rfp #2014-44, financial and human resources management ... · time for the purpose of selecting a...

RFP #2014-44, Financial and Human Resources Management Information System

Software, Hardware and Services

DEADLINE FOR SUBMISSION OF PROPOSALS: January 30, 2014, at 4:00 p.m. Local Time

Pre-proposal meeting will be held:

Thursday, December 12, 2013, 1:00 p.m. Local Time at:

Washington County Public Schools

Administration Building Auditorium

820 Commonwealth Avenue Hagerstown, Maryland 21740

Telephone 301-766-2841

Deadline for Questions: January 16, 2014

Lisa Freeman, C.P.M., Supervisor of Purchasing and

Arnold Hammann, Director of Information Management & Instructional Technology

11/27/2013

Enclosed are bid forms, instructions, specifications, terms and conditions for submitting a proposal for the provision, installation, data migration and management, and support services for a new system-wide Financial and Human Resources Management Information System.

Financial & Human Resources Information Management System Washington County Public Schools RFP # 2014-44 Due Date: 4:00 p.m. on January 30, 2014

2

TABLE OF CONTENTS

PROCUREMENT SCHEDULE Page 3

Part I—GENERAL INFORMATION Page 4 - 14 Part II—PROPOSAL REQUIREMENTS Page 15 - 19 Part III—CRITERIA FOR SELECTION 0

Part IV— SPECIFICATIONS- GENERAL Page 21 - 23 PART V- SPECIFICATIONS – SPECIFIC FUNCTIONAL REQUIREMENTS Page 24 - 32 PART VI – WCPS’ STANDARD TERMS AND CONDITIONS and

HIPPA COMPLIANCE Page 33 - 39

PART VII – BID/PROPOSAL AFFIDAVIT FORM Page 40-43 PART VIII – MANDATORY CONTRACT ADDENDUM Page 44 -46 PART IX – NO BID REPLY FORM Page 47 APPENDIX – PRICE PROPOSAL FORM (6 TOTAL FORMS) Page 48 – 51 Plus Forms 2 - 6

APPENDIX - TECHNICAL FUNCTIONAL RESPONSE MATRIX 14 Pages

Financial and Human Resource Information Mgmt. System Washington County Public Schools

RFP # 2014-44 Due Date: 4:00 p.m. on January 30, 2014

3

PROCUREMENT SCHEDULE

Washington County Public Schools (“WCPS”) will make every effort to adhere to the following procurement schedule:

Activity Date

Pre-proposal Conference: WCPS, Administration Building, Auditorium, 820 Commonwealth Ave., Hagerstown, Maryland 21740

Thursday, December 12, 2013

1:00 PM

Deadline to submit questions via email to [email protected]

January 16, 2014

Answers to prospective Offerors’ questions issued via final Addendum.

January 21, 2014

Final date for submission of sealed proposals to the Purchasing Department at WCPS Administration Building, 820 Commonwealth Ave., Hagerstown, Maryland 21740.

January 30, 2014

4:00 PM

Evaluation of proposals (2 weeks)

Software demonstration/presentation to the RFP Evaluation Committee, WCPS Auditorium

February 18- 20, 2014

A recommendation for award of the RFP is presented to the Procurement Review Committee (“PRC”) of WCPS.

February 26, 2014

Upon approval by PRC, a recommendation for award is presented to the WCBOE for consideration in public business meeting.

March 4, 2014

Pre-implementation planning /business process review begins immediately after award.

March 14, 2014- June 30, 2014 (3.5 months)

Goal date for start of implementation/conversion of key areas in accordance with selected Offeror’s proposal.

July 1, 2014- June 30, 2015 (12 months) preferred as

subject to change based upon proposal time line.

mailto:[email protected]




4

PART I

GENERAL INFORMATION Purpose This request for proposal (“RFP”) provides to those companies interested in submitting a proposal for the subject procurement (“Offerors”) sufficient information to enable them to prepare and submit a responsive proposal to Washington County Public Schools (“WCPS”). The Board of Education of Washington County (“WCBOE”) is the legal entity and governing authority that will award any resulting contract. WCPS is interested in receiving proposals at this time for the purpose of selecting a system-wide Financial and Human Resources Management Information System, (“F&HRMIS”). The F&HRMIS system will integrate internal and external management of information across the school system—including finance/accounting, budgeting, purchasing, human resources, payroll, and asset inventory. The preferred F&HRMIS system will automate this activity with an integrated software application and facilitate information flow between all business functions inside the school system, and manage connections to outside stakeholders. The F&HRMIS is similar to an Enterprise Resource Planning (“ERP”) software system except the business flow functions are matched to a public sector, K-12 education environment rather than a manufacturing or other type organization. The extent of integration, management and compatibility of these functional areas will be an important consideration in the evaluation of F&HRMIS solutions. The software system will provide electronic data storage and management for accounts payables and receivables, budget, payroll, fixed assets, requisition/purchase order processing, employee data including benefits choices, salary, disciplinary action; timecards; on-line job applications and screening; and other functional areas identified in the technical specifications. Sponsoring Director The Purchasing Department has issued this RFP for the Department of Information Management and Instructional Technology (“IT Dept.”) Mr. Arnold Hammann, Director of the IT Department, is responsible for the technical specifications and service requirements outlined herein. After award, Mr. Hammann, or his designee, will supervise the project and administer the contract. The sole point of contact for this RFP is Lisa Freeman, C.P.M., Supervisor of Purchasing, Washington County Public Schools, 820 Commonwealth Ave., Hagerstown, Maryland 21740. Please refer all inquiries about this RFP to Lisa Freeman, at email: [email protected], telephone 301-766-2842, facsimile 301-766-2859. Scope This RFP contains instructions governing the requested proposal, including the requirements for the information and materials to be included; a description of the services to be provided; requirements which Offerors must meet in order to be eligible for consideration; general terms and conditions; specific terms and conditions, proposal forms and other information applicable to this RFP. Procurement Objectives The objective of this procurement is to select the company and software which will best meet WCPS’s needs for improved data integration, increased efficiencies in managing financial and employee data, streamline and improve processes such as requisition and payment approvals, improve access to complex data for analysis and reporting purposes, ensure integrity and reliability, and security of data, for WCPS. The objective is to obtain an enterprise system that provides an integrated solution for the Finance, Human Resources Departments and schools. WCPS prefers to use a single vendor who provides all services, including hardware, software, installation, training, conversion and other services as required, but will consider working with two vendors if such an award will serve the best interest of WCPS. The proposed software and hardware must be capable of satisfying the increasing information demands of WCPS through periodic upgrades and expansion. The system shall align with the goals of the Maryland State Department of Education (“MSDE”) Maryland Education Technology Plan. WCPS is seeking an integrated Financial and Human

http://en.wikipedia.org/wiki/Finance

http://en.wikipedia.org/wiki/Accounting

http://en.wikipedia.org/wiki/Software




5

Resources System to perform financial, human resources and payroll processes, in order to meet its current and future business requirements for the WCPS management operations. WCPS will consider proposals which provide for data and software loaded on WCPS-owned and managed servers, stored on WCPS premises, as well as web-hosted systems (software as service or “SAS”) whereby the Offeror stores and maintains WCPS data on its own servers. A storage plan that combines both of these scenarios is also acceptable to WCPS. In the proposal, each offeror shall identify the amount of electronic storage that is required to support the optimal performance and operation of the F&HRMIS. The proposal should be explicit as to the proposed information architecture (logical structure and approximate sizing), reliability, and performance standards. The SYSTEM must provide for security of financial and personnel data, allowing for reporting and processing financial and human resources transaction activities. The system must utilize secure and unique ID numbers and a security portal with authentication and authorization capabilities sufficient to protect data from unauthorized access and cyber-attacks. Type of Contract If the WCBOE enters into a contract as a result of this RFP, it will be a firm, fixed price deliverables-based contract, including milestone dates and performance guarantees, if offered. The Supervisor of Purchasing, acting on behalf of the RFP Evaluation Committee, may undertake price negotiations with Offerors whose proposals, in the judgment of the RFP Evaluation Committee, show them to be qualified, responsible and capable of performing the Project. It is expected that the contract will consist of the following: Perpetual Software License Agreement; Exhibit A. Price Details; Exhibit C. Business Expense Policy (Standard Bill Rates for Supplemental Services); Exhibit C. Software Support Services; Exhibit D. Implementation Services; Exhibit E. Any required Consent Form(s); Exhibit F. WCPS’ Mandatory Contract Addendum; Exhibit G. WCPS’ Supplemental Terms and Conditions: Exhibit H. Insurance Policy. Rejection of Proposals The WCBOE reserves the right to cancel the solicitation for proposals prior to the proposal due date, or, after the due date, reject any or all proposals, without explanation and for any reason, and/or issue a post-bid addendum to ask for revised pricing from all participating and qualified bidders. Proposal(s) may be rejected for one or more of the following reasons:

Failure of the bidder(s) to provide the requested information.

Failure of the bidder(s) to respond to any question, request for information, clarification, presentation, or interview.

Failure of the bidder(s) to follow the prescribed instructions for proposal preparation, submission, and response format.

Collusion, or the appearance of collusion, among or between firms.

Lack of responsibility on the part of the bidder, as determined by the Supervisor of Purchasing.

Submission of a proposal, in whole or in part, that does not meet bid specifications as outlined herein.



6

Evidence submitted by, or investigation of, bidder fails to satisfy WCPS that bidder is sufficiently experienced and qualified to carry out the obligations of the contract contemplated herein.

Other irregularities or inconsistencies within a proposal deemed significant deviations or issues by the Supervisor of Purchasing.

Incurring Costs The WCPS is not liable for any costs the Offerors incur in preparation and submission of a proposal, participation in the RFP process, or in anticipation of receiving the award of the contract. Pre-proposal Conference The WCPS will hold a Pre-proposal Meeting as noted in the Procurement Schedule. The purpose of this meeting is to clarify any RFP points the Offerors may not clearly understand. Offerors should submit all questions in writing to the Supervisor of Purchasing in the Purchasing Department in accordance with Section I-9. All questions and written answers will be issued in writing as addenda to, and shall become part of, this RFP. Attendance at the Pre-proposal Meeting is optional. All questions and subsequent answers will be provided in writing to all bidders. Questions & Answers If an Offeror has any question regarding this RFP, the Offeror must submit the questions by email or fax to the Supervisor of Purchasing (with the subject line “F&HRMIS RFP Question”) to [email protected] or facsimile at: 301-766-2859, NO LATER THAN the date indicated on the Procurement Schedule. The Offerors shall not attempt to contact the WCPS by any other means. The WCPS/BOE shall not be bound by any verbal information nor shall it be bound by any written information that is not either contained within the RFP or formally issued as an addendum by the Purchasing Department. Addenda to the RFP If the Purchasing Supervisor deems it necessary to revise any part of this RFP before the proposal response date, the Purchasing Department will issue an addendum to the RFP. Response Date To be considered for selection, copies of proposals must arrive at the Purchasing Department on or before the time and date specified in the Procurement Schedule. The Supervisor of Purchasing will not accept proposals via email or facsimile transmission. Offerors who send proposals by mail or other delivery service should allow sufficient delivery time to ensure their timely receipt. If the Purchasing Department is closed on the proposal response date, the deadline for submission will be automatically extended until the next WCPS business day on which the office is open, unless the Purchasing Department otherwise notifies Offerors. The hour for submission of proposals shall remain the same. The Supervisor of Purchasing will reject, unopened, any late proposals. Proposals To be considered, Offerors should submit a complete response to this RFP, using the format provided in Part II, providing six (6) paper copies of the technical proposal to the Purchasing Department. In addition to the paper copies of the technical proposal, Offerors shall submit one complete and exact copy of the technical proposal and one complete and exact copy of the cost proposal on separate CD-ROMs in Microsoft Office or Microsoft Office-compatible format. The CD should clearly identify the Offeror. Offeror is required to provide only one hard copy of the Cost Proposal. The CD of cost proposal must be placed inside the sealed envelope containing the hard copy of cost proposal. No other distribution of proposals shall be made by the Offeror.




7

Proposals must be signed by an official authorized to bind the Offeror to its provisions. Moreover, the contents of the proposal of the selected Offeror will become contractual obligations if a contract is entered into. For this RFP, the proposal must remain a valid offer for one hundred eighty (180) days or until a contract is fully executed. Each Offeror submitting a proposal specifically waives any right to withdraw or modify it, except that the Offeror may withdraw its proposal by written notice received at the Purchasing Department’s address for proposal delivery prior to the exact hour and date specified for proposal receipt. An Offeror or its authorized representative may withdraw its proposal in person prior to the exact hour and date set for proposal receipt, provided the withdrawing person provides appropriate identification and signs a receipt for the proposal. An Offeror may modify its submitted proposal prior to the exact hour and date set for proposal receipt only by submitting a new sealed proposal or sealed modification which complies with the RFP requirements. Economy of Preparation Offerors should prepare proposals simply and economically, providing a straightforward, concise description of the Offeror’s ability to meet the requirements of the RFP.

Alternate Proposals The Finance, Human Resources and the IT Departments have identified the basic performance /functional characteristics needed in the F&HRIMS solution. The F&HRIMS solution should meet WCPS’ current needs and provide for the possibility of expansion and improving integration/data management opportunities for many years in the future. All offerors should endeavor to submit a proposal which as closely as possible complies with these performance specifications. The proposal shall be explicit as to what modules /implementation services are being offered and any functions/characteristics which are not fully compliant with the specification. Offerors are encouraged to be creative and propose their best solution to meeting these specification requirements to the greatest extent possible. Services/software/equipment which exceeds these specifications should be explicitly noted as an enhancement and priced as an “add option” for WCPS’ consideration. Discussions for Clarification Offerors that submit proposals may be contacted via e-mail or by telephone and invited to make an oral presentation /clarification of the proposal, respond to questions about the proposal, and demonstrate their proposed software solution. The proposal evaluation committee’s objective is to ensure a thorough understanding of the offerors’ responsiveness to the solicitation requirements. The Purchasing Department will initiate requests for oral presentations. Oral presentations will be held in a designated meeting room at the Washington County Public Schools in Hagerstown, Maryland. Offerors should refer to the enclosed Procurement Schedule for anticipated dates for the oral presentations and plan accordingly. If feasible, the oral presentation should include key individuals such as the Offeror’s proposed Project Manager, and Technical /Data Integrator. Proposal Contents All material submitted with the proposal becomes the property of the WCPS and may be returned only at the Purchasing Department’s option. Best and Final Offers Offerors are strongly advised to submit their best pricing at the outset of this procurement process. Based upon the initial price offers, WCPS may or may not decide not to conduct price negotiations or discussions with any/all offerors. The Price Form of Proposal is structured so as to receive sufficient detail allowing WCPS to make adjustments to the line items or quantities without necessity of discussion. Based on a change in the specifications, or if the price offers exceed the available funds, the Supervisor of Purchasing may invite revised Price offers from finalist companies only. News Releases



8

Offerors shall not issue news releases, Internet postings, advertisements or any other public communications pertaining to this Project without prior written approval of the WCPS, and then only in coordination with the WCPS Public Information Office. Restriction of Contact From the issue date of this RFP until the WCBOE accepts a proposal for award, the Supervisor of Purchasing is the sole point of contact concerning this RFP. Any violation of this condition may be cause for the Supervisor of Purchasing to reject the offending Offeror’s proposal. Debriefing Offerors whose proposals are not selected will be notified of the name of the selected Offeror and, upon request, given the opportunity to be debriefed. The Purchasing Department will schedule the time and location of the debriefing. Staffing The WCPS will identify one staff member for Finance and one staff member for Human Resources to act as Co-Contract Monitors and administer the F&HRIMS Project through all phases of work. The Co-contract monitors are the following persons: Finance: Chris South, Chief Financial Officer Telephone: 301-766-2827 Email: [email protected] Human Resources: Laura Francisco, Director of Human Resources Telephone: 301-766-2808 Email: [email protected] Technical support will be provided by Mr. Robert Alton, II, Supervisor of Information Systems and Mr. Arnold Hammann, Director of Information Management and Instructional Technology. WCPS’ staffing for other project roles will be assigned by these persons to their staff on an “as needed” and “as available” basis with the F&HRIMS project being given priority over non-emergency/non-urgent duties. The WCPS will provide work space for Contractor’s personnel while working in the building. The WCPS will also provide training facilities for this effort. Term of Contract The contract will become effective from the date of its execution, anticipated in March, 2014, through all phases of work, based upon a 3.5 month planning and twelve (12) month implementation schedule (unless a longer or shorter implementation schedule is proposed and accepted by the WCPS.) Price proposals shall include the cost of any software maintenance /support services during the first year implementation phase. Renewal of the license/maintenance agreement shall be at WCPS’ unilateral option for up to five years at proposed prices. All prices in the original proposal shall remain fixed and firm through the project completion date including the software license/maintenance /support prices in years 1 – 5 of unless an exception is noted in the proposal. The selected Offeror shall not start the performance of any work prior to the Effective Date of the contract, and the WCPS shall not be liable to pay the selected Offeror for any service or work performed or expenses incurred, before the Effective Date of the contract.





9

Offeror’s Representations By submitting its proposal, each Offeror understands, represents, and acknowledges that all of the Offeror’s information and representations in the proposal are material and important, and the WCBOE may rely upon the contents of the proposal in awarding the contract(s). The WCBOE shall treat any misstatement, omission or misrepresentation as fraudulent concealment of the true facts relating to the Proposal submission. Use of Electronic Versions of this RFP This RFP will be made available by electronic means to any prospective offeror upon request. If an Offeror electronically accepts the RFP, the Offeror acknowledges and accepts full responsibility to insure that no changes are made to the RFP. In the event of a conflict between a version of the RFP in the Offeror’s possession and the Purchasing Department’s version of the RFP, the Purchasing Department’s version shall govern. Contractor’s Employees’ Responsibilities Contractor shall abide by all WCPS, Local, State & Federal policies and procedures and laws while working in WCPS facilities or on WCPS property. Violation of a law or a policy or regulation will constitute a breach of this agreement and entitle the WCBOE to terminate the Agreement immediately upon delivery of written notice of termination. In addition, the contractor shall confine its apparatus, storage of materials and operations to the limits indicated by the building representative as well as keep the premises free from accumulations of work material and rubbish. The WCBOE endorses the provisions of Public Law 100-690, Title V, Subtitle D (Drugs-Free Workplace Act of 1988) and Public Law 101-226 (The Drug-Free Schools and Communities Act of 1989) and regulations promulgated there under and establishes a drug-free and alcohol-free workplace and school system. Maryland State Law (COMAR 13A.02.04) provides that each local school system is required to maintain a tobacco-free school environment. WCPS prohibits the use of any employees that are hired or obtained from any penal pre-release or work-release programs. Potential contractors/vendors to the WCPS are advised that Maryland law now provides the following mandatory restrictions regarding registered sex offenders performing work or services on school system property: "A person who enters into a contract with a county board of education or a nonpublic school may not knowingly employ an individual to work at a school if the individual is a registrant. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years, or a fine not exceeding $5,000, or both." Persons or entities awarded contracts with WCPS are required to certify that no employee, subcontractor, subcontractor employee, or material supplier that is a registered sex offender, will be allowed to enter onto school system property at any time in the performance of the work or services for which the contract is awarded. Such certification is a condition precedent to any contract award, and failure to so certify will be grounds for not awarding a contract. It will be the responsibility of contractors to obtain similar certification from all sub-contractors and material suppliers performing work or services on school system property, and to monitor adherence to this requirement. In the event that WCPS determines that a registered sex offender has entered upon school system property in the performance of work, such offense will be grounds for termination of the contract. Information Handling The nature of this project requires handling of sensitive information. The Contractor shall ensure and warrant that all staff assigned to the project will be required to sign a confidentiality statement to ensure this information, including student, staff, or vendor identifiable data, remains secure. The selected Offeror is responsible for ensuring that



10

adequate measures are in place to minimize the access, copying and distribution of such information during work on this project. The selected Offeror is responsible for proper disposal (i.e. shred, surrender) of both hard and electronic working copies of such sensitive information during work on this project, as well as any remaining information upon the completion of the project. Procedures and Standards Offerors delivering services/software/products under this contract are required to comply with the IT standards and practices of the WCPS IT Department and the Maryland Department of Information Technology Security Policy. When a contractor believes there is a need to deviate from these standards/policy, they must first receive approval to do so from the WCPS Contract Monitor. Independent Verification and Validation At any time during the contract, the WCPS may hire an Independent Validation and Verification (“IV&V”) vendor. The IV&V vendor would be responsible for assisting the WCPS in evaluating deliverables, assuring that milestones are complete, and providing independent verification that the software product is compliant with the contract specifications. Vendor Registration A company is solely responsible for completing the vendor registration process online at wcpspurchasing.com. Contact Michelle Schultz, Purchasing Associate, at (301) 766-2844 if you have questions or to check the status of your registration. Once registered in the WCPS Vendor Database, you will be able to view current solicitations and may automatically receive notification of bid solicitations in the commodity category. Washington County Public Schools will not be held responsible for a company’s failure to become and remain a registered Vendor, to identify appropriate commodity/service categories, or for failure to notify the Purchasing Department of an address change, and to accomplish these things in a timely manner. Bidders with a repeated history of not bidding in a specific category may be removed from the Vendor Database for that category at the discretion of the Purchasing Supervisor Bid Results Summaries Bid summaries are posted on the WCPS website usually within one business day of the public release date: http://wcpspurchasing.com/bids/results. For RFPs, only the names of Offerors responding to this RFP will be publicly disclosed until a recommendation is finalized by WCPS. eBid Marketplace Public school systems in Maryland are required to publish notices of procurements and procurement awards on the State of Maryland’s “eBid Marketplace” web portal. All prospective offerors /bidders are required to register and maintain registration on eBid Marketplace if actively bidding public school projects. For registration requirements, visit www.ebidmarketplace.com to register and “join Maryland’s gateway” to bidding opportunities throughout the State. Awards can only be posted to registered companies. As such, award of this contract is contingent upon the Offeror being registered on Maryland’s eBid Marketplace. Objection to Award Any company objecting to the bid procedure or the recommendation for award has five (5) business days following the date of award by the Board of Education to file a written protest with the Superintendent of Schools. It is the company’s responsibility to ascertain and confirm the date/time of the pertinent Board Meeting. The written appeal must be

http://wcpspurchasing.com/bids/results

http://www.ebidmarketplace.com/



11

submitted on company letterhead, dated and signed by the senior officer of the company. The protest letter must include a request for review and ruling by WCPS, a detailed statement of the legal and factual grounds for the protest, including the resulting prejudice to the company, copies of relevant documents, and a statement of the form of relief being requested. Failure to comply with these instructions may result in the protest being deemed “not filed.” Bid protests received later than five (5) days of the Board Meeting will result in the protest being deemed “not timely.” The WCPS will not respond or address bid protests that do not conform to these instructions. Rider Clause It is the intent of Washington County Public Schools to make any resulting contract available upon request to other governmental and educational agencies within the State of Maryland. This shall include public schools, private schools, parochial schools and/or state, community and private colleges within the State of Maryland. Any resulting agreement would be governed by the same terms and conditions. Other agency using the contract would enter into its own agreement with the contractor and this contract shall be binding only upon the parties signing such an agreement. Subcontractors Bidders are required to disclose in the bid proposal the name of any subcontractor they intend to employ in performance of this project. The contractor shall remain responsible and fully liable for any/all work completed by their subcontractor(s.) The WCPS will, throughout the life of this Agreement, have the right of reasonable rejection and prior approval of staff or subcontractors assigned to the project. If the WCPS reasonably rejects the staff or subcontractor, the Contractor must provide replacement staff or subcontractor satisfactory to the WCPS in a timely manner and at no additional cost to the WCPS. The day-to-day supervision and control of the Contractor’s employees or agents shall be the sole responsibility of the Contractor. Bonds Bonds are not applicable to this project. Warranty The Contractor warrants that the software and hardware furnished under this contract shall be free from material defects and shall conform to published specifications for a minimum period of two (2) years starting from the activation date of the software implementation (ie “go live” date.) Offeror warrants to WCPS that the equipment furnished and delivered under this contract will be factory-sealed and “new” (not refurbished), and shall conform to the proposal and specification requirements, and shall be free from all defects and faults of any kind. Responsibility for registering and making any warranty claims rests with the Offeror until WCPS’ final testing and acceptance of the installed system. Warranty documentation shall be provided to the IT Department at conclusion of the contract. Equipment shall be minimally covered by the manufacturer standard warranty period. Non-Assignment The Bidder shall not sell, transfer, or otherwise assign his/her obligations under this Contract or any portion thereof, or its rights, title or interest herein, without the prior written consent of the Contract Administrator. Non-Solicitation of Employees During the contract performance period and for a period of twelve (12) months after termination or expiration thereof, each party agrees not to solicit for employment any technical or professional employees of the other party assigned to work on the project without the prior written approval of the other party. The parties further agree this provision is applicable to any resultant contract or subcontract.



12

Disputes Any controversy or claims arising out of, or relating to this contract, or the breach thereof, shall be submitted to the Chief Financial Officer for WCPS, and his decision shall be subject to approval by the county superintendent or designee. Pending resolution of a claim, the consultant shall proceed diligently with the performance of the contract in accordance with the Chief Financial Officer's decision. Notice to appellants: Maryland Annotated Code, Education Article Section 4-205(c)(3) provides appellants the right to file an appeal within thirty (30) days after the decision of the county Superintendent. Please refer to the Board of Education of Washington County’s Rules of Procedure in Appeals and Hearings under Section 4-205 or contact the Superintendent’s office at 301-766-2816. Governance by Maryland State Law The provisions of the contract resulting from the award of this RFP shall be governed by the laws of the State of Maryland. The contract shall be governed in all respects by laws of Maryland and any litigation with respect thereto shall be brought on the courts of Maryland. The contractor shall comply with applicable federal and state laws and regulations, including the Americans with Disabilities Act (ADA) of 1990, Health Insurance Portability and Accountability Act (“HIPPA”), and Family Educational Rights and Privacy Act (“FERPA”) and other laws as applicable. Non-Conflict of Interest Statement It is unlawful for any officer, employee or agent of the Washington County Public Schools to participate personally in his/her official capacity through decision, approval, disapproval, recommendation, advice or investigation in any contract or other matter in which he/she, his/her spouse, parent, minor child, brother or sister, has a financial interest; or to which any firm, corporation, association, or other organization in which he/she has a financial interest; or in which he/she is serving as an officer, director, trustee, partner, or employee; or any person or organization with whom he/she is negotiating or has any arrangement concerning prospective employment; is a party, unless such officer, employee, or agent has previously complied with the provisions of Maryland Annotated Code, Article 40A, SS1-101 et. seq. The successful bidder agrees that during the term of the Contract and for twenty-four (24) months following the exit conference, the successful bidder, its employees, agents and representatives, shall not, with or without compensation, on behalf of the successful bidder, or another person, entity, or corporation, take any action in connection or receive any benefit with any specific matter, finding or recommendation associated in any way with this project, except with the express written consent of the WCPS. Reorganization or Bankruptcy Proceedings Bids will not be considered from companies who are currently involved in official financial reorganization or bankruptcy proceedings. Public Information Act Notice Offerors should give specific attention to the identification of those portions of their proposals that they deem to be confidential, or to contain proprietary information or trade secrets. Such information should be removed from the general portion of the proposal and submitted under separate cover. Envelopes containing confidential or proprietary information should be conspicuously marked and sealed. Additionally, offerors must provide justification why such material, upon request, should not be disclosed by WCPS under the Maryland Public Information Act, State Government Article, Title 10, Subtitle 6, of the Annotated Code of Maryland. Offeror Investigations Before submitting a proposal, each Offeror shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract, and to verify any representations made by WCPS that the offeror will rely upon. No pleas of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful Offeror from its obligations to comply in every



13

detail with all the provisions and requirements of the contract documents, or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the successful Offeror. Rider Clause It is the intent of Washington County Public Schools to make this resultant contract available to any and all governmental and educational agencies within the State of Maryland. This shall include public schools, private schools, parochial schools and/or state, community and private colleges within the State of Maryland. A copy of the contract pricing and the specification requirements incorporated in this contract will be supplied to the requesting agencies. Each participating agency would enter into its own agreement with the contractor and this contract shall be binding only upon the principals signing such an agreement and not WCBOE. Electronic RFP This RFP is being made available by electronic means to expedite the Proposal submittal process. If a Bidder electronically accepts this document, they acknowledge and accept full responsibility to ensure that no changes are made to this RFP. In the event of a conflict between a version of the RFP in the Bidder’s possession and the Purchasing Department’s version of the RFP, the document held by the Purchasing Department shall govern. Software License Provisions The contractor shall grant WCPS the right to use the licensed product/service for the life of the contract. Online electronic access to the licensed products services shall allow many users to access the system by school/system-wide and the general public depending upon authorized utilization access. There shall be no fees assessed for downloading information from the system. All subscription fees shall include the maintenance and technical support required to receive system updates, (which include enhancements, corrections, modifications, system configuration, database maintenance, additions and later versions of the licensed product) and fixes to technical support problems/website errors. The license shall allow multiple authorized users to use/access the system simultaneously. The license shall have no limitations on the number of users and the number of CPUs, (i.e., mainframes, servers, workstations, desktop PCs, etc.) and size of CPU on which the authorized users can access the licensed system. The unit prices and limitations of use must be clearly disclosed in the proposal, if applicable. System Requirements: The preferred Finance and Human Resources Information Management System will possess the following capabilities, but not be limited to the following: Education Data Exchange Network (“EDEN”) EDEN is a set of K-12 statistical reports gathered from state agencies by the US Department of Education. EDEN attempts to gather statistics from each state such as school populations within subgroups (race, gender, etc.), graduation rates and school spending. EDEN data gathering is complicated by the fact that no data sent to federal agencies may contain private data about an individual student that would violate the FERPA guidelines. So a state agency cannot just send a list of students and their test scores. A reporting agency can only send a list of subgroups and counts if the group count is above five. Proposals should address the extent to which the proposed software is compliant with EDEN reporting requirements. ODBC (Open Database Connectivity) ODBC is a standard database access method, the goal of which is to make it possible to access any data from any application, regardless of which database management system (DBMS) is handling the data. For this to work, both the application and the DBMS must be ODBC-compliant -- that is, the application must be capable of issuing ODBC commands and the DBMS must be capable of responding to them.

http://en.wikipedia.org/wiki/K-12

http://en.wikipedia.org/wiki/US_Department_of_Education

http://en.wikipedia.org/wiki/Family_Educational_Rights_and_Privacy_Act

http://www.webopedia.com/TERM/S/standard.html

http://www.webopedia.com/TERM/D/database.html

http://www.webopedia.com/TERM/A/access.html

http://www.webopedia.com/TERM/D/data.html

http://www.webopedia.com/TERM/A/application.html

http://www.webopedia.com/TERM/D/database_management_system_DBMS.html



14

Nonvisual Access Clause for Information Technology Procurements – (Per COMAR 21.05.08.05 as published in Supplement 18 (1/4/2000) of Title 21 State Procurement Regulations) The bidder or offeror warrants that the information technology offered under this bid or proposal (1) provides equivalent access for effective use by both visual and nonvisual means; (2) will present information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use; (3) if intended for use in a network, can be integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired; and (4) is available, whenever possible, without modification for compatibility with software and hardware for nonvisual access. The bidder or offeror further warrants that the cost, if any, of modifying the information technology for compatibility with software and hardware used for nonvisual access will not increase the cost of the information technology by more than 5 percent. For purposes of this regulation, the phrase 'equivalent access' means the ability to receive, use, and manipulate information and operate controls necessary to access and use information technology by nonvisual means. Examples of equivalent access include keyboard controls used for input and synthesized speech, Braille, or other audible or tactile means used for output." The nonvisual access clause is not required if the procurement officer makes a determination that: The information technology is not available with nonvisual access because the essential elements of the information technology are visual and nonvisual equivalence cannot be developed; or The cost of modifying the information technology for compatibility with software and hardware used for nonvisual access would increase the cost of the procurement by more than 5 percent. The procurement officer may request such documentation as is reasonably necessary to implement this regulation. Hardware and Software In addition to all services required to establish a complete and integrated F&HRIMS, the scope of this RFP includes software, commercial off-the-shelf software (COTS), and server hardware needed to develop and support the resulting application for WCPS. For the purposes of this RFP, the following definitions are used to refer to the terms ‘hardware’ and ‘software’:

http://www.dsd.state.md.us/comar/comarhtml/21/21.05.08.05.htm



15

PART II

PROPOSAL REQUIREMENTS Offerors must submit their proposals in the format, including heading descriptions, outlined below. To be considered, the proposal must respond to all requirements in this part of the RFP. All cost data relating to this proposal should be kept separate from and not included in the Technical Submittal. Each Proposal shall consist of the following three separately sealed submittals:

a. Technical Submittal, which shall be a response to RFP Part II, Sections II-1 through II-12. This submittal shall not contain any Business or Cost information;

b. Sample Reports, in response to RFP Part II, Section II-13 which must be submitted in a separate

sealed envelope clearly marked “Sample Reports”. This submittal shall not contain any information that should be contained within the Technical Submittal or the Cost Submittal; and

c. Price Proposal Submittal, in response to RFP Part II, Section II-14, which must be submitted in a separate sealed envelope clearly marked “Price Submittal”.

The WCPS reserves the right to request additional information which, in the Supervisor of Purchasing’s opinion, is necessary to assure that the Offeror’s competence, number of qualified employees, business organization, and financial resources are adequate to perform this project according to the requirements. The WCPS may make investigations as deemed necessary to determine the ability of the Offeror to perform the Project, and the Offeror shall furnish to the Purchasing Department all requested information and data. WCPS reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Offeror fails to satisfy the that such Offeror is properly qualified to carry out the obligations of the contract and to complete all aspects of the work in the time and manner required. The Technical Submittal of the proposal must address Sections II 1 – II 12 listed below. All proposals are to be submitted in bound documents such as binders. Tabs should coincide with section and subsections identified below. An official authorized to bind the Offeror to its provisions must sign the proposal. In summary, the technical responses should adhere to the following within their response format:

Tab Section Heading II-1 Cover Letter II-2 Statement of the Objectives II-3 Project Management II-4 Approach

II-5 Work Plan include MBE participation II-6 Technical Architecture /Hardware Recommendation II-7 Prior Experience II-8 Personnel

II-9 Training II-10 Financial Capability II-11 Objections to WCPS Standard Contract Terms and Conditions. Also, provide a

copy of the proposed Form of Contract with Exhibits)



16

II-12 Technical Proposal Response Questionnaire II-13 Sample Reports (Separate Submittal 1) II-14 Price Proposal (Separate Submittal 2)

Please Note: Cost information is submitted separately. II-1. Cover Letter Provide the following information:

a. Contact information for the executive(s) in charge and responsible for the fulfillment of this contract. b. The name, title, office telephone number, fax number, email address, cell telephone number, and the

mailing address of the Offeror’s representative who will be the point of contact for all correspondence and will be responsible for and available to answer any questions concerning the proposal.

c. Statement of authority that the person signing the cover letter has the authority to bind the company to the proposal.

d. Signature of an authorized representative of the Offeror. e. Proposed date of final completion of the work, including training. II-2. Statement of the Objectives State in succinct terms your understanding of the objectives presented and the software/hardware/services required by this RFP. Identify all assumptions that you have made in your proposal response. II-3. Project Management Include a brief description of the proposed effort, including and a list of the items to be delivered/installed and services to be provided in your project management statement and a proposed implementation time frame. (Do not include cost information.) Describe your firm’s ability to provide replacement staff as needed with comparable qualifications and experience. II-4. Approach Describe in narrative form your approach for accomplishing the work. Be certain to include a description of your company’s approach to meeting WCPS’ needs. The approach should delineate key phases, supporting tasks and the implementation of all associated deliverables. II-5. Work Plan Describe in narrative form your technical plan for accomplishing the work. The work plan must:

a. Identify each milestone, deliverable dates b. Begin on March 14, 2013 c. Utilize days to measure duration d. List the estimated time and the resources required to complete each task.

Note: The work plan must include sufficient time for review and approval of the deliverables before proceeding to the next step in the implementation plan. System testing and conversion may be required to be performed at specific intervals in consideration of WCPS programs, goals and staff availability. The work plan must address the plan for utilization of minority contractors and subcontractors if any. II-6. Technical Architecture /Hardware Requirements



17

Provide a description of the technical architecture and hardware. Within this section, describe your technology architecture or configuration, software product(s), database structure, application architecture, user interface structure and how the application works. Indicate how the finished product will have sufficient capacity for transaction growth, data storage, etc. Note: Procurement of all hardware, software and services is within the scope of this RFP. Offerors are responsible for proposing a complete solution, which includes hardware, software and services. WCPS retains the right to place equipment orders on behalf of the Offeror, utilizing a State of Maryland, Maryland Education Enterprise Consortium (“MEEC”) or similar governmental contract, where a lower cost can be obtained. Savings shall be passed to WCPS by reduction in total project cost or by deduct change order, depending upon timing. The Offeror would be required to approve the order details in advance. All aspects of the order, such as expediting, coordinating the delivery, set -up and warranty would remain the responsibility of the Offeror same as if purchased by Offeror. Describe the computing hardware and database necessary to operate your proposed software system. II-7. Prior Experience

A. Provide a description of the experience the Offeror has gained which would qualify it for this engagement supporting public sector clients and specifically, educational finance/human resources solutions. Projects included within this section should include those of similar size and scope as the project outlined within this RFP. This includes such factors as transaction volume, database size, number of entities, organizational structure, program scope, number of program modules, or any other factors the Offerors feel will accurately represent their project experience.

B. The Offeror must provide references from at least three (3) of its CURRENT (within the last 2 years)

customers with similar operations as the requirements outlined within this RFP. At least two (2) references must be for a completed system. The reference information must contain the following information:

a. Customer’s name and address b. Contact person name, title, e-mail and phone number c. Offeror’s role in supporting this customer d. Number of year’s supporting this customer e. Project completion date, number of end users, and cost

II-8. Personnel

A. Include the number, and names, where practicable, of professional personnel, analysts, programmers, and others who will be engaged in the work. Any modifications to the personnel mix provided in your proposal response must be approved by the WCPS in writing and substitute staff be equal in skill set and experience.

B. For each role, include background information for the team member who will fulfill that role, a brief

summary describing his or her roles and responsibilities on previous projects, and relevant background and expertise.

The Offeror’s project team should be comprised of staff with the necessary experience and skills to provide and install the system as per the proposal.

The Offeror’s proposed project team must have successful experience in:

• Analyzing, designing, implementing, and supporting complex data warehouse and reporting

solutions. • Knowledge of public sector/government best practices in human resources and finance.

• Developing work plans, and coordinating tasks.



18

• Consulting on projects of similar size and scope. • Providing flexible resources to augment the project team at any given time.

C. Briefly describe the organizational structure of your company and identify the groups and numbers

of employees dedicated to this project.

D. Specify the number of employees staffing the help desk support vs. the number of employees dedicated to system programming and other roles.

E. Indicate the responsibilities each individual will have in this project, how long each individual has

been with your company and their experience on projects similar to this engagement. The WCPS reserves the right to interview and/or reject any and all key personnel proposed by the Offeror.

F. The Offeror will be responsible for all services provided. All proposed subcontractors must be

identified by name and a statement must be included indicating the exact amount of work to be done by each subcontractor.

II-9. Training Indicate the required training of WCPS and school staff members. Include the titles of staff to be trained, the number to be trained, duration of the program, place of training, curricula, training materials to be used, number and frequency of sessions, and number and level of instructors. II-10. Financial Capability/Stability

A. Submit a copy of most recent audited financial statement, or recent tax return with redaction of social security /personal information, or other documentation demonstrating a strong financial condition.

B. The proposed software product has most likely undergone many changes or “generations”. Please describe the product evolution and note the time frame associated with each generation.

C. What provision has your company put into place to protect customers and the viability and future of the product given the volatile nature of the software industry?

D. In the event of a major change in your company (merger, acquisition, closing) would your company be willing to escrow the source code for the software product to ensure future viability?

E. Is there any pending litigation against the company? If yes, explain fully.

F. State your firm’s ongoing commitment to existing clientele. II-11. Objections to WCPS’ Standard Contract Terms and Conditions The Offeror will identify which, if any, of the standard terms and conditions (contained in Section VI) it would like to renegotiate. The Offeror’s failure to make a submission under this paragraph will result in its waiving its right to do so later. The Offeror shall submit a copy of the proposed contract form. It is expected that the contract will consist of the following: Perpetual Software License Agreement; Exhibit A. Price Details; Exhibit C. Business Expense Policy (Standard Bill Rates for Supplemental Services); Exhibit C. Software Support Services; Exhibit D. Implementation Services; Exhibit E.



19

Any required Consent Form(s); Exhibit F. WCPS’ Mandatory Contract Addendum; Exhibit G. WCPS’ Supplemental Terms and Conditions: Exhibit H. Insurance Policy. All terms and conditions will be incorporated in one integrated contract. If the proposal requires the execution of an additional third party contract, a copy of that third party contract shall be provided. The need for a third party to participate in this project must be explained in the Technical Proposal Section II-4, Approach and Section II-8, Personnel. II-12. Technical Proposal Response Questionnaire Complete and respond to the questions in this attached form. II-13. Sample Reports The Offeror will submit a minimum of ten (10) reports, available using the proposed F&HRIMS as delivered reports, in electronic or paper (hard copy) format to include but not limited to the following: End of Year Payroll Report; Department List of Personnel; Detail Employee History; Annual Leave/Absence Report; Retirement Report; Transaction Register by Account Number; Purchase Orders Issued; Aged Open Purchase Orders; Fixed Asset Inventory. The reports should be bound or submitted on a CD with the name of the company and labeled “SAMPLE REPORTS”. II-14 Price Proposal The Price Proposal submittal shall be placed in a separate sealed envelope within the sealed proposal, separated from the Technical Proposal submittal. Offerors should not include any assumptions in their price submittals. If the Offeror includes assumptions in its price submittal, the Supervisor of Purchasing may reject the proposal. Offerors should direct in writing to the Supervisor of Purchasing, pursuant to instructions in Part I of this RFP, any questions about whether a cost or other component is included or applies. All Offerors will then have the benefit of the WCPS’ written answer so that all proposals are submitted on the same basis. The Offeror will be paid upon the completion of each deliverable/phase of work, based on actual work and proper invoices, subject to other provisions of the contract. All Price Proposals shall be prepared and submitted using the enclosed Section X. PRICE PROPOSAL FORM and not using other quotation forms or formats. Proposals which modify the Price Proposal Form, or include supplemental pricing or conflicting cost information, will be non-conforming offers and the proposal may be rejected. Travel and Subsistence If stipulated in the proposal, WCPS will pay actual transportation, lodging and meals expenses, in accordance with Federal government employee reimbursement rates, of up to, but not in excess of the estimated travel expenses in the proposal. Travel expenses which exceed the proposal amount will be paid by WCPS if additional services/work was required beyond these specifications and such additional work/ expenses were pre-authorized by the Contract Monitor. Travel expenses if applicable must be stated separately in the Price Proposal Form. Bid Proposal Affidavit Every Offeror submitting a proposal must complete and submit with the offer a Proposal Affidavit. The Affidavit form is included as Section VIII of this RFP



20

PART III

CRITERIA FOR SELECTION

III-1. Mandatory Responsiveness Requirements To be eligible for consideration, a proposal must be:

a. Timely received from an Offeror; b. Properly signed by the Offeror; and c. Complete including the Bid/Proposal Affidavit

III-2. Technical Nonconforming Proposals The Purchasing Department reserves the right, in its sole discretion, to waive technical or immaterial nonconformities in an Offeror’s proposal. III-3. Evaluation The Purchasing Department has selected a committee of qualified personnel to review and evaluate timely submitted proposals. The Purchasing Department will notify in writing of its selection the responsible Offeror whose proposal is determined to be the most advantageous to the WCPS as determined by the Evaluation Committee after taking into consideration all of the evaluation factors. The Supervisor of Purchasing will recommend the award of the contract only to an Offeror determined to be responsive and responsible, representing the best value as determined by the evaluation committee, in accordance with the criteria for selection. III-4. Criteria for Selection The following criteria will be used, in no particular order of relative importance, in evaluating each proposal:

• Quality, clarity and responsiveness of proposal • Experience and background of Offeror • Stability of Offeror as pertains to financial, staffing, and future support/updates • Software will provide a clear and significant improvement over current processes. • Software meets or exceeds the specifications to great extent. • Technical architecture is flexible and scalable, anticipates a long life cycle with few disruptions. • Implementation plan is realistic and reasonable. • Training program is sufficient and established. • Solution is complete including all software, hardware and services. • Experience with public sector/K-12 “best practices” • Experience with Maryland K-12 and reporting requirements is a plus. • Cost effective, including acquisition cost and cost of operation, maintenance and software updates

and support, after implementation (license and maintenance fees.) The evaluation committee may consider other criteria as well in evaluating the proposals. It is expected that technical considerations will be at least as important as cost in the final analysis of the proposals.



21

PART IV

SPECIFICATIONS- GENERAL 1. Requested Business Modules. Please note that WCPS retains the right to select all or any combination of the

following Modules. Modules may be selected in collective total or any combination thereof from a single vendor or multiple vendors. Offerors should provide pricing by individual module as well as any discounts available for multiple modules (define group) purchases.

a. General Ledger (WCPS uses encumbrance accounting and reports its annual financial statement to conform to the requirements of GASB34.)

b. Purchasing c. Accounts Payable d. Fixed Assets e. Payroll, to include:

i. Electronic Timecard ii. Time In/Time Out functionality that must be compatible with all currently available major time clock

products f. Human Resources, to include:

i. Electronic Personnel Record ii. Position Control/Personnel Budgeting

iii. COBRA/FMLA/LOA/Workers Comp Tracking iv. Salary History/Employment History Tracking v. Online Application integrated to the electronic personnel file

vi. Applicant Tracking vii. Employee self-services capabilities

g. Budgeting and Salary Projection (Finance) h. Grant Management (Finance) i. Benefits (Finance) j. Vendor Catalog Integration (Purchasing) k. Quote/Bid Management (Purchasing) l. Contract Management (Purchasing/Legal) m. Work Order Management (Facilities) n. Project Management and Accounting (Facilities/Finance) o. Professional Development (Human Resources) p. Accounts Receivable (to be shared with Benefits for summer billings, COBRA billings, FMLA billings, and

miscellaneous leave billings)

2. Needed capabilities not provided by current back office system

a. Purchasing capabilities currently needed: i. Restricted electronic signature approval of requisitions

ii. Ability to distribute purchase orders electronically to vendors b. Finance capability currently needed:

i. Personnel Budgeting (productivity indices by student type, etc.) c. Ability to download or convert data seamlessly from specific functional modules into Excel spreadsheets for

ease of manipulation d. In payroll, the ability to assign one employee to multiple positions and have multiple payroll accounts to

which the salary and benefit expense can be assigned (for split positions)



22

e. The capability to “drill down” when looking at an account to see more detail f. Miscellaneous “wish list” (including routine report generation)

i. Ability to run a vendor payment report that reflects account number to which the purchase was charged

ii. Ability to assign and track fixed charges by category iii. Ability to convert reports to PDF format for e-mailing iv. Ability to enter automatically reversing journal entries v. Ability to generate a listing of payments made against a specific purchase order

vi. Ability to track expenditures by school (both grants and general fund) vii. Ability to receive a warning when setting up a vendor and the vendor (or a very similar one) already

exists viii. Ability to search vendor payments by purchase order number

ix. Ability to summarize transaction activity on PO’s by GL account in addition to the current line-by-line account-by-account detail

x. Ability to see (on payroll system) the portion of the employee’s annual contract amount that has been paid and the portion yet to be paid (balance due)

xi. Ability to run detailed payroll reports by entire system or system-wide (in addition to running them by location, which is the only option in Lawson)

xii. Ability to generate a payroll report that details hours worked or paid by account number or employee for a specified time period

xiii. Ability for administrators (or their secretaries) to have access (restricted to their accounts) to view and/or print the status of their accounts or groups of accounts in real time. They currently have individual account lookup, but reports currently run for the entire fund, so individual departmental reports on demand are not possible.

3. Miscellaneous Considerations- The proposed system should provide: a. Task-specific security management b. Scalability c. Balance -The current payroll system, Lawson, creates an out of balance condition in the interfund accounts

each pay when the data is transferred to the GL. This must be corrected each month before we can close. It would be nice if this out of balance situation could be eliminated.

d. The ability to interface with a report writer (such as Crystal Reports) to allow for maximum manipulation of data.

4. Technology considerations

District enrollment 22,800 students

Current software applications: CIMS – supported by Weidenhammer

Current Operational Environment: Microsoft network with active directory, IBM servers running AS400 database, Lawson HRIS, payroll and time management.

Current back office data collection methods: time card system and paper forms

District IT support staff is available to support project: Three individuals from the Information Technology Department will be assigned and each affected department will assign a project coordinator to schedule the appropriate staff at the appropriate times.

5. System Requirements:

WCPS intends to implement a distributed, scalable and adaptable computing solution. To accomplish this, the new system should provide end users with the ability to enter and manipulate data in an online, interactive mode. It



23

should permit simultaneous access of files. Both hardware and software must have the capability to be interconnected through existing network infrastructure, including the internet connection.

The system should be an integrated database transcending functional areas. It should incorporate a dictionary from a single data element addressing the entire system, with common update and query capability for a minimum of 200 concurrent users. The dictionary should be an integral component of the data access capabilities, including the definition of both attributes and values.

The proposal shall address the computing hardware and database necessary to operate your proposed software systems. You must provide information describing the supported hardware and database platforms, the operating system requirements, and the minimum and recommended workstation requirements. In doing so, please consider the following:

1. Web: The solution must be architected for the web. It must leverage XML to generate the web GUO and to

exchange data with third parties. The use of 4GL “graphical generators” must not be the main tool used to render screens.

2. Management Dashboard: The solution must have a management dashboard or portal that enables non-technical users to view lists of reports specific to their needs on a single screen. Users should have the ability to drill-down on these reports, print them, export them to Microsoft applications and or forward them via email.

3. User Interface: The web “front-end” should be integrated with the application such that pull-down menus are generated from data in the application and individual fields on the screens are validated as they are filled out. A “Forms-based” web interface alone will not meet the needs of the district and will not be considered.

4. Special Forms: The system must enable laser printed forms for the creation of PO’s, invoices, cash receipts,

payroll checks and AP checks with a digitized signature.

5. Imaging: The system must support imaging to enable the district to store supporting documentation

electronically. The imaging feature should be fully integrated with the system to enable drill-down capabilities.

6. System Security: The system should provide security to limit availability to application software screens, data

elements, and the contents of data elements where appropriate. Describe the security features of the proposed

system.

7. Data Migration: The proposed system must be able to utilize accumulated data from the systems currently in

place. The migration path from the existing systems to the proposed system must be provided.

8. Hosting: The vendor must allow for their solution to be at least partially hosted by the school system. Please

provide deployment options available for the proposed solution.



24

PART V. SPECIFICATIONS, SPECIFIC FUNCTIONAL REQUIREMENTS Requisition/Purchase Order Module

Vendor Changes /Maintenance

Only the status of active vendors should be in the database that is accessible to all users. Inactive vendors should only be viewable or accessible to authorized staff in Purchasing and Finance Departments.

Pending vendors (not completely set up or still missing information) should be flagged to all system users but unable to be selected for ordering purposes until the status is changed to active by authorized staff in Purchasing/Finance.

Vendor websites are entered in HTML format. There should be “one click” access to the vendor web site for obtaining more information about the company.

Vendor Self Service – Vendors are currently able to self-register (via the Internet) to apply for inclusion on the Bid List/Prequalification for Construction List (www.wcpspurchasing.com). Vendor registration via the WCPS Purchasing Micro web site should integrate seamlessly with financial /vendor information in the financial software.

Requisition Entry

The system should not permit the schools and offices to enter a requisition to a new vendor in the system. A new vendor would be requested by electronic submission of a standard form to the designated staff person in Purchasing/Finance. All sections of the System generated form must be completed by the requestor before it can be sent to Purchasing via Workflow.

When adding a new vendor, the system should automatically prompt the Purchasing staff with the last assigned number in sequence or assign the next sequentially system-assigned WCPS vendor number.

After the vendor is made active by the purchasing staff, a notice should be automatically generated to the requestor to proceed with order entry.

When entering a requisition in the system, the screen should be similar to a requisition form for ease of entry. All information entered by the requestor should be visible on the electronic form by reviewers and approvers. This includes item number and part number (Currently, these fields are not viewable by Purchasing.)

Requisitions should provide the originator the ability to check routine instructions applicable to the order for Purchasing and Vendor, for example: Check Enclosed; Invoice Attached; Do Not Issue P.O. to Vendor; Confirming Order - Do Not Duplicate; Quotes Attached; etc.

Vendor-assigned Customer Account numbers should be automatically populated in a field when the vendor is selected. This information should appear on the Requisition, the Purchase Order review and approval screens, and on the P.O. document.

The system should be compatible with Microsoft 2010 to allow for cut and paste of descriptive information into the body of the Requisition and Purchase Order.

The system should have the capability to process employee reimbursement requests for mileage, uniforms, etc. in Workflow using a business expense reimbursement form.

The system should allow originators to enter P.O. Change Order Requests. Such changes should be limited to the current fiscal period in the General Fund, but allowed for all accounting periods for P.O. Change Orders across fiscal periods in the Grant and Construction Funds.



25

Reports/QueriesThe system should provide the capability of capturing information about vendors such as status of bid registration documents, Certificate of Insurance (date filed and expiration date), W-9 on file, taxes in good standing; references; awarded contracts, minority business status, company web site; company email address; affiliated businesses etc. Some information would be accessible or viewable only by authorized System users.

The system should allow for favorites or icons with one keystroke query and printing of vendor lists for bids, sorts by commodity code, contract number, contract name, city, state, etc. The same information provided in the printed list should be able to be converted to Label form or Envelop form to print for mailings.

Purchase orders should be searchable by vendor name, vendor number, contract vs. non-contract vendor, vendor tax ID number, school, requestor, commodity category/code, requisition number, batch date, or account code. Three or more fiscal periods should be available for query.

When creating bid lists, Purchasing should be able to query vendors by commodity code category number or name, broad descriptions, such as Construction, or subsets such as Site Work, Roofing, Mechanical, etc. Multiple categories should integrate into a single report or segregate within the report. Vendors will be listed in alphabetic order by name or numeric order by vendor number, and possibly other data.

Purchase Order record search should be able to be facilitated using any of the following: vendor name, vendor number, contract v. non-contract vendor, P.O. number, Requisition number, School number, or Requisitioner, without going to each individual screen.

The system should provide a simple maintenance query of all pending requisitions, as well as the number of days of inactivity. (This information is essential to closing and managing end of year account activity.)

The system users should be limited to only the most basic Financial Queries and Reports to reduce confusion and frustration. The Finance and Purchasing Department staff should receive training and be provided a complete menu of queries and reports for more in-depth analysis.

Processing the Purchase Order

When processing requisitions, Purchasing staff should be able to easily select and change the primary method of issuance to the vendor, e.g., Electronic Data Interchange, Email, Facsimile, or U.S. Postal Service on a batch or individual P.O. exception basis. The System should provide an “if not then” option for a second method as may be needed due to an incorrect e-mail address, no answer to a fax, etc.

The purchase order should closely resemble the requisition form lacking only the system-assigned unique Purchase Order Number (assigned by Purchasing staff during the P.O. finalization process) and the official WCPS embedded watermark/seal/stamp/logo for authentication.

The system should eliminate the need for a manually entered requisition by the Purchasing staff through 1) the ability to permanently link or imbed scanned documents such as paper invoices, registration forms, and credit applications, (to name a few) to the requisition by the originating requestor. Attached documents should route with the requisition and be visible by reviewers in work flow and retained in the system in electronic form for auditing purposes.) and 2) the ability for the department level approver to apply a unique, electronic signature.

The system should automatically assign an official P.O. number after approval and after funds have been encumbered. Assigned number protocol should be intelligently designed in that digits signify fiscal year, possibly month and numeric sequence, without possibility of future number redundancy.

The system should have the ability to allow authorized persons to “override” the “hard stop” when the assigned account number does not contain sufficient budgeted funds.

The system should have the ability to allow authorized persons to “override” the “hard stop” when the assigned account number does not contain sufficient budgeted funds.

The Buyer in Purchasing should be able to modify the “standard” (default) P.O. terms and conditions prior to processing the Requisition into a P.O.

General Ledger account codes should appear on the requisition and be viewable to reviewers but should not appear on the vendor’s Purchase Order.



26

The system should have the ability to cancel the print process for P.O. originals that are issued electronically and retained in a retrievable and secure database.

The system should allow for Blanket Purchase Orders without a Total Amount or an encumbrance of funds until a draw is made against the P.O. by Accounting or an authorized user.

Workflow Requirements

The system should allow for the desktop routing and electronic approval of requisitions as well as alternative forms of payment.

The system should be flexible, allowing for transfer of review and approval authority to other staff on temporary basis while the primary approver is away from the office for extended periods. It should retain such authorization with each requisition for audit purposes.

The requisition originator’s full name should appear on the electronic form as it is being routed and, once processed, it should appear on the Purchase Order.

Workflow routing must be flexible and easy to maintain. When an employee transfers or leaves the system, the software should provide the ability to block the employee from accessing the Requisition system. All name changes, address changes, etc. of authorized users of the system should be immediately updated in the Purchasing system from changes made in the electronic personnel record.

Requisitions that would cause a budget line to be overspent should not route in the Workflow system until a budget transfer has been completed. Concurrently, the Finance Department should be notified to expedite “override” authorization, if applicable, prior to processing in Purchasing Department.

Authorization Exceptions:

All custodial supply orders route one level for final approval by the Supervisor of Operations.

Emergency purchase orders.

P.O. Change Orders in Construction Budget and Grants.

Requisitions in Workflow that remain unapproved for more than two business days should generate a reminder e-mail to the approver to check his/her mailbox to review pending requisitions.

The system should be fully integrated with general ledger, accounts payables, budget, human resources or payroll (to the extent required in order to maintain a current and accurate set of authorized users/reviewers at all times).

The System should check account balance of the Funds at time of order origination as a preliminary encumbrance before the order is able to be released into Workflow.

Buyers in Purchasing should be able to modify any field of a requisition, including the Total Amount of the requisition, without re-entry of the order into the Workflow routing system.

Changes to an order made at any level of review should be viewable through a Track Changes feature and communicated to the originator upon processing of the P.O.

Workflow must allow for certain users (Director level and above) to be originators and approvers using the same log-in.

The System must allow for changes to the authorized reviewer without sharing log-ins.

The Workflow should provide for routing by level of authority within WCPS, by Item Type (I-Pads to IT Supervisor, as example) or by Account Code (Furniture for a New School Construction Project, as example.)

The system should produce a listing of tagable assets that is based upon assigned account number and/or a coded field identifier.

Communications/Training

The system should allow for electronic transfer/integration/link to third-party software and web sites such as GovDeals.com, Impact Office Products, Xpedx (Warehouse Asset System) for ease of user access. The System architecture should be designed with flexibility for making frequent changes and updates by the WCPS IT staff.



27

The system should allow for a Supervisor to communicate important deadlines, changes in commodity book, training announcements, etc. to users when they log onto the system.

The log-on screen should automatically link to the Commodity Book for purchases before ordering “off bid.”

The system should provide the ability for receipt of Purchase Orders at a “Ship-to” location by System-trained user and not necessarily the same person who originated the Order.

The system should provide Receiving of Materials allowing for partial shipments or incorrect shipments with notes for viewing by Accounts Payables. Subsequent receiver reports should show previously received items.

The system should be simple to learn by an originator in one hands-on session and by an authorized reviewer by use of instructional materials only.

Human Resources Information System COBRA Current COBRA processes include sending notices to all eligible individuals, tracking timeframes, sending additional correspondence and tracking payments. All processes associated with COBRA are currently performed manually and take approximately two days per month to process payments and send notifications. As an aside, the current HR system, Lawson, is able to handle COBRA administration and was set up and partially tested. However, it was never implemented. It may have the capability to perform the tasks we need it to perform. FMLA Current FMLA processes include sending notices, tracking timeframes, and sending additional correspondence. These processes are all currently performed manually. The approximate time to manually perform these tasks averages 12-25 hours per week. We would like to cut this time at least in half with automation. As an aside, the current HRIS is able to handle FMLA administration and was set up and partially tested. However, it was never implemented. It may have the capability to perform the tasks we need it to perform. Self-Pay/Summer Billing There are instances when an employee may be eligible for benefits but, for various reasons, may not be receiving a paycheck for a period of time. When this happens, the employee must “self-pay” for his or her insurance. Currently, all processes associated with billing employees and retirees that are self-paying for benefits are done manually. This includes tracking what the employee/retiree owes, the period for which they owe, the amount they owe each month, and late payment fees, as well as billing the employee/retiree for the amount due. These manual processes require approximately three to ten hours per week. We would like to cut this time at least in half with automation. Arrears Deductions Currently, when an employee is off work on an unpaid status, staff must determine if the employee should be billed (manually) or if they should arrange for extra deductions from future checks. All such “in arrears” processes associated with benefit deductions are currently performed manually. Any new software should have the capability to electronically calculate and take deductions in arrears if we instruct it to do so. Reporting We currently have very limited report writing ability. We would like the capability to produce reports, both on a routine basis and on an “as needed” basis, based on specific criteria. The data is in the system; often we cannot access it for constructive report writing.



28

The current timeframe for receiving specialized reports (because of Data Processing’s workload) is one to five days per request. A simplified report writer would reduce this timeframe to less than one day per request. Human Resources (All needs identified apply to ALL WCPS employees) Online Job Application System (please include as an optional item):

Ability for applicants to upload documents, transcripts, etc.

Ability for applicants to track status, including whether references have been received, position is

closed, etc.

Ability for references to provide information electronically

Ability to generate automatic responses to applicants (your application has been received, position is

closing and we are missing X, etc.)

Ability for hiring managers to access and move the application through the appropriate chain

(workflow), which may be different depending on the group

Ability to fully integrate this information with the HRIS system if the employee is hired. All information

transfers through

Onboarding System:

Ability for employee to complete all employment forms online prior to orientation. Information

automatically populates HRIS system.

Ability to complete benefits enrollment.

Incorporation of current and historical data.

Ability to load current employee data (scanned) into the system.

Built in reporting system capabilities.

Robust reporting that we map to allow access to different data by different users. Anticipating multiple

customized reports designed at the time of implementation.

Teacher Certification Tracking:

Employee lookup

Ability to track types of certifications and endorsements held

Must be compatible with Electronic Registrar Online (ERO)

Ability to generate automated letters or emails notifying teachers of pending deadlines, requirements,

etc.

Ability to customize same

Time Management Tool:

Needs to work with all of our various pay schedules without manual intervention. Also has built in

functionality that will not allow end users to enter certain incorrect info.



29

Substitute Teacher Calling System:

Ability to integrate with Smart Find Express

Sub calling needs to integrate with the time management system and have a robust reporting system.

Workers Compensation:

Completely automated within the Finance and Human Resources Information Management System with reporting functionality.

Online Employee Management System:

Allows employees to access benefit information

Allows employees to make changes to benign information (i.e., update address, phone numbers, etc.)

Allows employees to view pay stubs, change direct deposit, update w-4 information.

Ability to create “first report” compatible with the needs of the Maryland Association of Boards of Education (MABE) fund.

Scanning Capabilities:

Compatible with RVI or includes scanning system

Must be able to transfer all files already scanned

Employee evaluations:

Ability to integrate with Teachscape (teacher evaluation tool) and whatever tools are elected for use by principals, ESP staff, etc.

Ability to house employee evaluation results and supporting documents

Integration with online social media tools

Term Definition Hardware This includes all server hardware to support the F&HRIMS system.

Software This includes the software and licenses for all software required to establish a complete and integrated F&HRIMS for the life of this contract.

The scope of this RFP includes the acquisition, configuration, installation and maintenance of the hardware and software. One primary Offeror will be selected to facilitate all components of the project and will serve as the SOLE point of contact for this effort. The primary Offeror who must also engage third party vendor representatives for the proposed hardware, software, including off-the-shelf products, is responsible to verify that the technology resources are being utilized in the best possible manner and to ensure alignment and compatibility of the products. In addition, the Offeror must include in its bid response a hardware refresh assessment in the third year of the contract. A hardware refresh is defined as assessing industry technology and architecture as compared with ERP project needs, with planning for additional growth, in assessing and replacing the hardware. The Offeror will be solely responsible for the design and planning of the prescribed hardware refresh under the guidance of the WCPS IT staff. WCPS reserves the right to implement the proposed refresh or not.



30

Under the management of WCPS IT staff, the Offeror MUST include the ACQUISITION, INSTALLATION, CONFIGURATION, SUPPORT and MAINTENANCE of the following software:

a. All COTS server software licenses and media needed to deliver a complete ERP application solution, including disaster recovery needs b. All client desktop software and media needed to access any portion of the application, including off-the-shelf software and development suites c. Any and/or all third-party software and media needed to deliver a complete F&HRIMS solution.

In general, the Offeror is responsible for acquiring, installing, configuring and maintaining the software for this project. The Offeror must include license upgrades or subscription renewals to all software as well as software refresh for the life of the contract. A software refresh is defined as installing current release levels and patches/fixes in a timely manner. Upon consent from the WCPS IT staff, new releases or versions of installed software products must be installed within 30 days of general availability (GA). All patches, fixes and service packs must be installed within 14 days after GA from the manufacture. Technical support acceptance, software assurance fees and upgrade services for the duration are to be included in the proposal.

Data Warehouse (“DW”) Since WCPS is planning to use this system over a period of years, the data warehouse package must be scalable for the easy addition of data elements over time while maintaining performance. Any DW should have an efficient extraction process in order to minimize the impact in either performance or availability of the system.

Data marts are the final “destination” for the data contained in the data warehouse. The data marts will be the vehicle through which most of the reports are generated. In some instances, they will populate specialty tables that feed certain reports faster and more efficiently. The data marts will provide the ultimate value derived by F&HRIMS by delivering targeted, specific information that can inform administration and enhance financial management and services to the schools and community. The core components of the data marts are the presentation modules. These are the modules that allow the users to either call up fixed reports, or perform dynamic queries on sub-sets of the data, or browse the available data. The Data Marts, at a minimum, must include functionality to produce:

Reports

Graphs

Spreadsheets

File Extracts

System Testing The Offeror must provide a comprehensive testing strategy to ensure that all applications developed for or integrated into the system meet all user acceptance specifications. A comprehensive test plan must be produced and executed for all applications in the scope of this project. At a minimum, the overall testing strategy must include:

a. System Testing: Tests the system as a whole against the system test specifications to ensure all components work together properly and that all interfaces with other systems are functioning. b. Stress/Load Testing: Includes conducting performance tests on the system by identifying peak usage within units of work and stressing system components to peak capacity. Includes strategies for monitoring and resolving performance issues.



31

c. Security Testing: Tests the system to ensure that all defined role-based user profiles have access to data and processes and perform functionality per specifications.

d. User Acceptance Testing: Ensures the application is meeting end user requirements and expectations. Testing is performed against user acceptance test specifications defined during the design stage. e. Test data: The Offeror will be responsible for checking the system for accuracy and full functionality.

The Offeror is responsible for performing stress/load testing or other testing. All tests are subject to review and approval by the IT Dept. It is very important to WCPS that all applications within the scope of this project do not have excessive coding errors and omissions. The Offeror must warrant that the level of errors will not exceed industry standards, industry averages, and best practices. The stress/load test results must demonstrate that the application will support the required number of concurrent users. Training Program The Offeror is responsible for the training and knowledge transfer requirements for the new F&HRIMS. All system documentation and training manuals/materials must be provided in accordance with WCPS direction and in compliance with all applicable WCBOE policies and procedures. The ultimate goals for the training program are as follows:

a. The Offeror shall provide training services to WCPS, on data upload procedures, claiming procedures, ODS and Data Warehouse best practices and concepts, and reporting out of the Data Marts using the analysis tools.

b. The Offeror training services to WCPS will focus on the IT Department, Finance, Benefits, Purchasing, and Human Resources Departments as the primary data analysis and reporting offices of WCPS. Additionally, support personnel will need to be trained on data entry/quality techniques.

c. All system documentation and training manuals/materials must be current and complete. d. The Offeror shall develop a training strategy appropriate to specified audiences and the content being taught. e. The Offeror shall provide knowledge transfer to WCBOE staff.

System Documentation: The selected offeror must provide the following documentation:

a. Technical User Manual – a description of system functions, application procedures, error troubleshooting guides including contingencies and/or alternative modes of operations (backup plan).

b. System Maintenance Manual – a description of system maintenance procedures,

critical internal/external interfaces, regression testing guidelines, review of cross platform prescribed hardware/software and network architecture, and key application and operational technical support contact list.

c. System Operation Manual – a description of system administration



32

procedures, program executables, prescribed hardware/software requirements, installation procedures, backup and recovery procedures, archival and restoration procedures, and contingency procedures.

Tasks and Deliverables The selected Offeror must develop the list of deliverables in accordance with the phases outlined in Implementation Approach. Reports and Project Management Offerors are required to identify within this section, based on their experience, their standard reports. Unless otherwise stated in this section, the Offeror must deliver all project status reports to the WCPS Contract Monitor. The Offeror must work with the WCPS IT Dept. to conduct a project kick off meeting to present the project engagement goals, provide project orientation, review the plan and timeframes, introduce the requirements validation methodology and set expectations of participants. Work Plan The Offeror’s Project Manager must prepare and maintain a work breakdown structure that identifies the work elements, products and deliverables of each task as identified, the resources assigned to the task, and the time allotted to each element. The Offeror’s Project Manager must evaluate the work breakdown structure on an ongoing basis (at least weekly) and determine to current state of their tasks. During the weekly review, the work breakdown structure must be updated with the current state of work that is completed and in progress. The remaining work must be evaluated against original effort, cost and duration. If necessary, institute corrective actions to get the project back on track. Status Report In order to ensure that the appropriate project governing entities are notified of events in a timely manner, the Offeror Project Manager must prepare a weekly work status report and submit it to the WCPS Project Administrator. The Offeror Project Manager and any team member may be called upon to participate in periodic meetings at the F&HRMIS project team’s request. Final Report At the completion of the project, the Offeror must prepare a final report. The report must:

a. Summarize the work completed b. Recommend procedural changes and additional training/suggestions to improve business processes impacted by the F&HRIMS. c. Confirm that WCPS technical staff can support and maintain the F&HRIMS.

The Offeror must work with the WCPS Project Administrator to create and present the report to the WCBOE. The presenter must review the material covered in the report with a question and answer session. Presentation materials (copies of slides, talking points and the like) must be distributed at least five (5) workdays prior to the session.



33

SECTION VI. WCPS’ STANDARD TERMS AND CONDITIONS The Contractor agrees to furnish the requested services to the WCBOE as such services are defined in the Site License Agreement and its Exhibits, the Contractor’s Proposal, the RFP Addendum and the Request for Proposals (RFP) solicitation document. The following terms and conditions will be incorporated into a single integrated contract unless exception is noted in the Technical Proposal. ORDER OF PRECEDENCE If any conflicts or discrepancies should arise in the terms and conditions of this Contract, or the interpretation thereof, the order of precedence shall be:

a. The Site License Agreement; then b. The proposal, as accepted by the WCBOE; and then c. Addenda to the RFP d. The RFP

SPECIAL REQUIREMENTS The WCPS reserves the right to purchase equipment/services covered under this Contract through other procurement methods whenever the WCPS deems it to be in its best interest. Contractor provides them directly. Further the Contractor is the sole point of contact with regard to all contractual matters, including payment of any and all charges resulting from the Contract. COMPENSATION The Contractor shall be required to perform at the price(s) quoted in the Contract. All work shall be performed within the time period(s) specified in the Contract. The Contractor shall be compensated only for items supplied and performed to the satisfaction of the WCPS. The Contractor shall be paid travel expenses as specifically set forth in the Contract. INSPECTION AND ACCEPTANCE Acceptance of developed materials will occur in accordance with the Deliverables/Work Plan submitted by the Contactor and approved by the WCPS. Upon approval of the plan by the WCPS, the Deliverables Plan becomes part of this Contract. If software or a developed system is the deliverable, the Deliverable Plan must include an Acceptance Test Plan. The Acceptance Test Plan will provide for a Final Acceptance Test, and may provide for Interim Milestone Acceptance Tests. Each Acceptance Test will be designed to demonstrate that the Developed Materials conform with the functional specification for the Developed Materials, if any, and/or the requirements of this Contract. Contractor shall notify the WCPS when the deliverable is completed and ready for acceptance testing. The WCPS will not unreasonably delay commencement of acceptance testing. Upon Contractor’s receipt of the WCPS’s written notice of rejection which identifies the reasons for the failure of the Developed Materials /Software System to comply with the specifications, the Contractor shall have fifteen (15) business days, or such other time as the WCPS and Contractor may agree is reasonable, within which to correct all such failures, and resubmit the corrected Developed Materials/Software System, certifying to the WCPS, in writing, that the failures have been corrected, and that the Developed Materials/Software System has been brought into compliance with the



34

specifications. Upon receipt of such notice of correction, the WCBOE shall have thirty (30) business days to test the corrected Developed Materials /Software System to confirm that they are in compliance with the specifications. If, in the opinion of the WCPS, the corrected Developed Materials /Software System still contain material failures, the WCPS may terminate the contract. In the event that the WCBOE terminates this Contract in whole or in part , the WCPS will withhold payment to contractor, and may procure, upon such terms and in such manner as it determines, services similar or identical to those so terminated, and the Contractor shall be liable to the WCPS for any reasonable excess costs for such similar or identical services included within the terminated part of the Contract. The rights and remedies of the WCBOE provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. In determining whether or not the Contractor has performed with due diligence hereunder, it is agreed and understood that the WCBOE may measure the amount and quality of the Contractor’s effort against the representations made in the Contractor proposal. CHANGES At any time during the performance of the Contract, the WCPS or the Contractor may request a change to the Contract. Contractor will make reasonable efforts to investigate the impact of the change request on the price, timetable, specifications, and other terms and conditions of the Contract. If the WCBOE is the requestor of the change, the Contractor will inform the WCBOE if there will be any charges for the Contractor’s services in investigating the change request prior to incurring such charges. If the WCBOE and the Contractor agree on the results of the investigation and any necessary amendments to the Contract, the Contract will be modified to take into account the agreed changes and the change will be implemented. Changes outside the scope of this Contract shall be accomplished through the WCBOE’s normal procurement procedures, and may result in an amended Contract or a new contract. No payment will be made for services outside of the scope of the Contract for which no amendment has been executed.

NON-APPROPRIATION Any payment obligation or portion thereof of the WCPS created by this Contract is conditioned upon the availability and appropriation of funds. If funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year period, the contract shall automatically terminate. CONFIDENTIALITY The Contractor agrees to guard the confidentiality of the WCPS with the same diligence with which it guards its own proprietary information. If the Contractor needs to disclose all or part of project materials to third parties to assist in the work or service performed for WCPS, it may do so only if such third parties sign agreements containing substantially the same provisions as contained in this section. The parties agree that confidential information shall not be copied, in whole or in part, except when essential for authorized use under this Contract. Each copy of such confidential information shall be marked by the party making the copy with all confidentiality notices appearing in the original. Upon termination or cancellation of this Contract or any license granted hereunder, the receiving party will return to the disclosing party all copies of the confidential information in the receiving party’s possession, other than one copy, which may be maintained for archival purposes



35

only. Both parties agree that a material breach of these requirements may, after failure to cure within the time frame specified in this Contract, and at the discretion of the non-breaching party, result in termination for default . VIRUS; MALICIOUS, MISCHIEVOUS OR DESTRUCTIVE PROGRAMMING Notwithstanding any other provision in this Contract to the contrary, the Contractor shall be liable for any damage to any data and/or software owned or licensed by WCBOE if the Contractor or any of its employees, subcontractors or consultants introduces a virus or malicious, mischievous or destructive programming into the WCBOE’s software or computer networks and has failed to comply with WCBOE software security standards. WCBOE must demonstrate that the Contractor or any of its employees, subcontractors or consultants introduced the virus or malicious, mischievous or destructive programming. The Contractor’s liability shall cease if the WCBOE has not fully complied with its own software security standards. The Contractor shall be liable for any damages incurred by the WCBOE including, but not limited to, the expenditure of WCBOE funds to eliminate or remove a computer virus or malicious, mischievous or destructive programming that result from the Contractor’s failure to take proactive measures to keep virus or malicious, mischievous or destructive programming from originating from the Contractor or any of its employees, subcontractors or consultants through appropriate firewalls and maintenance of anti-virus software and software security updates (such as operating systems security patches, etc.). In the event of destruction or modification of software, the Contractor shall eliminate the virus, malicious, mischievous or destructive programming, restore the WCBOE’s software, and be liable to the WCBOE for any resulting damages. PATENT, COPYRIGHT, TRADEMARK, AND TRADE SECRET PROTECTION The Contractor shall hold WCPS and WCBOE harmless from any suit or proceeding which may be brought by a third party against WCBOE, WCPS, its departments, officers or employees for the alleged infringement of any United States or foreign patents, copyrights, or trademarks, or for a misappropriation of trade secrets arising out of performance of this Contract, including all work, services, materials, reports, studies, and computer programs provided by the Contractor, and in any such suit or proceeding will satisfy any final award for such infringement, including costs. The Contractor agrees to exercise reasonable due diligence to prevent claims of infringement on the rights of third parties. The Contractor certifies that, in all respects applicable to this Contract, it has exercised and will continue to exercise due diligence to ensure that all works produced under this Contract do not infringe on the patents, copyrights, trademarks, trade secrets or other proprietary interests of any kind which may be held by third parties. The Contractor also agrees to certify that work produced for the WCBOE under this contract shall be free and clear from all claims of any nature. If any of the products, materials, reports, studies, or computer programs provided by the Contractor are in such suit or proceeding held to constitute infringement and the use or publication thereof is enjoined, the Contractor shall, at its own expense and at its option, either procure the right to publish or continue use of such infringing products, materials, reports, studies, or computer programs, replace them with non-infringing items, or modify them so that they are no longer infringing. If the Contractor is unable to do any of the preceding, the Contractor agrees to pay the WCPS any amounts paid by the WCPS less a reasonable amount based on the acceptance and use of the deliverable; any license fee less an amount for the period of usage of any software; and the prorated portion of any service fees representing the time remaining in any period of service for which payment was made



36

The obligations of the Contractor under this Section continue without time limit and survive the termination of this contract. SENSITIVE INFORMATION The Contractor shall not publish or otherwise disclose, except to the WCPS and except matters of public record, any information or data obtained hereunder from private individuals, organizations, or public agencies, in a publication whereby the information or data furnished by or about any particular person or establishment can be identified, except with the consent of such person or establishment. The parties shall not use or disclose any information about a recipient receiving services from, or otherwise enrolled in, a WCBOE program affected by or benefiting from services under this Contract for any purpose not connected with the parties’ Contract responsibilities except with the written consent of such recipient, recipient’s attorney, or recipient’s parent or guardian pursuant to applicable state and federal law and regulations. Contractor will comply with all federal or state laws related to the use of information that constitutes personal health information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA).

Use of Contractor-Owned Software All software owned by Contractor (Contractor Software) and tools owned by Contractor (Contractor Tools) prior to the Effective Date of this Contract shall be and shall remain the exclusive property of Contractor. The WCBOE shall acquire no rights or interests in the Contractor Software or the Contractor Tools by virtue of this Contract . Contractor Tools includes but is not limited to, methodologies, information, concepts, toolbars for maneuvering between pages, search engines, JAVA applets, and ActiveX controls. Maintenance of Records Contractor agrees to make available at the office of the Contractor at all reasonable times, and upon reasonable written notice, during the term of this Contract and the period set forth below, any of the records for inspection, audit, or reproduction by WCPS or any authorized WCPS representative. The Contractor shall preserve and make available its records for a period of three (3) years from the date of final payment under this Contract.

Health Insurance Portability and Accountability Act (HIPAA) Compliance WHEREAS, [name of program and department] (hereinafter the “Covered Entity”) will make available and/or transfer to Contractor (hereinafter the “Business Associate”) certain Protected Health Information (PHI), in conjunction with goods or services that are being provided by Business Associate to or on behalf of [name of program and department], that is confidential and must be afforded special treatment and protection in accordance with the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Regulations at 45 CFR Part.160-164. WHEREAS, Business Associate will have access to and/or receive from Covered Entity, PHI that can be used or disclosed only in accordance with this agreement and the HIPAA Privacy Regulations at 45 CFR Part 160-164. NOW, THEREFORE, Covered Entity and Business Associate agree as follows: 1. Definitions:

a. “Business Associate” shall have the meaning given to such term under the HIPAA Regulations, including but not limited to, 45 CFR §160.103.

b. “Covered Entity” shall have the meaning given to such term under HIPAA and the HIPAA Privacy Regulations, including, but not limited to, 45 CFR §160.103.



37

c. “Protected Health Information” or “PHI” means any information, whether oral or recorded in any form or medium; (i) that relates to the past, present or future physical or mental 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, and (ii) that identifies the individual or with respect to which there is a reasonable baERP to believe the information can be used to identify the individual, and shall have the meaning given to such term under HIPAA and the HIPAA Privacy Regulations, including, but not limited to 45 CFR §164.501.

d. In accordance with 45 CFR Parts 160-164, [name of program and department] is the Covered Entity and__________is the Business Associate.

e. Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in 45 CFR Parts 160-164.

2. Limits On Use and Disclosure: Business Associate hereby agrees that it shall be prohibited from using or

disclosing the PHI provided or made available by Covered Entity for any purpose other than as expressly permitted or required by this agreement, in accordance with 45 CFR §164.504(e)(2)(i).

3. Stated Purposes For Which Business Associate May Use Or Disclose PHI: The Parties hereby agree that

Business Associate shall be permitted to use and/or disclose PHI provided or made available from Covered Entity for the following stated purposes: PROGRAM MUST Include a general statement describing the stated purposes that Business Associate may use or disclose the PHI. These uses and disclosures must be within the scope of the Appendix. 45 CFR §164.504(e)(2)(i).

4. Additional Purposes For Which Business Associate May Use Or Disclose Information: In addition to the Stated

Purposes, Business Associate may use or disclose PHI provided or made available from Covered Entity for the following additional purposes(s):

a. Use Of Information For Management, Administration And Legal Responsibilities: Business Associate is

permitted to use PHI if necessary for the proper management and administration of Business Associate or to carry out legal responsibilities of the Business Associate. 45 CFR §164.504(e)(4)(ii).

b. Disclosure Of Information For Management, Administration And Legal Responsibilities: Business Associate is permitted to disclose PHI received from Covered Entity for the proper management and administration of Business Associate or to carry out legal responsibilities of Business Associate, provided: i. The disclosure is required by law: or ii. The Business Associate obtains reasonable assurances in writing from the person to whom the

information is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, the person will use appropriate safeguards to prevent use of disclosure of the information, and the person immediately notifies the Business Associate of any instance of which it is aware in which the confidentiality of the information has been breached. 45 CFR§164.504(e)(4)(ii).

c. Data Aggregation Services: Business Associate is also permitted to use or disclose PHI to provide data

aggregation services, as that term is defined by 45CFR §164.501, relating to the health care operations of Covered Entity. 45 CFR§164.504(e)(2)(i)(B).



38

5. BUSINESS ASSOCIATE OBLIGATIONS:

a. Limits On Use And Further Disclosure Established By Appendix And Law: Business Associate hereby agrees that the PHI provided or made available by Covered Entity shall not be further used or disclosed other than as permitted or required by the Appendix or as required by law. 45 CFR §165.404(e)(2)(ii)(A).

b. Appropriate Safeguards: Business Associate will establish and maintain appropriate safeguards to prevent any use or disclosure of PHI other than as provided in 45 CFR §164.504(e)(2)(ii)(B).

c. Reports of Improper Use or Disclosure: Business Associate hereby agrees that it shall report to [name of Agreement officer for program and Department] within two (2) days of discovery any use or disclosure of PHI not provided for or allowed by this Appendix. 45 CFR §164.504(e)(2)(ii)(C).

d. Subcontractors and Agents: Business Associate hereby agrees that anytime PHI is provided or made available to any subcontractors or agents, Business Associate shall provide only the minimum necessary PHI for the purpose of the covered transaction and must enter into a subcontract or contract with the subcontractor or agent that contains the same terms, conditions and restrictions on the use and disclosure of PHI as contained in 45 CFR§164.504(e)(2)(ii)(D). e. Right Of Access To PHI: Business Associate hereby agrees to make available to an individual who is the subject of the PHI the right to access and copy that individual’s PHI, at the request of the individual or of the Covered Entity, in the time and manner designated by the Covered Entity. This right of access shall conform with and meet all of the requirements of 45 CFR §164.524 and 45 CFR §164.504(e)(2)(ii)(E). f. Amendment and Incorporation of Amendments: Business Associate agrees to make any amendments to PHI that have been agreed to by the Covered Entity, at the request of Covered Entity or of the individual, in the time and manner designated by Covered Entity, in accordance with 45 CFR164.526 and 45 CFR§164.504(e)(2)(ii)(F). g. Provide Accounting: Business Associate agrees to document and make available to Covered Entity or

to the individual, any information necessary to provide an accounting of disclosures in accordance with 45 CFR §164.528 and 45 CFR §164.504 (e)(2)(ii)(G), within 30 days of receipt of a request for an accounting, in the manner designated by the Covered Entity.

h. Access to Books and Records: Business Associate hereby agrees to make its internal practices, books, and records relating to the use or disclosure of PHI received from, or created or received by Business Associate on behalf of the Covered Entity, available to the Secretary of Health and Human Services or

designee for purposes of determining compliance with the HIPAA Privacy Regulations. 45 CFR §164.504(e)(2)(ii)(H).

i. Return Or Destruction Of PHI: At termination of this agreement, Business Associate hereby agrees to return or destroy all PHI received from, or created or received by Business Associate on behalf of Covered Entity. Business Associate agrees not to retain any copies of the PHI after termination of this agreement. If return or destruction of the PHI is not feasible, Business Associate agrees to extend the protections of this agreement to limit any further use or disclosure until such time as the PHI may be returned or destroyed. If Business Associate elects to destroy the PHI, it shall certify to Covered Entity that the PHI has been destroyed. 45 CFR §164.504(e)(2)(ii)(I). j. Mitigation Procedures: Business Associate agrees to establish and to provide to the Program and Department upon request, procedures for mitigating, to the maximum extent practicable, any harmful effect from the use or disclosure of PHI in a manner contrary to this agreement or the HIPAA Privacy Regulations. 45 CFR §164.530(f). Business Associate further agrees to mitigate any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in



39

violation of this agreement. k. Sanction Procedures: Business Associate agrees that it must develop and implement a system of sanctions for any employee, subcontractor or agent who violates this agreement or the HIPAA Privacy Regulations. 45 CFR§164.530(e)(1). l. Property Rights: The PHI shall be and remain the property of Covered Entity. Business Associate agrees that it acquires no title or rights to the PHI, including any de-identified information, as a result of its relationship with the program or department.

m. Grounds for Breach: Any non-compliance by Business Associate with this agreement or the HIPAA Privacy Regulations will automatically be considered to be grounds for breach pursuant to the underlying agreement, if Business Associate knew or reasonably should have known of such non- compliance and failed to immediately take reasonable steps to cure the non-compliance.

n. Termination by WCBOE: Business Associate authorizes termination of the underlying contract by the WCBOE if the WCBOE determines, in its sole discretion, that the Business Associate has violated a material term of this agreement.

o. Privacy Practices: The Program or Department shall provide and Business Associate shall immediately begin using, any form, including but not limited to, any for used for Consent, Notice of Privacy practices, Accounting for Disclosures, or Authorization, designated as effective by the Program or Department at any given time. The Program and Department retain the right to change the applicable privacy practices and documents. The Business Associate must implement changes as soon as practicable, but not later than 45 days from the date of notice of the change.

6. OBLIGATIONS OF COVERED ENTITY:

a. Provision of Notice of Privacy Practices: Covered Entity shall provide Business Associate with the notice of privacy practices that the Covered Entity produces in accordance with 45 CFR §164.520, as well as changes to such notice. b. Permissions: Covered Entity shall provide Business Associate with any changes in, or revocation of, permission by individual to use or disclose PHI, if such change affect Business Associate’s permitted or required uses and disclosures. c. Restrictions: Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI that the Covered Entity has agreed to in accordance with 45 CFR §164.522.



40

SECTION VII.

MANDATORY BID/PROPOSAL AFFIDAVIT

COMAR 21.05.08.07

Bidder shall complete and submit this bid/proposal affidavit to the Supervisor of Purchasing, Washington County Public

Schools with the bid or offer.

A. AUTHORITY

I HEREBY AFFIRM THAT:

I (print name) _________________________________ possess the legal authority to make this Affidavit.

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this

project, the bidder has considered all proposals submitted from qualified, potential subcontractors and supplies, and has

not engaged in “discrimination” as defined in §19-103 of the State Finance and Procurement Article of the Annotated

Code of Maryland. “Discrimination” means any disadvantage, difference, distinction, or preference in the solicitation,

selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color,

religion, ancestry, or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or any

otherwise unlawful use of characteristics regarding the vendor’s supplier’s or commercial customer’s employees or

owners. “Discrimination” also includes retaliating against any person or other entity for reporting any incident of

“discrimination”. Without limiting any other provision of the solicitation on this project, it is understood that, if the

certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on

this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder herewith

submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or

administrative proceeding in the State of Maryland that the bidder discriminated against subcontractors, vendors,

suppliers, or commercial customers, and a description, and a description of the status or resolution of that determination,

including any remedial action taken. Bidder agrees to comply in all respects with the State’s Commercial

Nondiscrimination Policy as described under Title19 of the State Finance and Procurement Article of the Annotated Code

of Maryland.

B-1 Certification Regarding Minority Business Enterprises.

The undersigned bidder hereby certifies and agrees that it has fully complied with the State Minority Business

Enterprise Law, State Finance and Procurement Article, §14-308 (a)(2), Annotated Code of Maryland, which provides

that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a bid or

proposal and:

Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to

identify the certified minority proposal;

Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the bid

or proposal;

Fail to use the certified minority business enterprise in the performance of the contract; or

Pay the certified minority business enterprise solely for the use of its name in the bid or proposal.

Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false,

such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and

terminate any contract awarded based on the bid.

C. AFFIRMATION REGARDING BRIBERY CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-101(b)

of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors,

partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities

including obtaining or performing contracts with public bodies has been convicted of, or has had probation before

judgment imposed pursuant to Criminal Procedure Article, §6-220, Annotated Code of Maryland, or has pleaded nolo

contend ere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of



41

any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any

conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the

sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the

business):

____________________________________________________________

____________________________________________________________

___________________________________________________________.

D. AFFIRMATION REGARDING OTHER CONVICTIONS


Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors,

partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities

including obtaining or performing contracts with public bodies, has:

(1) Been convicted under state or federal statute of:

(a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private

contract; or

(b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen

property;

(2) Been convicted of any criminal violation of a state or federal antitrust statute;

(3) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer

Influenced and Corrupt Organization Act, 18 U.S.C. §1961 et seq., or the Mail Fraud Act, 18 U.S.C. §1341 et

seq., for acts in connection with the submission of bids or proposals for a public or private contract;

(4) Been convicted of a violation of the State Minority Business Enterprise Law, §14-308 of the State Finance and

Procurement Article of the Annotated Code of Maryland;

(5) Been convicted of a violation of §11-205.1 of the State Finance and Procurement Article of the Annotated

Code of Maryland;

(6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or

liability under any law or statute described in subsections (1)—(5) above;

(7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the

submission of bids or proposals for a public or private contract; or

(8)Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under

Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public

or private contract; or

(9) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or

omissions that would constitute grounds for conviction or liability under any law or statute described in §§B and

D (1)- (7) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea,

or imposition of probation before judgment with the date, court, official or administrative body, the sentence or

disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and

the status of any debarment):

____________________________________________________________

____________________________________________________________

___________________________________________________________.

E. AFFIRMATION REGARDING DEBARMENT


Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors,

partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities,

including obtaining or performing contracts with public bodies, has ever been suspended or debarred (including being

issued a limited denial of participation) by any public entity, except as follows (list each debarment or suspension

providing the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the

name(s) of the person(s) involved and their current positions and responsibilities with the business, the grounds of the



42

debarment or suspension, and the details of each person's involvement in any activity that formed the grounds of the

debarment or suspension).

____________________________________________________________

____________________________________________________________

___________________________________________________________.

F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES


(1) The business was not established and it does not operate in a manner designed to evade the application of or

defeat the purpose of debarment pursuant to Sections 16-101, et seq., of the State Finance and Procurement

Article of the Annotated Code of Maryland; and

(2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except

as follows (you must indicate the reasons why the affirmations cannot be given without qualification):

____________________________________________________________

____________________________________________________________

___________________________________________________________.

G. SUB-CONTRACT AFFIRMATION


Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly entered into a

contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and

Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services,

architectural services, construction related services, leases of real property, or construction.

H. AFFIRMATION REGARDING COLLUSION


Neither I, nor to the best of my knowledge, information, and belief, the above business has:

(1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the

accompanying bid or offer that is being submitted;

(2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid price or price

proposal of the bidder or offeror or of any competitor, or otherwise taken any action in restraint of free

competitive bidding in connection with the contract for which the accompanying bid or offer is submitted.

I. CERTIFICATION OF TAX PAYMENT


Except as validly contested, the business has paid, or has arranged payment of all taxes due the State of Maryland and has

filed all required returns and reports with the Controller of the Treasury, the State Department of Assessments and

Taxation, and the Department of Labor, Licensing, and Regulation, as applicable, and will have paid all withholding taxes

due the State of Maryland prior to final settlement.

J. CONTINGENT FEES


The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide

employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or

secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other

entity, other than a bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other

consideration contingent on the making of the Contract.

K. ACKNOWLEDGEMENT

I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of:

(1) the State of Maryland; (2) counties or other subdivisions of the State of Maryland ;(3) other states; and (4) the federal

government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of

Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submission of this

bid or proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit

of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the constitution

and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations, terms, and



43

covenants undertaken by the above business with respect to (1) this affidavit, (2) the contract, and (3) other Affidavits

comprising part of the contract.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF

THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND

BELIEF.

Date:_______________________________________

By:

____________________________________________

(Print name of Authorized Representative and Affiant)

____________________________________________

(Signature of Authorized Representative and Affiant)



44

Section VIII.

CONTRACT ADDENDUM

MANDATORY CONTRACT ADDENDUM

COMAR 21.07.01.25

Bidder shall complete and submit this contract affidavit to the Legal Department of Washington County Public Schools to

attach with the contract form.

A.AUTHORITY

I HEREBY AFFIRM THAT:

I, (print name)___________________________________________possess the legal authority to make this Affidavit.

B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE DEPARTMENT OF

ASSESSMENTS AND TAXATION


The business named above is a (check applicable items):

Corporation- ___domestic ____or foreign

Limited Liability Company- ___domestic ___or foreign

Partnership- ___domestic ___or foreign

Statutory Trust- __domestic ___or foreign

Sole Proprietorship____

and is registered or qualified as required under Maryland Law.

I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction

where it is presently organized, and has filed all of its annual reports, together with filing fees, with the Maryland State

Department of Assessments and Taxation. The name and address of its resident agent (IF APPLICABLE) filed with State

Department of Assessments and Taxation is:

Name and Department ID

Number: ____________________________Address:_____________________________

and that if it does business under a trade name, it has filed a certificate with the State Department of Assessments and

Taxation that correctly identifies that true name and address of the principal or owner as:

Name and Department ID Number:_______________________________

Address:____________________________________________________.

C. FINANCIAL DISCLOSURE AFFIRMATION


I am aware of, and the above business will comply with, the provisions of the State Finance and Procurement Article §13-

221, Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements

with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate

$100,000 or more shall ,within 30 days of the time when the aggregate value of the contracts, leases, or other agreements

reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of

beneficial ownership of the business.

D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION

I FUTHER AFFIRM THAT:

I am aware of, and the above business will comply with, Election Law Article §§14-191-14-108, Annotated Code of

Maryland, which requires that every person that enters into contracts, leases, or other agreements with the State of

Maryland, including its agencies or a political subdivision of the State, during a calendar year in which the person receives

in the aggregate $100,000 or more shall file with the State Board of Elections a statement disclosing contributions in

excess of $500 made during the reporting period to a candidate for elective office in any primary election.

E. DRUG AND ALCOHOL FREE WORKPLACE



45

(Applicable to all contracts unless the contract is for a law enforcement agency and the agency head’s designee has

determined that application of COMAR 21.11.08 and this certification in connection with the law enforcement agency’s

undercover operations.)

I CERTIFY THAT:

(1) Terms defined in COMAR 21.11.08 shall have the same meanings when use in this certification.

(2) By submission of its bid or offer, the business, if other than an individual, certifies and agrees that, with respect to

its employees to be employed under a contract resulting from this solicitation, the business shall:

(a.) Maintain a workplace free of drug and alcohol abuse during the term of the contract;

(b.) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing,

possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business’ workplace and

specifying the actions that will be taken against employees for violation of the prohibitions;

(c.) Prohibit its employees form working under the influence of drugs or alcohol;

(d.) Not hire or assign to work on the contract anyone who the business knows, or in the exercise of due diligence

should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol

abuse assistance or rehabilitation program;

(e.) Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its

workplace if the business has observed the violation or otherwise has reliable information that a violation has

occurred;

(f.) Establish drug and alcohol abuse awareness programs to inform its employees about:

(i) The dangers of drug abuse and alcohol abuse in the workplace;

(ii) The business’s policy of maintaining a drug and alcohol free workplace;

(iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and

(iv) (iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace;

(g.) Provide all employees engaged in the performance of the contract with a copy of the statement required by

§E(2)(b), above;

(h.) Notify its employees in the statement required by §E(2)(b), above, that as a condition of continued

employment on the contract, the employee shall:

(i.) Abide by the terms of the statement; and

(ii) Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the

workplace not later than 5 days after a conviction;

(i)Notify the procurement officer within 10 days after receiving notice under §E(2)(h)(ii), above, or otherwise

receiving actual notice of a conviction;

(j)Within 30 days after receiving notice under §E(2)(h)(ii),above, or otherwise receiving actual notice of a

conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a

drug or alcohol abuse offense occurring in the workplace:

(i) Take appropriate personnel action against an employee, up to and including termination; or

(ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or

rehabilitation program; and

(k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of §E(2)(a)-

(j),above.

(3) If the business is an individual, the individual shall certify and agree as set forth in §E(4), below, that the

individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or

alcohol in the performance on the contract.

(4) I acknowledge and agree that:



46

(a.) The award of the contract is conditional upon compliance with COMAR 21.11.08 and this

certification;

(b.) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to suspend

payments under, or terminate the contract for default under COMAR 21.07.01.11 or 21.07.03.15, as

applicable; and

(c.)The violation of the provisions of COMAR 21.11.08 or this certification in connection with the

contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and

debarment of the business under COMAR 21.08.03.

F. CERTAIN AFFIRMATIONS VALID


To the best of my knowledge, information, and belief, each of the affirmations, certifications, or acknowledgments

contained in that certain Bid/Proposal Affidavit dated________________________, 20____, and executed by me for the

purpose of obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of

the date of this Contract Affidavit and as if fully set forth herein.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF

THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND

BELIEF.

Date:_______________________________

By:_____________________________________________

(Printed name of Authorized Representative and Affiant)

________________________________________________

(Signature of Authorized Representative and Affiant)



47

SECTION X. “NO BID” REPLY FORM

To assist us in obtaining good competition on our Invitations to Bid, we ask that each firm that has received an invitation,

but does not wish to bid, state their reason(s) below. This information will not preclude receipt of future invitations unless

you request removal from the Bidders List by so indicating below.

RFP#: 2014-44 RFP TITLE: Financial & Human Resource Information

Management System

Unfortunately, we must offer a “NO BID” at this time because:

□ 1. We do not wish to participate in the bid process.

□ 2. We do not wish to bid under the terms and conditions of the Invitation to Bid document. Our

objections are:

□ 3. We do not feel we can be competitive.

□ 4. We cannot submit a bid because of the marketing or franchising policies of the manufacturing

company.

□ 5. We do not wish to sell to the Washington County Public Schools. Our objections are:

□ 6. We do not sell the items/services on which bids are requested.

□ 7. Other:

FIRM

SIGNED

□ We wish to remain on the Bidders List

□ We wish to be deleted from the Bidders List. DATE:_____________________________________________



48

PRICE PROPOSAL FORM TO: Washington County Public Schools Telephone (301) 766-2842

Purchasing Department Fax: (301) 766-2859 820 Commonwealth Ave. Hagerstown, Maryland 21740

Proposal submitted by: __________________________________________________________________

In compliance with this Request for Proposal, the undersigned hereby proposes and agrees to provide, install and train, and maintain, a Financial and Human Resource Information Management System, as proposed in our accompanying Technical Proposal for the following total prices:

(Form 1 Format) Lump Sum

Amount Total

Perpetual License Fee $______________ 1st Year Maintenance for Perpetual Software Maintenance $______________

1st Year Maintenance for Optional Annual Services $______________

1st Year 3rd Party Equipment, Software & Services $______________

TOTAL PAYMENT DUE:

$______________

Preparation Phase Completion $______________

Acceptance Test Phase Completion $______________

Pilot Phase Completion $______________

Deployment Phase Completion $______________

Post Deployment Phase Completion $______________

TOTAL PAYMENT DUE:

$______________

2nd Year Maintenance for Perpetual Software Maintenance $______________

2nd Year Maintenance for Optional Annual Services $______________

2nd Year 3rd Party Equipment, Software & Services $______________

TOTAL PAYMENT DUE:

$______________

3rd Year Maintenance for Perpetual Software Maintenance $______________

3rd Year Maintenance for Optional Annual Services $______________



49

3rd Year 3rd Party Equipment, Software & Services $______________

TOTAL PAYMENT DUE:

$______________

4th Year Maintenance for Perpetual Software Maintenance $______________

4th Year Maintenance for Optional Annual Services $______________

4th Year 3rd Party Equipment, Software & Services $______________

TOTAL PAYMENT DUE:

$______________


5th Year Maintenance for Optional Annual Services $______________

5th Year 3rd Party Equipment, Software & Services $______________

TOTAL PAYMENT DUE: $______________

GRAND TOTAL- FIVE YEAR PRICE:

$______________ Exceptions- By submitting this Proposal, I/we acknowledge that our firm can meet the qualifications and requirements as detailed and further agree to all terms, conditions and specifications as outlined within this solicitation document except as noted below: ________________________________________________________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________ (If none, write “NONE”)

I/We certify that this bid is made without previous understanding, agreement, or connection with any person, firm or corporation submitting a bid for the same items and/or services and is, in all respects fair and without collusion or fraud; that none of this company’s officers, directors, partners or its employees have been convicted of bribery, attempted bribery, or conspiracy to bribe under the law of any state or federal government; and that no member of the Board of Education of Washington County, Administrative or Supervisory Personnel or other employees of the Board of Education has any interest in the bidding company except as follows: (complete if applicable) ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Price details are provided in the additional Forms required which are attached to this price proposal form

(check as applicable): Form 2__________Form 3_________ Form 4__________Form 5 __________Form 6_________



50

Receipt of Addenda #1____, #2____, #3____, #4____, is hereby acknowledged (if applicable). Name (Print) _____________________________ Date ______________________ Signature _____________________________ Phone ______________________ Title _____________________________ Fax ______________________ Company _____________________________ Email ______________________ Address _______________________________________________________________

RFP 2014-44, Financial Human Resources Information Management


Form 2. Pricing Detail by Commodity

Software Modules/Platform

(List) Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Total

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

Perpetual Software

Maintenance

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

Optional Annual Services

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

RFP 2014-44, Financial Human Resources Information Management


Form 2. Pricing Detail by Commodity

3rd Party Equipment, Software & Services

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

________________________________$_______________ $_______________$_______________$_______________$_______________$_______________$_______________

RFP 2014-44, Financial and Human Resource Information Management System

Washington County Public Schools - Form 3, Unit Prices

Job Functions

Daily Rate Per

Person:

1. Executives $__________

2. Senior Technical or Subject Matter Experts $__________

3. Managers and Specialists $__________

4. Developers $__________

5. Technical Assistance and Support $__________

6. Training $__________

Form 3, Unit Prices

RFP 2014-44, Financial and Human Resources Information Management

Washington County Public Schools Form 4 Services by Staff Costs

Implementation Services by Staff Number of Days Cost per Day Total Cost

Executive $_____________ $_____________

Senior Technical or Subject Matter Expert $_____________ $_____________

Managers and Specialists $_____________ $_____________

Developers $_____________ $_____________

Trainers and Support Staff $_____________ $_____________

Follow-up and Support Training $_____________ $_____________

Coaching and mentoring (Full day) $_____________ $_____________

Discount Amount ($___________)

Total Implementation Services by Staff $_____________

RFP 2014-44, Financial and Human Resources Information Management System

Washington County Public Schools - Form 5

Amount Payment Due

Payment for Software License

Perpetual License Fee $______________

Payment for License Due Date:

Upon Contract

Signatures

Total Payment for License: $______________

Payment for Perpetual Software Maintenance Payable On:

1st Year Maintenance for Perpetual Software Maintenance $______________ After installation


1 Year after

Installation


2 Years after

Installation


3 Years after

Installation


4 Years after

installation

Total- 5 Years Perpetual Software Maintenance $______________

Payment for On-Going Annual Services Payable On:

1st Year Maintenance for Annual Services $______________ After installation

2nd Year Maintenance for Annual Services $______________

1 Year after

Installation

3rd Year Maintenance for Annual Services $______________

2 Years after

Installation

4th Year Maintenance for Annual Services $______________

3 Years after

Installation


4 Years after

installation

Total 5 Years On-Going Annual Services $______________

Payment 3rd Party Equipment, Software & Services Payable On:

1st Year - 3rd Party Equipment, Software & Services $______________ After installation

2nd Year - 3rd Party Equipment, Software & Services $______________

1 Year after

Installation

3rd Year 3rd Party Equipment, Software & Services $______________

2 Years after

Installation

4th Year - 3rd Party Equipment, Software & Services $______________

3 Years after

Installation

5th Year - 3rd Party Equipment, Software & Services $______________

4 Years after

installation

Total 5 Years -3rd Party Equipment, Software & Services $______________

Payment Schedule Detail by Commodity

RFP 2014-44, Financial and Human Resources Information Management System

Washington County Public Schools - Form 5

Payment Schedule for

Implementation ServicesPercentage Due Amount

Payable On:

Preparation Phase _____________% $______________

Upon completion

of Preparation

Phase

Acceptance Test Phase _____________% $______________

Upon completion

of Acceptance

Test Phase

Pilot Phase _____________% $______________

Upon completion

of Pilot Phase

Deployment Phase _____________% $______________

Upon completion

of Deployment

Phase

Post Deployment Phase _____________% $______________

Upon completion

of Post

Depoloyment

Phase

Total Payment for Implementation Services $______________

SIF Software Amount Payable On:

1st Year Initial Cost $______________ After installation

1st Year SIF Software $______________ After installation

2nd Year SIF Software $______________

1 Year after

Installation

3rd Year SIF Software $______________

2 Years after

Installation

4th Year SIF Software $______________

3 Years after

Installation

5th Year SIF Software $______________

4 Years after

installation

Total Payment 5 Year On-Going SIF Software $______________

Details- 3rd Party Equiment, Software and Maintenance



Amount Due Upon Contract Signing:

Perpetual License Fee $______________

1st Year Maintenance for Perpetual License Fee $______________

1st Year Maintenance for Annual Services $______________

1st Year- 3rd Party Equipment, Software & Services $______________

Total Payment Due: $______________

Payment Schedule for

Implementation Services:

Preparation Phase Completion $______________

Acceptance Test Phase Completion $______________Pilot Phase Completion $______________

Deployment Phase Completion $______________

Post Deployment Phase Completion $______________


Amount Due 1st Year after Initial

Installation


2nd Year Maintenance for Annual Services $______________

2nd Year- 3rd Party Equipment, Software & Services $______________


Amount Due 2nd Year after Initial

Installation


3rd Year Maintenance for Annual Services $______________

3rd Year- 3rd Party Equipment, Software & Services $______________


$______________

Amount Due 3rd Year after Initial

Installation



4th Year- 3rd Party Equipment, Software & Services $______________


Amount Due 4th Year after Initial

Installation



5th Year- 3rd Party Equipment, Software & Services $______________


Form 6. Payment Schedule by Year



TOTAL 5 YEAR COST: $______________

Notes: This pricing must be firm and valid for a minimum period of 180 days.

rfp #2014-44, financial and human resources management ... · time for the purpose of selecting a...

Documents