PROPOSALS MUST BE SEALED AND ADDRESSED TO: Standing Rock Sioux Tribe WIC Program NATIONS : 139 Proposal Avenue Fort Yates, ND 58538 ____________________________________________________
NATIONS WIC MIS AND EBT PROJECT MANAGEMENT REQUEST FOR Bid Number: SRST WIC NATIONS 2
Proposal envelope must be sealed and plainly marked in lower corner with due date and Request for Proposal NATIONS WIC MIS Planning and Project Planning. Late proposals will be rejected. Proposals MUST be date and time stamped by the Standing Rock Sioux Tribe WIC Program on or before the date and time that the proposal is due. Proposals dated and time stamped in another office will be rejected. Receipt of a proposal by the tribal mail system does not constitute receipt of a proposal by the Standing Rock Sioux Tribe WIC Program. Any proposal which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Proposals must be submitted separately, i.e., not included with sample packages or other proposals. Proposal openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Proposer should contact person named below for an appointment to view the proposal record. Proposals shall be firm for acceptance for sixty (60) days from date of proposal opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award.
Service:
Contract Period:
Refer ALL Inquiries to:
Brenda Finn Delivery Required:
Phone: (701) 8547263/7264 Fax: (701) 854-7122 E-Mail:
[email protected]
Delivery location F.O.B.: Standing Rock Sioux Tribe WIC Program Brenda Finn 139 Proposal Avenue Fort Yates, ND 58538 PROPOSALS MUST BE IN THIS OFFICE NO LATER THAN 4:00 PM CST, March 14, 2014 ***LATE PROPOSALS WILL NOT BE ACCEPTED
In compliance with this invitation for bid and subject to all the terms, conditions, and requirements specified, the vendor agrees and promises to sell, furnish, and deliver to the Standing Rock Sioux Tribe all services contained in the invitation for bid and for which the vendor has been awarded by this contract with the Standing Rock Sioux Tribe. The vendor shall fully perform this contract in accordance with the terms and conditions contained in the request for proposal. Written acceptance of the invitation for bid by the Standing Rock Sioux Tribe constitutes a binding contract made and entered into by and between the Standing Rock Sioux Tribe, acting through the agency named above, and:
Bidder:
Federal ID or Social Security No.:
Street Address:
P.O. Box:
City :
Telephone No.:
Toll Free Telephone No.:
State:
Zip Code:
Fax Number:
E-Mail:
Type or Print Name & Title of Person Signing: Authorized Signature: For SRST Use Only Bid Response accepted this _______________ day of _______________, _____ at ___________:______ AM /PM (circle one) as indicated on the attached form
By________________________________________Title ____________________________________ 1
Table of Contents: PART 1: GENERAL INFORMATION ........................................................................................ 5 1.1.
INTRODUCTION AND BACKGROUND .................................................................................................5
1.2.
DEFINITIONS .............................................................................................................................................6
1.3.
SCOPE OF THE OVERALL PROJECT .....................................................................................................8
1.3.1.
Project Description: ............................................................................................................ 8
1.3.2.
Responsibilities of Project Manager: .................................................................................. 8
1.4.
PROCURING AND CONTRACTING AGENCY ...................................................................................... 9
1.5.
CLARIFICATION AND/OR REVISIONS TO THE SPECIFICATIONS ................................................ 10
1.6.
CALENDAR OF EVENTS ........................................................................................................................ 11
1.7.
TERM OF CONTRACT ............................................................................................................................ 11
PART 2: GUIDELINES FOR PREPARING AND SUBMITTING A PROPOSAL .................. 11 2.1.
GENERAL INSTRUCTIONS ................................................................................................................... 11
2.2.
INCURRING COSTS ................................................................................................................................ 12
2.3.
LETTER OF INTENT ............................................................................................................................... 12
2.4.
SUBMITTING THE PROPOSAL ............................................................................................................. 12
2.5.
WRITTEN CLARIFICATION .................................................................................................................. 13
2.6.
MULTIPLE PROPOSALS ........................................................................................................................ 13
2.7.
PROPOSAL ORGANIZATION AND FORMAT ..................................................................................... 13
PART 3: PROPOSAL INSTRUCTIONS .................................................................................... 14 3.1.
GENERAL INSTRUCTIONS ................................................................................................................... 14
3.2.
THE BID COVER SHEET ........................................................................................................................ 14
3.3.
THE COVER LETTER .............................................................................................................................. 14
3.4.
TABLE OF CONTENTS ........................................................................................................................... 15
3.5.
INTRODUCTION ..................................................................................................................................... 15
3.6.
GENERAL INSTRUCTIONS FOR PARTS AND SECTIONS OF PROPOSAL: .................................. 15
PART 4: PROPOSAL SELECTION AND AWARD PROCESS ............................................... 16 4.1.
PRELIMINARY EVALUATION.............................................................................................................. 16
4.2.
PROPOSAL SCORING ............................................................................................................................. 16
4.3.
RIGHT TO REJECT PROPOSALS AND NEGOTIATE CONTRACT TERMS ..................................... 16
4.4.
EVALUATION CRITERIA ...................................................................................................................... 16
4.5.
AWARD AND FINAL OFFERS ............................................................................................................... 17
4.6.
NOTIFICATION OF INTENT TO AWARD ............................................................................................ 17
4.7.
PROTESTS ................................................................................................................................................ 18 2
See Section 11.28 of this RFP. ................................................................................................................................ 18 4.8.
RFP CANCELLATION ............................................................................................................................. 18
4.9.
PRESS RELEASES ................................................................................................................................... 18
PART 5: PROPOSER MANDATORY REQUIREMENTS AND QUALIFICATIONS ........... 18 5.1.
PROPOSER MANDATORY REQUIREMENTS ..................................................................................... 18
5.2.
PROPOSER QUALIFICATIONS ............................................................................................................. 18
PART 6: BACKGROUND: CURRENT ITO WIC OPERATING STRUCTURE ..................... 20 6.1.
CURRENT STRUCTURE ......................................................................................................................... 20
6.2.
BACKGROUND ON CURRENT PROCESSING ENVIRONMENT AND TECHNOLOGY ................ 20
6.3.1
LOCAL AGENCY ROLES AND FUNCTIONS .......................................................................... 21
6.3.2
STATE AGENCY ROLES AND FUNCTIONS .......................................................................... 23
PART 7: Tasks and Deliverables .................................................................................................. 24 7.1 Tasks and Deliverables Pertaining to Project Manager .............................................................. 24
PART 8: PROPOSAL WORKPLAN .......................................................................................... 27 8.1
PROJECT WORKPLAN ........................................................................................................................... 27
PART 9: TASK/DELIVERABLE INFORMATION .................................................................. 28 9.1
Deliverable Formats and Media ................................................................................................................. 28
9.2
Task/Deliverable Acceptance Criteria........................................................................................................ 29
9.3
Service Delivery Location and Times ........................................................................................................ 29
9.4
Changes in Location ................................................................................................................................... 29
9.5
Equipment .................................................................................................................................................. 30
9.6
Coordination with Other Entities ............................................................................................................... 30
9.7
Financial Specifications ............................................................................................................................. 30
PART 10: COST PROPOSAL..................................................................................................... 31 10.1.
GENERAL INSTRUCTIONS FOR PREPARING COST PROPOSALS ................................................. 31
10.2.
FORMAT ................................................................................................................................................... 31
10.3.
PRICE ESCALATIONS ............................................................................................................................ 31
PART 11: SPECIAL CONTRACT TERMS AND CONDITIONS ............................................. 32 ATTACHMENT 1 ........................................................................................................................ 47 Roles and Responsibilities of the NATIONS Fiscal and Project Lead Agencies .................................................... 47 Roles and Responsibilities of the NATIONS Fiscal and Project Lead Agencies .................................................... 48 3
ATTACHMENT 2 ........................................................................................................................ 50 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions ............................................................................................................................................................. 51
ATTACHMENT 3 ........................................................................................................................ 52 Equal Employment Opportunity .............................................................................................................................. 53 Clean Air Act ........................................................................................................................................................... 53 Clean Water Act....................................................................................................................................................... 54 Anti-Lobbying Act .................................................................................................................................................... 54 Americans with Disabilities Act ............................................................................................................................... 55 Drug-Free Workplace Statement ............................................................................................................................. 55 Debarment and Suspension ..................................................................................................................................... 56 Royalty-Free Rights to Use Software or Documentation Developed ....................................................................... 56
4
PART 1: GENERAL INFORMATION 1.1.
INTRODUCTION AND BACKGROUND The purpose of this document is to provide interested parties with information to enable them to prepare and submit a proposal leading to a contract through competitive negotiations to perform activities related to information system project management for ten Indian Tribal Organizations (ITOs), working on a joint venture, within the Mountain Plains Region (MPR) of the Special Supplemental Nutrition Program for Women, Infants and Children (herein referred to as the WIC Program). The Food and Nutrition Service (FNS) of the U.S. Department of Agriculture (USDA) provides funds to the WIC ITO’s for food benefits, nutrition services, and administration of their programs. The WIC Program provides specific nutritious foods to pregnant, breastfeeding, and postpartum women, infants, and children to five years of age who are determined to be "at nutritional risk" by competent health professionals. Each of the WIC ITOs provides eligibility determination and nutrition education counseling to WIC participants. A WIC participant is defined as an individual (pregnant woman, breastfeeding woman, postpartum woman, infant or child up to 5 years of age) who receives WIC services. In addition, the ITO’s issue negotiable food instruments (FIs) to the WIC participant or care provider which is redeemable through authorized WIC vendors (i.e. retail grocers, pharmacies). The services to be provided are for WIC management information system (MIS) project management. These will be one award and contract. The services of the Project Manager of this project will extend through the implementation of the new system may remain in effect through Electronic Benefit Transfer (EBT) system planning and implementation. The ten Mountain Plains Indian Tribal WIC Programs working together to seek proposals include the Cheyenne River Sioux, Eastern Shoshone, Northern Arapaho, Omaha Nation, Rosebud Sioux, Santee Sioux, Standing Rock Sioux, Three Affiliated Tribes, Ute Mountain Ute and Winnebago Tribes. These ten ITOs (herein after known as NATIONS) serve approximately 5,000 participants per month at 10 main clinics (provides WIC services in permanent structures on a routine daily basis) and approximately 22 satellite clinics (provides WIC services in outlying areas on a weekly or monthly basis and may include permanent and/or mobile facilities) throughout North Dakota, South Dakota, Nebraska, Wyoming, and Colorado. This new MP-ITO-MIS system will be called the Native American Technical Information Operating Network System (NATIONS). The NATIONS system will meet the needs of all ten ITOs in administering, reporting and issuing WIC benefits according to Federal Regulations. Standing Rock Sioux Tribe WIC Program (herein referred to as the SRST), intends to use the results of this proposal to award a contract Project Manager for NATIONS. The name of the project is the NATIONS
5
1.2.
DEFINITIONS Contractor
The Vendor(s) that is awarded the contract to provide services and/or products in relation to the NATIONS MIS and/or EBT. Project(s).
DDI
Design, Development and Implementation
EBT
Electronic Benefits Transfer
FI
Food Instrument: negotiable check or voucher generated to be redeemed for WIC eligible foods at an authorized vendor
IHS
Indian Health Service- outpatient health clinic
ITO
Indian Tribal Organization- in this document the term ITO specifically refers it the following Mountain Plains Region WIC Tribal Organizations: Cheyenne River Sioux; Eastern Shoshone; Northern Arapaho: Omaha Nation; Rosebud Sioux: Santee Sioux: Standing Rock Sioux: Three Affiliated Tribes: Ute Mountain Ute: and Winnebago Tribes
MIS
Management Information System
MPR
Mountain Plains Region of the United States Department of Agriculture, Food and Nutrition Service, the Agency under which Federal WIC activities are administered.
NATIONS
Native American Technical Information Operating Network System- Name of new MIS for the 10 MP-ITO’s (herein known as NATIONS).
Proposer
The Agency/Corporation submitting a proposal for the project management, as outlined in the RFP
QA
Quality Assurance 6
RFP
Request for Proposal
SRST WIC
Standing Rock Sioux Tribe WIC Program (Contracting Agency – Fiscal Lead Agency)
State
States of North Dakota, South Dakota, Nebraska, Wyoming, and Colorado
USDA-FNS
United States Department of Agriculture, Food and Nutrition Service, the Agency under which Federal WIC activities are administered.
UMUT WIC
Ute Mountain Ute Tribe WIC Program (Project Lead Agency – will provide direct supervision and project management contractor)
WIC
Special Supplemental Nutrition Program for Women Infants and Children.
WIC Participant
Means pregnant women, breastfeeding women, postpartum women, infants and children who are receiving WIC program services and supplemental foods or food instruments under the Program, and the breastfed infants of participant breastfeeding women.
7
1.3.
SCOPE OF THE OVERALL PROJECT
1.3.1.
Project Description:
The Mountain Plains Indian Tribal Organizations NATIONS is soliciting sealed proposals for professional services for project management during the implementation phase of a new MIS to serve the 10 tribal WIC Programs. In addition, the PM will continue to provide Project Management services throughout the next phase of the project which will include the planning and implementation of EBT. The Project Manager will be responsible for providing assistance and working with NATIONS, the MIS Design Development, and Implementation (DDI) Vendor; the MIS Quality Assurance (QA) Contractor; and EBT Contractors to successfully deploy the new MIS and EBT systems for the 10 Tribal WIC Programs.
1.3.2.
Responsibilities of Project Manager:
This person will assure the NATIONS WIC Program, user’s needs and perspectives are identified and implemented. The Project Manager reports directly to the NATIONS Project Lead Agency, Ute Mountain Ute Tribe WIC Program. The Project Manager must be identified as a distinct individual. The winner of this proposal will help define other roles for this project and may not bid on them. Duties performed by the Project Manager include but are not limited to: o Developing and providing oversight on project plan. o The Project Manager is in regular contact with NATIONS and outside vendors, and regularly reviews the project status to ensure that all contract requirements are fulfilled. o Advises NATIONS of the effects and consequences of any changes in work direction. o Formulates work plans for the implementation of the MIS and EBT system and reviews milestones, resource allocations, system development strategy and reporting requirements based on assigned tasks. o Works closely with NATIONS users, authorized WIC vendors, banking services providers, and tribal finance departments as required by the project. o Responsible for monthly project reporting, documentation, and budget status. o Serves as the primary point of contact for NATIONS WIC issues during MIS project implementation and, if indicated, during EBT planning and implementation. o Coordinates with NATIONS to schedule meetings and participates in such. 8
o Maintains a project documentation library with version control of all documents in a secured environment, which has been approved by NATIONS and accessible by selected staff. This access point (SharePoint) must receive approval from NATIONS prior to use. o Gathers information through contact with each of the 10 ITOs, other Agency Programs, IT Specialists and USDA. o Travels to each of the 10 ITO locations prior to JAD (Joint Application Design sessions). In order to gain a better understanding of the specific needs and environments in which each of the 10 ITOs function. Prior to ITO visits, 14 copies (or licenses’) of the newest version of MS Project and MS Office software will be procured by the PM. This software will be loaded onto one workstation at each of the 10 ITO sites as instructed In addition, the software will also be loaded onto an assigned laptop/or workstation for the Project Lead, Assistant Lead, Financial Lead, and Recording Secretary. With each installation the PM will assure that the software works properly. One user per tribe should be oriented to the software. Following the ITO visits the PM will provide a written document that addresses observations and provides a summary of each site visit. Attend all NATIONS meetings. o Work in conjunction with NATIONS in submitting APDU advance planning documents and updates (annual and as needed).Read and demonstrate a thorough understanding of the following historical documents o Assessment of WINDS Technical and Infrastructure Capacity Document o Summary of Client Processing and Recommendations for Business Process Improvements Document o NATIONS Functional Requirements (FreD) Document o NATIONS Feasibility Study. o NATIONS Systems Alternative Analysis (SAA). o NATIONS IAPD o NATIONS Cost Benefit Analysis o Develop a project timeline.
Properly submitted proposals for this RFP will be evaluated by NATIONS. NATIONS may identify a potential contractor, whose proposal meets all specifications and offers the best value, and negotiate the contract. This RFP does not, however, obligate NATIONS to complete the project and NATIONS reserves the right to cancel the solicitation if it is considered to be in its best interest 1.4.
PROCURING AND CONTRACTING AGENCY This RFP is issued by the Standing Rock Sioux Tribe WIC Program, which is the sole point of contact for NATIONS during the selection process. The person responsible for managing the procurement process is Brenda Finn, WIC Director, Standing Rock Sioux Tribe. 9
The contract resulting from this RFP will be administered by the Standing Rock Sioux Tribe WIC Program for NATIONS. The contract administrator will be Brenda Finn, WIC Director, Standing Rock Sioux Tribe.
1.5.
CLARIFICATION AND/OR REVISIONS TO THE SPECIFICATIONS All proposers’ questions, concerns or requests for additional information regarding the RFP, supporting documentation or other matters related to the NATIONS Project must be submitted in writing via Federal Express, UPS, fax, or email to: Brenda Finn Standing Rock Sioux Tribe WIC Program 139 Proposal Avenue Fort Yates, ND 58538 FAX Number: 701-854-7122 E-Mail: Standing Rock Sioux Tribe WIC [
[email protected]]
Proposers are expected to raise any questions, exceptions, or additions they have concerning the RFP document at this point in the RFP process. If a proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, they should immediately notify the above named individual of such error and request modification or clarification of the RFP document. NATIONS may, at any time, by written notification to proposers, amend, modify, or delete any portion of the RFP described and detailed herein. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFP, revisions/amendments and/or supplements will be provided to all recipients of this initial RFP. Submission of a proposal shall constitute proposer recognition and consent to adhere to the terms and conditions of the RFP. Each proposal shall stipulate that it is predicated upon the terms and conditions of this RFP and any supplements or revisions thereof. To be considered for response, all such inquiries must be received no later than 4:00 PM CST February 14, 2014 at the address listed above. Inquiries received after this will not be considered or responded to by NATIONS. Written response to proposer's questions by NATIONS will be issued no later than 4:00 p.m. CST February 28, 2014.
10
1.6.
CALENDAR OF EVENTS Listed below are specific and estimated dates and times of actions related to the RFP. Each of these actions must be completed by the date specified unless otherwise changed by NATIONS In the event NATIONS finds it necessary to change any of the specific dates and times listed below, it will do so by issuing an amendment to this RFP. There may or may not be a formal notification issued for changes in the estimated dates and times. Release and Distribution of RFP………………………………... …January 9, 2014 Deadline for Receipt of Letter of Intent……………………………January 28, 2014 Deadline for Submission of Written Questions……………,,…….., February 14, 2014 Issuance of Written Response to Questions……………………….. February 28, 2014 Deadline for submission of Proposals……………………….………...March 14, 2014 Evaluation of Proposals (estimated)…………………………………...March 18, 2014 Notice of Intent to Award Contract(s) (estimated)……………...………..April 1, 2014 Award of Contract(s) to Successful Proposer(s) (estimated)…...............April 15, 2014
1.7.
TERM OF CONTRACT The contract involving this RFP document shall be effective upon the date of contract award and shall be effective for no more than 36 months. The Contractor shall be required to perform all the functions and responsibilities specified within this RFP document commencing upon the execution of the Contract and shall remain in full force and effect throughout the term of the Contract.
PART 2: GUIDELINES FOR PREPARING AND SUBMITTING A PROPOSAL 2.1.
GENERAL INSTRUCTIONS The evaluation and selection of a contractor(s) and the contract will be based on the information submitted in the proposal, plus references. Failure to respond to each of the requirements in the RFP may be the basis for rejecting a response. The RFP will be identified as the NATIONS MIS/EBT Project Management Proposal. All prospective proposers intending to respond to this RFP are required, in all cases, to follow the directions detailed in Part 3, Proposal Instructions. Failure to follow these instructions and meet the requirements of this RFP will result in the proposal being rejected from consideration. Elaborate proposals (e.g. expensive artwork) beyond what is sufficient to present a complete and effective proposal, are not necessary or desired. 11
2.2.
INCURRING COSTS Neither the Standing Rock Sioux Tribe WIC Program nor NATIONS is liable for any cost incurred by proposers in replying to this RFP.
2.3.
LETTER OF INTENT All prospective proposers are required to submit, to the Standing Rock Sioux Tribe WIC Program, a Letter of Intent stating their plan to submit a proposal in response to this RFP. The Letter of Intent must be received by Standing Rock Sioux Tribe WIC Program, no later than 4:00 PM CST on January 28, 2014. Letter of Intent should be delivered by Federal Express, UPS, fax, or email to: Brenda Finn Standing Rock Sioux Tribe WIC Program 139 Proposal Avenue, Fort Yates, ND 58538 FAX Number: 701-854-7122 E-Mail: Standing Rock Sioux Tribe WIC [mailto:
[email protected] ]
2.4.
SUBMITTING THE PROPOSAL Proposers must submit one original and ten (10) copies of all materials required for acceptance of their proposal no later than 4:00 PM CST on March 14, 2014. Brenda Finn Standing Rock Sioux Tribe WIC Program 139 Proposal Avenue Fort Yates, ND 58538
Proposals should be sent with delivery confirmation via Federal Express or UPS. Proposals must be received in the above office by the specified time. All proposals must be time-stamped received by the Standing Rock Sioux Tribe WIC Program. . The proposal must be submitted directly to the Standing Rock Sioux Tribe WIC Program at the address specified above. Receipt of a proposal by another Standing Rock Sioux Tribe entity or tribal mail system does not constitute receipt of a proposal for purposes of this RFP. All proposals must be packaged, sealed and labeled showing the following information on the outside of the package: 12
Proposer's Name and Address RFP Title: NATIONS MIS/EBT Project Management Proposal Proposal Due Date: March 14, 2014 4:00 PM CST 2.5.
WRITTEN CLARIFICATION NATIONS may seek written clarification of responses received from Proposers whose qualifications do not clearly provide all of the information required by the RFP document. Failure by a proposer to respond to the Proposal Submission Instructions as outlined in Part 2 and Part 3 of this document may be the basis for elimination from consideration during the proposal evaluation process. Failure by a proposer to meet mandatory requirements (as outlined in Part 5 of this document) will result in the rejection of the proposal from consideration.
2.6.
MULTIPLE PROPOSALS A proposer may submit a single proposal meeting all requirements for the NATIONS MIS Project Management Proposal. If the proposer chooses to subcontract any part of the requirements contained within the RFP, the proposer must also submit copies of those contracts with third-party agencies, in order to verify specifications and requirements relating to the RFP are met. Multiple proposals from a proposer will be permissible; however, each proposal must conform fully to the requirements for proposal submission and identify the components included. Each such proposal must be separately submitted and labeled as Proposal #1, Proposal #2, etc. on each page included in the response.
2.7.
PROPOSAL ORGANIZATION AND FORMAT Proposals should be typed and submitted on 8.5 by 11 inch paper, bound securely, with page numbers and a font size of at least l2. Proposals should be organized and presented in the order and by the Part and Section Number assigned in the RFP. Proposals must be organized with the following headings and subheadings. Each heading and subheading should be separated by tabs or otherwise clearly marked. Package One: Bid Cover Sheet Cover Letter Table of Contents Introduction Proposer Qualifications Tasks and Deliverables Proposal Work plan Vendor Information, and any Confidential/Proprietary Forms Proposer References
Package Two: Cost Proposal Cost Proposal Narrative
13
PART 3: PROPOSAL INSTRUCTIONS 3.1.
GENERAL INSTRUCTIONS The standard format and requirements for the proposal is defined below. Each item must be addressed in the proposal. Failure of the proposer to address all items or to meet all terms and conditions of the RFP will cause the proposal to be declared unresponsive and the proposal will be rejected from consideration. Proposals should be specific, straightforward and concise. Unnecessarily elaborate information and verbose language is discouraged and may have a negative impact on the scoring of the proposal. When appropriate, supporting documentation may be referenced. documentation may be included as appendices.
Supporting
Alternatives may be offered in the Technical Proposal to fulfill the requirements of the RFP. All alternatives must appear in the appropriate section(s) of the proposal, be stated as an alternative, and describe any salient differences. 3.2.
THE BID COVER SHEET The Standing Rock Sioux Tribe Invitation for Bid form must be signed in ink (original copy only) by the Proposer or an officer of the Proposer legally authorized to bind the Proposer to the proposal. A copy of the Standing Rock Bid Cover Sheet can be found on Page 1.
3.3.
THE COVER LETTER The proposal must be submitted with a cover letter that must include the following:
The identity of the firm/corporation making the proposal. A summary of the proposer's ability and commitment to perform the services required in the RFP. The name, title and original signature of the person(s) duly authorized to represent and commit the firm/corporation to the services described in the proposal. A Statement indicating their willingness to execute and fulfill a contract containing the terms and conditions of those presented in this RFP. If a proposer wishes to include in the contract any conditions that do not conflict with the Standing Rock Sioux Tribe contractual provisions, these should be cited.
The proposer may include brief summarized information in the cover letter that may be useful in the evaluation of the proposal. However, extraneous information should be avoided. 14
3.4.
TABLE OF CONTENTS This will serve as the reference for all sections and subsections of the proposal. Each section should begin with the checklist of components to be included in that section.
3.5.
INTRODUCTION The proposer will determine the contents of the Introduction.
3.6.
GENERAL INSTRUCTIONS PROPOSAL:
FOR
PARTS
AND
SECTIONS
OF
PROPOSER QUALIFICATIONS The proposer will provide documentation outlining and verifying experience and qualifications as required in Part 5: Proposer Mandatory Requirements and Proposer Qualifications, TASKS AND DELIVERIBLES The proposer will describe their methodology and the associated activities that they will perform in order to accomplish each of the objectives and tasks listed as outlined in Part 7 – Tasks and Deliverables.
PROPOSER WORKPLAN The proposer will provide a project work plan as outlined in Part 8. VENDOR INFORMATION REQUESTS
AND
CONFIDENTIAL
PROPRIETARY
Include applicable Vendor Information. The proposer may make Confidential Proprietary Request as outlined in Part 11. PROPOSER REFERENCES Name, Title and contact information of three (3) references with the ability to testify to the scope and quality of previous experience with the vendor COST PROPOSAL/COST NARRATIVE In a separate sealed package the proposer will provide a Cost Proposal and Cost Narrative as outlined in Part 10. All proposals must be packaged, sealed and labeled showing the following information on the outside of the package: Bidders must identify a proposed cost for each deliverable in their cost proposal.
15
COST PROPOSAL AND COST PROPOSAL NARRATIVE Proposer's Name and Address RFP Title: NATIONS WIC MIS/EBT Project Management Cost Proposal Proposal Due Date: March 14, 2014…4:00 PM CST
PART 4: PROPOSAL SELECTION AND AWARD PROCESS 4.1.
PRELIMINARY EVALUATION The proposals will first be reviewed to determine if mandatory requirements are met as outlined by NATIONS beginning in Part 5. Failure to meet mandatory requirements will result in the proposal being rejected. In the event that all proposals do not meet one or more of the mandatory requirements, NATIONS reserves the right to continue the evaluation of the proposals and to select the proposal which most closely meets the requirements specified in this RFP.
4.2.
PROPOSAL SCORING Accepted proposals will be reviewed by an evaluation committee and scored against certain criteria. The committee may review references and use the results in scoring the proposals. The evaluation committee's scoring will be tabulated and proposals ranked based on the numerical scores received.
4.3.
RIGHT TO REJECT PROPOSALS AND NEGOTIATE CONTRACT TERMS NATIONS reserves the right to reject any and all proposals and to negotiate the terms of the contract, including the award amount, with the selected proposer prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring proposer, NATIONS may negotiate a contract with the next highest scoring proposer.
4.4.
EVALUATION CRITERIA Once the Technical Proposal has been determined to address each of the components, the Technical Proposal will be evaluated and scored for each of the below items. Additionally, the Cost Proposal will be opened and the cost will be included in the evaluation. The weight of each item in the final score is listed in the column below
16
Responsiveness of Technical Proposal (including subcontracts if applicable) …,,……………………………………………………… 70% Understanding of NATIONS Project Historical Background (Historical documents are identified in Section 7.1.2 of this RFP. These documents will be provided upon request). ………………………………….… 10% Project experience in providing similar services………….. 10% Adequacy and completeness of proposal………………….. 10% Project management plan and methodology………………. 10% Technical skills……………………………………………. 10% Company Stability………………………………………… 10% References………………………………………………… 10% Cost…………………………………………………………..…….. 30% Total…………………………………………………………….....
100%
A proposal with a technical score of less than 70% will be considered non responsive. Bidders whose proposals do not meet the minimum technical requirements will not be considered a viable proposer. The proposal with the highest total score will be selected as the Potential Contractor. 4.5.
AWARD AND FINAL OFFERS The award will be granted in one of two ways. The award may be granted to the highest scoring responsive and responsible proposer. Alternatively, the highest scoring proposer may be requested to submit final and best offers. If final and best offers are requested, they will be evaluated against the NATIONS Project Evaluation Criteria (per Section 4.4) scored and ranked. The award will then be granted to the highest scoring proposer.
4.6.
NOTIFICATION OF INTENT TO AWARD All proposers who respond to this RFP will be notified in writing of NATIONS intent to award the contract as a result of this RFP. After notification of the intent to award is made, and under supervision of NATIONS, copies of proposals will be available for public inspection from 8:00 AM to 4:00 PM until May 30, 2014 at the Standing Rock Sioux Tribe WIC Program,139 Proposal Avenue , Fort Yates, ND 58538 Vendors should schedule reviews with Brenda Finn, Standing Rock WIC Director at 701-854-7263.
17
4.7.
PROTESTS See Section 11.28 of this RFP.
4.8.
RFP CANCELLATION This RFP may or may not result in an award of Contract. Moreover, NATIONS reserves the right to cancel this RFP, and neither conveys rights upon the proposer nor obligates NATIONS nor the Standing Rock Sioux Tribe WIC Program in any manner.
4.9.
PRESS RELEASES During the selection process, prospective proposers shall not cause to be issued any news releases relating to this RFP or NATIONS or any of the MP ITO WIC Programs without prior approval (written) of NATIONS
PART 5: PROPOSER MANDATORY REQUIREMENTS AND QUALIFICATIONS 5.1.
PROPOSER MANDATORY REQUIREMENTS In order to receive consideration, each proposal must demonstrate at a minimum that the respondent has: A. Successful experience with similar type and size projects, B. Knowledge of and/or experience with health and human services data systems, C. Knowledge of and/or experience with benefit delivery systems either paper or electronic benefit issuance (EBT) online/ offline D. Formally trained Professional Project Manager (PMP Certified)
5.2.
PROPOSER QUALIFICATIONS The selected proposer will be required to maintain the level of staff qualifications including but not limited to at least one formally trained professional Project Manager (PMP): with the appropriate qualifications and experience as set forth in this proposal throughout the term of the contract. Proposals must describe the proposer’s organization, personnel, facilities, and experience that demonstrate their qualifications and capabilities to meet the requirements of this RFP, including, but not limited to the following: A. The legal form of the proposer's organization, the state in which incorporated (if a corporation), the types of business ventures in which the organization is involved, and a chart of the organization. 18
B. The organization of the team (if applicable) assigned to the project and the delegation of responsibilities. If teams will be assigned for the project, describe both and explain why teams will be utilized. It is expected that the Project Manager will be assigned any and all teams. C. The names and qualifications (education, training, position in firm, experience, etc) of the personnel who will conduct the project; including the person(s) responsible for communication with NATIONS. No change in personnel assigned to the project will be made without the prior approval of NATIONS. D. A statement of the proposer's previous experience with WIC MIS and/or WIC EBT, or similar consulting involving project management and planning. Include the names, telephone numbers, and addresses of organizations and/or persons who may be contacted for references. A written sample, demonstrating of technical writing skill of at least 500 words, authored by the proposed Project Manager. E. An income statement for the two (2) most recent fiscal years certified by a Certified Public Accountant, and a balance sheet as of the end of the two (2) most recent years reviewed and/or certified by a Certified Public Accountant, to evidence the proposer's financial resources and stability. DUNS and Bradstreet credit reports for public companies are encouraged to be submitted. F. A description of any and all services which will be subcontracted in order to fulfill the terms of the RFP. NATIONS must approve subcontracts prior to entering into any contractual obligation with the proposer. G. A description of any litigation in which the proposer is presently involved. H. A Statement of the proposer's other contractual obligations which might have an affect and/or influence on the capabilities of the proposer to meet the conditions of the RFP/Contract.
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PART 6: BACKGROUND: CURRENT ITO WIC OPERATING STRUCTURE 6.1.
CURRENT STRUCTURE o In addition to ten (10) permanent on-site clinics, the ten (10) Indian Tribal WIC Programs operate approximately 22 clinic sites that are defined as either mobile or remote clinics. o Tribal ITOs are located in rural, isolated areas with little if any technological resources and/or infrastructure. o Participation of the combined MP-ITO ten-state caseload is approximately 5,000. In FY 2012 the caseload was approximately 4,738 (Cheyenne River Sioux:800; Eastern Shoshone: 186; Northern Arapaho:500, Omaha Nation: 323; Rosebud Sioux:1342, Santee Sioux: 133, Standing Rock Sioux: 880; Three Affiliated Tribes: 350; Ute Mountain Ute: 207; and Winnebago: 220). o The larger ITOs usually operate on a daily basis, while the smaller ITOs may only operate on a few days each week. Each ITO varies substantially in the number of participants served, as well as the frequency for which clinic services are provided. o Further growth in participation numbers is probable, but this expansion is dependent on the availability of adequate funding. As participation increases or other factors affecting the WIC Program change, the number of agencies or clinics providing WIC services will likely remain static.
6.2.
BACKGROUND ON CURRENT PROCESSING ENVIRONMENT AND TECHNOLOGY o The ten MP ITOs worked together to plan and develop the management information system (MIS), currently in use, known as the WIC Indian Data Networking (WINDS) System. WINDS was in development from 1992 to 1995 and implemented in 1996. Since that time, it has undergone multiple updates and revisions to keep it current with Federal Requirements o WINDS was written using PowerBuilder, a product of Sybase. PowerBuilder is an Integrated Development Environment (IDE). PowerBuilder utilizes an IDE that is Win32-based and that allows development of Win32 applications. These applications can then be deployed in a client/server, Object Oriented Programming (OOP) architecture. o WINDS is housed on individual stand- alone servers located at each the 10 ITO sites, which utilizes Windows 2000 as their Operating System. o Each of the ITOs run client PC’s, utilizing Windows XP Operating System with Service Pack 2. o At this point in time, WINDS is not supported by operating systems with functionality greater than Microsoft XP, nor does it support newer functionalities such as a web based applications and Electronic Benefits Transfer (EBT). o The Winds Contractor provides system updates via dial-up networking and biannual onsite visits to each of the ITOs.
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o Each of the 10 ITOs have a permanent site / clinic which are defined as those that have equipment that is stationary and does not get moved to other locations. o Approximately half of the ITOs have mobile and/or remote clinics which are defined as sites that operate on a copy of the project database via a synchronization process from the central server to a laptop. Mobile/remote clinics operate without Internet connectivity. Once the operations at a mobile/remote clinic are completed, project staff returns to the permanent site and re-connect to the server to synchronize their data with the database.
Hardware Currently In Use at Each of the Ten MP-ITO Sites ITO Name
Desktop Workstation
Main Server
Laptop Server
Laptop
MICR Check Printer
Voucher Printer
Mobile MICR Printer
Mobile Voucher Printer
Network Printer/ Copier Scanner
Desktop Printer/ Scanner
Internet Access
Wireless Router
Electronic Signature Pads
Stand Alone Scanner
Rosebud Omaha Three Affiliated Standing Rock Winnebago Shoshone Cheyenne River Santee Ute Mountain Arapaho
10 5
1 1
1
7 1
N/A 1
1 0
N/A 0
1 0
1 1
3 2
Dial-Up DSL
1 0
10 0
1 0
5
1
1
2
1
0
1
0
1
1
DSL
0
0
0
7
1
1
4
1
0
1
0
1
1
DSL
0
0
0
2 2
1 1
0 0
0 0
1 1
0 0
0 0
0 0
1
2 2
DSL Dial-Up
0 0
0 0
0 0
6
1
1
2
1
0
1
0
1
4
DSL
0
0
0
3
1
1
1
0
0
1
3
DSL
0
0
0
4
1
1
3
1
0
1
0
1
2
DSL
0
0
0
5
1
0
0
1
0
0
0
0
0
DSL
0
0
0
BACKGROUND INFORMATION ON CURRENT BUSINESS PROCESSING ENVIRONMENT (WINDS) AND ITO LOCAL AND STATE FUNCTIONS–
6.3.1
LOCAL AGENCY ROLES AND FUNCTIONS
Each of the 10 ITOs act as a local agency and perform all functions related to participant WIC certification including but not limited to: A. Participant Certification Features
Collecting and inputting required demographic information Record of personal data including participant contact information Income Determination Fields to document: Personal Contact Information\ Functionality to calculate annual income based on hourly, weekly, or monthly data and calculate income eligibility Household Size Adjunct Eligibility
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Proof of Residence and Identity Proxy Information Transfer Documentation and Verification Certification Capability to capture, record, and store electronic signatures
of
B. Nutrition Assessment/Risk Assignment/Nutrition Care Plan
Fields to document current weight, height/length, Hemoglobin/hematocrit, and infant/child head circumference. Estimated date of confinement (EDC) Functionality to calculate wt gain/loss, Body Mass Index, age, weeks gestation; growth percentiles Automated plotting of infant/child growth charts for percentiles: wt for age; length/stature for age; weight to length; and body mass index for age Field to document current immunization status; referral services; and written educational materials provided Automated assignment of system driven objective nutrition risk factors User enabled risk factor assignment of subjective nutrition risk factors System enabled notification of participants considered to be of high nutrition risk based on specific risk factor assignment Open fields for documentation of nutrition care plan and follow-up notations Fields to link and document newborn infant data including birth weight, length, and information regarding initiation and duration of breastfeeding Category specific participant questions formatted according to Value Enhanced Nutrition Assessment (VENA) specifications with open fields for user input
C. Documentation of participant contact
User ability to record participant interaction information Certification and a record of food instrument deposition data is maintained in ADP system
D. Food Instrument (FI) Assignment and Paper FI Issuance
User ability to assign food package based on participant category Ability to void and reissue FI’s Up to a three-month period, or "tri-monthly issuance" of FIs FI signature log is signed as verification of receipt of the FI’s
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6.3.2
FI’s are printed on-site from WINDS on an as-needed or by monthly batch basis using preprinted draft stock WINDS prints the participant information plus the draft messages on the draft stock Participants use their WINDS generated FI’s (2 – 4 FIs per participant per month) to obtain only the prescribed foods from Authorized WIC Food Vendors FI’s are valid for use by the participant (or authorized proxy) for a period of 30 days from the designated "first date to use" shown on the FI Participants must sign the FI at the time of redemption Presently, NATIONS ITOs issue an average of 20,000 FI’s to approximately 5,000 participants per month
STATE AGENCY ROLES AND FUNCTIONS
In addition to Local Agency Functions, each of the 10 ITOs act as State Agencies and are required to fulfill related requirements including but not limited to:
A. Vendor management functions
Ability to document application requests, determining history and pricing eligibility of vendor applicants Ability to record and monitor the following processes: vendor food prices, site visits, and other compliance activities, events related to the vendor and sanctions for program rule violations, and a variety of reporting functions Ability to authorize vendors, track monitoring and compliance investigations Ability to assign vendor peer groups
B. Food Instrument Functions (FI)
Ability to track disposition of FI’s User ability to reconcile FI to banking or voucher system ADP system maintains an inventory of disposition of all FI’s (issued, voided, voided for reissue) and the reason for a voided FI as well as check stock inventory
C. Food Package Functions
User ability to build and/or modify food packages
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D. Reporting Functions E. Other
Financial Reporting – FNS 798 – FNS submission Multiple ad hoc reporting features USDA WIC Participant and Program Characteristics (WIC PC) Study TIP Reporting for FNS submission
Ability to link members into a family unit Scheduling feature providing customizable calendar templates for each ITO and by service to be provided, allowing flexibility in appointment scheduling and reminders Look-up tables to enable site specific program modifications Automated client processing for categorically ineligibility, “no shows”, and terminations Automated generation of participant notifications of termination and recertification Ability to set user access rights PART 7: Tasks and Deliverables Successful proposers will describe their methodology and the associated activities that they will perform in order to accomplish each of the objectives and tasks listed below. 7.1 Tasks and Deliverables Pertaining to Project Manager 7.1.1 Task: Act as Project Manager (PM) from Implementation Phase of MIS through the planning and implementation of EBT. The Project Manager must be identified as a distinct individual from any other staff who may be working on the NATIONS MIS/EBT Project. Deliverables Include but are not limited to: 7.1.1 a Provide oversight and monitoring of planning and program activities for NATIONS from the Implementation phase of MIS and through the planning and implementation of phases of EBT; identify and advise of any potential solutions to correct planning and or program development missteps, delays or cost overruns. 7.1.1 b Complete a Baseline Project Management Plan for both MIS implementation and EBT planning/implementation which describes project oversight and reporting requirements for NATIONS and the contractor(s), Each plan must also identify which resources
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NATIONS expects to apply to the implementation phase of the MIS and planning and implementation phase of EBT. Provide Project Plan Updates on a monthly basis. 7.1.1 c Assist in identifying and achieving project milestones using MS Project software. Update schedule according the progress of MIS Implementation and EBT planning and implementation. 7.1.1 d Provide and maintain a secure Web site that has received prior written approval from NATIONS to facilitate communications and serve as a repository for documentation for NATIONS. NATIONS should be designated as the “owner” of the Website and this access maintained to the Website throughout the project until EBT phase has been implemented and approved. . The site must be provided by the contractor and accessible with commercially available software. 7.1.1 e Provide support and guidance to NATIONS. This includes but is not limited to: supplying agenda for meetings, arranging meetings and conference calls, compiling and distributing minutes, and maintaining documentation and version control of documents in electronic form using Microsoft Word both on the secure website in the form of CD and/or flash drive. 7.1.1 f Assist MIS DDI Vendor and QA contractor by providing written evaluation during each phase of the development of a MIS System User Training Plan. 7.1.2 Task:
Review NATIONS MIS project historical documents. Review and provide a written overview on the Assessment of WINDS Technical and Infrastructure Capacity Document; Summary of Client Processing and Recommendations for Business Process Improvements Document; NATIONS Functional Requirements (FReD) Document; NATIONS Cost Benefit Analysis; NATIONS Feasibility Study; NATIONS Systems Alternative Analysis; and the NATIONS IAPD.
7.1.3 Task:
Travel to the 10 ITO sites to gain an understanding of each ITO organization and existing infrastructure
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Deliverables to be included in this task but not limited to: 7.1.3 a Travel to all 10 ITO between the dates of April 14-25, 2014, or according to schedule developed by NATIONS. 7.1.3 b Procure 14 User Licenses’ for the newest versions of both Microsoft (MS) Project and MS Office. Install both sets of software onto assigned work stations at each of the 10 ITO’s. Additionally, install both sets of software onto selected laptop/PC for the Project Lead, Assistant Lead, Fiscal Lead, and Secretary. Ensure that the software is functional on each laptop/PC and orient at least one staff member per ITO to the software. 7.1.3 c Provide written synopsis which outlines observations and a summary of each of the site visits should be submitted within 2 weeks of return from the trip.
7.1.4 Task: Travel and attend all specified NATIONS meetings at a location specified by NATIONS Deliverables to be included in this task but not limited to: Travel, attend, provide technical assistance, support and guidance (as outlined in Task 7.1.1 f) and provide a written summary NATIONS within 2 weeks of the conclusion of each meeting. At a minimum, each set of meetings will include 3 full meeting days (not including travel days) 7.1.4 a Quality Assurance (QA) Contractor Bid Evaluation and Selection Meeting 7.1.4 b Development, Design, and Implementation (DDI) Vendor Question and Answer Session 7.1.4 c DDI Vendor Bid Evaluation and Selection Meeting 7.1.4.d NATIONS Implementation Kick Off Meeting 7.1.4.e All meeting associated with MIS Project Design Development, and Implementation 7.1.4 f All meetings associated with EBT Planning 7.1.4 g All meetings associated with EBT Implementation
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7.1.5 Task:
Work in conjunction with NATIONS to develop and/or update the USDA-required Planning Advance Planning Documents for both the MIS and EBT Projects. These planning documents will be developed in accordance with most-current USDA Handbook 901 and the WIC Functional Requirements Document. http://www.fns.usda.gov/apd/Handbook_2007/hb901_2007.htm http://www.fns.usda.gov/apd/WIC_FRED.htm
Deliverables to be included in this task but not limited to: 7.1.5 a Prepare NATIONS MIS Annual and/or As Needed Advance Planning Document, with guidance from NATIONS according to FNS Handbook 901.
7.1.5 b Prepare NATIONS EBT Advance Planning Document (and Annual updates and/or As Needed submissions), with guidance from NATIONS according to FNS Handbook 901. At a minimum the following dates in reference to the EBT Planning Advance Planning Document (PAPD) must be observed: 1 Present EBT PAPD to NATIONS for initial approval by January 12, 2015 2. EBT PAPD submitted to USDA by February 13, 2015 3. EBT PAPD approved by USDA by August 14, 2015
PART 8: PROPOSAL WORKPLAN 8.1 PROJECT WORKPLAN A preliminary project work plan must be submitted with the proposal. The work plan must include all deliverables defined in Part 7, along with proposed completion dates. The preliminary work plan will be the basis of the final work plan. Any changes to the project work plan must be approved by NATIONS. The project work plan should be updated with actual completion dates when final deliverables (including documentation) are accepted by NATIONS. NATIONS anticipates ongoing updates to be made to the final plan throughout the life of the contract.
The work plan shall include but is not limited to the following: o Detailed project schedule: Include the tasks and deliverables from Part 7, showing resources, milestones, phases, durations, etc. o Project Staffing/Responsibility: Identify the Project Manager, and if other staff are to be utilized, describe the overall staffing approach for the project, detailing, if applicable, which staff member(s) are responsible for each task and deliverable. The staffing approach shall include the proposer’s staff as well as any subcontractor staff and should cover all phases of the project. 27
o Project Management: Describe the project management approach used for the proposed project, including the project management process, a description of how the project will be managed, and a description of the proposer’s methodology for completing each Task/Deliverable describing assumptions, risks, and probabilities. PART 9: TASK/DELIVERABLE INFORMATION
The information below is adjunctive to the previous parts of the RFP and defines specific criteria related to this RFP. Proposers will adhere to the following: 9.1
Deliverable Formats and Media The formats for the Report deliverables are open to contractor preference as long as they include the following elements:
Cover page Author contact information Document revision history Header or footer identifying the document Footers with page numbers Table of contents Appendices as needed List of sources. The Media Requirements for Tasks/Deliverables in Part 7 of the RFP are:
Three (3) paper copies One (1) electronic version of all primary and supporting documents and work papers. Electronic versions must include the native version (documents in MS Word, worksheets in MS Excel, project schedules in MS Project, and presentations in MS PowerPoint) in addition to any portable document file versions. Electronic versions will be posted on the secure website, ensuing version control, and also be conveyed by e-mail (preferred) or CD-ROM. Tasks/Deliverables in Part 7 of the RFP are to be submitted to: Ute Mountain WIC Program Project Lead Agency Nancy Corbin P.O. Box 168 Towaoc, CO 81334 Phone: 970-564-5363 Fax: 970-564-5366
[email protected] 28
9.2
Task/Deliverable Acceptance Criteria In order for a task/deliverable to be accepted, it must meet the following criteria: Delivery timeframe – the deliverable associated with the task must be on or before the date based on the project schedule unless a mutually agreed upon change has been established between the contractor and NATIONS. Changes to delivery timeframes must be documented and signed by the associated parties. Deliverable Review and Approval – A review period will be established for each Deliverable by the Project Lead Agency. Each submitted deliverable will be considered to be in draft form until formal written acceptance of specific deliverable is granted by the Project Lead Agency. Rejection of Deliverable – A deliverable may be rejected if it does not meet the requirements for the deliverables as specified in Section 7 and the Acceptance Criteria set forth in Sections 9.1 and 9.2. Format and Media – Must meet requirements specified above. Correct spelling and accepted grammar with a clear writing style and plain language Content will be complete according to all tasks/deliverables, including accurate facts, figures, arguments, and conclusions. All sources must be cited completely and verifiable. All written deliverables must be supplied in printed and electronic format, utilizing Microsoft Office products.
9.3
Service Delivery Location and Times Proposers are not required to maintain offices at any of the NATIONS ITO sites, although it is expected that the PM responsible for the project will be available and accessible during the hours of 8:00 am to 6:00 pm (CST), Monday thru Friday, for consultation and questions. The proposer is required to be present at a mutually agreed upon site for the meeting specified in Section 7..
9.4
Changes in Location The successful proposer shall notify NATIONS in writing a minimum of one week prior to making changes in their working location that will affect NATIONS’ ability to contact the successful proposer by telephone or facsimile.
29
9.5
Equipment The successful proposer will be responsible for supplying, at their own expense, all equipment necessary to perform under the contract, including but not limited to computers, telephones, copiers, fax machines, maintenance and office supplies.
9.6
Coordination with Other Entities NATIONS may provide technical support and assistance to the successful proposer within the resources of the department to assist them in meeting the required tasks in Part 7 of this RFP. The support and assistance, or lack thereof shall not relieve the provider from full performance of any and all contract requirements.
9.7
Financial Specifications Funding Source The project is funded with federal funds from the USDA/FNS. There are no Standing Rock Sioux Tribe or NATIONS funds involved in this RFP. Allowable Costs Expenses incurred must be in accordance with the provisions of 7 CFR Part 3016, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, and OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments. In general, costs must be reasonable and necessary in meeting program objectives. Invoicing and Payment of Invoice The Standing Rock Sioux Tribe WIC Program shall pay the successful proposer a fixed price for the entire contract and tasks/deliverables outlined in this RFP. Reimbursement of each definable task/deliverable listed in Part 7 of this RFP will be reimbursed based on the details in the cost proposal submitted in Part 10 of the RFP. The proposer must justify the unit cost for each payment of service described in their response to the RFP. The successful proposer shall request payment through the submission of a properly completed and detailed invoice citing specific approved deliverable and submission of a signed Deliverable Acceptance Form within ten (10) calendar days of the formal acceptance by NATIONS for each task/deliverable. The signed original invoice will include the total dollar amount to be paid and the deliverable acceptance form(s) signed by NATIONS representative(s) and the contractor. The aforementioned documentation (invoice and deliverable acceptance forms) is subject to review.
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PART 10: COST PROPOSAL 10.1.
GENERAL INSTRUCTIONS FOR PREPARING COST PROPOSALS
I. The Cost Proposal The Cost Proposal must describe all costs associated with this RFP. This is a fixed price contract and proposers should submit one single total cost relating to performing all tasks/deliverables specified in this RFP. However, costs for each one of the tasks/deliverables listed in Part 7 will need to be listed separately for reimbursement purposes.
II
The Cost Proposal Narrative The Narrative will explain how the Cost Proposal was developed, what types of costs are included for each task/deliverable in Part 7 of this RFP, if not specifically identified in the instruction, how calculations were conducted. The Narrative will describe any extraordinary items, if any, that significantly affect the Cost Proposal.
10.2.
FORMAT
The proposer must provide cost details in the format described above. The Cost Proposal Narrative should be in a format that details the costs according to each section of the Cost Proposal. The Cost Proposal must be sealed separately. The Proposer's name, RFP Title, and "Cost Proposal" should be clearly labeled on the package. 10.3.
PRICE ESCALATIONS
Price escalations are not allowable under this contract.
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PART 11: SPECIAL CONTRACT TERMS AND CONDITIONS 11.
INTRODUCTION Standing Rock Sioux Tribal and Federal law require specific provisions in contracts. The following reflects those provisions as well as other general contract expectations of the Standing Rock Sioux Tribe WIC Program. In addition to the provisions appearing in this RFP document, the final contract may include provisions tailored to reflect the specifics of the successful proposal. The final contract will incorporate by reference the provisions of this RFP document and the successful proposal. The contract itself will address and resolve any conflicts or ambiguities that exist within or between those documents.
11.1
CONTRACT AWARD/DISCLOSURE OF PROPOSAL INFORMATION The contract will be awarded to the highest scored proposer who meets all conditions and requirements of this RFP document, which shall become an integral part of the final contract. Information concerning the proposals and review will become part of the public record after the award selection is made. There shall be no restrictions on information included in the proposal, except proposers who wish to designate information as confidential.
11.2
CONFIDENTIAL/PROPRIETARY INFORMATION Any restrictions of the use or inspection of material contained within the proposal shall be clearly stated in the proposal itself. Written requests for confidentiality shall be submitted, by the Proposer with the proposal. The Proposer must state specifically what elements of the proposal are to be considered confidential/proprietary. Confidential/proprietary information must be readily identified, marked and separated/packaged from the rest of the proposal. Co-mingling of confidential/proprietary and other information is NOT acceptable. Neither a proposal, in its entirety, nor proposal price information will be considered confidential/proprietary. Any information that will be included in any resulting contract cannot be considered confidential. The SRST WIC Program will make written determination as to the apparent validity of any request for confidentiality. The written decision of the SFST will be sent to the Proposer.
11.3
PRIME CONTRACTOR RESPONSIBILITIES FOR SUBCONTRACTOR The selected Vendor will be required to assume primary responsibility for services whether or not the Contractor produces them or provides the service. Further, the SRST will consider the selected Contractor(s) to be the sole point of contact with regard to contractual matters. The planned use of any and/or all proposed subcontractors must be clearly explained in the proposal, including qualifications and references. The prime Contractor’s subcontractors must meet the same standards, terms and conditions for procurement as are imposed on the prime Contractor by this RFP. Failure to identify any such subcontractor in the Proposer’s proposal shall be sufficient cause for disqualification of a proposal or cancellation of a Contract. Subcontractors must be United States based to provide consistency in staff. 32
11.4
CONFIDENTIALITY AGREEMENT All information supplied to or obtained by the Proposer or its agent(s) pertaining to WIC participants and any documentation is confidential and may not be used for any purpose other than the formulation of a good faith proposal. Any other use of or release to any party or parties of this confidential information without the prior written consent of the SRST shall constitute a breach of this admitted confidentiality and may result in disqualification of the Proposer or other sanctions as determined by the SRST.
11.5
RFP AND PROPOSAL AS ATTACHMENT TO THE CONTRACT This RFP and the formal proposal submitted by the Proposer shall become attachments by reference to the Contract drawn up between the Contractor and SRST WIC.
11.6
PENALTIES Time is of the essence in the performance of the Contract. If the Proposer who is awarded the contract fails to meet the performance requirements in accordance with the Contract or within any extensions or exceptions thereof which may be granted, the SRST may assess the Contractor a penalty. Penalties shall be agreed upon during negotiations with Proposer prior to Contract signing.
11.7
CONTRACTOR FREEDOM FROM LIABILITY The Contractor shall not be liable for any damages if the failure to perform the Contract arises out of caused beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to, acts of God, acts of the SRST solely in its sovereign or contractual capacity (and deadlines changed by SRST WIC), fires, floods, epidemic, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, the failure to perform must be beyond the control and without the fault or negligence of either the Contractor or its subcontractor(s). When such a cause arises, the Contractor shall notify the SRST WIC immediately in writing of its failure to perform, describing the cause of failure and how it affects performance, and the anticipated duration of the inability to perform. The SRST WIC shall review the information provided, and may at its option, rescind the Contract.
11.8
RFP RESPONSE MATERIAL OWNERSHIP All material submitted regarding the RFP becomes the property of the SRST. The Tribe has the right to use any or all information/material presented in reply to the RFP, subject to limitations outlined in the Proprietary Information. Disqualification of a bidder does not eliminate this right. All documents and data from proposals become the property of the Standing Rock Sioux Tribe WIC Program and NATIONS.
33
11.9
NEWS RELEASES News releases or public statements pertaining to this procurement or any part of the proposal shall not be made without prior written approval of the SRST.
11.10
RFP CANCELLATION: The SRST reserves the right to cancel this Request for Proposal at any time without penalty
11.11
SRST OWNERSHIP OF CONTRACT PRODUCTS/SERVICES Proposals, upon established opening time, become the property of the SRST. All products/services produced in response to the contract resulting from this RFP will be the sole property of the SRST. The contents of the successful Proposer’s proposal will become contractual obligations. SRST and the Food and Nutrition Service (FNS) reserve a royaltyfree, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and authorize others to use the for Federal Government purposes, the copyright in any software and associated documentation developed under the resulting contract.
11.12
INCURRING COSTS SRST is not liable for any cost incurred by Proposers prior to issuance of a legally executed contract or procurement document. No proprietary interest, of any nature shall occur until a contract is awarded and signed by all concerned parties.
11.13
NON-DISCRIMINATION The Proposer shall comply with all applicable state and federal laws, rules and regulations involving non-discrimination on the basis of disability, race, color, religion, national origin, age or sex.
11.14
REJECTIONS OF PROPOSALS SRST reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received and to accept any portion of a proposal or all items proposed if deemed in the best interest of NATIONS.
34
11.15
PARENT COMPANY If a Proposer is owned or controlled by a parent company, the name, main office address and parent company’s tax identification number shall be provided in the proposal.
11.16
CONTRACT CANCELLATION The SRST reserves the right to cancel, for cause, any contract resulting from this RFP by providing 30 day written notice to the Contractor.
11.17
CERTIFICATION OF INDEPENDENT PRICE DETERMINATION 1. By submission of this proposal each Proposer certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, that in connection with this procurement: a. The prices in this proposal 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 Proposer or with any competitor; b. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the Proposer prior to opening, directly or indirectly to any other Proposer or to any competitor; and c. No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. 2. Each person signing the Invitation to Bid form of this proposal certifies that: He/she is the person in the Proposer’s organization responsible within that organization for the decision as to the prices being offered herein and that he/she has not participated, and will not participate, in any action contrary to 1(a) through (1)(c) above; or he/she is not the person in the Proposer’s organization responsible within that organization for the decision as to the prices being offered herein but that he/she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above, and as their agent does hereby so certify; and he/she has not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above. 3. A proposal will not be considered for award where (1)(a), (1)(c), or (2) above has been deleted or modified. Where (1)(b) above has been deleted or modified, the proposal will not be considered for award unless the Proposer furnishes with the proposal a signed statement which sets forth in detail the circumstances of the disclosure and the head of the agency, or his designee, determines that such disclosure was not made for the purpose of restricting competition.
35
11.18
CONFLICTS OF INTEREST The Proposer agrees that during such time that they are retained by SRST, the Proposer and its agents will not engage in any activity which creates a conflict of interest with the project.
11.19
TAXES The SRST, as purchaser, is exempt from all federal taxes under the Internal Revenue Code and Section 501 (c)(4). The SRST Federal Tax Exemption number is 450220519.
11.20
ASSIGNMENT Except for assignment of antitrust claims, neither party to any resulting contract may assign any portion of the agreement without the prior written consent of the other party.
11.21
CONTRACTOR IS NOT AN EMPLOYEE The Proposer and its agents and employees are independent of SRST. The awarded Proposer will be performing professional services for the SRST and will not be employees of the SRST. There will be no be accrual of leave, retirement, insurance, bonding, use of SRST vehicles, or any other benefits afforded to employees of the SRST as result of this proposal. There will be no employee benefits occurring as a result of this proposal, such as insurance coverage provided by the SRST participation in the SRST retirement system; accumulation of vacation leave, or sick leave. There will be no withholding of taxes by the SRST.
11.22
SRST NOT LIABLE The SRST assumes no liability for any accident or injury that may occur to the Proposers. Once an award has been made, SRST assumes no liability for any accident or injury that may occur to the Contractor, his or her agents, dependents or personal property while en route to or from the SRST or any other sites as required or during any travel mandated by the of the terms for the final contract. The SRST shall not be liable to for any work performed by the Proposers prior to the award and approval of a contract by the SRST and hereby expressly waives any and all claims for service performed in expectation of an awarded contract prior to its approval by the SRST.
11.23
RISK OF LOSS The Contractor assumes all risk of personal injury, and all risk or damage to or loss of personal property furnished by the Contractor, unless caused by negligence or gross misconduct of the SRST or its employees.
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11.24
LIABILITY The Contractor will assume responsibility for its personnel providing services hereunder and will make all deductions for social security and withholding taxes and for contributions for employment compensation funds and shall maintain at the contractor’s expense all necessary insurance for its employees including but not limited to Workers Compensation and liability insurance for each of them.
11.25
PAYMENT OF TAXES The contractor will be responsible for the payment of taxes from the funds received by it under the final contract and shall be the Contractor’s obligation and shall be identified under the Contractor’s actual federal tax identification number(s).
11.26
INDEMNIFICATION To the extent authorized by law, the Contractor shall indemnify, save and hold harmless the SRST, its employees and agents, against any and all claims, damages liability, and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor or its employees, agents, subcontractors, or assignees pursuant to the terms of the contract resulting from this RFP
11.27
VENUE
The laws of the SRST, Fort Yates, ND, U.S.A. shall govern in connection with the formation, performance and the legal enforcement of any resulting contract. 11.28
PROTESTED SOLICITATIONS AND DISPUTES All claims, protests, disputes and other matters in questions arising out of, or relating to, the RFP documents shall be resolved by the arbitration committee. The committee shall consist of 1 person from each of the ITOs in NATIONS. The awards rendered by the arbitration shall be final. Any judgment may be entered upon it in any court having jurisdiction thereof. Such claims must be received in writing. Proposer will receive written notification of the judgment.
11.29
SELECTION OF PROPOSAL All Proposers will be notified in writing regarding the results of the RFP evaluation. Upon review and approval of the evaluation committee’s recommendation forward, the SRST WIC Program will issue a “Notice of Intent to Make an Award” letter to the apparent successful Proposer. A contract must be completed and signed by all parties concerned on or before the date indicated in the Schedule of Activities. If this date is not met, through no fault of the SRST, the SRST may elect to cancel the “Notice of Intent to Make an Award” Letter and make the award to the next most responsive Proposer.
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11.30
AWARD OF CONTRACT The award will be made to that Proposer whose proposal, conforming to the RFP, will be the most advantageous to NATIONS , price and technical factors considered.
11.31
ACCEPTANCE OF PROPOSAL CONTENT The contents of the proposal (including persons assigned to plan and manage the project) of the successful Proposer will become contractual obligations if acquisition action ensues. Failure of the successful Proposer to accept these obligations in a contract, purchase document, delivery order or similar acquisition instrument may result in cancellation of the award and such Proposer may be removed from future solicitations.
11.32
STANDARD CONTRACT: The SRST reserves the right to incorporate standard SRST contract provisions (Special Provisions and General Provisions) into any contract resulting from this RFP as well as required Federal Provisions. The ITOs represented in this RFP are 100% federally funded for the administration of the WIC Program. Therefore all products and services procured by the MP-ITOs are subject to the provisions listed below. USDA requires that all contracts include a signed “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions” form. These provisions and the USDA form are included as Attachment 2. The selected Contractor must abide by all Federal Procurement clauses found in Attachment 3 and certify that no Federal funds will be used to lobby or influence a Federal officer or a Member of Congress. Upon award, the Contractor will be required to complete Standard Form – LLL, “Disclosure Form to Report Lobbying,” http://www.whitehouse.gov/omb/grants/sflllin.pdf in accordance with its instructions. The Contractor agrees to comply with Federal and SRST statues including, Section 306 of the Clean Air Act, Section 580 of the Clean Water Act, and the Debarment Act.
11.33
ACCEPTANCE OF PROPOSAL SPECIFICATIONS IN CONTRACTUAL AGREEMENT All contents of this RFP document, RFP addenda and revisions, and the successful proposal will be attached to and become a part of the eventual contract. Completion and submission of a RFP constitutes agreement with this provision by the Proposer.
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11.34
RESTRICTION ON CONTACT WITH NATIONS REPRESENTATIVES/EMPLOYEES All telephone contacts and written correspondence to NATIONS concerning this RFP document should be directed to: Brenda Finn, Standing Rock Sioux Tribe WIC Program Director, 139 Proposal Avenue, PO Box 437, Fort Yates, ND, 58538. Phone: 701-854-7263 FAX #: 701-854-7122 E-Mail: Standing Rock WIC [
[email protected]] Any other contacts with NATIONS representatives by Proposers employees, agents, or representatives regarding this RFP document are prohibited, unless approved by the Standing Rock Sioux Tribe WIC Program Director, from the date this RFP document is issued until an announcement by NATIONS of the successful Proposer. Violation of this prohibition may result in disqualification of the Proposer.
11.35
SRST OR ASSIGNED REPRESENTATIVE ACCESS TO THE CONTRACTOR'S PREMISES For the purpose of assuring the contractor's compliance with the contract, the duly authorized agents or representatives of the SRST shall at all reasonable times be accorded access to the contractor's premises to inspect, audit, monitor or otherwise evaluate the performance of the contractor's activities. This access includes during the proposal review process for the purpose of verifying information required under this RFP document. If the SRST or Assigned Representative requests right of access, the contractor (or subcontractor) shall provide and make available staff to assist in the audit or inspection effort, and provide adequate space on the premises to reasonably accommodate SRST or assigned personnel conducting the audit or inspection effort. All inspections or audits shall be conducted in a manner which will not unduly interfere with the performance of the contractor's activities.
11.36
RECORDS RETENTION The successful Proposer shall retain, preserve and make available upon request all eligibility forms, other forms, records and documents relating to the performance of its obligations as specified under the contract. The contractor shall retain such documents whether maintained in paper or in any other form along with their documentation for computer generated reports for a period of not less than three (3) years from the date of termination of the contract. Such access shall include the right to inspect, audit, and reproduce all such records and material and to verify reports furnished in compliance with the provisions of the contract. Upon expiration of the three (3) year retention period, the subject records shall upon request be transferred to SRST’s possession. Records involving matters that are the subject of litigation shall be retained for a period of not less than three (3) years following the termination of litigation, if the litigation is not terminated within the normal retention period. No records shall be destroyed or otherwise disposed of without the prior written consent of the SRST before the end of the applicable retention period.
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11.37
NOTICES All notices required or contemplated under the contract shall be in writing and personally served on the other party or sent by certified mail return receipt requested. A notice served personally shall be deemed served on the date of service. Notices served by mail shall be deemed served on the date of receipt.
11.38
CONTRACT LIAISON Liaison with NATIONS will be through Brenda Finn, Standing Rock Sioux Tribe WIC Program, NATIONS Fiscal Lead, 139 Proposal Avenue, P.O. Box 437, Ft Yates, ND 58538, Phone: 701-854-7263, who will represent NATIONS interest in coordinating the contractor's requirements and responsibilities as outlined in this contract.
11.39
EFFECTIVE DATE, CONSTRUCTION, AND DEFINITION 1. Effective Date of Contract The contract shall become effective when signed by authorized representatives for each part. By his/her signature, each signatory represents that he/she has all required legal right and power to perform all acts called for by this contract by the Standing Rock Sioux Tribe WIC Program. 2. Approval The contract shall be subjected to approval by the USDA-FNS for expenditure of Federal funds under the contract, as required by applicable regulations. 3. Order of Precedence In the event of any conflict between the provision of the contract, the incorporated provisions of the RFP, or the incorporated provisions of the proposal, the provisions of the contract shall prevail over the conflicting provisions of the RFP and of the proposal, and the provisions of the RFP shall prevail over conflicting provisions of the proposal. To the extent that any topic or issue is addressed in the contract, it shall be presumed, in the absence of convincing evidence elsewhere in the contract to the contrary, that the treatment given that topic or issue in the contract is exhaustive and exclusive. In no event however, shall the mere absence in the contract of mention of a duty promised to be performed by the contractor or by SRST in the proposal or required of the contractor or SRST in the RFP be used to negate the contractor's or NATIONS’ obligation to perform that duty. 4. Entire Agreement The contract constitutes the entire agreement with respect to the subject matter hereof and there are no representations, understandings or agreements relative hereto which are not fully expressed herein. No change, waiver or discharge hereof shall be valid unless in writing and executed by the part against whom such change, waiver or discharge is sought to be enforced.
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5. Construction While the contract is intended to constitute the entire agreement between the parties with respect to the subject matter, in the event that there should be any ambiguity in the provisions of this contract, the parties agree that the following sequence of events shall guide in constructing the contract: The proposal was offered in response to the RFP, and the contract is in result of the ensuring negotiations.
11.40
CONTRACT TERM, EXTENSION, AND CONTINUANCE 1. Initial Contract Period The initial contract for the Project Manager shall, upon execution by both parties, become effective April 1, 2014 and extend through February 28, 2016 unless extended or terminated as provided within this RFP. Additionally, the Project Management services for the EBT effort outlined in this RFP will, upon contract execution by both parties, become effective March 1, 2016 and extend through September 30, 2020, or until the EBT project is fully implemented unless extended or terminated as provided within this RFP. 2. Extensions There may be two (2) extensions at the discretion of the NATIONS and the Standing Rock Sioux Tribe WIC Program, each of duration of one (1) year each. Such extensions of the contract will be at billing rates to be mutually agreed upon ninety (90) days prior to the effective date. 3. Continuance of the Contract As required by Standing Rock Sioux Tribal Statutes, the contract must include the following provision: "continuance of the contract beyond the limits of funds available shall be contingent upon appropriation of the necessary funds, and the termination of the contract by lack of appropriations shall be without penalty, provided that Standing Rock Sioux Tribe WIC Program notifies the contractor of this situation immediately upon knowledge of its existence. The contractor shall be paid for all services provided up to the date of the Notification of Lack of Appropriation. The contractor shall not be obligated to provide any services hereunder for which funds necessary for compensation are not available."
11.41
CONTRACT MODIFICATION AND RENEGOTIATION Except where mandated by a change in Tribal or Federal law, any modification to or amendment of the original contract requires the mutual written consent of the parties. Renegotiation of the contract may occur (a) in the event the laws of the Standing Rock Sioux Tribe or of the United States are amended or judicially interpreted as to render unfeasible the fulfillment of the contract on the part of either party or (b) if any Tribal or Federal statute or implementing regulation promulgated pursuant thereto, or judicial interpretation hereof, should make it mandatory that the contractor furnish a category or amount of benefits or services in excess of those contemplated or considered in
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establishing the charges herein or (c) in order for the contract to be in conformity with Tribal or Federal law. 11.42
CONTRACT TERMINATION The contract between the parties may be terminated as follows: 1. SRST acting as agent for NATIONS may terminate the contract at any time at its sole discretion by delivering 90 days written notice to the contractor. Upon termination, the agency's liability will be limited to the pro rata cost of the services performed as of the date of termination plus expenses incurred with the prior written approval of the agency. In the event that the contractor terminates the contract, for any reason whatsoever, it will refund to the agency within 15 days of said termination, all payments made hereunder by the agency to the contractor for work not completed or not accepted by the agency. Such termination will require written notice to that effect to be delivered by the contractor to the agency not less than 180 days prior to said termination. 2. In the event of termination, the contractor, shall promptly supply to SRST Tribe WIC Program, agent for NATIONS, all materials relating to project management covered by this RFP, including, but not limited to: a. NATIONS MIS and/or EBT Project Plan(s) and schedules, along with any updates b. Assess to secure website, flash drives and CDs of all documents c. Any and all User Software Licenses’ d. All documents., as outlined in Section 7, including preliminary versions (clearly marked) e. All Advance Planning Documents as specified in Section 7.1.5 3. In addition to items specified above under item 2 the contractor shall, no less than one-hundred twenty (120) days prior to termination of the contractor, provide the SRST WIC Program/NATIONS with all records required to assure continued delivery of services to NATIONS WIC participants. 4. The contractor shall also make available to the SRST WIC Program/NATIONS any records which are held after the completion of a final accounting as provided for in the contract. 5. The contractor will assist in the transition to a new contractor. This includes, but is not limited to, providing staff to explain operations and computer programs, as well as other information contained in this RFP.
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11.43
CONTRACTUAL DUTIES OF NATIONS 1. General Duties The Ute Mountain Ute Tribe (UMUT) WIC Program is responsible for overseeing and supervision of the NATIONS WIC MIS/EBT Project Manager. Thus, Ute Mountain WIC in executing the contract will: a. Maintain an adequate administrative organizational structure of sufficient size, scope, and authority for the contractor to discharge its contractual obligations. b. Notify the contractor, in writing, of individuals authorized, including their respective scopes of authority, to act on behalf of NATIONS. c. Provide supervision of the Project Manager, including verification of adherence to contractor obligations and operating performance. Reports of performance evaluations may be furnished to the contractor for comment and a NATIONS Statement of corrective action, if applicable. d. Issue, in writing and in a timely manner, all policy determinations and operating guidelines that the contractor may, from time to time, request in order to properly perform its obligations. The contractor shall be entitled to rely upon and act in accordance with such policy determinations and operating guidelines and shall incur no liability for doing so. e. Conduct meetings with the contractor to discuss WIC Program and NATIONS Project changes, policy decisions, any discrepancies in the performance of either party hereto which the other considers material, and specific agenda items proposed by either NATIONS or the contractor. f. Provide the contractor with all copies of current administrative regulations applicable to the performance of the contractor's duties and all additional regulations that may be promulgated from time to time during the term of the contract. g. Provide timely notification to the contractor of all changes in federal and Tribal laws, rules or regulations, or the judicial interpretation of any such laws, rules, or regulations which can be reasonably expected to have an impact on the performance of this contract. h. Maintain adequate liaison and cooperation with the contractor including providing timely management decisions and approvals of specifications, forms and procedures, to enable the contractor to properly perform its duties under this contract.
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11.44
DUTIES OF THE CONTRACTOR(S) 1.
General Duties The contractor(s) will provide the services set forth in the contracts that are in accordance with the highest professional standards. a. Employment The contractor(s) will not engage the services of any person or persons now employed by the Standing Rock Sioux Tribe nor, any of the WIC Tribal Agencies represented in NATIONS, including any department, commission or board thereof, without the written consent of the employer of such person or persons and of NATIONS. b. Dual Employment The contractor agrees to adhere to the terms of this contract that prohibits an individual, who is an employee of any of the tribes represented by NATIONS, or who is retained as a consultant full-time by NATIONS, from being retained as a consultant where the individual receives more than $5,000.00 in compensation. This prohibition applies only to individuals and does not include corporations or partnerships. c. The Contractor's Qualifications to Do Business in NATIONS The contractor will, within seven days of execution of the contract, provide NATIONS with a written legal opinion which verifies that nothing in the contractor's corporate by-laws preclude the contractor from contracting with NATIONS for the services addressed by the contract and that the contractor is qualified under individual State Law to do business in all States represented by the NATIONS and, therefore, to perform the services required by the contract within NATIONS. Failure to provide such a legal opinion will, at the option of NATIONS render the contract null and void.
2.
Operational Duties The contractor agrees to perform all functions and duties as defined within this RFP.
3.
Other Duties a. No aspect of the contractor's duties shall be contingent upon NATIONS personnel or the availability of NATIONS resources with the exception of policy decisions, policy approvals, and exceptions stated in the contract or the
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RFP, and the normal cooperation which can be expected as a part of such a contractual relationship. b. The contractor agrees to submit to NATIONS in writing, within three (3) days, of the contractor's knowledge of any occurrence or circumstance which constitutes a threat to the successful completion of the contractor's duties and responsibilities as defined in this RFP and the contract. c. 11.45
FISCAL SAFEGUARDS 1.
Hold Harmless NATIONS and the contractor agree that the contractor is an independent contractor and not an employee of NATIONS or of any of the tribal entities represented by NATIONS. The contractor agrees to indemnify Standing Rock Sioux Tribe WIC Program and al tribal entities represented by NATIONS for any loss NATIONS may sustain when such losses result from claims of any person or organization injured by the negligent acts or omissions of the contractors, its officers, agents, employees, or subcontractors, from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, material men, laborers, and any other person, firm or corporation furnishing or supplying services, materials or supplies utilized by the contractor in connection with the performance of contractual obligations, and from all claims and losses accruing or resulting to any person, firm or corporation which may be injured or damaged by the contractor in the performance of its duties under the contract and against any liability, including costs and expenses, for violation of proprietary rights, copyrights, or rights of privacy, arising out of the publication, translation, reproduction, delivery, performance, use or disposition of any libelous or other unlawful matter contained in such data.
2.
Default If default is made by Standing Rock Sioux Tribe on behalf of NATIONS in the payment to the contractor of charges for the execution of contractual responsibilities, the subsequent acceptance of such past due charges by the contractor, or any of its duly authorized agents, shall fully reinstate the contract. The contractor shall not be considered to be in default of its obligations hereunder so long as it is prevented from performing such obligations by a catastrophic natural event or unforeseen circumstance.
3.
Non-Assignability Neither the benefits nor the burdens of the contract may be assigned or delegated by the contractor either in whole or in part without the written consent of NATIONS, except as identified by the contractor in its proposal.
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4.
Patent or Copyright Infringement a. The contractor will defend, at its expense, any claim or suit which may be brought against the Standing Rock Sioux Tribe WIC Program or any of the tribal entities represented in NATIONS of any equipment, materials or information prepared or developed in connection with the performance of the contract and in any suit the contractor will satisfy any final judgment for such infringement. NATIONS will give the contractor written notice of such claim or suit, and full right and opportunity to conduct the defense thereof, together with full information and all reasonable cooperation. b. If principles of governmental or public law are involved, the Standing Rock Sioux Tribe WIC Program working on behalf of NATIONS may participate in the defense of any such action, but no costs or expense shall be incurred against the contractor without the contractor's written consent. c. If, in the contractor's opinion, the equipment, materials, or information mentioned in paragraph a. above is likely to or does become the subject of a claim of infringement of a United States patent or copyright, without diminishing the contractors obligation to satisfy any final award, the contractor may, with NATIONS written consent, substitute other equally suitable equipment, materials and information, or at the contractors option and expense, obtain the right for NATION to continue the use of such equipment, materials, and information.
5.
Right to Publish The contractor will be allowed to write and have such writing published, provided the contractor obtains written approval from NATIONS before publishing writings on subjects associated with the work under this contract.
11.46
INDIAN PREFERENCE When evaluating BIDs, the Standing Rock Sioux Tribe may give preference to qualified Indian owned firms. Firms claiming Indian preference must be certified with the Standing Rock Tribal Employment Rights Office (TERO) and a copy of the certification must accompany the BID at the BID opening. For additional information regarding Indian preference, please contact the TERO office at (701) 854-7295.
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ATTACHMENT 1 Roles and Responsibilities of the NATIONS Fiscal and Project Lead Agencies
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Roles and Responsibilities of the NATIONS Fiscal and Project Lead Agencies
NATIONS will utilize the concept of “lead state” to facilitate administration, communication, procurement, and contracting. This function will be divided between two agencies, one acting as the Project Lead Agency and the other acting as the Fiscal Lead Agency. Ute Mountain Ute Tribe WIC Program has been selected to act as the Project Lead Agency. Standing Rock Sioux Tribe WIC Program has been selected to perform the function of Fiscal Lead Agency and will contract with the successful proposer. All ten ITOs will be “meaningful participants” in the project and fulfill their responsibilities as defined by a Letter of Agreement and Charter between the WIC tribal agencies. A Steering Committee is the decision-making body and is committed to meeting deadlines, reviewing documents, and providing input. Each of the MP-ITOs will be represented on the Steering Committee. NATIONS Project Lead Agency Role – Ute Mountain Ute Tribe WIC Program The following is a list of the primary functions that the Ute Mountain Ute Tribe WIC Program will provide as the lead project agency:
1. Coordinate the evaluation process. Each of the 10 ITOS (Cheyenne River Sioux; Eastern Shoshone; Northern Arapaho: Omaha Nation; Rosebud Sioux: Santee Sioux: Standing Rock Sioux: Three Affiliated Tribes: Ute Mountain Ute: and Winnebago Tribes) will have a representative on the evaluation committee. 2. Maintain official documents, such as project records, logs, deliverables, and invoices; and distribute document to NATIONS members. 3. Act as point of contact with FNS to communicate project information, including routine status reports, and updates to project documents as needed. 4. As a conduit for the Steering Committee, act as point of official communication with contractor(s) such as written acceptance of deliverables, written go/no-go decision points made by the Steering Committee, and notification of performance issues. 5. Provide space and facilities for contractor(s) as appropriate. NATIONS Fiscal Lead Agency Role – Standing Rock Sioux Tribe WIC Program The following is a list of the primary functions that Standing Rock Sioux Tribe WIC Program will provide as the lead fiscal state: 1. 2. 3. 4. 5. 6.
Release RFP(s) on behalf of the NATIONS . Accept proposals from prospective contractors. Field inquiries and questions from bidders. Coordinate and distribute written responses to bidder questions. Oversee correct and legal handling of bids and bid-opening process. Notify bidders of selection.
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7. Coordinate contract negotiations and contract with successful proposer. . 8. Enter into Letter of Agreement with participating ITOs to accept funding from USDA. 9. Pay contractor invoices. 10. Receive additional funding, as needed, to support additional NATIONS responsibilities.
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ATTACHMENT 2 U.S. DEPARTMENT OF AGRICULTURE Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions
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U.S. DEPARTMENT OF AGRICULTURE Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989 Federal Register (pages 47224733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Organization Name PR/Award Number or Project Name
Name(s) and Title(s) of Authorized Representative(s) Date
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Signature(s)
ATTACHMENT 3 Standard Procurement Clauses
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Equal Employment Opportunity Executive Order 11246, entitled “Equal Employment Opportunity”, as amended by Executive Order 11375, and as supplemented by the Department of Labor Regulations (41 CFR Part 60): The Executive Order prohibits federal contractors and federally-assisted construction contractors and subcontractors who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. The Executive Order also requires Government contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.
Clean Air Act The Clean Air Act, Section 306 stipulates: a. No Federal agency may enter into any contract with any person who is convicted of any offense under section 113(c) for the procurement of goods, materials, and services to perform such contract at any facility at which the violation which gave rise to such conviction occurred if such facility is owned, leased, or supervised by such person. The prohibition in the preceding sentence shall continue until the Administrator certifies that the condition giving rise to such a conviction has been corrected. For convictions arising under section 113(c)(2), the condition giving rise to the conviction also shall be considered to include any substantive violation of this Act associated with the violation of 113(c)(2). The Administrator may extend this prohibition to other facilities owned or operated by the convicted person. b. The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a). c. In order to implement the purposes and policy of this Act to protect and enhance the quality of the Nation's air, the President shall, not more than 180 days after enactment of the Clean Air Amendments of 1970 cause to be issued an order (1) requiring each Federal agency authorized to enter into contracts and each Federal agency which is empowered to extend Federal assistance by way of grant, loan, or contract to effectuate the purpose and policy of this Act in such contracting or assistance activities, and (2) setting forth procedures, sanctions, penalties, and such other provisions, as the President determines necessary to carry out such requirement. d. The President may exempt any contract, loan, or grant from all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption. The President shall annually report to the Congress on measures taken toward implementing the purpose and intent of this section, including but not limited to the progress and problems associated with implementation of this section. [42 U.S.C. 7606] e. The President shall annually report to the Congress on measures taken toward implementing the purpose and intent of this section, including but not limited to the progress and problems associated with implementation of this section. [42 U.S.C. 7606]
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Clean Water Act The Clean Water Act, Section 309 stipulates: a. No Federal agency may enter into any contract with any person who has been convicted of any offense under Section 309(c) of this Act for the procurement of goods, materials, and services if such contract is to be performed at any facility at which the violation which gave rise to such conviction occurred, and if such facility is owned, leased, or supervised by such person. The prohibition in preceding sentence shall continue until the Administrator certifies that the condition giving rise to such conviction has been corrected. b. The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a) of this section. c. In order to implement the purposes and policy of this Act to protect and enhance the quality of the Nation’s water, the President shall, not more than 180 days after the enactment of this Act, cause to be issued an order: requiring each Federal agency authorized to enter into contracts and each Federal agency which is empowered to extend Federal assistance by way of grant, loan, or contract to effectuate the purpose and policy of this Act in such contracting or assistance activities, and setting forth procedures, sanctions, penalties, and such other provisions, as the President determines necessary to carry out such requirement. d. The President may exempt any contract, loan, or grant from all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption. e. The President shall annually report to the Congress on measures taken in compliance with the purpose and intent of this section, including, but not limited to, the progress and problems associated with such compliance. f. (1) No certification by a contractor, and no contract clause, may be required in the case of a contract for the acquisition of commercial items in order to implement a prohibition or requirement of this section or a prohibition or requirement issued in the implementation of this section. (2) In paragraph (1), the term “commercial item” has the meaning given such term in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).
Anti-Lobbying Act The Anti-Lobbying Act prohibits the recipients of Federal contracts, grants, and loans from using appropriated funds for lobbying the Executive or Legislative branches of the Federal government in connection with a specific contract, grant, or loan. As required by Section 1352, Title 31 of the U.S. Code and implemented at 34 CFR Part 82 for persons entering into a grant or cooperative agreement over $100,000, as defined at 34 CFR Part 82, Section 82.105 and 82.110, the applicant certifies that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of
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any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Confess in connection with this federal grantor o cooperative agreement, the undersigned shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; c. The undersigned shall require that the language of this certification be include in the award documents for all sub-awards at all tiers (including sub-grants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly.
Americans with Disabilities Act This Act (28 CFR Part 35, Title II, Subtitle A) prohibits discrimination on the basis of disability in all services, programs, and activities provided to the public and State and local governments, except public transportation services.
Drug-Free Workplace Statement The Federal government implemented the Drug Free Workplace Act of 1988 in an attempt to address the problems of drug abuse on the job. It is a fact that employees who use drugs have less productivity, a lower quality of work, and a higher absenteeism, and are more likely to misappropriate funds or services. From this perspective, the drug abuser may endanger other employees, the public at large, or themselves. Damage to property, whether owned by this entity or not, could result from drug abuse on the job. All these actions might undermine public confidence in the services this entity provides. Therefore, in order to remain a responsible source for government contracts, the following guidelines have been adopted: a. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the work place. b. Violators may be terminated or requested to seek counseling from an approved rehabilitation service. c. Employees must notify their employer of any conviction of a criminal drug statue no later than five days after such conviction. d. Although alcohol is not a controlled substance, it is nonetheless a drug. It is the policy of the Arkansas Department of Health WIC Program that abuse of this drug will also not be tolerated in the workplace. e. Contractors of federal agencies are required to certify that they will provide drug-free workplaces for their employees.
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Transactions subject to the suspension/debarment rules (covered transactions) include grants, subgrants, cooperative agreements, and prime contracts under such awards. Subcontracts are not included. Also, the dollar threshold for covered procurement contracts is $25,000. Contracts for Federally required audit services are covered regardless of dollar amount.
Debarment and Suspension As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR Part 85, for prospective participants in primary covered transactions, as defined at 34 CFR Part 85, Sections 85.105 and 85.110. a. The applicant certifies that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and Have not within a three-year period preceding this application had one or more public transactions (federal, state, or local) terminated for cause or default. b. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
Royalty-Free Rights to Use Software or Documentation Developed The federal government reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for federal government purposes, the copyright in any work developed under a grant, sub-grant, or contract under a grant or sub-grant or any rights of copyright to which a contractor purchases ownership.
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