Delaware Health
And Social Services
DIVISION OF MANAGEMENT SERVICES

			PROCUREMENT


          				DATE:  January 29, 2008 

  PSC #797
						
HEALTH SYSTEMS PROTECTION PERMITTING DATA BASE   

          FOR
      
       DIVISION OF PUBLIC HEALTH  
					
	
                         Date Due: 	MARCH 18, 2008
				11:00 AM


 ADDENDUM # 1		Please Note:
	
THE ATTACHED SHEETS HEREBY BECOME A PART OF 
THE ABOVE MENTIONED BID.


							___________________________
							SANDRA S. SKELLEY, CPPO
					PROCUREMENT ADMINISTRATOR
							(302)255-9291


							_____________________________		
							FRIEDA FISHER-TYLER 
							(302) 744-4546




CLARIFICATIONS

1. Off-network capabilities are not required. All users will access the application via the state network.

2. The Report Module will consist of an initial set of pre-defined parameterized reports. (This initial set of reports will be defined by the 
various programs and will be created prior to implementation.) After implementation, requests for additional reports will be submitted to 
the Helpdesk. The Helpdesk will develop the new reports and add them to the Report Module.

3. The Fee Tracking & Billing Module will track client demographics, calculate appropriate fees based on schedules and business 
rules, print invoices, track payment status, and perform other related functions. This module is not a formal accounts-receivable 
system, and will not process transactions, authorize payments, or perform any other fiscal activities.

4.  Enforcement history component in the RFP must allow for perpetual tracking of enforcement actions for a given legal entity (defined 
by EIN or SSN), such as notice of violation, violation type, violation severity level, date of inspection, type of inspection, required 
compliance date, actual compliance date, administrative penalty levied, fine paid, for a permitted facility.  Tracking must also be 
provided for sanctions levied against an individual’s professional certification, such as annulment, suspension, or revocation.

5. Solutions hosted by a third party will be considered, but the preference is for the application be hosted on the state's internal DHSS 
network. 

6. If the application is hosted on the state's network, it should support integrated authentication. (The application should obtain the 
user's credentials from the network and not require them to log into the application.)

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Qstn. 
#
Sect. #
Page 
#
Question
Response
1
2.3
3
The RFP states, “The Division and Information Resource 
Management (IRM) will appoint co-Project Directors. These 
individuals will be responsible for monitoring project progress and will 
have final authority to approve/disapprove project deliverables and 
payments. IRM will serve as the technical liaison with DTI (see below). 
The selected contractor will coordinate efforts for this project with the 
Division and IRM co-Project Directors.”

How will 2 individuals serve as the final authority for deliverable 
approval and payment? How will the Department ensure alignment of 
these 2 approval authorities?
Approval will be done according to 
existing DPH internal procedures.

2
3
4
Does “HSP Permitting Database” refer to the backend database only, 
or the application, inclusive of its database?


The “HSP Permitting Database” 
refers to the full application 
(including the database).
3
3.1
4
Is there a preferred GIS software package?


ESRI is the preferred GIS software 
package.
4
3.1
5
The RFP states, “System maintenance/customer support 24 
hours/day, 7 days/week” 

Will the solution be hosted in government facilities or at contractor 
facilities (development, UAT, production)?
Helpdesk coverage will be required 
7am – 7pm M-F (excluding holidays)

3rd-party hosted solutions will be 
considered; however, the preference 
is for the application to be hosted on 
the state’s internal network.
5
3.1
6
The RFP states that there will be a “Fee tracking and Billing Module”.

Is Electronic Funds Transfer required in this system?
No EFT, fee tracking and billing will 
be an electronic process to replace 
current paper trail

See Program Response Attachment

6
3.1
6
The RFP states, “Data migration: System shall allow for data migration 
via upload from Excel spreadsheets or other methodology deemed 
feasible.”

Will this migration occur as part of the implementation only or is their 
a continuing need to allow data migrations using the user interface? 

What data is tracked today in the Excel spreadsheets?
There will be an ongoing need 
beyond implementation for the 
application to periodically connect to 
external data sources maintained by 
the programs in order to update 
demographic data and data from 
which fees are calculated, certificates 
are derived, etc.

7
4.2
10
The RFP states that “It is important to note that documentation on the 
existing systems may be missing, incomplete, out of date or in error.”

Will access to existing systems (of various user types) be granted to the 
vendor to allow for verification of documentation?
This access will be granted to the 
winning vendor.
8
4.3
11
“Remote connectivity through SSLVPN is available for offsite work 
for contracted staff that must access, update or maintain servers 
and/or applications in the DMZ.”

Does this imply hosting is to occur at government facilities? Are there 
staff available 24/7/365 at the hosting site to assist in accessing 
hardware?

Are vendor staff to be co-located with government staff at the hosting 
site?
Hosting may be proposed as either 
off-site or on-site (at the Biggs Data 
Center). There is 24x7 helpdesk 
response available for critical issues.

Required on-site staff as specified in 
section 5.1 of the RFP will be co-
located.
9
5.1
12
Will the state provide functional experts for participation in JADs. 
What are the broad or specific functional areas that will be provided 
for? This will indicate any gaps that need to be filled with contractor 
functional experts, as called for in section 5.1.


Yes, SMEs will be provided to 
represent each business process to 
participate in JADs.
10
5.1.1
13
“Contractor will be responsible for all other office necessities including 
workstation and required software.”

Can the vendor include the cost of these items in the cost proposal, if 
the workstations and software are dedicated to this project?
Equipment and software purchased 
with contract funds become the 
property of DPH.
11
5.1.1
13
On-Site Staffing Requirement:

Are all of the positions listed required on site beyond year 1? If not, 
please advise which positions would remain beyond year 1.
No, on-site staffing not required 
beyond 1 year.
12
5.1.6
14
“Vendor Help Desk expertise is critical to the success of the system. 
Staff proposed for this function does not need to be dedicated 
exclusively to this role.”

Please provide the number of users by user type to assist with vendor 
calculation of help desk support requirements. What hours of the day 
will each user type access the system?

Helpdesk support is required 7am-
7pm M-F for system administrators, 
program administrators, field staff, 
data entry

See Program Response Attachment
13
5.6
16
“In terms of proposal costs, vendor will be expected to develop total 
project costs that include purchase of hardware and software, out year 
hardware and software licensing, support and maintenance costs along 
with staffing projection costs.”

How many years forward must be considered when pricing for the 
“out years”?

5 years out
14
5.1.1
17
“Sungard Recovery Systems is contracted as the client/server and 
mainframe cold site contractor.”

Should the vendor cost proposal include hardware for housing at 
Sungard or does the Department’s contract with Sungard cover 
hardware?
The department’s contract with 
Sungard covers DR hardware.
15
5.15.2
20
“a separate, isolated UAT environment shall be set up so as to 
minimize interference with the production environment.”

Will the UAT environment remain throughout contract duration to 
assist with the user acceptance of system corrections or functional 
changes?
The UAT environment will remain 
available throughout contract 
duration.
16
5.15.6
21
Will training be conducted via the web or face-to-face? Is ongoing 
training to be provided by the vendor? Shall train-the-trainer or 
refresher training be submitted with the cost proposal?
Initial training must be provided 
onsite by the vendor and targeted to 
each level of user.
17
4.4
11
How may the Contractor present relevant facts to facilitate a fast and 
fully informed determination with respect to whether the Contractor 
has satisfied the performance standards? 
Process for evaluating performance 
standards is outlined in the RFP and 
will be determined by DHSS co-
Project Directors
	
18
N/A	
N/A
If Contractor’s ability to invoice depends on data from the Division, 
and the Division does not provide this data in a timely manner, may 
Contractor invoice and be paid on good-faith estimates?

 
Division anticipates providing 
information in an acceptable 
timeframe.
19
8.8
36
Would the Division be willing to receive invoices by facsimile and 
make payments by wire transfer?


No, not at this time.
20
8.8
36
In the unlikely event that the Division were not to pay the undisputed 
amount of an invoice within 30 days, what late fee would the Division 
agree to pay with respect to that amount?


None.
21
8.8
36
What type of prompt payment discount would the Division prefer to 
receive for payment of an invoice before the end of the time period 
during which payment is required under the Contract?


None.
22
5.14, 
5.15.8
19 – 
22
Would the Division limit software warranties, where applicable, with 
customary exclusions for error-free operations so long as the software 
materially conforms with specifications?  


The winning bidder’s exceptions to 
the standard contract language will 
be discussed during contract 
negotiations.
23
8.5, 
Appendix 
C, § B.4
36, 
50
Would the Division agree that the Contractor will not be obligated to 
indemnify for the State’s breach of contract, negligence, recklessness, 
or intentional misconduct?
Section 8.5 of the RFP makes clear 
that the Contractor is only required 
to indemnify the State for acts or
omissions of the Contractor, not for 
acts or omissions by the Division.

24
8.5, 
Appendix 
C, § B.4
36, 
50
Would the Division provide the Contractor with the right to consent 
to the settlement of any claim for which the contractor must indemnify 
the State? Absent this right, accurately accounting for the risk of 
indemnification will be enormously challenging and may result in a 
higher risk-adjusted price for the State.

Yes, in principle, but the Bidder 
should draft language to that effect 
for the Division’s review and 
approval.

	
25
N/A
N/A
Would the Division agree to indemnify the Contractor for any breach 
of contract, negligence, recklessness, or intentional misconduct by the 
Division or its employees, including but not limited to damages caused 
by the incorrect entry of a social security number prior to the effective 
date of the Contract?

No.  Article VIII, Section 3 of the 
Delaware State Constitution 
prohibits such an indemnification 
agreement: “No money shall be 
borrowed or debt created by or on 
behalf of the State but pursuant to 
an Act of the General Assembly, 
…”
26
N/A
N/A
Would the Division agree to limit the Contractor’s liability to the 
Contractor’s revenue from the Agreement?

No.
27
5.1 – 5.1.6
12 – 
22 
Would the Division consider not requiring key personnel to be located 
in a specific office if, by so doing, the Contractor could provide better 
service?


Key personnel are expected to be 
located at state facilities specified in 
the RFP. Exceptions to this will be 
evaluated on a case by case basis.
28
5.1 – 5.1.6
12 – 
22 
Would the Division agree to provide Contractor with reasonable 
exceptions to the retention requirements of key personnel if doing so 
will allow the Division and Contractor to most efficiently manage 
staffing needs?    


Division expects vendor to adhere 
to retention requirements.  
Exceptions to this will be evaluated 
on a case by case basis.
29
Appendix 
A, § 8.
41
Would the Division clarify that the Contractor retains ownership of (i) 
general know-how, (ii) proprietary standard operating procedures, and 
(iii) intellectual property owned by third parties?


The Division does not believe the 
Contractor has any legally 
cognizable ownership interest in 
"general know-how" but 
acknowledges that Section 8 of 
Appendix A does not require the
Contractor to assign any rights in 
general, non-proprietary know-how. 
Please specify what "standard 
operating procedures" you believe 
may be "proprietary." As for 
intellectual property owned by third 
parties, if you have a lease or other 
agreement to use that information it 
must be assigned to the Division.

30
Appendix 
A, § 6.
41
Would the Division agree that a Contractor that is a for-profit entity 
only must complete an A-133 audit to the extent possible for such an 
entity?


Yes
31
Appendix 
C, § C.5
54
Would the Division agree that inspections, monitoring, and audits 
exclude personnel records, must be limited to the subject of the 
Contract, and must be conducted only upon 10 business days advance 
notice to Contractor to ensure that the Contractor will be prepared 
with the information that Division needs and thus save the Division 
time and money?


The inspections, monitoring, and 
audits can include the examination 
of any information that pertains to 
the contract.  This includes any 
information as to how the invoices 
for the services provided by the 
contractor are developed.  The 
Division will normally provide 10 
days notice but it also reserves the 
right to monitor, inspect and audit 
with less or no advance notice.
32
8.7
36
Except with respect to protected health information, would the 
Division agree to customary exceptions to Contractor’s obligation to 
keep information confidential, such as (i) publicly available through no 
act of recipient, (ii) already in possession, (iii) rightfully received from 
third party, (iv) independently developed, and (iv) required by judicial 
or government order to disclose?


The confidentiality clause applies 
only to information the Contractor 
may obtain from the Division during 
the course of the project and 
therefore would not apply to: 
information already known to the 
contractor, information that is 
publicly available, or information 
acquired from third parties. Please 
identify what information you 
believe you may be required to
disclose "by judicial or government 
order."

33
8.3
35
Would the Division agree to extend the contract only with the consent 
of the Contractor?


No.  Extending the contact would 
be considered amending the 
contract. Appendix C, paragraph 
B.14 states, ”This contract shall not 
be altered, changed, modified or 
amended except by written consent 
of all Parties to the contract.”  

34
N/A
N/A
May Contractor have at least thirty (30) days to cure a breach of 
contract?  


The Division will provide the 
contractor with 30 days notice of 
conditions endangering their 
performance under the contract 
resulting from this RFP prior to 
taking any action to terminate the 
contract.

35
Appendix 
C, 
§ B.11(c)
52
Would the Division provide the Contractor with at least sixty (60) 
calendar days notice of termination without cause to facilitate a smooth 
transition of services?

As stated in Appendix C, Paragraph 
B.11.c, the contract can be 
terminated “by either party without 
cause upon thirty (30) calendar days 
written notice to the other party, 
unless a longer period is specified in 
Appendix A.”  The Division would 
consider allowing 60 calendar days 
written notice of termination as a 
provision in the contract resulting 
from this RFP.  However, that 
discussion would occur during 
contract negotiations with the 
successful bidder.
36
Appendix 
C, 
§ B.11(c)
52
Would the Division clarify that, if the Division terminates without 
cause, the Division must reimburse Contractor for start-up costs and 
costs associated with employee terminations?


As it states in Appendix C, 
Paragraph B. 11, “The Contractor 
shall be entitled to receive 
reasonable compensation as 
determined by the Department in its 
sole discretion for any satisfactory 
work completed on such documents 
and other materials that are usable to 
the Department.  Whether such 
work is satisfactory and usable is 
determined by the Department in its 
sole discretion.”  The Division may 
reimburse the contractor for these 
costs.
37
Appendix 
C, 
§ B.11(c)
52
Would the Division clarify what standards will be used to determine 
whether partially completed work turned over upon termination meets 
the “satisfactory and usable” standard?  


Whether the work is satisfactory and 
usable is to be determined in the 
sole discretion of the Department 
and cannot be determined in 
advance but only on a case-by-case 
basis.

38
Appendix 
C, 
§ B.11(c)
52
Would the Division clarify whether any transition activities are required 
of Contractor and whether Contractor will be compensated for such 
activities?  
A "continuity of services" clause 
would be to the Division’s benefit. 
The following proposed language 
may be discussed with the successful 
bidder:
The Contractor agrees to furnish 
phase-in training and to exercise its 
best efforts and cooperation to 
effect an orderly and efficient 
transition to a successor subject of 
the Division’s approval. The 
Contractor shall be reimbursed for 
all reasonable phase-in, phase-out 
costs.

39
Appendix 
C, 
§ B.14
51
Would the Division agree that if statutory or regulatory changes impact 
contract scope, performance, or payment, then the State shall equitably 
adjust Contractor’s compensation?


In the event of a significant statutory 
or regulatory change, the Contractor 
may submit a written proposal to the 
Division to amend the agreement 
pursuant to Appendix C, 14.

	
40
	
N/A
N/A
Would the Division agree to mediation for resolution of disputes to 
facilitate the better understanding and the most productive discussion 
concerning contractual issues? 


No.
	
41
	
N/A
N/A
Would the Division agree that its response related to a dispute must be 
issued within 30 calendar days, to facilitate a swift and amicable 
resolution? 


The RFP does not have a "right to 
cure" clause. Paragraph 11(a)
of Appendix C provides for 
termination for cause or 
documented unsatisfactory 
performance with five days’ notice.

	
42
	
N/A
N/A
Would the Division agree to excuse performance by the Contractor as 
a result of any event beyond the reasonable control of Contractor, 
including but not limited to strikes, telecommunications outages, and 
terrorist acts, so long a performance is excused only to such extent and 
duration as is reasonably necessary?


The bidder is asking for what is 
commonly known as a "force 
majeure" clause. The Division may 
be willing to include such a clause in 
the contract (a court would likely 
imply such a clause into the contract 
as a matter of law).  However, we 
suggest it be more limited in scope 
and would propose the following 
language: The Contractor shall not 
be liable for any failure or delay in 
performance under the Contract 
which is the direct and proximate 
result of war, riot, civil disturbance, 
act of God or public enemy or 
terrorist, including drought, flood, 
earthquake, storm, fire, lightening, 
epidemic, sabotage, or labor strike.











RFP Reference


Qstn. #
Section	
Page
Comment/Question
Response
43
3.1
 4-6
Is there a requirement to utilize the current data model?

No. A path for 
migrating current 
program data into the 
application database 
must be provided, 
however.
44
3.1
4-6
Data Entry Requirements:
Is the system required to allow individuals schedule and take online 
tests?

No, testing is 
currently handled by 
external exam 
administration firms.
45
3.1
4-6
Capability to produce customized permits, licenses and certificates:
Are the certificates printed using pre-printed certificates from multiple 
sources or are they printed from one source and then mailed out?


Multiple certificates 
are currently used.  
DPH will consider 
use of standard 
formatting across all 
certificates on case by 
case basis.
46
3.1
(p. 4-6)
Reports Module:
 Is there any specific reporting tool that needs to be used or is the 
reporting capability limited to pre-defined reports generated within 
the application? 

Reporting capability 
is limited to pre-
defined 
parameterized reports 
generated within the 
application. Requests 
for additional reports 
must be fulfilled by 
the Helpdesk and 
made available via the 
application’s 
Reporting Module.
47
3.1
(p. 4-6)
Reports Module:
 Regarding the requirement to pull data from other modules to 
generate management reports: Is the data from the other modules 
stored in a relational database?


All the modules 
referenced will exist 
in the subject 
database. 
48
3.1
(p. 4-6)
Fee tracking and billing module: 
Is the process to apply the administrative fees and penalties 
subjective? 

No.
49
3.1
(p. 4-6)
Fee tracking and billing module: 
Is there an existing Algorithm or is one needed? 


Permit fees vary from 
program to program 
and are based on 
program data, 
schedules, and 
specific business 
rules.
See Program Response 
Attachment


50
3.1
(p. 4-6)
Fee tracking and billing module: 
Is there a need for an accounting system to manage the billing and 
payments?


No. Please refer to 
RFP Clarification for 
additional description 
of the Fee Tracking 
and Billing Module.

51
5.6
16
State Architecture Requirements 
Would there be any issue in using WebLogic as the application server?


This is not a 
preferred technology.
52
5.7
16
Database Design 
Is the choice of Oracle as the backend database acceptable?


Oracle as a backend 
is acceptable. Given 
that DHSS staff have 
limited technical 
experience with this 
platform, vendor will 
be expected to 
provide support for 
this product.

53
5.9
16-17
Degree of Customization 
The RFP states that in case of a COTS software the customization 
should not exceed 20%. What if requirement mandates changes that 
will make the customization more than 20%? Is this flexible?


The division expects 
a COTS product that 
will satisfy most of its 
requirements out of 
the box. Excessive 
customization will 
increase costs.  DPH 
expects to limit its 
customization 
requirements to stay 
within budget.
54
5.15.2
20
Site Requirements
Can you provide some details of the existing infrastructure at the 
Biggs Data center?


This will be discussed 
with the winning 
vendor.
55
5.15.2
20
Site Requirements
Are all the users going be behind the state firewall?


Yes.

56
5.15.2
20
Site Requirements
Is the state going to grant access to the Vendor via VPN or Secure 
ID?


VPN
57
5.15.3
21
System Testing
Are there any specific testing tools that are supported by the state of 
Delaware to conduct performance, load and regression tests?


Bidder is expected to 
propose tools and 
/or methodology for 
this purpose. 
However the state 
has in the past has 
used openSTA and 
has contracted with a 
vendor using 
Loadrunner.
58


Confidentiality of Data
It was stated that Web access may be required for users in the field. 
With an increase in identify theft via the internet and in line with the 
voluntary initiatives taken by other states, what (if any) are the 
applicable laws in the State of Delaware mandating the redaction of 
personal information such as social security numbers from documents 
accessed via the Web?


Confidentiality and 
appropriate security 
measures will be 
discussed with the 
winning vendor.



RFP Reference

Qstn. #
Section
	
Page
Comment/Question
Response
59


How many custom reports (and number of pages per report) do you want 
the vendor to provide with the new system?



To be determined 
application 
definition and 
design process.
60


For data conversion, what are the systems and number of records for each 
system to be converted?



See Program 
Response attachment.
61


Where does the state get property information from (such as address, tax 
id, ownership, etc.)?  If from multiple sources, how many sources?



Property data is 
obtained from a 
variety of sources.
62


Can the State provide the required forms listed in the RFP in MS Word 
format so that they can be filled out electronically?



Application 
forms will be 
provided in PDF 
format.
See Attachments



RFP Reference

Qstn. #
Section
Page
Comment/Question
Response
63

13
Since DHSS will be providing the office space for the contractor’s on-
site presence (pg 13) is it safe to assume that the contractors will be 
sitting with the DHSS staff and not with the IT group?  Will the IRM 
Project Director be located in the same building? 



IRM
64

10
On page 10 in section 4.2, in the statement reading “No DHSS technical 
staff will be assigned to this project to assist in the coding of the 
system.” does coding refer to application development or the definition 
and mapping of field value lists? 



Both.
65


Is the vendor’s help desk expected to support ad-hoc reporting?


Yes, follow-up 
report 
development 
would be sought 
through help desk.

66


What is the expected response time for support issues that arise outside 
normal business hours?  Is the expectation that a live person would 
answer the support phone at all times or would a pager and an agreed 
upon response time suffice? 



Live support is 
expected 7am-
7pm EST M-F.
67
5.15.7

In regards to section 5.15.7 (Support Services), does the state expect the 
vendor to install future updates and new releases or simply make them 
available to the state? 





In the event IRM 
hosts the 
application; IRM 
would be 
implementing all 
production moves. 
In the event the 
application is 3rd 
party hosted it is 
expected the 
vendor would 
implement all 
production moves.
68

17
On page 17, the RFP states that software will be categorized as COTS if 
customization does not exceed 20%.  How are the 20% calculated?  If 
the vendor has a modular software solution and plans on using the 
existing framework (security functionality, database schema, etc.) and 
modifying an existing module to create a new one that fully meets the 
requirements of this RFP, would this be considered within the 20% 
allowed for customization

The division 
expects a COTS 
product that will 
satisfy most of its 
requirements out 
of the box. 
Excessive 
customization will 
increase costs.  
DPH expects to 
limit its 
customization 
requirements to 
stay within budget.


DELAWARE HEALTH AND SOCIAL SERVICES,
HEALTH SYSTEMS PROTECTION PERMITTING DATABASE, PSCO-797
QUESTIONS AND ANSWERS
26 of 26

DELAWARE HEALTH AND SOCIAL SERVICES,
HEALTH SYSTEMS PROTECTION PERMITTING DATABASE, PSCO-797

DELAWARE HEALTH AND SOCIAL SERVICES,
HEALTH SYSTEMS PROTECTION PERMITTING DATABASE, PSCO-797