five (5) copies. In addition, offerors must submit two electronic copies on compact disc (CD) oruniversal serial bus (USB) flash drive in Microsoft Word or portable document format (PDF). If any

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    confidential materials are included in accordance with the requirements of Section 2.3.2,they must besubmitted on a separate CD or USB flash drive.

    EACH PROPOSAL MUST BE SEALED AND LABELED ON THE OUTSIDE OF THE PACKAGE clearlyindicating it is in response to RFP-1301JG. Proposals must be received at the desk of ProcurementOfficer Jennifer Garza prior to 2:00 p.m., Mountain Time, August 22, 2012. Offeror is solelyresponsible for assuring delivery to the procurement officers desk by the designated time.

    1.6.5 Facsimile Responses. A facsimile response to an RFP will ONLY be accepted on anexception basis with prior approval of the procurement officer and only if it is received in its entirety by thespecified deadline. Responses to RFPs received after the deadline will not be considered.

    1.6.6 Late Proposals. Regardless of cause, the State shall not accept late proposals. Suchproposals will automatically be disqualified from consideration. Offeror may request the State return theproposal at offeror's expense or the State will dispose of the proposal if requested by the offeror. (See

    Administrative Rules of Montana (ARM) 2.5.509.)

    1.7 COSTS/OWNERSHIP OF MATERIALS

    1.7.1 State Not Responsible for Preparation Costs. Offeror is solely responsible for all costs itincurs prior to contract execution.

    1.7.2 Ownership of Timely Submitted Materials. The State shall own all materials submitted inresponse to this RFP.

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    SECTION 2: RFP STANDARD INFORMATION

    2.1 AUTHORITY

    The RFP is issued under 18-4-304, Montana Code Annotated (MCA) and ARM 2.5.602. The RFP process isa procurement option allowing the award to be based on stated evaluation criteria. The RFP states the

    relative importance of all evaluation criteria. The State shall use only the evaluation criteria outlined in thisRFP.

    2.2 OFFEROR COMPETITION

    The State encourages free and open competition to obtain quality, cost-effective services and supplies. TheState designs specifications, proposal requests, and conditions to accomplish this objective.

    2.3 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION

    2.3.1 Public Information. Subject to exceptions provided by Montana law, all information received in

    response to this RFP, including copyrighted material, is public information. Proposals will be made availablefor public viewing and copying shortly after the proposal due date and time. The exceptions to thisrequirement are: (1) bona fide trade secrets meeting the requirements of the Uniform Trade Secrets Act, Title30, chapter 14, part 4, MCA, that have been properly marked, separated, and documented; (2) mattersinvolving individual safety as determined by the State; and (3) other constitutional protections. See 18-4-304,MCA. The State provides a copier for interested parties' use at $0.10 per page. The interested party isresponsible for the cost of copies and to provide personnel to do the copying.

    2.3.2 Procurement Officer Review of Proposals. Upon opening the proposals in response to thisRFP the procurement officer reviews the proposals for information that meets the exceptions in Section 2.3.1,providing the following conditions have been met:

    Confidential information (including any provided in electronic media) is clearly marked andseparated from the rest of the proposal. The proposal does not contain confidential material in the cost or price section. An affidavit from the offeror's legal counsel attesting to and explaining the validity of the trade

    secret claim as set out in Title 30, chapter 14, part 4, MCA, is attached to each proposal containingtrade secrets. Counsel must use the State of Montana "Affidavit for Trade Secret Confidentiality"form in requesting the trade secret claim. This affidavit form is available on the OneStop VendorInformation website at: http://svc.mt.gov/gsd/OneStop/GSDDocuments.aspx or by calling (406)444-2851.

    Information separated out under this process will be available for review only by the procurement officer, theevaluator/evaluation committee members, and limited other designees. Offerors shall pay all of its legal costsand related fees and expenses associated with defending a claim for confidentiality should another partysubmit a "right to know" (open records) request.

    2.4 CLASSIFICATION AND EVALUATION OF PROPOSALS

    2.4.1 Initial Classification of Proposals as Responsive or Nonresponsive. The State shall initiallyclassify all proposals as either "responsive" or "nonresponsive" (ARM 2.5.602). The State may deem aproposal nonresponsive if: (1) any of the required information is not provided; (2) the submitted price is foundto be excessive or inadequate as measured by the RFP criteria; or (3) the proposal does not meet RFPrequirements and specifications. The State may find any proposal to be nonresponsive at any time during theprocurement process. If the State deems a proposal nonresponsive, it will not be considered further.

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    2.4.2 Determination of Responsibility. The procurement officer will determine whether an offerorhas met the standards of responsibility consistent with ARM 2.5.407. An offeror may be determinednonresponsible at any time during the procurement process if information surfaces that supports anonresponsible determination. If an offeror is found nonresponsible, the procurement officer will notify theofferor by mail. The determination will be made a part of the procurement file.

    2.4.3 Evaluation of Proposals. An evaluator/evaluation committee will evaluate all responsiveproposals based on stated criteria and recommend award to the highest scoring offeror. Theevaluator/evaluation committee may initiate discussion, negotiation, or a best and final offer. In scoringagainst stated criteria, the evaluator/evaluation committee may consider such factors as accepted industrystandards and a comparative evaluation of other proposalsin terms of differing price and quality. Thesescores will be used to determine the most advantageous offering to the State. If an evaluation committeemeets to deliberate and evaluate the proposals, the public may attend and observe the evaluation committeedeliberations.

    2.4.4 Completeness of Proposals. Selection and award will be based on the offeror's proposal andother items outlined in this RFP. Proposals may not include references to information such as Internetwebsites, unless specifically requested. Information or materials presented by offerors outside the formalresponse or subsequent discussion, negotiation, or best and final offer, if requested, will not be considered,will have no bearing on any award, and may result in the offeror being disqualified from further consideration.

    2.4.5 Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration.After receipt of proposals and prior to the recommendation of award, the procurement officer may initiatediscussions with one or more offerors should clarification or negotiation be necessary. Offerors may also berequired to make an oral presentation and/or product demonstration to clarify their RFP response or to furtherdefine their offer. In either case, offerors should be prepared to send qualified personnel to Helena, Montana,to discuss technical and contractual aspects of their proposal. At the option of the State the presentation maybe made via WebEx or other acceptable means. Oral presentations and product demonstrations, ifrequested, shall be at the offeror's expense.

    2.4.6 Best and Final Offer. Under Montana law, the procurement officer may request a best and

    final offer if additional information is required to make a final decision. The State reserves the right to requesta best and final offer based on price/cost alone. Please note that the State rarely requests a best and finaloffer on cost alone.

    2.4.7 Evaluator/Evaluation Committee Recommendation for Contract Award. The evaluator/evaluation committee will provide a written recommendation for contract award to the procurement officer thatcontains the scores, justification, and rationale for the decision. The procurement officer will review therecommendation to ensure its compliance with the RFP process and criteria before concurring with theevaluator's/evaluation committee's recommendation.

    2.4.8 Request for Documents Notice. Upon concurrence with the evaluator's/evaluationcommittee's recommendation, the procurement officer will request from the highest scoring offeror the

    required documents and information, such as insurance documents, contract performance security, anelectronic copy of any requested material (e.g., proposal, response to clarification questions, and/or best andfinal offer), and any other necessary documents. Receipt of this request does not constitute a contract andno work may begin until a contract signed by all parties is in place. The procurement officer will notify alother offerors of the State's selection.

    2.4.9 Contract Execution. Upon receipt of all required materials, a contract (Appendix B)incorporating the Standard Terms and Conditions (Appendix A), as well as the highest scoring offeror'sproposal, will be provided to the highest scoring offeror for signature. The highest scoring offeror will beexpected to accept and agree to all material requirements contained in Appendices A and B of this RFP. Ifthe highest scoring offeror does not accept all material requirements, the State may move to the next highest

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    scoring offeror, or cancel the RFP. Work under the contract may begin when the contract is signed by allparties.

    2.5 STATE'S RIGHTS RESERVED

    While the State has every intention to award a contract resulting from this RFP, issuance of the RFP in noway constitutes a commitment by the State to award and execute a contract. Upon a determination such

    actions would be in its best interest, the State, in its sole discretion, reserves the right to:

    Cancel or terminate this RFP (18-4-307, MCA); Reject any or all proposals received in response to this RFP (ARM 2.5.602); Waive any undesirable, inconsequential, or inconsistent provisions of this RFP that would not have

    significant impact on any proposal (ARM 2.5.505); Not award a contract, if it is in the State's best interest not to proceed with contract execution (ARM

    2.5.602); or If awarded, terminate any contract if the State determines adequate state funds are not available

    (18-4-313, MCA).

    2.6 DEPARTMENT OF ADMINISTRATION POWERS AND DUTIES

    The Department of Administration is responsible for carrying out the planning and program responsibilities forinformation technology (IT) for state government. (Section 2-17-512, MCA) The Chief Information Officer isthe person appointed to carry out the duties and responsibilities of the Department of Administration relatingto information technology. The Department of Administration shall:

    Review the use of information technology resources for all state agencies; Review and approve state agency specifications and procurement methods for the acquisition of

    information technology resources; and Review, approve, and sign all state agency IT contracts and shall review and approve other formal

    agreements for information technology resources provided by the private sector and othergovernment entities.

    2.7 COMPLIANCE WITH STATE OF MONTANA IT STANDARDS

    The offeror is expected to be familiar with the State of Montana IT environment. All services and productsprovided as a result of this RFP must comply with all applicable State of Montana IT policies and standards ineffect at the time the RFP is issued. The offeror must request exceptions to State IT policies and standards inaccordance with Section 1.6 of this RFP. It will be the responsibility of the State to deny the exceptionrequest or to seek a policy or standards exception through the Department of Administration, InformationTechnology Services Division (ITSD). Offerors are expected to provide proposals that conform to State ITpolicies and standards. It is the intent of ITSD to utilize the existing policies and standards and not toroutinely grant exceptions. The State reserves the right to address nonmaterial requests for exceptions withthe highest scoring offeror during contract negotiation.

    The links below will provide information on State of Montana IT strategic plans, current environment, policies,and standards.

    State of Montana Information Technology Strategic Planhttp://itsd.mt.gov/stratplan/statewide/default.mcpx

    State of Montana Information Technology Environmenthttp://itsd.mt.gov/techmt/compenviron.mcpx

    State of Montana IT Policies

    RFP-1301JG, MIECHV Project, Page 11

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    http://itsd.mt.gov/policy/policies/default.mcpx

    State of Montana Software Standardshttp://itsd.mt.gov/policy/software/default.mcpx

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    SECTION 3: SYSTEM SPECIFICATIONS

    To enable the State to determine the capabilities of an offeror to provide the systemspecified in the RFP, theofferor shall respond to the following regarding its ability to meet the State's requirements.

    All subsections of Section 3 not listed in the "Instructions to Offerors" on page 3 require a response.

    Restate the subsection number and the text immediately prior to your written response.

    NOTE: Each item must be thoroughly addressed. Offerors taking exception to any requirementslisted in this section may be found nonresponsive or be subject to point deductions.

    3.1 OVERVIEW

    The Family and Community Health Bureau is soliciting proposals for a data management system for theMaternal, Infant, and Early Childhood Home Visiting (MIECHV) program. The system will collect client andprogram data and have reporting functions for client and program-level data. The Department is also lookingfor an offeror who can provide the ongoing maintenance and operations of the system once it is installed.

    The data system must collect data that are consistent with the reporting requirements for evidence-basedhome visiting models so that sites can use the data management system for reporting to the home visitingmodel offices as well as the State of Montana. Parents as Teachers (http://www.parentsasteachers.org/),Nurse-Family Partnership (http://www.nursefamilypartnership.org/), and Healthy Families America(http://www.healthyfamiliesamerica.org/home/index.shtml) are currently the evidence-based models identifiedfor implementation in Montana.

    It is the goal of the State to procure a qualified vendor to provide sufficient resources and expertise necessaryto provide the software and services described in this RFP. The solution may be of any type, including acustom built solution or a Commercial Off The Shelf (COTS) solution.

    3.2 USUAGE

    The Offeror shall provide a written description of the usage of the proposed software or data system. Thesoftware/system must be accessible and usable by up to 100 computers concurrently in multiple locationsacross the state. The system should be centralized, web-based, and able to be accessed by both State andDPHHS staff at the local-level in communities throughout Montana.

    3.3 SPECIFICATIONS

    The proposed system must be capable of fulfilling the identified needs of the Family and Community HealthBureau. The Offeror shall provide a written description of how the following technical specifications are met bytheir product. Response must indicate whether each requirement already exists in the software solution or

    would be part of customization.

    1. The system must allow individual client and program data collection and management at the pointof service.

    2. The system must allow for collection of data fields consistent with those required by the evidence-based home visiting models being implemented in Montana.

    3. The system must incorporate data quality control measures (such as field controls or errormessages for implausible dates).

    4. The system must allow for reporting of individual client records as well as aggregated client data.These reports (up to 10) will be defined during contract refinement and will include the following:

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    client demographics, caseloads, home visiting attendance/participation, summaries of risk factors,and others to be identified.

    5. The system must allow for the creation of referral recommendation or follow-up prompts.6. The system must allow for revision and correction of previous data entries.7. The system must allow for removal of clients or information (such as erroneous or duplicate

    entries).8. The system must allow for data queries of all fields at both the local and state levels.

    9. The system must allow an ad-hoc reporting mechanism.10.The system must allow for data queries and reports to be exported to MS Excel.11. The system must require authentication so that only valid users may access the data.12. The system must provide access controls (e.g. security roles) so that users have appropriate

    access within the system.13. The system must allow a user to establish and change their own password.14. The system must adhere to State password policy.15. The system must allow for password resets by an administrative user.16. The system must have sufficient security controls to protect data both in motion and at rest.17. If the system is to be hosted on State of Montana equipment, it must comply with State standards.

    A java / Oracle solution is preferred.18.The system must be Health Insurance Portability and Accountability Act (HIPAA) and Health

    Information Technology for Economic and Clinical Health Act (HITECH) compliant.19.The system must have sufficient security controls in place per the National Institute of Standards

    and Technology (NIST).20.The federal reporting requirements have not been finalized. The system will need to allow fields as

    listed below. As the final federal reporting requirements are known there may be some changes tothese. For most measures the data must be collected and stored for multiple time points. For themost current federal report requirements see the Montana Proposed Benchmarks and ConstructsMeasures in attachment A. The data will be manually entered. All data entered into the fields mustbe adjustable.

    A. Client first nameB. Client last nameC. Client date of birthD. Client genderE. Client raceF. Client ethnicityG. Client health insurance statusH. Primary caregiver first nameI. Primary caregiver last nameJ. Primary caregiver date of birthK. Primary caregiver marital statusL. Primary caregiver raceM. Primary caregiver ethnicityN. Primary caregiver educational statusO. Primary caregiver health insurance status

    P. Family incomeQ. Number of family membersR. Enrollment and participation in benefit programs such as WIC, TANF, and SNAPS. Language most often used in the homeT. Visit dateU. Length of visitV. Prenatal careW. Parental use of alcohol, tobacco, or illicit drugsX. Preconception careY. Inter-birth intervals

    Z. Screening with Edinburgh Postnatal Depression Scale (EPDS), including date of screen andresults

    AA. Breastfeeding

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    BB. Well-child visits

    CC. Visits to the emergency department from all causes (child)DD. Visits of mothers to the emergency department from all causesEE. Information provided or training of participants on prevention of child injuriesFF. Incidence of child injuries requiring medical treatmentGG. Home Observation for Measurement of the Environment (HOME) Inventory; date of assessment

    and results by subscale.

    HH. Primary caregivers who receive knowledge of child development and of their childs developmenta

    processII. Ages and Stages Questionnaire (ASQ): date of assessment and results by subscale

    JJ. Ages and Stages Questionnaire: Social-Emotional (ASQ-SE): date of assessment and results bysubscale

    KK. Screening for domestic violenceLL. Of families identified for presence of domestic violence, number of referrals made to relevant

    domestic violence servicesMM. Of families identified for the presence of domestic violence, number of families for which a safety

    plan was completedNN. Number of hours primary caregivers spend in employment, educational opportunities, and infant

    caregiving

    OO. Family/caregiver need for family planning servicesPP. Referrals to family planning services and other community resourcesQQ. Number of Memoranda of Understanding or other formal agreements with other social service

    agencies in the communityRR. Number of agencies with which the home visiting provider has a clear point of contact in the

    collaborating community agency that includes regular sharing of information between agenciesSS. Number of completed referrals

    In the response the Offeror should include other functionalities not required but that would be value added.The items listed below are not required but are examples of value added functionality:

    1. Allows measures and indicators to be created without programmer involvement.2. Data conversion of individual-level data from an excel spreadsheet or other report format into the

    data system.

    3.4 HOSTING

    The Offeror shall provide a full, comprehensive written description of the hosting environment being proposed.The system could be hosted by the vendor or on Department of Public Health and Human Servicesequipment. The offeror may propose one or both options for consideration.

    3.5 MAINTENANCE AND OPERATIONS

    The Offeror shall provide a full, comprehensive written description of the maintenance and operationsservices they will provide. The Offeror shall possess the necessary experience and expertise to fully supportthe system after implementation. The Offerors responsibilities include:

    Thoroughly involve the Department and its agents in all activities under the contract as needed. Prepare all documents using Department approved format and software; submit copies to the

    Department in electronic and/or hard-copy form.

    Work with the Department to ensure that the system is well-behaved and operates efficiently.

    Treat the Department as the client to ensure that appropriate Department staff is involved in alldiscussions regarding technical and/or contractual issues.

    Meet with the Department regularly to discuss the status, performance, and operation of the system,or other matters of concern.

    Perform all work and meet all schedules as defined in the SOW, Contract, and Addenda. Track and report System performance data.

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    Meet with the Project Executive(s) as needed to discuss project status, performance, deliverables, orother issues / concerns.

    Operate and maintain the system in compliance with federal and state law in a manner which alsoassures continuous federal certification for the maximum enhanced federal funding available to theDepartment.

    3.6 TRAINING

    The Offeror shall provide a full, comprehensive written description of the training services they will provide.

    The Contractor shall be responsible for conducting training on the system, in conjunction with, or at therequest of, the Department. These training sessions will be conducted at the training sites designated by theDepartment. Most often, the training site is within the Helena area; however other locations may berequested. If additional travel costs are required for training outside the Helena area the travel costsassociated with that training will be paid on a Time and Materials basis, as agreed upon by the Department.Training may be accommodated by technological advances, such as Computer Based Training (CBT)products, web-based training, two-way interactive video, or WebEx. User training durations may vary,depending on the circumstance.

    This training will provide users with the knowledge and skills necessary to enable them to maintain a level ofuser proficiency adequate to meet workload performance standards, as defined by the Department. TheDepartment will ensure that a training facility, necessary equipment, and trainees are available for suchtraining.

    The Contractor shall be responsible for the development, provision, and distribution of training documents forthe system and must update training documents whenever a system modification requires specificinstruction.

    The Contractor will solicit training evaluations from trainees and submit them with summary results to theDepartment for each training session provided.

    All materials used in training programs will be reviewed for approval within 15 working days, upon receipt bythe Department. All materials distributed to users will identify the Department as the principal organization, butmay also contain information about the contractor.

    3.7 USER ACCEPTANCE TESTING

    The Offeror shall provide a full, comprehensive written description of the User Acceptance Testing (UAT)services they will provide.

    For UAT to be successful, it requires that all parties involved work collaboratively. UAT is required prior to golive of the system and may be required for future changes. Many changes or enhancements require only aninformal UAT. Others, however, require a more formal process be followed. For more formal UAT, the

    following process should be followed:

    The Department is responsible for the following: Determine if UAT is desired. Write the UAT Plan if needed. Create test cases and test scripts. Identify most test cases. Execute test scripts. Follow agreed upon control process.

    The Contractor is responsible for the following:

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    Review test plan and scripts for Contractor involvement. Identify additional test cases if necessary. Test changes prior to UAT. Follow agreed upon control process. Provide generic support such as technical assistance with servers, personal computers (PC), or

    connections. Be available for questions and problem research/resolution during UAT.

    3.8 GENERAL SECURITY AND CONFIDENTIALITY REQUIREMENTS

    The Offeror shall provide a full, comprehensive written description of the security and confidentiality controlsthey will provide.

    The Offeror shall implement and maintain appropriate and effective security controls for the work performedwithin the scope of this contract. As applicable, these controls should be based on the National Institutes ofStandards and Technology (NIST) information technology security standards, guidelines and specificationsand the Health Insurance Portability and Accountability Act (HIPAA) privacy and security rules.

    3.9 PROJECT MANAGEMENT

    The Offeror shall provide a full, comprehensive written description of the project management services theywill provide.

    The Offeror must designate a project manager for the work to be performed under this SOW. The projectmanager must be accessible to the Department at all times. The Department understands that some workunder this contract may be supported by staff in remote locations. The offeror may propose offsite resources,which must be identified in the Staffing section of the Project Management Plan approved by the Department.If remote staff is proposed, the offeror should provide additional information describing: How full support will be provided to the State for this project with remote staff. How remote staff will be managed.

    How production efforts and efficiencies will be successful with staff being located remotely. The number and category of staffing necessary to support the system.

    The Offeror shall complete the requirements of this RFP as a project following industry standards of ProjectManagement as described in the Project Management Body of Knowledge (PMBOK). The Offeror shallprovide a full, comprehensive written description of the PM methods to be used. These include, but are notlimited to: Change Control Communication Deliverables

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    SECTION 4: OFFEROR QUALIFICATIONS

    All subsections of Section 4 not listed in the "Instructions to Offerors" on page 3 require a response.Restate the subsection number and the text immediately prior to your written response.

    4.1 STATE'S RIGHT TO INVESTIGATE AND REJECT

    The State may make such investigations as deemed necessary to determine the offeror's ability to provide thesystem specified. The State reserves the right to reject a proposal if the information submitted by, orinvestigation of, the offeror fails to satisfy the State that the offeror is properly qualified to perform theobligations of the contract. This includes the State's ability to reject the proposal based on negativereferences.

    4.2 OFFEROR QUALIFICATIONS

    To enable the State to determine the capabilities of an offeror to provide the system specified in the RFP, theofferor shall respond to the following regarding its ability to meet the State's requirements. THE RESPONSE,"(OFFEROR'S NAME) UNDERSTANDS AND WILL COMPLY," IS NOT APPROPRIATE FOR THISSECTION.

    NOTE: Each item must be thoroughly addressed. Offerors taking exception to any requirementslisted in this section may be found nonresponsive or be subject to point deductions.

    4.2.1 Transmittal Letter. A transmittal letter must be submitted with each response. The transmittalletter must be submitted on official business letterhead and contain the firms name and address. The lettermust clearly indicate the name, title, mailing address, telephone number, and facsimile number of the offerorsrepresentative with the authority to bind the company to the proposal and to answer questions concerning theproposal. The transmittal letter must identify all materials and enclosures being forwarded as a response tothis RFP and must be signed by the individual authorized to commit the offeror company to the scope of workproposed. The transmittal letter must include:

    1. Disclosure of the intended use of subcontractors, if any. If no subcontractors are to be used, then astatement indicating that must be included.

    2. An attached completed W-9 form.

    4.2.2 References. Offeror shall provide a minimum of 3 references that are using or have usedsoftware and services of the type proposed in this RFP. The references may include entities for whom theofferor, preferably within the last 5 years, has successfully completed a centralized, web-based datamanagement system that is able to be accessed by multiple staff simultaneously. At a minimum, the offerorshall provide the company name, location where the software and services were provided, contact person(s),contact telephone number, e-mail address, and a complete description of the software and services provided,and dates of service. These references may be contacted to verify offeror's ability to perform the contract.The State reserves the right to use any information or additional references deemed necessary to establishthe ability of the offeror to perform the contract. Negative references may be grounds for proposaldisqualification.

    4.2.3 Company Profile and Experience. Offeror shall provide documentation establishing theindividual or company submitting the proposal has the qualifications and experience to provide the softwareand service specified in this RFP, including, at a minimum:

    a detailed description of any successfully completed similar centralized web-based past projects,including the dates the software and service were provided;

    the client for whom the services were provided; and

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    a general description of the firm including its primary source of business, organizational structureand size, number of employees, years of experience performing services similar to thosedescribed within this RFP.

    4.2.4 Resumes. A resume or summary of qualifications, work experience, education, and skills mustbe provided for all key personnel, including any subcontractors, who will be performing any aspects of thecontract. Include years of experience providing services similar to those required; education; and

    certifications where applicable. Identify what role each person would fulfill in performing work identified in thisRFP.

    4.2.5 Method of Providing Services. Offeror shall provide a work plan and the methods to be usedthat will convincingly demonstrate to the State what the offeror intends to do; the timeframes necessary toaccomplish the work; and how the work will be accomplished to meet the contract requirements as morespecifically detailed above in Section 3.

    4.2.6 Service Organization's Internal Control Assessment. Offerors responding to this solicitationwill be considered service organizations as defined in the American Institute of Certified Public Accountants'Statement on Auditing Standards Number 70 (SAS 70). Offerors must demonstrate they have effectiveinternal controls and safeguards over data and transactions to be maintained and/or processed on the State's

    behalf. Contractor shall pursue external audit services and provide findings to the State on an annual basis.4.2.7 Oral Presentation/Product Demonstration/Interview. Offerors must be prepared to have the

    key personnel assigned to this project complete a(n) oral presentation/product demonstration/interview inHelena, Montana. At the option of the State the presentation may be made via WebEx or other acceptablemeans. The State reserves the right to have presentations/demonstrations/interviews from only the three (3)highest scoring offerors.

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    SECTION 5: COST PROPOSAL

    All subsections of Section 5 not listed in the "Instructions to Offerors" on page 3 require a response.Restate the subsection number and the text immediately prior to your written response.

    5.1 COST CONSIDERATION

    The Cost Proposal must be submitted as a separate document from the Technical Proposal. The CostProposal must include a full and complete price to cover the offerors expenses that are anticipated asnecessary to carry out the requirements set forth in this RFP. Costs must be broken down into schedules, asshown below in Section 5.2.

    The offerors Cost Proposal must provide a clear and definite price for each of the products, services,resources, and labor that the offeror is proposing. The first years cost should include the cost of licensing forthree (3) years.

    The offeror shall detail the costs required to provide the software and services in this RFP. The costs shall besufficiently itemized to provide an understanding of which costs are associated with the different aspects of

    the RFP. The proposal should include the total price for the entire scope of this project and a breakdown forthe annual cost of the project.

    Offorers should also include hourly rates for additional work as agreed to and performed above the base levelof work proposed. For example, changes to the reports after the system is implemented.

    The maximum available funding for this RFP is $300,000 over the 3 year term.

    5.2 COST PROPOSAL

    Offerors shall use the following cost schedule when preparing their cost proposal.

    VENDOR HOSTED SOLUTIONYear 1 Year 2 Year 3

    TOTAL

    STATE HOSTED SOLUTIONYear 1 Year 2 Year 3

    TOTAL

    Staff Role Hourly Rates Pricing ScheduleStaff Role Hourly Rate

    Year 1

    Hourly Rate

    Year 2

    Hourly Rate

    Year 3

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    SECTION 6: EVALUATION PROCESS

    6.1 BASIS OF EVALUATION

    The evaluator/evaluation committee will review and evaluate the offers according to the following criteria

    based on a total number of1275points.

    The technical proposal evaluation will be worth 80% of the total evaluation points. The cost proposal will beevaluated separately and will equal 20% of the total evaluation points. Oral presentation/demonstration, ifdetermined necessary, will be worth an additional 200 points.

    SCORING GUIDE

    In awarding points to the evaluation criteria, the evaluator/evaluation committee will consider the followingguidelines:

    Superior Response (95-100%): A superior response is an exceptional reply that completely andcomprehensively meets all of the requirements of the RFP. In addition, the response may cover areas notoriginally addressed within the RFP and/or include additional information and recommendations that wouldprove both valuable and beneficial to the agency.

    Good Response(75-94%): A good response clearly meets all the requirements of the RFP anddemonstrates in an unambiguous and concise manner a thorough knowledge and understanding of theproject, with no deficiencies noted.

    Fair Response(60-74%): A fair response minimally meets most requirements set forth in the RFP. Theofferor demonstrates some ability to comply with guidelines and requirements of the project, but knowledge of

    the subject matter is limited.

    Failed Response(59% or less): A failed response does not meet the requirements set forth in the RFP.The offeror has not demonstrated sufficient knowledge of the subject matter.

    6.2 EVALUATION CRITERIA

    The technical proposals will be evaluated by the evaluation committee as described above in subsection 6.1,using the following evaluation criteria:

    Criterion RFP Sections Point Value

    Transmittal Letter (Complete Information Provided) 4.2.1 Pass/Fail

    Reference (Complete Information Provided) 4.2.2 Pass/Fail

    Service Organization's Internal Control Assessment 4.2.6 Pass/Fail

    Corporate Qualifications 10% of TOTAL points for a possible 125

    Criterion RFP Sections Point Value

    Experience 4.2.3 50Looking for: experience and depth ofknowledge to complete project successfully;good corporate references.

    Capabilities 4.2.3 75

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    Looking for: detailed experience that showsthe offeror has successfully completed projectsof similar scope and complexity.

    Technical Approach 70% of TOTAL points for a possible 900

    Criterion RFP Sections Point ValueUsage 3.1 50

    Software is accessible and usable by up to100 computers concurrently; system iscentralized; system is web-based.

    Ability to meet Specifications 3.2 150

    Response is detailed and specific andprovides enough information to determine thesolution could meet all the specifications listedin section 3.2 and whether each requirementalready exists or would be part of acustomization. Response is clear. Responsemay include additional functionality as a valueadd.

    Hosting 3.3 100Response has clear, specific, comprehensivedescription of hosting.

    Maintenance and Operations 3.4 100

    Response has clear, specific, comprehensivedescription of maintenance and operations thatmeets the needs of the Department.

    Training 3.5 100

    Response has clear, specific, comprehensivedescription of training that meets the needs ofthe Department.

    User Acceptance Testing 3.6 100Response has clear, specific, comprehensivedescription of UAT that meets the needs of thedepartment.

    Approach to ensuring security and confidentiality 3.7 50Response indicates understanding of thesecurity and confidentiality needs and theability to provide those.

    Project Management approach 3.8 100Response indicates understanding of PMactivities, approaches. Describes a good PMapproach to the project.

    Method of Providing Services 4.2.5 150Response comprehensively defines/describesthe method of providing services, work plan isclear and timelines adequate.

    Cost Proposal 20% of TOTAL points for a possible 250

    Cost Proposal 5.1 250

    Cost proposal score will be on the TOTALscore of years 1 through 3 and does notinclude the hourly rates

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    Lowest overall cost receives the maximum allotted points. All other proposals receive a percentage of thepoints available based on their cost relationship to the lowest. Example: Total possible points for cost are200. Offeror A's cost is $20,000. Offeror B's cost is $30,000. Offeror A would receive 200 points. Offeror Bwould receive 134 points ($20,000/$30,000) = 67% x 200 points = 20).

    Lowest Responsive Offer Total Cost x Number of available points = Award PointsThis Offeror's Total Cost

    If oral presentations/demonstrations are determined to be necessary, they will be evaluated by the evaluationcommittee using the following evaluation criteria:

    Technical scores may be adjusted based on clarifications to technical proposals received during oralpresentations or staff interviews.

    Oral Presentations (At State's Request) Additional possible points of 200

    Criterion RFP Section Point Value

    Demonstration of understanding of the Departments needsand approach

    75

    Demonstrations of the skills, knowledge, and abilities toprovide the desired services

    75

    Capability of the presentation team to communicateeffectively with each other and with the State, based onpresentation

    30

    Overall effectiveness of presentation 20

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    APPENDIX A: STANDARD TERMS AND CONDITIONS

    Standard Terms and Conditions

    By submitting a response to this invitation for bid, request for proposal, limited solicitation,

    or acceptance of a contract, the vendor agrees to acceptance of the following StandardTerms and Conditions and any other provisions that are specific to this solicitation orcontract.

    ACCEPTANCE/REJECTION OF BIDS, PROPOSALS, OR LIMITED SOLICITATION RESPONSES: TheState reserves the right to accept or reject any or all bids, proposals, or limited solicitation responses, whollyor in part, and to make awards in any manner deemed in the best interest of the State. Bids, proposals, andlimited solicitation responses will be firm for 30 days, unless stated otherwise in the text of the invitation forbid, request for proposal, or limited solicitation.

    ALTERATION OF SOLICITATION DOCUMENT:In the event of inconsistencies or contradictions betweenlanguage contained in the States solicitation document and a vendors response, the language contained in

    the States original solicitation document will prevail. Intentional manipulation and/or alteration of solicitationdocument language will result in the vendors disqualification and possible debarment.

    AUTHORITY: The attached bid, request for proposal, limited solicitation, or contract is issued under authorityof Title 18, Montana Code Annotated, and the Administrative Rules of Montana, Title 2, chapter 5.

    CONFORMANCE WITH CONTRACT: No alteration of the terms, conditions, delivery, price, quality,quantities, or specifications of the contract shall be granted without prior written consent of the StateProcurement Bureau. Supplies delivered which do not conform to the contract terms, conditions, andspecifications may be rejected and returned at the contractors expense.

    DEBARMENT: The contractor certifies, by submitting this bid or proposal, that neither it nor its principals are

    presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fromparticipation in this transaction (contract) by any governmental department or agency. If the contractor cannotcertify this statement, attach a written explanation for review by the State.

    DISABILITY ACCOMMODATIONS: The State of Montana does not discriminate on the basis of disability inadmission to, access to, or operations of its programs, services, or activities. Individuals who need aids,alternative document formats, or services for effective communications or other disability-relatedaccommodations in the programs and services offered are invited to make their needs and preferencesknown to this office. Interested parties should provide as much advance notice as possible.

    FACSIMILE RESPONSES: Facsimile responses will be accepted for invitations for bids, small purchases, orlimited solicitations ONLY if they are completely received by the State Procurement Bureau prior to the time

    set for receipt. Bids, or portions thereof, received after the due time will not be considered. Facsimileresponses to requests for proposals are ONLY accepted on an exception basis with prior approval of theprocurement officer and ONLY if they are completely received by the State Procurement Bureau prior to thetime set for receipt. Responses to RFPs, or portions thereof, received after the due time will not beconsidered.

    FAILURE TO HONOR BID/PROPOSAL: If a bidder/offeror to whom a contract is awarded refuses to acceptthe award (PO/contract) or fails to deliver in accordance with the contract terms and conditions, thedepartment may, in its discretion, suspend the bidder/offeror for a period of time from entering into anycontracts with the State of Montana.

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    FORCE MAJEURE: Neither party shall be responsible for failure to fulfill its obligations due to causes beyondits reasonable control, including without limitation, acts or omissions of government or military authority, actsof God, materials shortages, transportation delays, fires, floods, labor disturbances, riots, wars, terrorist acts,or any other causes, directly or indirectly beyond the reasonable control of the nonperforming party, so longas such party is using its best efforts to remedy such failure or delays.LATE BIDS AND PROPOSALS: Regardless of cause, late bids and proposals will not be accepted and willautomatically be disqualified from further consideration. It shall be solely the vendors risk to ensure deliveryat the designated office by the designated time. Late bids and proposals will not be opened and may bereturned to the vendor at the expense of the vendor or destroyed if requested.

    PAYMENT TERM: All payment terms will be computed from the date of delivery of supplies or services ORreceipt of a properly executed invoice, whichever is later. Unless otherwise noted in the solicitation document,the State is allowed 30 days to pay such invoices. All contractors will be required to provide bankinginformation at the time of contract execution in order to facilitate State electronic funds transfer payments.

    RECIPROCAL PREFERENCE: The State of Montana applies a reciprocal preference against a vendorsubmitting a bid from a state or country that grants a residency preference to its resident businesses. Areciprocal preference is only applied to an invitation for bid for supplies or an invitation for bid fornonconstruction services for public works as defined in section 18-2-401(9), MCA, and then only if federalfunds are not involved. For a list of states that grant resident preference, seehttp://gsd.mt.gov/ProcurementServices/preferences.mcpx.

    REFERENCE TO CONTRACT: The contract or purchase order number MUST appear on all invoices,packing lists, packages, and correspondence pertaining to the contract.

    REGISTRATION WITH THE SECRETARY OF STATE: Any business intending to transact business inMontana must register with the Secretary of State. Businesses that are incorporated in another state orcountry, but which are conducting activity in Montana, must determine whether they are transacting businessin Montana in accordance with sections 35-1-1026 and 35-8-1001, MCA. Such businesses may want to obtainthe guidance of their attorney or accountant to determine whether their activity is considered transactingbusiness.

    If businesses determine that they are transacting business in Montana, they must register with the Secretaryof State and obtain a certificate of authority to demonstrate that they are in good standing in Montana. Toobtain registration materials, call the Office of the Secretary of State at (406) 444-3665, or visit their website athttp://sos.mt.gov.

    SEPARABILITY CLAUSE:A declaration by any court, or any other binding legal source, that any provision ofthe contract is illegal and void shall not affect the legality and enforceability of any other provision of thecontract, unless the provisions are mutually dependent.

    SHIPPING: Supplies shall be shipped prepaid, F.O.B. Destination, unless the contract specifies otherwise.

    SOLICITATION DOCUMENT EXAMINATION: Vendors shall promptly notify the State of any ambiguity,

    inconsistency, or error which they may discover upon examination of a solicitation document.

    TAX EXEMPTION: The State of Montana is exempt from Federal Excise Taxes (#81-0302402).

    TECHNOLOGY ACCESS FOR BLIND OR VISUALLY IMPAIRED: Contractor acknowledges that no statefunds may be expended for the purchase of information technology equipment and software for use byemployees, program participants, or members of the public unless it provides blind or visually impairedindividuals with access, including interactive use of the equipment and services, that is equivalent to thatprovided to individuals who are not blind or visually impaired. (Section 18-5-603, MCA.) Contact the StateProcurement Bureau at (406) 444-2575 for more information concerning nonvisual access standards.

    RFP-1301JG, MIECHV Project, Page 25

    http://gsd.mt.gov/ProcurementServices/preferences.mcpxhttp://sos.mt.gov/http://sos.mt.gov/http://gsd.mt.gov/ProcurementServices/preferences.mcpxhttp://sos.mt.gov/
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    U.S. FUNDS: All prices and payments must be in U.S. dollars.

    WARRANTIES:

    Warranty for Services:The contractor warrants that it performs all services using reasonable care and skill and according to itscurrent description (including any completion criteria) contained in this contract. State agrees to providetimely written notice of any failure to comply with this warranty so that the contractor can take correctiveaction.

    Warranty for Software: Upon initial installation of the software or for a period of ninety (90) days from thedate of receipt of software, the contractor warrants that: (i) the unmodified software will provide the featuresand functions, and will otherwise conform to all published documentation including on the contractor'swebsite; and (ii) the media upon which the software is furnished will be free from defects in materials andworkmanship under normal use and service.

    Warranty for Hardware:The contractor warrants that hardware provided is free from defects in materials and workmanship andconforms to the specifications.

    The warranty period for provided hardware is a fixed period commencing on the date specified in a statementof work or applicable contract. If the hardware does not function as warranted during the warranty period andthe contractor is unable to either: i) make it do so; or ii) replace it with one that is at least functionallyequivalent, State may return it to the contractor for a full refund.

    The parties agree that the warranties set forth above do not require uninterrupted or error-free operation ofhardware or services unless otherwise stated in the specifications.

    THESE WARRANTIES ARE THE STATES EXCLUSIVE WARRANTIES AND REPLACE ALL OTHERWARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THEIMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULARPURPOSE.

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    APPENDIX B: CONTRACT

    1. Parties2. Purpose3. Term of Contract Contract Contingent on Funding6. Services to be Provided

    7. Consideration and Payments8. Creation and Retention of Records9. Accounting, Cost Principles, and Audit10. Related Party Transactions Prohibited11. Assignment, Transfer, Delegation, and Subcontracting13. Limitation of Liability14. Indemnification15. Insurance Coverage16. Compliance with Business, Tax, Labor, and Other Laws18. Intellectual Property/Ownership19. Patent and Copyright Protection20. Contract Oversight

    21. Civil Rights22. Federal Requirements23. Confidentiality of Personal Information and Compliance with the Federal HIPAA and HITECH Privacy

    and Security Requirements24. Business Associate Obligations25. Business/Corporate Trade Secret and Other Proprietary Information and Public Access26. Property27. Public Information and Disclaimers28. Technology Access for Persons Who Are Blind or Visually Impaired33. Registration of Out of State Entities34. Department Personnel35. Contractor Personnel

    36. Meetings and Reports37. Performance Assessments, Corrective Actions, and Penalties38. Contractor Performance Assessments39. Event of Breach Remedies40. Waiver of Breach41. Force Majeure42. Contract Termination43. Transition Assistance44. Choice of Law, Remedies, and Venue46. Scope, Amendment, and Interpretation of Contract

    Attachment A: Contractors RFP Response or Statement of Work

    Attachment B: Project BudgetAttachment C: Departments Certification Form (12-06)Attachment D: OMB 424B (Rev. 7-97) FormAttachment E: Standard Form LLLAttachment F: Sources of HIPAA InformationAttachment G: Departments Notice of Privacy PracticesAttachment H: Definitions (Optional)

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    CONTRACT FROM THE MONTANADEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES

    CONTRACT NUMBER

    1.0 PARTIES

    THIS CONTRACT, is entered into between the Montana Department of Public Health and HumanServices, (hereinafter referred to as the "Department"), whose address, phone number, and email address are

    ____________, P.O. Box 4210, Helena, Montana 59604, 406-444-____, and ____________________ and th________________________________________ whose nine digit Federal ID Number is___________________________, and whose address, phone number, and email addressare____________________, __________________, ________________, ______, ____________,.___.___._____, and __________________.

    THE PARTIES AGREE AS FOLLOWS:

    2.0 PURPOSE

    The purpose of this Contract is to obtain and maintain a data management system for the Maternal,Infant, and Early Childhood Home Visiting (MIECHV) program. The system will collect client and programdata and have reporting functions for client and program-level data.

    3.0 TERM OF CONTRACT CONTRACT CONTINGENT ON FUNDING

    3.1 The term of this Contract for the purpose of delivery of services is from insert commencement datethrough insert end date unless terminated otherwise in accordance with the provisions of this

    Contract. This Contract may be extended at one-year intervals, or any interval advantageousto the State, up to a total (contract and all renewals) of ten years if the parties agree to theextension in writing at least thirty (30) days prior to the end of the current term of this Contract

    3.2 The term of this Contract may terminate for purposes of performance, but not with respect tocompliance requirements, at any time during the term of this Contract if the Department determines 1)that the monies to fund this Contract are no longer available as a whole or in part through federal orstate appropriation or authorization; or 2) the Contractor is failing as determined by the Department tomeet any of the performance, fiscal and reporting requirements under this Contract.

    3.3 The completion date of performance for purposes of issuance of final payment under this Contract isthe date upon which the Department determines that: 1) there remain no further performance

    requirements or corrective actions to be performed by the Contractor; and 2) all final reports asrequired under this Contract are appropriately submitted and are satisfactory in form and content asdetermined by the Department.

    3.4 The Contractor, after termination of this Contract, remains subject to and obligated to comply with alllegal and continuing contractual obligations arising in relation to its duties and responsibilities that mayarise under this Contract including, but not limited to, state and federal reporting requirements, recordretention, providing access and information for audits, indemnification, insurance, the protection ofconfidential information, recipient grievances and appeals, and property ownership and use.

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    4.0 SERVICES TO BE PROVIDED

    The Contractor must provide the following services as more fully described inAttachment A to thisContract:

    Development/provision and maintenance of a data management system that will collect and reportclient and program data.

    5.0 CONSIDERATION AND PAYMENTS

    5.1 Reimbursement

    In consideration of the services to be provided through this Contract, the Contractor is to receivereimbursement from the Department for services rendered as follows:

    Insert consideration total and payment schedule

    5.2 Billing for Performance

    The Contractor may only bill for services that have been performed.

    5.3 Billing Procedures and Requirements

    THIS SECTION TO BE USED WHEN THE EXPENDITURES UNDER THE CONTRACT AREBUDGET OR COST BASED OR REQUIRE OTHER SIMILAR ACCOUNTABILITY.

    The Contractor must bill in accordance with the procedures and requirements adopted by theDepartment. The Contractor must submit invoices itemizing all services and expenses forreimbursement on forms provided by the Department. Invoices must be submitted to the Departmentin accordance with the following schedule:

    Insert schedule.

    5.4 Expenditures of Monies to be in Conformance with Authorities

    The monies provided through this Contract must be expended in accordance with the federal and stateauthorities governing: 1) the delivery of the contracted for services, 2) the receipt and expenditure ofthe monies provided through this Contract, and 3) the conduct of the Contractor as a contractor for theState.

    5.5 Withholding for Failure to Perform

    The Department may withhold payment at any time during the term of the Contract and may withholdfinal payments under the Contract, if the Contractor is failing to perform its duties and responsibilitiesin accordance with the terms of this Contract and other authorities governing: 1) the delivery of thecontracted for services, 2) the receipt and expenditure of the monies provided through this Contract,and 3) the conduct of the Contractor as a contractor for the State.

    5.6 Erroneous and Improper Payments

    The Contractor may not retain any payments made by the Department that are erroneously made orimproperly obtained by the Contractor, its employees, or its agents. An erroneously made payment orimproperly received payment is a debt of the Contractor owing to the Department. The Contractormust immediately notify the Department upon determination that a payment may be erroneous orimproper. The Contractor is obligated to return an erroneous or improper payment within 30 days of

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    the Departments request that the payment be returned. If the Contractor does not return the payment,the Department may deduct the payment from any future payments to be made to the Contractor. TheDepartment may recover an erroneous or improper payment by a means available under law orthrough this Contract.

    5.7 Sources of Funding

    The sources of the funding for this Contract are federal grants from the U.S. Department of Healthand Human Services, CFDA 93.505, award number 6 D89MC23152-01-01.

    5.8 Total Reimbursement Available

    The total reimbursement provided to the Contractor for the purposes of this Contract may not exceedinsert total amount.

    5.9 Other Programs as Payers for Services

    The monies provided through this Contract may not be applied as reimbursement for the costs ofservices to the extent that those services may be reimbursed, in whole or in part, from other programsand sources.

    5.10 Non-Duplication of Payment

    The monies provided through this Contract must be expended in accordance with the federal and stateauthorities governing: 1) the delivery of the services denoted in this Contract, 2) the receipt andexpenditure of the monies provided through this Contract, and 3) the conduct of the Contractor as acontractor for the State.

    6.0 CREATION AND RETENTION OF RECORDS

    6.1 The Contractor must maintain records documenting compliance with the performance and financialrequirements stated in federal and state law and in this Contract along with incorporated attachments.Records include all written and electronic documents memorializing and reporting on performance andfinancial accounting and any other documents as required by this Contract, state and federal laws, orother authorities or as otherwise maintained by the Contractor. The Contractor, upon request, mustmake these records available in a timely and unrestricted manner to the Department, the federalDepartments of Health and Human Services, Education, Energy, and Agriculture and to otherauthorized federal and state entities, their auditors, investigators and agents.

    6.2 Records must be retained for a period of eight years from the completion date of this Contract. If anylitigation, review, claim or audit is started before the expiration of the eight year period, the recordsmust be retained until all litigation, reviews, claims or audit findings involving the records have beenresolved.

    6.3 The Contractor must provide the Department and its authorized agents with reasonable access torecords the Contractor maintains for purposes of this Contract. The Contractor must make the recordsavailable at all reasonable times at the Contractors general offices.

    6.4 Records developed for the purposes of delivery of services to consumers under this Contract are theproperty of the Department and must be developed, maintained, and disposed of as provided in thisContract or as otherwise directed by the Department.

    7.0 ACCOUNTING, COST PRINCIPLES, AND AUDIT

    7.1 Accounting Standards

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    The Contractor must maintain for the purposes of this Contract an accounting system of procedures anpractices that conforms to Generally Accepted Accounting Principles (GAAP), as interpreted by theDepartment and other pertinent federal and state authorities, and that conforms to any other accountinrequirements required by the Department or other entities or that may be required under 18-4-311, MCor any pertinent federal and state authorities. The Department in its discretion may accept compliancefor purposes of this section through the adoption by the Contractor of and the Contractors conformancwith the International Financial Reporting Standards (IFRS).

    7.2 Internal Controls

    The Contractor must maintain and document an adequate system of internal controls that address thefive elements of internal controls: 1) the control environment, 2) the risk environment, 3) the riskassessment, 4) the control activities, 5) information, communications, and monitoring.

    7.3 Separate Accounting of Funding

    The Contractor must separately account for and report the source, the receipt, and the expenditure ofthe different types of program funding received from the Department under this Contract. Except as mabe expressly allowed for under this Contract, each different fund of monies must be kept separate andmay not be diverted or commingled.

    7.4 Audits and Other Investigations

    The Department, the federal Department of Health and Human Services, Agriculture, Energy, orEducation and other authorized federal and state entities, their auditors, investigators and agents, inaccordance with this Contract and applicable legal authorities, may conduct at any time during or afterthe term of this Contract audits and other investigations to assure the appropriate administration andexpenditure of the monies provided to the Contractor through this Contract and to assure the appropriaadministration and delivery of services delivered through this Contract.

    7.5 Records Access

    The Contractor during the term of this Contract and for eight years thereafter must provide, inaccordance with 18-1-118, MCA and other pertinent federal and state authorities, access to all of theContractors records, materials and information including any and all audit reports with supportingmaterials and work documents pertinent to the delivery of services provided under this Contract. Accesis to be available for purposes of audit and other administrative activities and investigations. Accessmust be provided in a timely and unrestricted manner and in a format acceptable to the Department.

    Access is to be available for the Department, and as applicable, the federal Departments of Health andHuman Services, Agriculture, Energy, or Education, and other authorized federal and state entities, theauditors, investigators and agents. The entities and their agents may record any information and makecopies of any materials necessary for the conduct of an audit or other administrative activity orinvestigation.

    7.6 Corrective Action

    The Contractor must, as directed by the Department or other auditing and investigatory entities, takecorrective action to resolve audit findings. The Contractor must prepare a corrective action plan thatspecifies the particular audit findings necessitating corrective action and the actions the Contractorproposes to undertake. The Department may direct the Contractor to modify the corrective action planas the Department determines is necessary and appropriate.

    7.7 Reimbursement for Sums Owing

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    The Contractor must reimburse the Department or compensate the Department in any other manner asthe Department may direct for any sums of monies determined by an audit or other administrativeactivity or investigation to be owing to the Department.

    Alternative 1:

    7.8 Nonprofit Requirements

    A non-profit Contractor, if receiving $500,000 or more in federal funds from any and all federal fundingsources, other than those monies received through a standardized rate reimbursement system, mustcomply with the accounting and audit requirements of Federal Office of Management and Budget (OMBCircular A-133, "Audits of States, Local Governments, and Non-Profit Organizations" and the provisionof OMB Circular "A-122, Cost Principles for Non-Profit Institutions" concerning the use of the fundsprovided under this Contract.

    Alternative 2:

    7.8 For Profit Requirements

    A for-profit Contractor, receiving monies other than through a standardized rate reimbursement systemmust comply with the accounting and audit requirements in 45 CFR 74.26(d) and the cost principles anprocedures for commercial organizations in 48 CFR 31 concerning the use of the funds provided undethis Contract in the version in effect on the date this Contract is designed by both parties. Pursuant to 4CFR 74.26(d), a "for-profit" organization may either have an audit conducted in accordance with theFederal Office of Management and Budget (OMB) Circular A-133, "Audits of States, Local Governmentand Non-Profit Organizations" or the Government Auditing Standards.

    Alternative 3:

    7.8 Post-Secondary Educational Institutions Requirements

    The Contractor must comply with the accounting and audit requirements of Federal Office of

    Management and Budget (OMB) Circular A-133, "Audits of States, Local Governments, and Non-ProfitOrganiza