STATE OF DELAWARE DELAWARE HEALTH AND SOCIAL SERVICES DIVISION OF MANAGEMENT SERVICES 1901 N. DuPont Highway New Castle, DE 19720 REQUEST FOR PROPOSAL NO. PSC- 804 FOR DELAWARE Automated CHILD SUPPORT ENFORCMENT SYSTEM (DACSES) REPLACEMENT IMPLEMENTATION PROJECT MANAGEMENT OFFICE (PMO) SERVICES DIVISION OF CHILD SUPPORT ENFOECEMENT SUITE 84-A CHRISTIANA ROAD NEW CASTLE, DE 19720 DEPOSIT WAIVED PERFORMANCE BOND WAIVED DATE DUE 11:00 a.m. March 3, 2008 DELAWARE HEALTH AND SOCIAL SERVICES DIVISION OF MANAGEMENT SERVICES PROCUREMENT BRANCH HERMAN M. HOLLOWAY SR. HEALTH AND SOCIAL SERVICES CAMPUS 1901 N. DUPONT HIGHWAY NEW CASTLE, DELAWARE 19720 REQUEST FOR PROPOSAL #PSC- 804 Sealed proposals for the DACSES Replacement Implementation Project Management Office for the Division of Child Support Enforcement will be received by the Delaware Health and Social Services, Procurement Branch, Main Administration Building, Second Floor, Room #259, (South Loop), 1901North DuPont Highway, Herman M. Holloway Sr. Health and Social Services Campus, New Castle, Delaware 19720, at or before 11:00 am, on March 3. 2008-which time they will be opened, read and recorded. For further information concerning this RFP, please contact Heather Morton (302) 395-6660. There will be no pre-bid meeting. Mandatory registration of interested bidders is required and must be received by February 15, 2008. Bidders must register in writing their interest in bidding with Heather Morton by e-mail at Heather.Morton@state.de.us or by fax at (302)-395-6735. Questions may be submitted until February 15, 2008 and responses will be given by February 22, 2008. Questions must be submitted in writing to Heather Morton at Heather.Morton@state.de.us. NOTE TO VENDORS: Your proposal must be signed and all information on the signature page completed. If you do not intend to submit a bid and you wish to be kept on our mailing list you are required to return the face sheet with “NO BID” stated on the front with your company’s name, address and signature. IMPORTANT: ALL PROPOSALS MUST HAVE OUR SEVEN-DIGIT PSC# NUMBER ON THE OUTSIDE ENVELOPE. IF THIS NUMBER IS OMITTED YOUR PROPOSAL WILL IMMEDIATELY BE REJECTED. FOR FURTHER BIDDING INFORMATION PLEASE CONTACT: SANDRA SKELLEY DELAWARE HEALTH AND SOCIAL SERVICES PROCUREMENT BRANCH 1901 NORTH DUPONT HIGHWAY HERMAN M. HOLLOWAY SR. HEALTH AND SOCIAL SERVICES CAMPUS NEW CASTLE, DELAWARE 19720 PHONE: (302) 255-9290 This contract resulting from this RFP shall be valid for the period of time as stated in the contract. If a bidder wishes to request a debriefing, they must submit a formal letter to the Procurement Administrator, Delaware Health and Social Services, Main Administration Building, Second Floor, (South Loop), 1901 North DuPont Highway, Herman M. Holloway Sr., Health and Social Services Campus, New Castle, Delaware 19720, within ten (10) days after receipt of “Notice of Award”. The letter must specify reasons for request. IMPORTANT: DELIVERY INSTRUCTIONS IT IS THE RESPONSIBILITY OF THE BIDDER TO ENSURE THAT THE PROPOSAL HAS BEEN RECEIVED BY THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES BY THE DEADLINE. Table of Contents 1. OVERVIEW 2 2. SCOPE OF SERVICE 2 3. DCSES REPLACEMENT PROJECT BACKGROUND 3 3.1. HISTORY 3 3.3. TECHNICAL SUPPORT STRUCTURE 4 3.4. SCOPE OF EFFORT 5 4. VENDOR STAFFING: 6 4.1. PROJECT MANAGER 6 4.2. PROJECT CONTROL ADMINISTRATOR 7 5. QUESTIONS AND PROJECT REVIEW REQUIREMENTS: 9 5.1. BIDDER QUESTIONS 9 5.2. SUBMISSION PROCEDURES 9 5.3. GENERAL CONDITIONS 10 5.3.1. Proposals Become State Property 10 5.3.2. Proposal and Final Contract 10 5.3.3. Amendments to Proposals 10 5.3.4. Pre-Contract Costs 10 5.3.5. Contractor's Equipment 10 5.3.6. Funding Disclaimer Clause 10 5.3.7. Contract Termination Clause 11 5.3.8. Debriefing 11 6. REQUIRED INFORMATION AND PROPOSAL FORMAT 11 6.1. Proposal Contents 11 7. NOTIFICATION TO BIDDERS 14 8. SELECTION PROCESS 15 8.1. Proposal review Committee 15 8.2. Evaluation Of Proposal Schedule 15 8.3. Evaluation Process 15 8.4. Proposal Review Committee: 15 8.5. Proposal Selection Criteria 15 9. NON-COLLUSION STATEMENT 16 10. SECURITY 17 11. CONFIDENTIALLITY AND DATA INTEGRITY 17 12. CONTRACT TERMS AND CONDITIONS 17 APPENDICES 21 A. PROJECT ORGANIZATIONAL CHART 22 B. RESUME FORMAT 24 C. CERTIFICATION 26 D. STANDARD DEPARTMENT CONTRACT 29 E. NON-COLLUSION STATEMENT & CLASSIFICATION 38 F. CONTRACTOR CONFIDENTIALITY (NON-DISCLOSURE) AND INTEGRITY OF DATA AGREEMENT 40 G. NON-DISCLOSURE AGREEMENT 42 H. DHSS BIGGS DATA CENTER USER AUTHORIZATION FORM 44 I. STATE OF DELAWARE CONTRACTS DISCLOSURE 46 J. BIDDERS SIGNATURE FORM 48 K. OMNBE SELF CERTIFICATION FORM 50 RFP PSC- 804 REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES TO PROVIDE Replacement Implementation Project Management Office For Delaware Automated Child Support Enforcement System (DACSES) ISSUED BY THE DIVISION OF CHILD SUPPORT ENFORCEMENT DELAWARE DEPARTMENT OF HEALTH AND SOCIAL SERVICES Request For Proposal RFP PSC - 804 1. OVERVIEW Delaware Department of Health and Social Services, the Division of Child Support Enforcement (DCSE) and seeks a qualified organization to manage the implementation of a multimillion dollar project to replace DACSES. This request for proposals (“RFP”) is issued pursuant to 29 Del. C. §§6902(1), 6981 and 6982. The proposed schedule of events subject to the RFP is outlined below: Public Notice January 21 and 28, 2008 Mandatory Registration of interested bidders February 15, 2008 Written Questions to be submitted February 15, 2008 Answers to Questions distributed February 22, 2008 Deadline for Receipt of Proposals on or before 11:00 a.m. March 3, 2008 Notification of Award March 31, 2008 The proposal must conform to the requirements of the Proposal Procedures and the Required Information Sections of the RFP. The State specifically reserves the right to waive any informalities or irregularities in the proposal format. Each proposal must be accompanied by a cover letter which briefly summarizes the proposing firm’s interest in providing the required professional services. The cover letter must also clearly state and justify any exceptions to the requirements of the RFP which the applicant may have taken in presenting the proposal. The state reserves the right to deny any and all exceptions taken to the RFP requirements. 2. SCOPE OF SERVICE The State of Delaware (State) is seeking proposals from qualified vendors to supply professional services to manage the replacement of the Delaware Automated Child Support System (DACSES) project and the implementation of the State Disbursement System automation project. In addition, the selected vender will be responsible for supporting the creation of a Project Management Office (PMO) within DCSE. 3. DCSES REPLACEMENT PROJECT BACKGROUND 3.1. History The Delaware Automated Child Support Enforcement System (DACSES) was implemented in 1987, and has been operational for over 20 years. DACSES was certified by the federal Office of Child Support Enforcement under the Family Support Act of 1988 (FSA’88) requirements in February 1996. This system is required to support every aspect of child support enforcement from case initiation through the complexities of financial management. Because the IV-D program is complex and ever changing, states without a modern child support system face bigger challenges in meeting the needs of their customers and in achieving the goals of the IV-D program than do states with state of the art child support computer systems. Unfortunately Delaware’s DACSES computer system does not adequately support DCSE’s current business processes. The system’s antiquated functionality and technical core serves to prevent DCSE from meeting or even pursuing many of its program goals. These system deficiencies permeate every aspect of DCSE’s performance. DACSES does not support effective case management in today’s child support environment. Much of the work that has been automated in states with newer computer systems is still done manually (or not at all) in Delaware, including locate, document generation, and tracking of critical milestones in the life cycle of a case. DCSE began the replacement process in 2004 and has made significant investments and progress toward replacing DACSES with modern technology. The progress to date and the plans for the remaining effort are detailed below. DACSES Replacement Phase I- As a first step to replacing DACSES, DCSE received approval in the FY 2005 budget to retain a contractor to perform a database conversion from IMS to DB2 for DACSES. This project, begun in 2005 was completed in February 2006. DACSES Replacement Phase II – In this phase DCSE will complete the federally mandated Feasibility Study, Alternatives and Risk Analysis. A contractor has completed the draft analysis and will assist the state in preparing the documents required to ensure federal financial participation in the implementation the DACSES replacement system. The same contractor will also prepare an Implementation Advance Planning Document (IAPD) which will outline for OCSE approval, the plan for the implementation phase of the replacement project and will assist DCSE with developing the RFP for implementation vendor selection. DACSES Replacement Phase III An integral component in the plan for replacing DACSES with modern technology is the installation of an automated solution for processing payments in DCSE’s State Disbursement Unit (SDU). The current SDU is largely a manual process, with payments being logged directly into DACSES. By implementing new technology, DCSE will be equipped to process increased payment volume without adding new staff, and payments can be processed faster, and more accurately than is possible currently. The automated SDU would operate independently of DACSES, but share information via planned interfaces, which would allow the SDU to continue operating during times when the DACSES environment is unavailable. The new technology will allow DCSE to shift existing staff from the labor intensive manual routine preparation and logging, to research and problem resolution, thereby reducing errors and the incidence of unidentified payments. The vendor selection for the SDU implementation is underway with an early 2008 kick-off planned. This phase also includes a comprehensive Business Process Reengineering Study (BPR). The BPR will document the current child support intake, establishment, enforcement, and financial processes and identify the gaps between those processes and the system proposed for transfer. The BPR is a critical component to a timely and cost-effective development of the DACSES replacement. DACSES Replacement Phase IV This phase of the DACSES replacement encompasses the beginning of the comprehensive re-design and implementation for the new system. 3.2. Purpose In preparation for this phase DCSE plans to establish a PMO to improve the overall project management capability for the DACSES replacement effort. Augmenting the existing management team with a professionally managed PMO will allow DCSE to provide improved comprehensive project management capabilities in keeping with guidelines established in the Project Management Body of Knowledge (PMBOK) published by the Project Management Institute. Establishing a PMO is expected to improve the consistency of project management processes and standardize project operations. At a minimum, the PMO will be responsible for managing the project from the development and release of the RFP for an implementation vendor through certification of the new system by the Department of Health and Human Services, Administration for Children and Families, Office of Child Support Enforcement. The DHSS/DCSE intends to select a single vendor to provide comprehensive project management services. 3.3. Technical Support Structure Three groups have the primary responsibility in the development and operation of the automated systems that support DCSE: the Division of Child Support Enforcement’s Systems Unit (DCSE-SU), the Division of Management Services’ Information Resource Management Unit (IRM) and the Department of Technology and Information (DTI). For purposes of the DACSES replacement project DCSE will appoint a Project Executive who will oversee the project on behalf of the Executive Sponsors group . This individual will be responsible for monitoring project progress and will have final authority to approve/disapprove project deliverables and payments based on the recommendation of the Project Manager who will be secured through this RFP. The selected contractor will coordinate efforts for this project with the Project executive and the executive sponsors group. Division of Child Support Enforcement, Systems Unit (DCSE-SU) The DCSE-SU is responsible for working with child support enforcement policy and operational staff, state automated systems support staff, Federal agencies, contractor staff and any other automated systems user, programming support or policy development staff that rely on the DACSES system. For this project, DCSE-SU staff, along with other key DCSE staff, will work with the selected contractor and serve as subject matter experts (SME) and members of the project team Information Resource Management (IRM) The IRM unit is responsible for providing DHSS divisions with direct programming support of automated systems, as well as consulting support and advice on automated systems software and development. IRM consists of an Applications Development, Technology Planning, Base Technology, Telecommunications and HelpDesk support group. For this project, IRM will provide staff for the project team Department of Technology and Information (DTI) DTI is a separate cabinet level agency responsible for running the State of Delaware’s mainframe computer operations, wide area data network and setting statewide IT policy and standards. DTI as a separate state agency does not fall under the authority of DHSS. However, DTI is responsible for supplying mainframe and Wide Area Network (WAN) systems support to DHSS as well as other state agencies. Additionally, DTI provides 24x7 data center operations support. DTI provides state agencies with technical consultant services. DTI will work closely through IRM and the executive sponsors group on this project to ensure that State IT standards are followed. 3.4. Scope Of Effort DCSE expects the selected vendor to provide the expertise necessary to perform the following tasks. Within each defined task heading, there may be one or more specific deliverables expected to be produced. * Task 1 – Contract Administration and Reporting – including but not limited to o Review of project design and identification of opportunities for efficiency o Review and/or develop project management schedules for use by internal and external stakeholders (D-1) o Reviews project proposal and deliverables with the selected vendor, the State Project Managers and other related departments that will be involved to determine proper lead-time, funding limitations, procedures for accomplishing project tasks, staffing requirements, and allotment of available resources to various phases of project. (D-2) * Task 2 - Management of the PMO o Establish work plan and staffing for each phase of the project and with the State Project Managers and the selected vendor. (D-3) o Must manage and direct all day-to-day activities. o Confer with project staff to outline work plan and to assign duties, responsibilities, and scope of authority. o Monitor all deliverables and customer expectations daily by directing and coordinating activities of project personnel to ensure project progress in all areas. * Task 3 - Project Level Project Management (PM) Services o Design control procedures to ensure quality during design and production processes (D-4) o Monitor and review any status reports needed to track progress of project activity daily o Prepares project Status reports for the Sponsors, State Project management team, and others, as prescribed. (D-5) o Responsible for working with State Project Director and project staff on updating and refreshing all project l documentation * Task 4 - Enterprise Level PM Services o Participation on the management committees of collaborative projects * Task 5 - Knowledge Transfer o Plan for and complete training of State staff in documentation management, change control management and warranty management. All tasks are to be conducted and deliverables prepared according to established guidelines and standards (e.g., PMBOK, IEEE, ISO, etc.). Vendors are to indicate referenced guidelines and standards in their proposal. (D-6) 4. VENDOR STAFFING: 4.1. Project Manager The Project Manager will manage the DACSES Replacement imitative on behalf of the State and support the Project Executive through fulfillment of the following objectives: * Review of project design and identification of opportunities for efficiency * Review and/or develop project management schedules for use by internal and external stakeholders * Design control procedures to ensure quality during design and production processes * Participation on the management committees of collaborative projects * Establishes work plan and staffing for each phase of the project and with the State Project Managers and the selected vendor. * Reviews project proposal and deliverables with the selected vendor, the State Project Managers and other related departments that will be involved to determine proper lead-time, funding limitations, procedures for accomplishing project tasks, staffing requirements, and allotment of available resources to various phases of project. * Must manage and direct all day-to-day project activities. * Confer with project staff to outline work plan and to assign duties, responsibilities, and scope of authority. * Monitor all deliverables and customer expectations daily by directing and coordinating activities of project personnel to ensure project progress in all areas. * Monitor and review any status reports needed to track progress of account activity daily * Prepares project Status reports for the Sponsors, State Project management team, and others, as prescribed. * Coordinate with all project staff as necessary to maintain internal and external documents. QUALIFICATIONS: * 5-10 years direct project management experience with projects of similar size and scope. * Proven analytical and project management skills working with Government agencies. * High-level analytical and strategic planning skills and the ability to manage and * Child support experience * High level oral and written communication skills, interpersonal skills, and negotiating ability * Ability to prioritize and manage multiple tasks in a fast paced environment * Strong team player with well developed people skills * Experience with at least one health information system project * Certified Associate in Project Management (CAPM) or Project Management Professional (PMP) designation is highly desirable * Minimum Education Level : University - Bachelor Degree 4.2. Project Control Administrator The Project Control Administrator will work with the Project Manager to assist in the implementation of the Project Management Plan, including monitoring project task completion, remaining effort, schedule, and budget. The Project Control Administrator will also assist in preparation of weekly status reports. She or he will guide the flow of information to and from project stakeholders and direct development of outreach materials such as brochures, videos, posters, media packets, etc to promote information about the development and implementation of the new system as well as preview its functional capabilities. Other responsibilities include: * Controlling and organizing the documents generated throughout the project * Maintaining the project schedule * Ensuring project compliance with applicable regulations * Maintaining budget information QUALIFICATIONS * A minimum of 5 years of advanced administrative support experience preferably in large project management environments * Advanced information and task organizations skills * Proven analytical skills * Demonstrated oral and written communication skills, * Ability to prioritize and manage multiple tasks in a fast paced environment Both the Project Manager and the Project Control Officer must be skilled in the use of Microsoft Project. Experience with additional project and resource management software and/or tools are also desirable. Both positions are expected to be on-site in New Castle, Delaware full- time (40 hr. per week- Monday through Friday) for the duration of the project. In addition the vendor may be given the opportunity to provide additional staff to augment the state positions assigned to the Project Management office. 5. QUESTIONS AND PROJECT REVIEW REQUIREMENTS: 5.1. BIDDER QUESTIONS All questions shall be submitted in written form only and shall reference the pertinent RFP section(s) and page number(s). Questions and written answers will be distributed to all vendors submitting questions and as an addendum to the RFP. Questions should be sent via fax or email to: Division Contact Name Heather Morton Division Name Division of Child Support Enforcement Division Address Churchman’s Corporate Center PO Box 11223 Wilmington De 19850 Division Contact Email Heather.Morton@state.de.us Division Contact Fax: 302-395-6735 From the issue date of this RFP until a determination is made regarding the selection of a proposal, all contacts with personnel of the Division of Substance Abuse and Mental Health and other agencies in the Department of Health and Social Services must be cleared through the agency contact. 5.2. SUBMISSION PROCEDURES To be considered, all proposals must be submitted in writing and respond to the items outlined in this RFP using the requested format. The State reserves the right to reject any non-responsive or non-conforming proposals. Each proposal must be submitted with 6 copies, along with two (2) softcopy versions in Microsoft Word® on an IBM® compatible CD, in a sealed envelope conspicuously labeled “Sealed Proposal - State of Delaware – RFP PSC 804 DCSE Implementation Project Manager. The envelope should also contain the name, address and telephone number of the proposing firm. If delivered by mail, the proposal shall be enclosed in an “inner” enveloped labeled as indicated above. All proposals must be delivered in person or by mail to: Sandra Skelley, Procurement Administrator DE Department of Health & Social Services Division of Management Services Procurement Branch, DHSS Campus Administration Building- 2nd Floor Main Bldg., Room 259 1901 N. DuPont Highway New Castle, DE 19720 Any proposal submitted by mail shall be sent by either certified or registered mail. Proposals must be received at the above address no later than 11:00 am on March 3, 2008. Any proposal received after this time shall not be considered and shall be returned unopened. The proposing firm bears the risk of delays in delivery. The contents of any proposal shall not be disclosed as to be made available to competing entities during the negotiation process. The CDs used for this submittal shall be virus checked by the prospective firm before submittal and shall be accompanied by a signed certification indicating the virus detection software used including the date and version. 5.3. GENERAL CONDITIONS 5.3.1. Proposals Become State Property All proposals become the property of the State of Delaware, and will not be returned to the proposer. All proposers should be aware that government solicitations and the responses thereto are in the public domain. Parts of the proposal, which the proposer considers to be proprietary, should be clearly marked as such. Such requests will be evaluated under the provisions of 29 Del. C. Chapter 100, but shall not be binding on the Department to prevent disclosure of such information. Final discretion on releasing materials rests with DHSS. 5.3.2. Proposal and Final Contract The contents of each proposal will be considered binding on the proposer and subject to subsequent contract confirmation if selected. The content of the successful proposal and the RFP will be incorporated into any resulting final contract. All prices, terms, and conditions contained in the proposal shall remain fixed and valid for ninety (90) days after the proposal due date. If the proposer is unwilling to comply with any of the requirements, terms, or conditions of the RFP, objections must be clearly stated in the proposal. Objections will be considered and may be subject to negotiation at the discretion of the State. 5.3.3. Amendments to Proposals Amendments to proposals will not be accepted after the receipt deadline for proposals is passed, unless requested by the Division in writing. The State reserves the right at any time to request clarifications and/or further technical information from any or all proposers submitting proposals. 5.3.4. Pre-Contract Costs All pre-contract activities or costs incurred by proposers in the preparation of their proposals, or during any negotiations on proposals or proposed contracts, or for any work performed in connection therewith, shall be borne by the proposer. 5.3.5. Contractor's Equipment The State of Delaware will not be responsible for the contractor's equipment due to loss, theft, or destruction. 5.3.6. Funding Disclaimer Clause The Department reserves the right to reject or accept any bid or portions thereof, as may be necessary to meet the Department’s funding limitations and processing constraints. The Department reserves the right to terminate any contractual agreement without prior notice in the event that the state determines that state or federal funds are no longer available to continue the contract. 5.3.7. Contract Termination Clause The Department may terminate the contract resulting from this request at any time that the contractor fails to carry out the provisions or to make substantial progress under the terms specified in this request and the resulting proposal. The Department shall provide the contractor with thirty (30) days notice of conditions endangering performance. If after such notice the contractor fails to remedy the conditions contained in the notice, the Department shall issue the contractor an order to stop work immediately and to deliver all work and all work in progress to the state. The Department shall be obligated only for those services rendered and accepted prior to the date of notice of termination. Upon receipt of no less than thirty (30) days written notice, OR in accordance with contract provisions, the contract may be terminated on a date prior to the end of the contract period without penalty to either party. 5.3.8. Debriefing If a proposing firm wishes to request a debriefing for technical assistance purposes, the proposing firm shall submit a formal letter to the Contracts Manager, Division of Substance Abuse and Mental Health, First Floor, Main Administration Building,, 1901 N. DuPont Highway, Herman M. Holloway Sr. Health and Social Services Campus, New Castle, DE 19720, within 10 days after receipt of a letter informing the proposing firm of the outcome of the review and evaluation process. This letter shall specify reason(s) for the request. 6. REQUIRED INFORMATION AND PROPOSAL FORMAT The following information shall be provided in each proposal in the order listed below. Failure to respond to any request for information may result in rejection of the proposal. 6.1. Proposal Contents The bidders Proposal shall consist of and be labeled with the following sections: A. Transmittal Letter B. Required Forms C. Executive Summary D. Project Plan and Project Requirements E. Staff Qualifications and Experience F. Firm Past Performance and Qualifications G. Corporate Stability and Resources H. Project Costs and Budget The format and contents for the material to be included under each of these headings is described below. Each subsection within the Bidder’s Proposal must include all items listed under a heading because evaluation of the proposals shall be done on a section-by-section or functional area basis. Transmittal Letter (Section A) The Transmittal Letter shall be written on the bidder's official business letterhead stationery. The letter is to transmit the proposal and shall identify all materials and enclosures being forwarded collectively in response to this RFP. The Transmittal Letter must be signed by an individual authorized to commit the company to the scope of work proposed. It must include the following in the order given: 1. An itemization of all materials and enclosures being forwarded in response to the RFP 2. A statement certifying that the proposal CD has been scanned and is free from viruses and other malicious software. 3. A reference to all RFP amendments received by the bidder (by amendment issue date), to warrant that the bidder is aware of all such amendments in the event that there are any; if none have been received by the bidder, a statement to that effect must be included 4. A statement that all proposal conditions are valid for 180 days from the deadline date for proposal submission 5. A statement that price and cost data are not contained in any part of the bid other than in the Business Proposal volume 6. A statement that certifies pricing was arrived at without any collusion or conflict of interest Required Forms (Section B) This section of the proposal will include the following completed forms: Certification and Statement of Compliance Appendix C: This is a mandatory form in which the bidder must certify certain required compliance provisions. State of Delaware Contracts Disclosure Appendix I: On this form, bidder shall list all contracts awarded to it or its predecessor firm(s) by the State of Delaware that have been active during the last three (3) years. Failure to list any contract as required by this paragraph may be grounds for immediate rejection of the bid. Bidders Signature Form Appendix J. This is a standard bidder information form. Executive Summary (Section C) Present a high-level project description to give the evaluation team and others a broad understanding of the bidder’s approach to this project. This should summarize project purpose, key project tasks, a timeline, qualifications of key personnel, along with any subcontractor usage and their scope of work. A summary of the bidder's corporate resources, including previous relevant experience, staff, and financial stability must be included. The Executive Summary is limited to a maximum of ten (10) pages. Project Plan and Project Requirements (Section D) Description of required staff resources and hours Include in the staffing proposal a fully loaded rate for each staff person bid in case changes to the project scope necessitate a contract amendment. Bidder must describe their understanding and approach to meet the expectations and mandatory requirements specified in Section 3.4. Please address each numbered subsection in this section separately in sequence as “RFP Section 4.x.x”. Address bulleted and titled requirement paragraphs within subsections as “Bullet n” and “Paragraph Title” respectively. Staff Qualifications and Experience (Section E) Bidders shall submit a staff skills matrix in their own format to summarize relevant experience of the proposed staff, including any subcontractor staff in large IT project management and with established guidelines and standards (e.g., PMBOK, IEEE, ISO, etc. Special emphasis should be given to CSE-specific experience. Resumes will be formatted as outlined in Appendix B and included in this section of the proposal. If sub or co-contractors are being proposed, then include the name and address of each subcontractor entity along. Any sub or co-contractor entity(s) proposed will need prior approval by the State before the contract is signed. If proposing no sub or co-contractors, please state in this proposal section “No sub or co-contractors are being proposed as part of this contract.” Firm Past Performance and Qualifications (Section F) The bidder shall describe their corporate experience within the last five (5) years directly related to the proposed contract, other large-scale government IT projects, contract monitor, quality assurance and IV&V experience. Experience of proposed subcontractors shall be presented separately. The bidder must describe their experience with at least two (2) similar management at least one (1) completed IT management project at a state level. Provide a summary description of each of the projects including the contract cost and the scheduled and actual completion dates of each project. For each project, provide name, address and phone number for an administrative or managerial customer reference familiar with the bidder’s performance. Corporate Stability and Resources (Section G) The bidder shall describe its corporate stability and resources that will allow it to complete a project of this scale and meet all of the requirements contained in this RFP. The bidder’s demonstration of its financial solvency and sufficiency of corporate resources is dependent upon whether the bidder's organization is publicly held or not: If the bidder is a publicly held corporation, enclose a copy of the corporation's most recent three years of audited financial reports and financial statements, a recent comprehensive Dun and Bradstreet credit report, and the name, address, and telephone number of a responsible representative of the bidder's principle financial or banking organization; include this information with copy of the Technical Proposal and reference the enclosure as the response to this subsection; or if the bidder is not a publicly held corporation, the bidder may either comply with the preceding paragraph or describe the bidding organization, including size, longevity, client base, areas of specialization and expertise, a recent comprehensive Dun and Bradstreet credit report, and any other pertinent information in such a manner that the proposal evaluator may reasonably formulate a determination about the stability and financial strength of the bidding organization; also to be provided is a bank reference and a credit rating (with the name of the rating service); and disclosure of any and all judgments, pending or expected litigation, or other real or potential financial reversals, which might materially affect the viability or stability of the bidding organization; or warrant that no such condition is known to exist. This level of detail must also be provided for any subcontractor(s) who are proposed to complete at least ten (10) percent of the proposed scope of work. Project Costs and Budget (Section H) The bidders shall develop a project budget based s a fully loaded hourly rate for each of the two positions specified. The positions should be budgeted full time (40.0 per week). The budget should project costs for each year of the 4-year term of the contract. In addition, the vendor may propose – in a separate budget attachment under this section - fully loaded rates for the following types of positions – business analyst’s , technical analyst and trainer. Please note that DCSE will provide office space and network access for all staff located on site. The vendor will be responsible for providing laptops and software for all vendor staff. 7. NOTIFICATION TO BIDDERS "Bidder shall list all contracts awarded to it or its predecessor firm(s) by the State of Delaware; during the last three years, by State Department, Division, Contact Person (with address/phone number), period of performance and amount. The Evaluation/Selection Review Committee will consider these additional references and may contact each of these sources. Information regarding bidder performance gathered from these sources may be included in the Committee's deliberations and factored in the final scoring of the bid. Failure to list any contract as required by this paragraph may be grounds for immediate rejection of the bid." NOTE: The successful bidder for this RFP-(the Project Management Office) shall be precluded from bidding on any other aspect of the DACSES replacement implementation project. 8. SELECTION PROCESS 8.1. Proposal review Committee Shall select the Firm/Person they feel will supply the State the best and most complete effort. Selection will be based on the proposals and subsequent oral interviews, if needed. 8.2. Evaluation Of Proposal Schedule The evaluation of proposal shall proceed on the following schedule: Start on March 4, 2008 with completion on or about March 31, 2008 8.3. Evaluation Process All proposals submitted in response to the RFP shall be reviewed by the Proposal Review Committee. 8.4. Proposal Review Committee: The Proposal Review Committee shall be comprised of various State employees having knowledge and responsibilities related to the DACSES project. The Committee shall determine the firms which meet the minimum requirements pursuant to selection criteria of the RFP and procedures established in 29 Del. C. §§ 6981, 6982. The Committee shall interview at least one of the qualified firms. The Committee may negotiate with one or more firms during the same period and may, at its discretion, terminate negotiations with any or all firms. The Committee shall make a recommendation regarding the award to the DCSE Division Director who shall have final authority, subject to the provisions of this RFP and 29 Del. C. § 6982, to award a contract to the successful firm in the best interests of the State of Delaware. The State intends to award this contract to one vendor. 8.5. Proposal Selection Criteria The Proposal Review Committee shall assign up to the maximum number of points as stated in this Section for each Evaluation Item to each of the proposing firms. All assignments of points shall be at the sole discretion of the Proposal Review Committee. The proposals shall contain the essential information in which the award decision shall be made. The information required to be submitted in response to this RFP has been determined by DTI and the Proposal Review Committee to be essential for use by the committee in the evaluation and award process. Therefore, all instructions contained in this RFP shall be met in order to qualify as a responsive and responsible contractor and participate in the Proposal Review Committee’s consideration for award. Proposals which do not meet or comply with the instructions of this RFP may be considered non- conforming and deemed non-responsive and subject to disqualification at the sole discretion of the committee. The Committee reserves the right to: * Select for contract or for negotiations a proposal other than that with lowest costs. * Reject any and all proposals received in response to this RFP or to make no award or issue a new RFP. * Waive or modify any information, irregularity, or inconsistency in proposals received. * Request modification to proposals from any or all contractors during the review and negotiation. * Negotiate any aspect of the proposal with any firm and negotiate with more than one firm at the same time. All proposals shall be evaluated using the same criteria and scoring process. The following criteria shall be used by the Committee to evaluate proposals: * Experience and reputation; * Expertise (for the particular project under consideration); * Capacity to meet requirements (size, financial condition, etc.); * Demonstrated ability; * Familiarity with public work and its requirements; or * Distribution of work to individuals and firms or economic considerations. Hourly cost, annual escalation provisions, etc. In addition to the above, other criteria necessary for a quality, cost-effective project may be utilized. Each proposal shall be given individual attention, and a weighted average may be applied to criteria according to its importance to the project. For the selection process described in § 6982(b) of this title, price may be a criteria used to rank applicants under consideration. (70 Del. Laws, c. 601, § 9.) A Best and Final offer may be a part of the evaluation process. TOTAL POINTS 100 Points 9. NON-COLLUSION STATEMENT The Non-Collusion Statement must be completed in its entirety, signed by the appropriate vendor official and notarized. This executed form must be included as a part of your proposal. 10. SECURITY Computer, network, and information security is of paramount concern for the State of Delaware and the Department of Technology and Information. The State wants to ensure that computer/network hardware and software does not compromise the security of its IT infrastructure. The SANS Institute and the FBI have released a document describing the Top 20 Internet Security Threats. The document is available at www.sans.org/top20.htm for your review. The Contractor is guaranteeing that any systems or software provided by the Contractor are free of the vulnerabilities listed in that document. 11. CONFIDENTIALLITY AND DATA INTEGRITY The Department of Technology and Information is responsible for safeguarding the confidentiality and integrity of data in State computer files regardless of the source of those data or medium on which they are stored; e.g., electronic data, computer output microfilm (COM), tape, or disk. Computer programs developed to process State Agency data will not be modified without the knowledge and written authorization of the Department of Technology and Information. All data generated from the original source data, shall be the property of the State of Delaware. The control of the disclosure of those data shall be retained by the State of Delaware and the Department of Technology and Information. The selected Project Manager must comply with DHSS policies and standards, and will be required to sign the DHSS Biggs Data Center User Authorization Form and the Biggs Data Center Non-Disclosure Form. To obtain these forms, please print out the “Non-Disclosure Agreement” (Attachment 4). The Contractor is required to agree to the requirements in the Contractor Confidentiality (Non-Disclosure) and Integrity of Data Agreement, attachment # 2, and made a part of this RFP. Contractor employees, individually, may be required to sign the statement prior to beginning any work. 12. CONTRACT TERMS AND CONDITIONS The following provisions constitute the terms and conditions of the contractual agreement between the State of Delaware, Department of Health and Social Services (DHSS DCSE) and its DACSES Replacement Implementation Project management contractor. This section contains terms and conditions specific to this RFP. Contract Composition The terms and conditions contained in this section constitute the basis for any contract resulting from this RFP. The State will be solely responsible for rendering all decisions on matters involving interpretation of terms and conditions. All contracts shall be in conformity with, and shall be governed by, the applicable laws of the federal government and the State of Delaware. The component parts of the contract between the State of Delaware and the contractor selected from the evaluation of responses to this RFP shall consist of: * The Delaware contract signed by all parties, and any subsequent amendments to that document * The RFP, inclusive of appendices and exhibits * Any amendments to the RFP The contractor's proposal and any written clarifications or representations incorporated as part of the procurement process. The order of precedence among the contract components shall be, first, the contract for DACSES Replacement Implementation Project Management; second, the RFP and any amendments to it; third, the contractor's proposal, including any clarifications requested and incorporated therein by the State of Delaware. In the event of any conflict between the terms and provisions of this contract and other documents executed preliminary to construction of this contract, the terms and provisions of this contract shall prevail over conflicting terms and provisions in these other documents. Payment for Services Rendered Services will be bound by a firm fixed price contract. Payments will be made monthly based upon the contractor's performance as determined by six month reviews made by the project executive and approved by the Executive Sponsors group. This review will include the review and acceptance of any deliverables specified in section 3.3 as well as a determination regarding satisfactory performance. All invoices will be approved by the State’s Project Executive. Contract Term The maximum term of the project is 4 years from date of execution and may be extended for 2 additional years. The contract may be terminated by either party upon thirty (30) days written notice. In the event the successful firm materially breaches any obligation under this Agreement, DCSE may terminate this Agreement upon thirty (30) days written notice. A copy of the DHSS boilerplate contract is attached (Attachment # 3). Contractor Personnel DHSS shall have the right to require the Contractor to remove any individual from his/her assignment to this Agreement by the Contractor or any subcontractor, if, in the opinion of DHSS, such employee is uncooperative, inept, incompetent or otherwise unacceptable. If the vendor must make a staff substitution for whatever reason, a staff person with equivalent qualifications and experience will be proposed to the State as soon as possible. The State Project Executive must approve this substitution before their term on the project begins. In the event that a staff position becomes temporarily or permanently vacant for any reason, including the contractor’s choice to reassign a staff member, DHSS may reduce payments to the Contractor in the amount equal to the vacated positions pay rate for the time period the position is vacant. DHSS may choose to waive its right to reduce payments if the State Project Executive approves a proposed replacement staff member who can assume the vacated position immediately upon its vacancy. DTI Requirements The Supplier(s) shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all services furnished by the Supplier(s), its subcontractors and its and their principals, officers, employees and agents under this Agreement. In performing the specified services, the Supplier(s) shall follow practices consistent with generally accepted professional and technical standards. The Supplier(s) shall be responsible for ensuring that any services, products and deliverables furnished pursuant to this Agreement comply with the standards promulgated by the Department of Technology and Information (DTI) and as modified from time to time by DTI during the term of this Agreement. These standards will be provided upon request to vendors upon registration as interested bidders. f any service, product or deliverable furnished pursuant to this Agreement does not conform to DTI standards, the Supplier(s) shall, at its expense and option either (1) replace it with a conforming equivalent or (2) modify it to conform to DTI standards. The Supplier(s) shall be and remain liable in accordance with the terms of this Agreement and applicable law for all damages to Delaware caused by the Supplier's failure to ensure compliance with DTI standards. Funding This project is scheduled to be funded 66% by the Federal government and 34% by the State of Delaware under the current Federal Financial Participation ratio for this type of state child support enforcement functions and activities. This contract is dependent upon the approval of the projects plans, inclusion the plan for project management and upon appropriation of the specific funds necessary subject to those approvals therefore by the State and Federal governments. DHSS reserves the right to reject or accept any bid or portion thereof, as may be necessary to meet its funding limitations and processing constraints. Confidentiality The use or disclosure of IV-D case information is closely regulated by Federal law, and the contractor shall safeguard any client information that may be obtained during the course of this project. The contractor shall safeguard any client information that may be obtained during the course of the project and will not use the information for any purpose other than the Contract may require. Miscellaneous Requirements The awarding of this contract will take into account an assessment of all factors relevant to the interests of the State of Delaware in the performance of its responsibilities under Title IV- D of the Social Security Act. Appendices Appendices referenced in this RFP are included in this section. A. Project Organizational Chart B. Resume Format C. Certifications D. Standard Department Contract E. Non- Collusion Statement & Classifications form F. Contractor Confidentiality (Non-Disclosure) and Integrity of Data Agreement G. Non-Disclosure Agreement H. DHSS Biggs Data Center User Authorization Form I. State of Delaware Contracts Disclosure J. Bidders Signature Form K. OMNBE Self Certification Form (Optional) Appendix A. Project Organizational Chart Project Organizational Chart Appendix B. Resume Format Key Position Resume Name: Proposed Project Position: Number of years experience in the proposed position: Number of years experience in this field of work: Detail Training/Education (Repeat the format below for as many degrees/certificates as are relevant to this proposal. Dates between training/education may overlap.) Degree/Certificate Dates of Training/Education Detail Experience (Repeat the format below for as many jobs/projects as are relevant to this proposal. Dates between jobs/projects may overlap.) Job/Project: Position: From Date: To Date: Description of the tasks this person performed in this job/project. Detail any state or government planning projects and specify the role of the person on each project Appendix C. Certification DELAWARE HEALTH AND SOCIAL SERVICES REQUEST FOR PROPOSAL CERTIFICATION SHEET As the official representative for the proposer, I certify on behalf of the agency that: a. They are a regular dealer in the services being procured. b. They have the ability to fulfill all requirements specified for development within this RFP. c. They have independently determined their prices. d. They are accurately representing their type of business and affiliations. e. They will secure a Delaware Business License. f. They have acknowledged that no contingency fees have been paid to obtain award of this contract. e. The Prices in this offer have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other contractor or with any competitor; f. Unless otherwise required by Law, the prices which have been quoted in this offer have not been knowingly disclosed by the contractor and prior to the award in the case of a negotiated procurement, directly or indirectly to any other contractor or to any competitor; and g. No attempt has been made or will be made by the contractor in part to other persons or firm to submit or not to submit an offer for the purpose of restricting competition. h. They have not employed or retained any company or person (other than a full-time bona fide employee working solely for the contractor) to solicit or secure this contract, and they have not paid or agreed to pay any company or person (other than a full-time bona fide employee working solely for the contractor) any fee, commission percentage or brokerage fee contingent upon or resulting from the award of this contract. g. They (check one) operate ___an individual; _____a Partnership ____a non-profit (501 C-3) organization; _____a not-for-profit organization; or _____for Profit Corporation, incorporated under the laws of the State of Del. h. The referenced offerer has neither directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with this bid submitted this date to Delaware Health and Social Services. i. The referenced bidder agrees that the signed delivery of this bid represents the bidder’s acceptance of the terms and conditions of this invitation to bid including all specifications and special provisions. n. They (check one): _______are; _____are not owned or controlled by a parent company. If owned or controlled by a parent company, enter name and address of parent company: __________________________________________ __________________________________________ __________________________________________ __________________________________________ Violations and Penalties: Each contract entered into by an agency for professional services shall contain a prohibition against contingency fees as follows: 1. The firm offering professional services swears that it has not employed or retained any company or person working primarily for the firm offering professional services, to solicit or secure this agreement by improperly influencing the agency or any of its employees in the professional service procurement process. 2. The firm offering the professional services has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working primarily for the firm offering professional services, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this agreement; and 3. For the violation of this provision, the agency shall have the right to terminate the agreement without liability and at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. The following conditions are understood and agreed to: a. No charges, other than those specified in the cost proposal, are to be levied upon the State as a result of a contract. b. The State will have exclusive ownership of all products of this contract unless mutually agreed to in writing at the time a binding contract is executed. Date Signature & Title of Official Representative Type Name of Official Representative Appendix D. Standard Department Contract Contract Boiler Plate A. Introduction 5. This contract is entered into between the Delaware Department of Health and Social Services (the Department), Division of ______________ (Division) and _______________________ (the Contractor). 2. The Contract shall commence on __________________ and terminate on _____________ unless specifically extended by an amendment, signed by all parties to the Contract. Time is of the essence. (Effective contract start date is subject to the provisions of Paragraph C 1 of this Agreement.) B) Administrative Requirements 1. Contractor recognizes that it is operating as an independent Contractor and that it is liable for any and all losses, penalties, damages, expenses, attorney's fees, judgments, and/or settlements incurred by reason of injury to or death of any and all persons, or injury to any and all property, of any nature, arising out of the Contractor's negligent performance under this Contract, and particularly without limiting the foregoing, caused by, resulting from, or arising out of any act of omission on the part of the Contractor in their negligent performance under this Contract. 2. The Contractor shall maintain such insurance as will protect against claims under Worker’s Compensation Act and from any other claims for damages for personal injury, including death, which may arise from operations under this Contract. The Contractor is an independent contractor and is not an employee of the State. 3. During the term of this Contract, the Contractor shall, at its own expense, carry insurance with minimum coverage limits as follows: a) Comprehensive General Liability $1,000,000 and b) Medical/Professional Liability $1,000,000/ $3,000,000 or c) Misc. Errors and Omissions $1,000,000/$3,000,000 or d) Product Liability $1,000,000/$3,000,000 All contractors must carry (a) and at least one of (b), (c), or (d), depending on the type of service or product being delivered. If the contractual service requires the transportation of Departmental clients or staff, the contractor shall, in addition to the above coverage, secure at its own expense the following coverage: e) Automotive Liability (Bodily Injury) $100,000/$300,000 f) Automotive Property Damage (to others) $ 25,000 4. Not withstanding the information contained above, the Contractor shall indemnify and hold harmless the State of Delaware, the Department and the Division from contingent liability to others for damages because of bodily injury, including death, that may result from the Contractor’s negligent performance under this Contract, and any other liability for damages for which the Contractor is required to indemnify the State, the Department and the Division under any provision of this Contract. 5. The policies required under Paragraph B3 must be written to include Comprehensive General Liability coverage, including Bodily Injury and Property damage insurance to protect against claims arising from the performance of the Contractor and the contractor's subcontractors under this Contract and Medical/Professional Liability coverage when applicable. 6. The Contractor shall provide a Certificate of Insurance as proof that the Contractor has the required insurance. The certificate shall identify the Department and the Division as the “Certificate Holder” and shall be valid for the contract’s period of performance as detailed in Paragraph A 2. 7. The Contractor acknowledges and accepts full responsibility for securing and maintaining all licenses and permits, including the Delaware business license, as applicable and required by law, to engage in business and provide the goods and/or services to be acquired under the terms of this Contract. The Contractor acknowledges and is aware that Delaware law provides for significant penalties associated with the conduct of business without the appropriate license. 8. The Contractor agrees to comply with all State and Federal licensing standards and all other applicable standards as required to provide services under this Contract, to assure the quality of services provided under this Contract. The Contractor shall immediately notify the Department in writing of any change in the status of any accreditations, licenses or certifications in any jurisdiction in which they provide services or conduct business. If this change in status regards the fact that its accreditation, licensure, or certification is suspended, revoked, or otherwise impaired in any jurisdiction, the Contractor understands that such action may be grounds for termination of the Contract. 9. Contractor agrees to comply with all the terms, requirements and provisions of the Civil Rights Act of 1964, the Rehabilitation Act of 1973 and any other federal, state, local or any other anti discriminatory act, law, statute, regulation or policy along with all amendments and revision of these laws, in the performance of this Contract and will not discriminate against any applicant or employee or service recipient because of race, creed, religion, age, sex, color, national or ethnic origin, disability or any other unlawful discriminatory basis or criteria. 10. The Contractor agrees to provide to the Divisional Contract Manager, on an annual basis, if requested, information regarding its client population served under this Contract by race, color, national origin or disability. 11. This Contract may be terminated in whole or part: a) by the Department upon five (5) calendar days written notice for cause or documented unsatisfactory performance, b) by the Department upon fifteen (15) calendar days written notice of the loss of funding or reduction of funding for the stated Contractor services as described in Appendix B, c) 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. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, models, maps, photographs, and reports or other material prepared by Contractor under this contract shall, at the option of the Department, become the property of the Department. In the event of termination, the Contractor, upon receiving the termination notice, shall immediately cease work and refrain from purchasing contract related items unless otherwise instructed by the Department. 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. Should the Contractor cease conducting business, become insolvent, make a general assignment for the benefit of creditors, suffer or permit the appointment of a receiver for its business or assets, or shall avail itself of, or become subject to any proceeding under the Federal Bankruptcy Act or any other statute of any state relating to insolvency or protection of the rights of creditors, then at the option of the Department, this Contract shall terminate and be of no further force and effect. Contractor shall notify the Department immediately of such events. 12. Any notice required or permitted under this Contract shall be effective upon receipt and may be hand delivered with receipt requested or by registered or certified mail with return receipt requested. Either Party may change its address for notices and official formal correspondence upon five (5) days written notice to the other. 13. In the event of amendments to current Federal or State laws which nullify any term(s) or provision(s) of this Contract, the remainder of the Contract will remain unaffected. 14. This Contract shall not be altered, changed, modified or amended except by written consent of all Parties to the Contract. 15. The Contractor shall not enter into any subcontract for any portion of the services covered by this Contract without obtaining prior written approval of the Department. Any such subcontract shall be subject to all the conditions and provisions of this Contract. The approval requirements of this paragraph do not extend to the purchase of articles, supplies, equipment, rentals, leases and other day-to-day operational expenses in support of staff or facilities providing the services covered by this Contract. 16. This entire Contract between the Contractor and the Department is composed of these several pages and the attached: Appendix A - Divisional Requirements Appendix B - Services Description Appendix C - Contract Budget 17. This Contract shall be interpreted and any disputes resolved according to the Laws of the State of Delaware. Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other matters in question between the Department and Contractor arising out of or relating to this Contract or the breach thereof will be decided by arbitration if the parties hereto mutually agree, or in a court of competent jurisdiction within the State of Delaware. 18. In the event Contractor is successful in an action under the antitrust laws of the United States and/or the State of Delaware against a vendor, supplier, subcontractor, or other party who provides particular goods or services to the Contractor that impact the budget for this Contract, Contractor agrees to reimburse the State of Delaware, Department of Health and Social Services for the pro-rata portion of the damages awarded that are attributable to the goods or services used by the Contractor to fulfill the requirements of this Contract. In the event Contractor refuses or neglects after reasonable written notice by the Department to bring such antitrust action, Contractor shall be deemed to have assigned such action to the Department. 19. Contractor covenants that it presently has no interest and shall not acquire any interests, direct or indirect, that would conflict in any manner or degree with the performance of this Contract. Contractor further covenants that in the performance of this contract, it shall not employ any person having such interest. 20. Contractor covenants that it has not employed or retained any company or person who is working primarily for the Contractor, to solicit or secure this agreement, by improperly influencing the Department or any of its employees in any professional procurement process; and, the Contractor has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working primarily for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this agreement. For the violation of this provision, the Department shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 21. The Department shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this Contract. Contractor shall have no right to copyright any material produced in whole or in part under this Contract. Upon the request of the Department, the Contractor shall execute additional documents as are required to assure the transfer of such copyrights to the Department. If the use of any services or deliverables is prohibited by court action based on a U.S. patent or copyright infringement claim, Contractor shall, at its own expense, buy for the Department the right to continue using the services or deliverables or modify or replace the product with no material loss in use, at the option of the Department. 22. Contractor agrees that no information obtained pursuant to this Contract may be released in any form except in compliance with applicable laws and policies on the confidentiality of information and except as necessary for the proper discharge of the Contractor’s obligations under this Contract. 23. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of this Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such in writing, signed by authorized representatives of all parties and attached to the original Contract. 24. If the amount of this contract listed in Paragraph C2 is over $100,000, the Contractor, by their signature in Section E, is representing that the Firm and/or its Principals, along with its subcontractors and assignees under this agreement, are not currently subject to either suspension or debarment from Procurement and Non-Procurement activities by the Federal Government. C) Financial Requirements 1. The rights and obligations of each Party to this Contract are not effective and no Party is bound by the terms of this contract unless, and until, a validly executed Purchase Order is approved by the Secretary of Finance and received by Contractor, if required by the State of Delaware Budget and Accounting Manual, and all policies and procedures of the Department of Finance have been met. The obligations of the Department under this Contract are expressly limited to the amount of any approved Purchase Order. The State will not be liable for expenditures made or services delivered prior to Contractor's receipt of the Purchase Order. 2. Total payments under this Contract shall not exceed $ ______ in accordance with the budget presented in Appendix C. Payment will be made upon receipt of an itemized invoice from the Contractor in accordance with the payment schedule, if any. The contractor or vendor must accept full payment by procurement (credit) card and or conventional check and/or other electronic means at the State’s option, without imposing any additional fees, costs or conditions. Contractor is responsible for costs incurred in excess of the total cost of this Contract and the Department is not responsible for such costs. 3. The Contractor is solely responsible for the payment of all amounts due to all subcontractors and suppliers of goods, materials or services which may have been acquired by or provided to the Contractor in the performance of this contract. The Department is not responsible for the payment of such subcontractors or suppliers. 4. The Contractor shall not assign the Contract or any portion thereof without prior written approval of the Department and subject to such conditions and revisions as the Department may deem necessary. No such approval by the Department of any assignment shall be deemed to provide for the incurrence of any obligations of the Department in addition to the total agreed upon price of the Contract. 5. Contractor shall maintain books, records, documents and other evidence directly pertinent to performance under this Contract in accordance with generally accepted accounting principles and practices. Contractor shall also maintain the financial information and data used by Contractor in the preparation of support of its bid or proposal. Contractor shall retain this information for a period of five (5) years from the date services were rendered by the Contractor. Records involving matters in litigation shall be retained for one (1) year following the termination of such litigation. The Department shall have access to such books, records, documents, and other evidence for the purpose of inspection, auditing, and copying during normal business hours of the Contractor after giving reasonable notice. Contractor will provide facilities for such access and inspection. 6. The Contractor agrees that any submission by or on behalf of the Contractor of any claim for payment by the Department shall constitute certification by the Contractor that the services or items for which payment is claimed were actually rendered by the Contractor or its agents, and that all information submitted in support of the claims is true, accurate, and complete. 7. The cost of any Contract audit disallowances resulting from the examination of the Contractor's financial records will be borne by the Contractor. Reimbursement to the Department for disallowances shall be drawn from the Contractor's own resources and not charged to Contract costs or cost pools indirectly charging Contract costs. 8. When the Department desires any addition or deletion to the deliverables or a change in the services to be provided under this Contract, it shall so notify the Contractor. The Department will develop a Contract Amendment authorizing said change. The Amendment shall state whether the change shall cause an alteration in the price or time required by the Contractor for any aspect of its performance under the Contract. Pricing of changes shall be consistent with those prices or costs established within this Contract. Such amendment shall not be effective until executed by all Parties pursuant to Paragraph B 14. D) Miscellaneous Requirements 1. If applicable, the Contractor agrees to adhere to the requirements of DHSS Policy Memorandum # 46, (PM # 46, effective 5/23/97), and divisional procedures regarding the reporting and investigation of suspected abuse, neglect, mistreatment, misappropriation of property and significant injury of residents/clients receiving services. The policy and procedures are included as Appendix _____ to this Contract. It is understood that adherence to this policy includes the development of appropriate procedures to implement the policy and ensuring staff receive appropriate training on the policy requirements. The Contractor’s procedures must include the position(s) responsible for the PM46 process in the provider agency. Documentation of staff training on PM46 must be maintained by the Contractor. 2. The Contractor, including its parent company and its subsidiaries, and any subcontractor, including its parent company and subsidiaries, agree to comply with the provisions of 29 Del. Code, Chapter 58: “Laws Regulating the Conduct of Officers and Employees of the State,” and in particular with Section 5805 (d): “Post Employment Restrictions.” 3. When required by Law, Contractor shall conduct child abuse and adult abuse registry checks and obtain service letters in accordance with 19 Del. Code Section 708; and 11 Del. Code, Sections 8563 and 8564. Contractor shall not employ individuals with adverse registry findings in the performance of this contract. E) Authorized Signatures: For the Contractor: For the Department: ________________ __________________ Name Vincent P. Meconi Secretary ________________ _________________ Title Date ________________ For the Division: Date __________________ Charles Hayward Director __________________ Date Appendix E. Non-Collusion Statement & Classification NON-COLLUSION STATEMENT & CLASSIFICATIONS FORM THIS PAGE MUST BE SIGNED, NOTARIZED AND RETURNED WITH YOUR BID PROPOSAL COMPANY NAME____________________________________ NAME OF AUTHORIZED REPRESENTATIVE (Please print) ____________________ SIGNATURE____________________________________________________________ COMPANY ADDRESS______________________________________________________________ TELEPHONE #__________________________________ FAX #_________________________________________________ EMAIL ADDRESS______________________________________________________________ FEDERAL EI# ______________STATE OF DE BUSINESS LIC#_______________ Note: Signature of the authorized representative MUST be of an individual who legally may enter his/her organization into a formal contract with the State of Delaware, Delaware Health and Social Services. This is to certify that the above referenced offer has neither directly nor indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with this bid submitted this date to Delaware Health and Social Services. The above referenced bidder agrees that the signed delivery of this bid represents the bidder’s acceptance of the terms and conditions of this invitation to bid including all specifications and special provisions Appendix F. Contractor Confidentiality (Non-Disclosure) and Integrity of Data Agreement State of Delaware DEPARTMENT OF TECHNOLOGY AND INFORMATION William Penn Building 801 Silver Lake Boulevard Dover, Delaware 19904 Contractor Confidentiality (Non-Disclosure) and Integrity of Data Agreement The Department of Technology and Information is responsible for safeguarding the confidentiality and integrity of data in State computer files regardless of the source of those data or medium on which they are stored; e.g., electronic data, computer output microfilm (COM), tape, or disk. Computer programs developed to process State Agency data will not be modified without the knowledge and written authorization of the Department of Technology and Information. All data generated from the original source data, shall be the property of the State of Delaware. The control of the disclosure of those data shall be retained by the State of Delaware and the Department of Technology and Information. I/we, as an employee(s) of ________________________________ or officer of my firm, when performing work for the Department of Technology and Information, understand that I/we act as an extension of DTI and therefore I/we are responsible for safeguarding the States’ data and computer files as indicated above. I/we will not use, disclose, or modify State data or State computer files without the written knowledge and written authorization of DTI. Furthermore, I/we understand that I/we are to take all necessary precautions to prevent unauthorized use, disclosure, or modification of State computer files, and I/we should alert my immediate supervisor of any situation which might result in, or create the appearance of, unauthorized use, disclosure or modification of State data. Penalty for unauthorized use, unauthorized modification of data files, or disclosure of any confidential information may mean the loss of my position and benefits, and prosecution under applicable State or Federal law. This statement applies to the undersigned Contractor and to any others working under the Contractor’s direction. I, the Undersigned, hereby affirm that I have read DTI’s Policy on Confidentiality (Non- Disclosure) and Integrity of Data and understood the terms of the above Confidentiality (Non- Disclosure) and Integrity of Data Agreement, and that I/we agree to abide by the terms above. Contractor or Employee Signature___________________________________ Date: _______________________ Contractor Name: _________________________________ Appendix G. Non-Disclosure Agreement Division of Management Services “DMS – Serving those who Serve Delaware Information Resource Management NON-DISCLOSURE AGREEMENT As a condition of receiving access to State of Delaware information technology policies and standards, vendor hereby agrees to the following: 1. That the disclosure of Information by State of Delaware is in strictest confidence and thus vendor will: a. Not disclose to any other person this Information. b. Use at least the same degree of care to maintain the Information secret as the vendor uses in maintaining as secret its own secret information, but always at least a reasonable degree of care. c. Use the Information only for the purpose of preparing a response to a State of Delaware Request for Proposal. d. Restrict disclosure of the Information solely to those employees of vendor having a need to know such Information in order to accomplish the purpose stated above. e. Advise each such employee, before he or she receives access to the information, of the obligations of vendor under this Agreement, and require each such employee to maintain those obligations. f. Within fifteen (15) days following request of State of Delaware, return to State of Delaware all documentation, copies, notes, diagrams, computer memory media and other materials containing any portion of the information, or confirm to State of Delaware, in writing, the destruction of such materials. 2. This Agreement imposes no obligation on vendor with respect to any portion of the Information received from State of Delaware which was known to the vendor prior to disclosure by State of Delaware. 3. The Information shall remain the sole property of State of Delaware. Vendor Name _____________________________________ Vendor Representative Name: _____________________________________ Signature: _____________________________________ Vendor Representative Title: _____________________________________ Date _______________ Appendix H. DHSS Biggs Data Center User Authorization Form Delaware Health and Social Services Division of Management Services Biggs Data Center User Authorization Form Information Resource Management Biggs Data Center 1901 N. DuPont Highway New Castle, DE 19720 302-255- 9150 Fax 302-661-7213 Transferring From: Transferring To: Department: Department: Division: Division: Unit/Section: Unit/Section: Employee Type: 0 State 0 Non-State 0 FTE Contractor 0 User Add 0 User Delete 0 User Update 0 Temporary Access Only Logon ID: Effective Date: DPH 0 Vital Statistics A, U, D 0 VacAttack A, U, D 0 WIC A, U, D DCSE 0 DACSES A, U, D DSS 0 E&T A, U, D 0 DCIS A, U, D 0 DCIS II A, U, D 0 MMIS A, U, D 0 CCMIS A, U, D 0 ATLANTES A, U, D 0 TAP/LTC A, U, D 0 OTHER A, U, D Department DPH DMS 0 OMS A, U, D 0 LIMS A, U, D 0 ACAMS A, U, D 0 MCI – SI A, U, D 0 EDIN A, U, D 0 DOLARS A, U, D 0 MCI – SI (Profile) A, U, D 0 ICAT A, U, D 0 ADL A, U, D 0 PMTS Delete 0 CHCIS A, U, D 0 Appl Tracking A, U, D 0 CMS A, U, D 0 NSP A, U, D 0 Court Cost A, U, D 0 HRMS/LT/TAS A, U, D 0 ISIS A, U, D 0 OAS A, U, D 0 KRONOS A, U, D 0 RPTS A, U, D 0 CATS A, U, D DSSC 0 ADL/MDS A, U, D 0 Inventory A, U, D 0 CAPS A, U, D 0 Sched Optimizer A, U, D 0 Helpdesk A, U, D 0 AAF A, U, D 0 EBT A, U, D DDDS 0 TSO A, U, D OCME 0 Client Registry A, U, D 0 MES A, U, D DSAMH 0 Laboratory A, U, D DLTCRP 0 Datamart A, U, D 0 IRC A, U, D 0 CIM A, U, D DVI 0 AAR A, U, D 0 PMIS A, U, D 0 ILS Client Mgmt A, U, D 0 CBC A, U, D 0 SBI A, U, D 0 OASYS A, U, D 0 LCS A, U, D 0 Pharmacy A, U, D 0 DVI Client Regis A, U, D 0 FAC A, U, D 0 State Domain t 0 Citrix Secured Gateway/Application Domain 0 SFTP/Application Domain 0 Fleet Services 0 Employee Badge Yes / No # 0 Supercard 0 Blackberry 0 Air Card # 0 Cell Phone # 0 Pager # 0 800 # Authorization Yes / No First Name Location w/Rm # Phone # Fax # Birthday Last Name Title Requester’s E-mail Supv’s Name (Printed) Company Name Client Server Applications Mainframe Applications Access Resources Dover (Additional Forms Required) 0 DFMS 0 DOLP 0 MTRV 0 JICP 0 DTI NET 0 PHRST 0 DELJIS 0 DTI VPN 0 CORP DB2 Inquiry 0 CCMIS 0 CHCIS 0 WIC 0 DCIS II 0 ACSES 0 SSL VPN DDDS #: IP Address of Destination: Desired Protocol & Port: Home Address: Home Phone #: Purser Signature: 0 MMIS Clerk Name Update # Appendix I. State of Delaware Contracts Disclosure State of Delaware Contracts Disclosure Vendor/Predecessor Firm Name State Department and Division Contact Name, Address and Phone Number Period of Performance Contract Number Amount Sample Vendor Firm Name DHSS \ DMS Contact Name 1901 N Dupont Highway New Castle, DE 19720 302.999.9999 01/01/2002 – 12/31/2002 PSC- 999999 $100,000 Bidder shall list all contracts awarded to it or its predecessor firm(s) by the State of Delaware during the last three (3) years, by State Department, Division, Contact Person (with address/phone number), period of performance, contract number and amount. The Evaluation/Selection Review Committee will consider these additional references and may contact each of these sources. Information regarding bidder performance gathered from these sources may be included in the Committee's deliberations and factored in the final scoring of the bid. Failure to list any contract as required by this paragraph may be grounds for immediate rejection of the bid. List contracts in the format specified. Include those contracts whose period of performance has been within the past three (3) years in addition to those awarded within this timeframe. Contracts with amendments only have to be listed once. If a vendor has had no contracts within this timeframe, enter “No contracts to specify” under Vendor/Predecessor Firm Name in the first row of the table. Appendix J. Bidders Signature Form DELAWARE HEALTH AND SOCIAL SERVICES REQUEST FOR PROPOSAL BIDDERS SIGNATURE FORM NAME OF BIDDER: SIGNATURE OF AUTHORIZED PERSON: TYPE IN NAME OF AUTHORIZED PERSON: TITLE OF AUTHORIZED PERSON: STREET NAME AND NUMBER: CITY, STATE, & ZIP CODE: CONTACT PERSON: TELEPHONE NUMBER: FAX NUMBER: DATE: BIDDER’S FEDERAL EMPLOYERS IDENTIFICATION NUMBER: DELIVERY DAYS/COMPLETION TIME: F.O.B.: TERMS: THE FOLLOWING MUST BE COMPLETED BY THE VENDOR: AS CONSIDERATION FOR THE AWARD AND EXECUTION BY THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES OF THIS CONTRACT, THE (COMPANY NAME) HEREBY GRANTS, CONVEYS, SELLS, ASSIGNS, AND TRANSFERS TO THE STATE OF DELAWARE ALL OF ITS RIGHTS, TITLE AND INTEREST IN AND TO ALL KNOWN OR UNKNOWN CAUSES OF ACTION IT PRESENTLY HAS OR MAY NOW HEREAFTER ACQUIRE UNDER THE ANTITRUST LAWS OF THE UNITED STATES AND THE STATE OF DELAWARE, RELATING THE PARTICULAR GOODS OR SERVICES PURCHASED OR ACQUIRED BY THE DELAWARE HEALTH AND SOCIAL SERVICES DEPARTMENT, PURSUANT TO THIS CONTRACT. Appendix K. Office of Minority and Women Business Enterprise Self Certification Tracking Form OFFICE OF MINORITY AND WOMEN BUSINESS ENTERPRISE SELF-CERTIFICATION FORM IF YOUR FIRM WISHES TO BE CONSIDERED FOR ONE OF THE CLASSIFICATIONS LISTED BELOW, THIS PAGE MUST BE SIGNED, NOTARIZED AND RETURNED WITH YOUR PROPOSAL. ____________________________________________________________________________________ COMPANYNAME_____________________________________________________________________ NAME OF AUTHORIZED REPRESENTATIVE (Please print) SIGNATURE_____________________________________________________________________ COMPANY ADDRESS__________________________________________________________________ TELEPHONE #______________ FAX #__________________________________________________________________________ EMAIL ADDRESS______________________________________________________________________ FEDERAL EI# ___________________________________________________________________ STATE OF DE BUSINESS LIC#___________________________________________________________ Note: Signature of the authorized representative must be of an individual who legally may enter his/her organization into a formal contract with the State of Delaware, Delaware Health and Social Services. Organization Classifications (Please circle) Women Business Enterprise (WBE) Yes/No Minority Business Enterprise (MBE) Yes/No PLEASE CHECK ONE---CORPORATION ______ PARTNERSHIP______INDIVIDUAL _______ For appropriate certification (WBE), (MBE), (DBE) please apply to Office of Minority & Women Business Enterprise Phone #’ (302) 739-4206 (L. Jay Burks) Fax# (302) 739-5661 Certification #____________ Certifying Agency____________ http://www.state.de.us/omwbe SWORN TO AND SUBSCRIBED BEFORE ME THIS ______________DAY OF ___________20________ NOTARY PUBLIC_________________________MY COMMISION EXPIRES ____________________ CITY OF ___________________________COUNTY OF _________________STATE OF__________________ Definitions The following definitions are from the State Office of Minority and Women Business Enterprise. Women Owned Business Enterprise (WBE): At least 51% is owned by a women, or in the case of a publicly owned enterprise, a business enterprise in which at least 51% of the voting stock is owned by women; or any business enterprise that is approved or certified as such for purposes of participation in contracts subject to women-owned business enterprise requirements involving federal programs and federal funds. Minority Business Enterprise (MBE): At least 51% is owned by minority group members; or in the case of a publicly owned enterprise, a business enterprise in which at least 51% of the voting stock is owned by minority group members; or any business enterprise that is approved or certified as such for purposes of participation in contracts subjects to minority business enterprises requirements involving federal programs and federal funds. Corporation: An artificial legal entity treated as an individual, having rights and liabilities distinct from those of the persons of its members, and vested with the capacity to transact business, within the limits of the powers granted by law to the entity. Partnership: An agreement under which two or more persons agree to carry on a business, sharing in the profit or losses, but each liable for losses to the extent of his or her personal assets. Individual: Self-explanatory For Certification in one of above bidder must contract: L. Jay Burks OFFICE OF MINORITY AND WOMEN BUSINESS ENTERPRISE (302) 739-4206 Fax (302) 739-5661 See Project Organizational Chart included as attachment 1 53 51