State of Utah
Bid VB15056
5
Solicitation VB15056
EMS NEMSiS Data System
Bid designation: Public
State of Utah
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State of Utah
Bid VB15056
5
Bid VB15056 EMS NEMSiS Data System Bid Number
VB15056
Bid Title
EMS NEMSiS Data System
Bid Start Date
Jan 13, 2015 2:35:15 PM MST
Bid End Date
Jan 27, 2015 12:00:00 PM MST
Question & Answer End Date
Jan 19, 2015 12:00:00 PM MST
Bid Contact
Vinessa Baldwin Purchasing Services Administrative Services
[email protected]
Contract Duration 5 years Contract Renewal Not Applicable Prices Good for
5 years
Bid Comments
ALL questions concerning this solicitation must be submitted through the BidSync system. Only answers issued through the BidSync system or issued via an authorized and properly issued addendum shall be the official position of the State. Any modification to this procurement effort shall be made by addendum issued by the State Division of Purchasing. Only authorized and properly issued addenda shall constitute the official position of the State and shall be binding. Anyone submitting a response to this solicitation, with basis in or other communication or information received from sources other than through official addendum, assumes full risk including the possibility of a determination of non-responsiveness and may be rejected at the sole discretion of the State. Responses submitted in BidSync are completely secure. NO ONE can see them until after the solicitation deadline. Therefore you do not have to wait until the last minute to submit; and you may change your submission any time until the solicitation closes. If you have not completed the submission by the deadline, BidSync will reject your submission. Please plan well. Please enumerate all costs on the attached Cost Proposal Forms. Please do not include any reference to costs in the actual proposal response. --------------------------------------Exceptions to the Standard Terms and Conditions MUST be submitted with the proposal response. Exceptions submitted after the date and time for receipt of proposals will NOT be considered. The State retains the right to refuse to negotiate on exceptions should the exceptions be excessive, not in the best interest of the State, could result in excessive costs to the state, or could adversely impact existing time constraints. In a multiple award situation, the State reserves the right to negotiate exceptions to terms and conditions based on the offer with the least to the most exceptions taken. Contracts may become effective as negotiations are completed --------------------------------------If you have any trouble submitting your response or attaching documents in the BidSync System, please contact Vendor Customer Support at (801) 765-9245. Item Response Form
Item
VB15056--01-01 - EMS NEMSiS Data System
Quantity
1 each
Prices are not requested for this item. Delivery Location State of Utah No Location Specified Qty 1
Description *See cost sheet
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State of Utah
Bid VB15056
5
STATE OF UTAH
SOLICITATION NO. VB15056 EMS NEMSiS Data System
RESPONSES DUE NO LATER THAN:
Jan 27, 2015 12:00:00 PM MST
RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO: www.bidsync.com RESPONSES MAY BE MAILED OR DELIVERED TO: State of Utah Division of Purchasing 3150 State Office Building, Capitol Hill Salt Lake City, Utah 84114-1061
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State of Utah
Bid VB15056
5
State of Utah Request for Proposal
Legal Company Name (include d/b/a if applicable)
Federal Tax Identification
State of Utah Sales Tax ID
Number
Number
Ordering Address
City
State
Zip Code
Remittance Address (if different from ordering address)
City
State
Zip Code
Company Contact Person Type
Corporation
Partnership
Proprietorship
Government
Telephone Number (include area code)
Fax Number (include area code)
Company=s Internet Web Address
Email Address
Discount Terms (for bid purposes, bid discounts less than
Days Required for Delivery After Receipt of Order (see
30 days will not be considered)
attached for any required minimums)
Offeror=s Authorized Representative=s Signature
Date
Type or Print Name
Position or Title
NOTICE When submitting a response (proposal, quote or bid) electronically through BidSync, it is the sole responsibility of the supplier to ensure that the response is received by BidSync prior to the closing date and time. Each of the following steps in BidSync MUST be completed in order to place an offer: 1/13/2015 2:37 PM A. Login to www.bidsync.com;
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State of Utah
Bid VB15056
NOTICE When submitting a response (proposal, quote or bid) electronically through BidSync, it is the sole responsibility of the supplier to ensure that the response is received by BidSync prior to the closing date and time. Each of the following steps in BidSync MUST be completed in order to place an offer: A. Login to www.bidsync.com; B. Locate the bid (solicitation) to which you are responding; a. Click the “Search” tab on the top left of the page; b. Enter keyword or bid (solicitation) number and click “Search”; C. Click on the “Bid title/description” to open the Bid (solicitation) Information Page; D. “View and Accept” all documents in the document section; E. Select “Place Offer” found at the bottom of the page; F. Enter your pricing, notes, other required information and upload attachments to this page; G. Click “Submit” at the bottom of the page; H. Review Offer(s); and I. Enter your password and click “Confirm”. Note that the final step in submitting a response involves the supplier’s acknowledgement that the information and documents entered into the BidSync system are accurate and represent the supplier’s actual proposal, quote or bid. This acknowledgement is registered in BidSync when the supplier clicks “Confirm”. BidSync will post a notice that the offer has been received. This notice from BidSync MUST be recorded prior to the closing date and time or the response will be considered late and will not be accepted. Be aware that entering information and uploading documents into BidSync may take considerable time. Please allow sufficient time to complete the online forms and upload documents. Suppliers should not wait until the last minute to submit a response. It is recommended that suppliers submit responses a minimum of 24 hours prior to the closing deadline. The deadline for submitting information and documents will end at the closing time indicated in the solicitation. All information and documents must be fully entered, uploaded, acknowledged (Confirm) and recorded into BidSync before the closing time or the system will stop the process and the response will be considered late and will not be accepted. Responses submitted in BidSync are completely secure. No one (including state purchasing staff) can see responses until after the deadline. Suppliers may modify or change their response at any time prior to the closing deadline. However, all modifications or changes must be completed and acknowledged (Confirm) in the BidSync system prior to the deadline. BidSync will post a notice that the modification/change (new offer) has been received. This notice from BidSync MUST be recorded prior to the closing date and time or the response will be considered late and will not be accepted. Utah Code 46-4-402(2) Unless otherwise agreed between a sender (supplier) and the recipient (State Purchasing), an electronic record is received when: (a) it enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and (b) it is in a form capable of being processed by that system. REQUEST FOR PROPOSAL - INSTRUCTIONS AND GENERAL PROVISIONS 1. SUBMITTING THE PROPOSAL: (a) The Utah Division of Purchasing and General Services (DIVISION) prefers that proposals be submitted electronically. Electronic proposals may be submitted through a secure mailbox at BidSync (formerly RFP Depot, LLC) ( www.bidsync.com) until the date and time as indicated in this document. It is the sole responsibility of the supplier to ensure their proposal reaches BidSync before the closing date and time. There is no cost to the supplier to submit Utah’s electronic proposals via BidSync. (b) Electronic proposals may require the uploading of electronic attachments. The submission of attachments containing embedded documents is prohibited. All documents should be attached as separate files. (c) If the supplier chooses to submit the proposal directly to the DIVISION in writing: The proposal must be signed in ink, sealed, and delivered to the Division of Purchasing, 3150 State Office Building, Capitol Hill, Salt Lake City, UT 84114-1061 by the "Due Date and Time.” The "Solicitation Number" and "Due Date" must appear on the outside of the envelope. All prices and notations must be in ink or typewritten. Each item must be priced separately. Unit price shall be 1/13/2015 2:37 PM shown and a total price shall be entered for each item offered. Errors may be crossed out and corrections printed in ink or
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for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve State of Utah Bid VB15056 the electronic record; and (b) it is in a form capable of being processed by that system. REQUEST FOR PROPOSAL - INSTRUCTIONS AND GENERAL PROVISIONS 1. SUBMITTING THE PROPOSAL: (a) The Utah Division of Purchasing and General Services (DIVISION) prefers that proposals be submitted electronically. Electronic proposals may be submitted through a secure mailbox at BidSync (formerly RFP Depot, LLC) ( www.bidsync.com) until the date and time as indicated in this document. It is the sole responsibility of the supplier to ensure their proposal reaches BidSync before the closing date and time. There is no cost to the supplier to submit Utah’s electronic proposals via BidSync. (b) Electronic proposals may require the uploading of electronic attachments. The submission of attachments containing embedded documents is prohibited. All documents should be attached as separate files. (c) If the supplier chooses to submit the proposal directly to the DIVISION in writing: The proposal must be signed in ink, sealed, and delivered to the Division of Purchasing, 3150 State Office Building, Capitol Hill, Salt Lake City, UT 84114-1061 by the "Due Date and Time.” The "Solicitation Number" and "Due Date" must appear on the outside of the envelope. All prices and notations must be in ink or typewritten. Each item must be priced separately. Unit price shall be shown and a total price shall be entered for each item offered. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing offer. Unit price will govern, if there is an error in the extension. Written offers will be considered only if it is submitted on the forms provided by the DIVISION. (d) Proposals, modifications, or corrections received after the closing time on the "Due Date" will be considered late and handled in accordance with the Utah Procurement Rules, section R33-3-209. (e) Facsimile transmission of proposals to DIVISION will not be considered. 2. PROPOSAL PREPARATION: (a) Delivery time of products and services is critical and must be adhered to as specified. (b) Wherever in this document an item is defined by using a trade name of a manufacturer and/or model number, it is intended that the words, "or equivalent" apply. "Or equivalent" means any other brand that is equal in use, quality, economy and performance to the brand listed as determined by the DIVISION. If the supplier lists a trade name and/or catalog number in the offer, the DIVISION will assume the item meets the specifications unless the offer clearly states it is an alternate, and describes specifically how it differs from the item specified. All offers must include complete manufacturer=s descriptive literature if quoting an equivalent product. All products are to be of new, unused condition, unless otherwise requested in this solicitation. (c) Incomplete proposals may be rejected. (d) Where applicable, all proposals must include complete manufacturer=s descriptive literature. (e) By submitting the proposal the offeror certifies that all of the information provided is accurate, that they are willing and able to furnish the item(s) specified, and that prices offered are correct. (f) This proposal may not be withdrawn for a period of 60 days from the due date. 3. FREIGHT COST: Suppliers are to provide line item pricing FOB Destination Freight Prepaid. Unless otherwise indicated on the contract/purchase order, shipping terms will be FOB Destination Freight Prepaid. 4. SOLICITATION AMENDMENTS: All changes to this solicitation will be made through written addendum only. Answers to questions submitted through BidSync shall be considered addenda to the solicitation documents. Bidders are cautioned not to consider verbal modifications. 5. PROTECTED INFORMATION: Suppliers are required to mark any specific information contained in their offer which they are claiming as protected and not to be disclosed to the public or used for purposes other than the evaluation of the offer. Each request for non-disclosure must be made by completing the “Confidentiality Claim Form” located at: http://www.purchasing.utah.gov/contract/documents/confidentialityclaimform.doc with a specific justification explaining why the information is to be protected. Pricing and service elements of any proposal will not be considered proprietary. All material becomes the property of the DIVISION and may be returned only at the DIVISION 's option. 6. BEST AND FINAL OFFERS: Discussions may be conducted with offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of assuring full understanding of, and responsiveness to, solicitation requirements. Prior to award, these offerors may be asked to submit best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by a competing offeror. 7. SAMPLES: Samples of item(s) specified in this offer, brochures, etc., when required by the DIVISION, must be furnished free of expense to the DIVISION. Any item not destroyed by tests may, upon request made at the time the sample is furnished, be returned at the offeror's expense. 8. AWARD OF CONTRACT: (a) The contract will be awarded with reasonable promptness, by written notice, to the responsible offeror whose proposal is determined to be the most advantageous to the DIVISION, taking into consideration price and evaluation factors set forth in the RFP. No other factors or criteria will be used in the evaluation. The contract file shall contain the basis on which the award is made. Refer to Utah Code Annotated 65-56-408. (b) The DIVISION may accept any item or group of items, or overall best offer. The DIVISION can reject any or all proposals, and it can waive any informality, or technicality in any proposal received, if the DIVISION believes it would serve the best interests of the DIVISION. (c) Before, or after, the award of a contract the DIVISION has the right to inspect the offeror's premises and all business records to determine the offeror's ability to meet contract requirements. (d) The DIVISION will open proposals publicly, identifying only the names of the offerors. During the evaluation process, proposals will be seen only by authorized DIVISION staff and those selected by DIVISION to evaluate the proposals. Following the award decision, all proposals become public information except for protected information (see number 5 above). A register of proposals and contract awards are posted at http://purchasing.utah.gov/vendor/bidtab.html. (e) Estimated quantities are for bidding purposes only, and not to be interpreted as a guarantee to purchase any amount. (f) Multiple contracts may be awarded if the DIVISION determines it would be in its 1/13/2015 2:37 PM best interest.
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the names of the offerors. During the evaluation process, proposals will be seen only by authorized DIVISION staff and those selected by DIVISION to evaluate the proposals. Following the award decision, all proposals become public information except State of Utah Bid VB15056 for protected information (see number 5 above). A register of proposals and contract awards are posted at http://purchasing.utah.gov/vendor/bidtab.html. (e) Estimated quantities are for bidding purposes only, and not to be interpreted as a guarantee to purchase any amount. (f) Multiple contracts may be awarded if the DIVISION determines it would be in its best interest. 9. DEBRIEFING OF UNSUCCESSFUL OFFERORS: The State does not conduct debriefings. 10. DIVISION APPROVAL: Contracts written with the State of Utah, as a result of this proposal, will not be legally binding without the written approval of the Director of the DIVISION. 11. DEBARMENT: The CONTRACTOR certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency. If the CONTRACTOR cannot certify this statement, attach a written explanation for review by the DIVISION. 12. ENERGY CONSERVATION AND RECYCLED PRODUCTS: The contractor is encouraged to offer Energy Star certified products or products that meet FEMP (Federal Energy Management Program) standards for energy consumption. The State of Utah also encourages contractors to offer products that are produced with recycled materials, where appropriate, unless otherwise requested in this solicitation. 13. GOVERNING LAWS AND REGULATIONS: All State purchases are subject to the Utah Procurement Code, Title 63 Chapter 56 U.C.A. 1953, as amended, and the Procurement Rules as adopted by the Utah State Procurement Policy Board. These are available on the Internet at www.purchasing.utah.gov. By submitting a bid or offer, the bidder/offeror warrants that the bidder/offeror and any and all supplies, services equipment, and construction purchased by the State shall comply fully with all applicable Federal and State laws and regulations, including applicable licensure and certification requirements. 14. SALES TAX ID NUMBER: Utah Code Annotated (UCA) 59-12-106 requires anyone filing a bid with the state for the sale of tangible personal property or any other taxable transaction under UCA 59-12-103(1) to include their Utah sales tax license number with their bid. For information regarding a Utah sales tax license see the Utah State Tax Commission’s website at www.tax.utah.gov/sales. The Tax Commission is located at 210 North 1950 West, Salt Lake City, UT 84134, and can be reached by phone at (801) 297-2200. (Revision Date: 05 August 2014 - RFP Instructions)
6
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State of Utah
Bid VB15056
Attachment B Cost Sheet SOLICITATION NUMBER - EMS Data System Total 5-year cost not to exceed $1,190,230.00
Not to Exceed Total Cost for Project
$________________
Total Cost must reflect all line item detail for Years 1 -5 identified below: NOTE: Total Cost Amount will be used to calculate cost points
Year 1 Year 1 total may not exceed $285,000 License & Certification Management License (1st installment) Implementation Costs including but not limited to: Project Management Payment gateway integration National Registry integration Legacy data conversion (.csv file) Required integrations and automation points Required reports On-site Administrative Training On-site Group User Training Travel Costs Hosting Travel Costs Support Fees Sub-Total Pre-hospital License (1st installment) Data Warehouse Security and Permissions Module NEMSIS v3 data set NEMSIS v2 data set NEMSIS XML data port Import and Export Web-based data collection (v3) Report Writer Implementation Costs (1st installment) Project Management On-site Administrative Training On-site Group User Training Travel Costs Legacy data conversion (NEMSIS v2.x and v3.x) Required integrations and automation points Required reports Data Mining (EMS Cube) Hospital Hub Setup and Access Fee Hosting Support Fees Sub-Total Trauma Registry License (1st installment) Data Warehouse Security and Permissions Module Import and Export Web-based data collection TQIP, PI and Complications Module EMS lookup, trip reports integration ICD-10 Upgrade Report Writer Implementation Costs (1st installment) Project Management On-site Administrative Training Travel Costs Legacy data conversion Required integrations and automation points Required reports Data Mining (trauma cube) On-site Administrative Training On-site Group User Training Travel Costs Hosting Support Fees Miscellaneous items not included in line items above Year One Total Cost
$
-
Year 2 Year 2 Total may not to exceed $319,000.00
Year 3 Year 3 Total may not to exceed $319,000.00
Year 4 Year 4 Total not to exceed $244,290.00
Year 5 Year 5 Total may not to exceed $244,290.00
License & Certification Management License (2nd installment) Implementation Costs (2nd installment)
License & Certification Management License (3rd installment) Implementation Costs (3rd installment)
License & Certification Management License (4th installment, if necessary) Implementation Costs (4th installment, if necessary)
License & Certification Management License (5th installment, if necessary) Implementation Costs (5th installment, if necessary)
-
Hosting Support Fees Sub-Total
-
Hosting Support Fees Sub-Total
$
-
$
-
Pre-hospital License (4th installment, if necessary)
-
Pre-hospital License (5th installment, if necessary)
$
-
$
-
Hosting Support Fees Sub-Total Pre-hospital License (2nd installment)
$
-
$
-
Implementation Costs (2nd installment) Hosting Travel Costs Support Fees Sub-Total Trauma Registry License (2nd installment) Implementation Costs (2nd installment) Hosting Support Fees Sub-Total Year 2 Total Cost
$
-
$
-
$
-
$
-
$ $ $
-
-
Hosting Support Fees Sub-Total
$
-
Pre-hospital License (3rd installment)
$
-
$
Implementation Costs (3rd installment) Hosting Travel Costs Support Fees Sub-Total
$
-
$
-
$ $
-
$
-
Trauma Registry License (3rd installment) Implementation Costs (3rd installment) Hosting Support Fees Sub-Total
$
-
Year 3 Total Cost
$
$
$
Implementation Costs (4th installment, if necessary) $ Hosting Travel Costs $ Support Fees Sub-Total $ -
Implementation Costs (5th installment, if necessary) $ Hosting Travel Costs $ Support Fees Sub-Total $ Trauma Registry License (5th installment, if necessary) $ Implementation Costs (5th installment, if necessary) $ Hosting Support Fees Sub-Total $ Year 5 Total Cost
$
-
$
-
$ $
-
$
-
Trauma Registry License (4th installment, if necessary) $ Implementation Costs (4th installment, if necessary) $ Hosting Support Fees Sub-Total $ -
$
-
Year 4 Total Cost
$
-
$
-
cost not to exceed: Third Year Cost including integration, implementation, training, travel, configuration, maintenance, etc. cost not to exceed:
Fourth Year Cost including integration, implementation, training, travel, configuration, maintenance, etc. cost not to exceed:
Fifth Year Cost including integration, implementation, training, travel, configuration, maintenance, etc. cost not to exceed:
TOTAL COST OF PROJECT NOT TO EXCEED
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State of Utah
Bid VB15056
5
ATTACHMENT A: STATE OF UTAH STANDARD INFORMATION TECHNOLOGY TERMS AND CONDITIONS (FOR DTS RELATED CONTRACTS ONLY) This is for a contract of information technology products and services meaning all computerized and auxiliary automated information handling, including: (a) systems design and analysis; (b) acquisition, storage, and conversion of data; (c) computer programming; (d) information storage and retrieval; (e) voice, radio, video, and data communications; (f) requisite systems controls; (g) simulation; and (h) all related interactions between people and machines. This Attachment A may only be used by the Department of Technology Services. 1. DEFINITIONS: a.
“Access to Secure State Facilities, Data, and Technology ” means Contractor will (A) enter upon secure premises controlled, held, leased, or occupied by DTS or the State of Utah; (B) maintain, develop, or have access to any deployed hardware, software, firmware, or any other technology, that is in use by DTS or the State of Utah; or (C) have access to or receive any State Data or Confidential Information during the course of performing this Contract.
b.
“Authorized Persons” means the Contractor’s employees, officers, partners, Subcontractors or other agents of Contractor who need to access State Data to enable the Contractor to perform its responsibilities under this Contract.
c.
“Confidential Information ” means information that is deemed as confidential under applicable record laws. DTS reserves the right to identify, during and after the Contract Period, additional reasonable types of categories of information that must be kept confidential under federal and state laws by Contractor.
d.
“Contract” means the Contract Signature Page(s), including all referenced attachments and documents incorporated by reference. This Contract may include any purchase orders that result from the parties entering into this Contract.
e. “Contract Period” means the length of this Contract, as set forth in the Solicitation and Contract Signature Page (s). f. g.
“Contract Signature Page(s)” means the cover page that DTS and Contractor sign. “Contractor” means the individual or entity delivering the Goods, Custom Deliverables, or performing the Services identified in this Contract. The term “Contractor” shall include Contractor ’s agents, officers, employees, partners, and/or any other person or entity for which Contractor may be liable under federal, state, or local laws.
h. “Custom Deliverable” means the Work Product that Contractor is required to deliver to DTS under this Contract. i.
“Data Breach” means the unauthorized access by a non -authorized person(s) which results in unauthorized acquisition of State Data and compromises the security, confidentiality, or integrity of State Data. It is within DTS’s sole discretion to determine whether the unauthorized access is a Security Incident or a Data Breach.
j.
“DTS” means the Department of Technology Services, as identified on the Contract Signature Page(s).
k.
“Federal Criminal Background Check” means an in depth background check conducted and processed by the FBI that covers all states. Federal Criminal Background Check reports will show if applicant has had any criminal cases filed against them that violated federal criminal law.
l.
“Good” means any deliverable not classified as a Custom Deliverable or Service that Contractor is required to deliver to DTS under this Contract.
m. “Non-Public Data” means data, other than personal data, that is not subject to distribution to the public as public information. It is deemed to be sensitive and confidential by the State of Utah and the federal government because it contains information that is exempt by state, federal and local statutes, ordinances, or administrative rules from access by the general public as public information. n.
“Personal Data ” means data that includes information relating to a person that identifies the person by a person ’s first name or first initial and last name and has any of the following personally identifiable information (PII): government-issued identification numbers (e.g., Social Security, driver ’s license, passport); financial account information; including account number, credit or debit card numbers; or protected health information (PHI) relating to a person.
o. “Proposal ” means Contractor’s response documents, including attachments, to DTS’s Solicitation. p. “Protected Health Information” (PHI) means individually identifiable health information transmitted by electronic media, maintained in electronic media, or transmitted or maintained in any other form or medium. PHI 1/13/2015 2:37 PM excludes education records covered by the Family Educational Rights and Privacy Act (FERPA), as amended, 20 U.S.C. 1232g, records described at 20 U.S.C. 1232g(a)(4)(B)(iv) and employment records held by a
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information (PHI) relating to a person. State of Utah
o. “Proposal ” means Contractor’s response documents, including attachments, to DTS’s Solicitation.
Bid VB15056
p. “Protected Health Information” (PHI) means individually identifiable health information transmitted by electronic media, maintained in electronic media, or transmitted or maintained in any other form or medium. PHI excludes education records covered by the Family Educational Rights and Privacy Act (FERPA), as amended, 20 U.S.C. 1232g, records described at 20 U.S.C. 1232g(a)(4)(B)(iv) and employment records held by a covered entity in its role as employer.
2.
q.
“Security Incident” means the potentially unauthorized access by non -authorized persons to State Data that Contractor believes could reasonably result in the use, disclosure or theft of State Data within the possession or control of the Contractor. A Security Incident may or may not turn into a Data Breach. It is within DTS’s sole discretion to determine whether the unauthorized access is a Security Incident or a Data Breach.
r.
“Services” means the furnishing of labor, time, or effort by Contractor as set forth in this Contract, including but not limited to installation, configuration, implementation, technical support, warranty maintenance, and other support services.
s.
“Solicitation ” means the documents used by DTS to solicit Contractor ’s Proposal for the Goods, Custom Deliverables, or Services identified in this Contract.
t.
“State Data ” means all Confidential Information, Non -Public Data, Personal Data, and Protected Health Information that is created or in any way originating with the State of Utah whether such data or output is stored on the State of Utah ’s hardware, Contractor ’s hardware, or exists in any system owned, maintained or otherwise controlled by the State of Utah or by the Contractor. State Data includes any federal data, that the State of Utah controls or maintains, that is protected under federal laws, statutes, and regulations.
u.
“State of Utah ” means the State of Utah, in its entirety, including its institutions, agencies, departments, divisions, authorities, and instrumentalities, boards, commissions, elected or appointed officers, employees, agents, and authorized volunteers.
v.
“Subcontractors ” means subcontractors or subconsultants, at any tier, that are under the direct or indirect control or responsibility of Contractor, and includes all independent contractors, agents, employees, or anyone else for whom the Contractor may be liable, at any tier, including a person or entity that is, or will be, providing or performing an essential aspect of this Contract, including Contractor ’s manufacturers, distributors, and suppliers.
w.
“Work Product ” means every invention, modification, discovery, design, development, customization, configuration, improvement, process, software program, work of authorship, documentation, formula, datum, technique, know how, secret, or intellectual property right whatsoever or any interest therein (whether patentable or not patentable or registerable under copyright or similar statutes or subject to analogous protection) that is specifically made, conceived, discovered, or reduced to practice by Contractor or Contractor’s Subcontractors (either alone or with others) pursuant to this Contract. Work Product shall be considered a work made for hire under federal, state, and local laws; and all interest and title shall be transferred to and owned by DTS. Notwithstanding anything in the immediately preceding sentence to the contrary, Work Product does not include any DTS intellectual property, Contractor’s intellectual property (that it owned or licensed prior to this Contract) or Third Party intellectual property.
AUTHORITY: Provisions of this Contract are pursuant to the authority set forth in 63G-6a, Utah Procurement Code, as amended, Utah State Procurement Rules ( Utah Administrative Code Section R33), and related statutes, including the Utah Technology Governance Act which permits DTS to purchase and acquire information technology products and services for the State of Utah.
3. CONTRACT JURISDICTION, CHOICE OF LAW, AND VENUE: This Contract shall be governed by the laws of the State of Utah. The parties will submit to the jurisdiction of the courts of the State of Utah for any dispute arising out of this Contract. Venue shall be in Salt Lake City, in the Third Judicial District Court for Salt Lake County. 4. LAWS AND REGULATIONS: Contractor, along with any Goods, Custom Deliverables, and Services furnished under this Contract, will comply fully with all applicable federal, state, and local laws, regulations, and orders, including applicable licensure and certification requirements. 5.
NO WAIVER OF SOVEREIGN IMMUNITY: In no event shall this Contract be considered a waiver by DTS or the State of Utah of any form of defense or immunity, whether sovereign immunity, governmental immunity, or any other immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. If a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for the District of Utah. This paragraph only applies to a claim brought against DTS or the State of Utah to the extent Congress has abrogated DTS’s or the State of Utah’s sovereign immunity and this paragraph is not consent by DTS or the State of Utah to be sued in federal court.
6. RECORDS ADMINISTRATION: Contractor shall maintain or supervise the maintenance of all records necessary to 1/13/2015 2:37 PM properly account for the payments made by DTS to Contractor under this Contract. These records shall be retained
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the United States District Court for the District of Utah. This paragraph only applies to a claim brought against DTS or the State of Utah to the extent Congress has abrogated StateDTS’s of Utahor the State of Utah’s sovereign immunity and this Bid VB15056 paragraph is not consent by DTS or the State of Utah to be sued in federal court. 6.
RECORDS ADMINISTRATION: Contractor shall maintain or supervise the maintenance of all records necessary to properly account for the payments made by DTS to Contractor under this Contract. These records shall be retained by Contractor for at least six (6) years after final payment or until all audits by DTS or the State of Utah initiated within the six (6) years have been completed, whichever is later. Contractor agrees to allow State of Utah auditors, federal auditors, and DTS staff access to all the payment records related to this Contract. Such access will be during normal business hours or by appointment.
7.
CERTIFY REGISTRATION AND USE OF EMPLOYMENT "STATUS VERIFICATION SYSTEM”: This Status Verification System, also referred to as “E-verify”, requirement only applies to contracts issued through a Request for Proposal process and to sole sources that are included within a Request for Proposal. 1. Status Verification System
(1) Contractor certifies as to its own entity, under penalty of perjury, that Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of Contractor’s new employees that are employed in the State of Utah in accordance with applicable immigration laws including Section 63G -12-302, Utah Code, as amended. (2) Contractor shall require that the following provision be placed in each subcontract at every tier: “The subcontractor shall certify to the main (prime or general) contractor by affidavit that the subcontractor has verified through the Status Verification System the employment status of each new employee of the respective subcontractor, all in accordance with applicable immigration laws including Section 63G -12-302, Utah Code, as amended, and to comply with all applicable employee status verification laws. Such affidavit must be provided prior to the notice to proceed for the subcontractor to perform the work.” (3) Manually or electronically signing this Contract is deemed Contractor ’s certification of compliance with all provisions of this employment status verification certification required by all applicable status verification laws including Section 63G-12-302, Utah Code, as amended. 2. Indemnity Clause for Status Verification System (1) Contractor shall protect, indemnify, and hold harmless DTS and the State of Utah, and anyone that the State of Utah may be liable for, against any claim, damages, or liability arising out of or resulting from violations of the above Status Verification System Section whether violated by employees, agents, or contractors of the following: (a) Contractor; (b) Subcontractor at any tier; and/or (c) any entity or person for whom the Contractor or Subcontractor may be liable. (2) Notwithstanding Section 1. above, Design Professionals or Designers under direct contract with DTS shall only be required to indemnify DTS and the State of Utah for a liability claim that arises out of the design professional's services, unless the liability claim arises from the Design Professional's negligent act, wrongful act, error or omission, or other liability imposed by law except that the design professional shall be required to indemnify DTS and the State of Utah in regard to subcontractors or subconsultants at any tier that are under the direct or indirect control or responsibility of the Design Professional, and includes all independent contractors, agents, employees or anyone else for whom the Design Professional may be liable at any tier. 8.
CONFLICT OF INTEREST: Contractor represents that none of its officers or employees are officers or employees of DTS or the State of Utah, unless disclosure has been made in accordance with 67 -16-8, Utah Public Officers’ and Employees Ethics Act of the Utah Code, as amended.
9. CONFLICT OF INTEREST WITH STATE EMPLOYEES: Contractor agrees to comply and cooperate in good faith will all conflict of interest and ethic laws, including Section 63G-6a-2404, Utah Procurement Code, as amended. 10. INDEPENDENT CONTRACTOR: Contractor shall be an independent contractor, and as such, shall have no authorization, express or implied, to bind DTS or the State of Utah to any agreements, settlements, liability, or understanding whatsoever, and agrees not to perform any acts as agent for DTS or the State of Utah, except as herein expressly set forth. Compensation shall be the total amount payable to Contractor by DTS. Contractor shall be responsible for the payment of all income tax and social security amounts due as a result of payments received from DTS under this Contract. 11. CONTRACTOR ACCESS TO SECURE STATE FACILITIES, STATE DATA, AND TECHNOLOGY: An employee of Contractor or a Subcontractor is required to complete a Federal Criminal Background Check, in accordance with DTS Policy 2000 -0014 Background Investigations, if said employee of Contractor or a Subcontractor will have Access to Secure State Facilities, State Data, and Technology. Contractor shall provide DTS with sufficient personal information (at Contractor ’s own expense) so that a Federal Criminal Background Check may be completed by DTS, at DTS’s expense. DTS will also provide Contractor with a Disclosure Form and Confidentiality Agreement which must be filled out by Contractor and returned to DTS. Additionally, each employee of Contractor 1/13/2015 2:37 PM or a Subcontractor, who will have Access to Secure State Facilities, State Data, and Technology, will be scheduled
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Contractor or a Subcontractor is required to complete a Federal Criminal Background Check, in accordance with DTS Policy 2000 -0014 Background Investigations, if said employee of Contractor or a Subcontractor will have of Utah Contractor shall provide DTS with sufficient Bid VB15056 Access to Secure State Facilities, State Data, and State Technology. personal information (at Contractor ’s own expense) so that a Federal Criminal Background Check may be completed by DTS, at DTS’s expense. DTS will also provide Contractor with a Disclosure Form and Confidentiality Agreement which must be filled out by Contractor and returned to DTS. Additionally, each employee of Contractor or a Subcontractor, who will have Access to Secure State Facilities, State Data, and Technology, will be scheduled by DTS to be fingerprinted, at a minimum of one week prior to having such access. At the time of fingerprinting, said employee of Contractor or a Subcontractor will disclose, in full, any past record of felony or misdemeanor convictions. DTS is authorized to conduct a Federal Criminal Background Check based upon the fingerprints and personal information provided. DTS will use this same information to complete a Name Check in the Utah Criminal Justice Information System (UCJIS) every two years and reserves the right to revoke Access to Secure State Facilities, Data, and Technology granted in the event of any negative results. Contractor agrees to notify DTS if an arrest or conviction of any employee of Contractor or a Subcontractor that has Access to Secure State Facilities, State Data and Technology occurs during the Contract Period. Contractor, in executing any duty or exercising any right under this Contract, shall not cause or permit any of its employees or employees of a Subcontractor (if any) who have been convicted of a felony or misdemeanor to have Access to Secure State Facilities, State Data, and Technology. A felony and misdemeanor are defined by the laws of the State of Utah, regardless of where the conviction occurred. Upon request, DTS agrees to provide Contractor with a copy of the latest version of the DTS Policy 2000-0014 Background Investigations. 12. DRUG-FREE WORKPLACE: Contractor agrees to abide by DTS’s drug-free workplace policies while on DTS’s or the State of Utah ’s premises. DTS will provide Contractor with a copy of these written drug -free workplace policies upon request. 13. CODE OF CONDUCT: If Contractor is working at facilities controlled or owned by DTS or the State of Utah, Contractor agrees to follow and enforce the applicable code of conduct. Contractor will assure that each employee or each employee of Subcontractor(s) under Contractor ’s supervision receives a copy of such code of conduct. Upon request, DTS agrees to provide Contractor with a copy of any applicable code of conduct. 14. INDEMNITY CLAUSE: To the fullest extent permitted by law, Contractor shall indemnify and hold harmless DTS and the State of Utah from and against every kind and character of claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from any act or omission in Contractor ’s performance under this Contract including the work of all employees of Contractor and Subcontractors, provided that any such claim, damage, loss, or expense is caused in whole or in part by the negligent or wrongful act or omission of Contractor or any Subcontractor. Contractor shall defend all actions brought upon such matters to be indemnified hereunder and pay all costs and expenses incidental thereto. Contractor’s indemnity obligation shall survive expiration or termination of this Contract. Contractor agrees that if there is a limitation of liability, such limitations of liability will not apply to injuries to persons, including death, or to damages to property. The insurance requirements in this Contract shall not be construed to limit Contractor’s indemnity obligations. 15. EMPLOYMENT PRACTICES: Contractor agrees to abide by the provisions of Title VI and VII of the Civil Rights Act of 1964 (42USC 2000e) which prohibits discrimination against any employee or applicant for employment or any applicant or recipient of services, on the basis of race, religion, color, or national origin; and further agrees to abide by Executive Order No. 11246, as amended, which prohibits discrimination on the basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age; and Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabilities. Also, Contractor agrees to abide by Utah's Executive Order, dated December 13, 2006, which prohibits unlawful harassment in the work place. 16. SEVERABILITY: A declaration or order by any court that any provision of this Contract is illegal and void shall not affect the legality and enforceability of any other provision of this Contract, unless the provisions are mutually dependent. 17. AMENDMENTS: This Contract may be amended, modified, or supplemented only by written amendment and attached to the original signed copy of this Contract. Automatic renewals will not apply to this Contract. 18. DEBARMENT: Contractor certifies that neither it nor its principals are presently or have ever been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Contract, by any governmental department or agency. Contractor shall notify DTS within thirty (30) days if it is debarred by any governmental entity during the Contract Period. 19. TERMINATION: Unless otherwise stated in this Contract, this Contract may be terminated, with cause by either party, in advance of the specified termination date, upon written notice being given by the other party. The party in violation will be given fourteen (14) calendar days after notification to correct and cease the violations, after which this Contract may be terminated for cause at any time. This Contract may also be terminated without cause (for convenience), in advance of the specified expiration date, by either party, upon sixty (60) calendar days prior written notice being given the other party. The parties may also agree to terminate this Contract prior to the expiration of the Contract Period by written agreement. 1/13/2015 2:37 PM
If Services apply to this Contract, then Contractor shall be compensated for the Services properly performed under
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violation will be given fourteen (14) calendar days after notification to correct and cease the violations, after which this Contract may be terminated for cause at any time. This Contract may also be terminated without cause (for Stateby of either Utah party, upon sixty (60) calendar days prior written Bid VB15056 convenience), in advance of the specified expiration date, notice being given the other party. The parties may also agree to terminate this Contract prior to the expiration of the Contract Period by written agreement. If Services apply to this Contract, then Contractor shall be compensated for the Services properly performed under this Contract up to the effective date of the notice of termination. Contractor agrees that in the event of such termination for cause or without cause, Contractor’s sole remedy and monetary recovery from DTS or the State of Utah is limited to full payment for all work properly performed as authorized under this Contract up to the date of termination as well as any reasonable monies owed as a result of Contractor having to terminate other contracts necessarily and appropriately entered into by Contractor pursuant to this Contract. 20. SUSPENSION OF WORK: Should circumstances arise which would cause DTS to suspend Contractor ’s responsibilities under this Contract, but not terminate this Contract, this will be done by formal written notice pursuant to the terms of this Contract. Contractor’s responsibilities may be reinstated upon advance formal written notice from DTS. 21. NONAPPROPRIATION OF FUNDS, REDUCTION OF FUNDS, OR CHANGES IN LAW: 1. Upon thirty (30) days written notice delivered to the Contractor, this Contract may be terminated in whole or in part at the sole discretion of DTS, if DTS reasonably determines that a change in federal or state legislation or applicable laws materially affects the ability of either party to perform under the terms of this Contract. 2. Upon thirty (30) days written notice delivered to the Contractor, this Contract may be terminated in whole or in part, or have the Services and purchase obligations of DTS proportionately reduced, at the sole discretion of DTS, if DTS reasonably determines that a change in available funds affects DTS ’s ability to pay under this Contract. A change of available funds as used in this paragraph, includes, but is not limited to, a change in federal or state funding, whether as a result of a legislative act or by order of the President or the Governor. 3. If a notice is delivered under paragraph 1 or 2 of this Section 21 “NONAPPROPRIATION OF FUNDS, REDUCTION OF FUNDS, OR CHANGES IN LAW,” DTS will make payment to Contractor for Goods or Custom Deliverables properly delivered or Services properly performed up until the effective date of said notice. DTS will not be liable for any performance, commitments, penalties, or liquidated damages that accrue after the effective date of said notice. 4. Notwithstanding any other paragraph or provision of this Section 21 “NONAPPROPRIATION OF FUNDS, REDUCTION OF FUNDS, OR CHANGES IN LAW,” if DTS in said notice to Contractor indicates that Contractor is to immediately cease from placing any orders or commitments with suppliers, subcontractor or other third parties, Contractor shall immediately cease such orders or commitments upon receipt of said notice and DTS shall not be liable for any such orders or commitments made after the receipt of said notice. 22. SALES TAX EXEMPTION: The Goods, Custom Deliverables, or Services being purchased by DTS under this Contract are being paid from DTS’s funds and used in the exercise of DTS ’s essential function as a State of Utah entity. DTS will provide Contractor with a copy of its sales tax exemption number upon request. It is the Contractor’s responsibility to request the sales tax exemption number from DTS. 23. TITLE AND OWNERSHIP WARRANTY: Contractor warrants, represents and conveys full ownership, clear title free of all liens and encumbrances to any Good or Custom Deliverable delivered to DTS under this Contract. Contractor fully indemnifies the State for any loss, damages or actions arising from a breach of this warranty without limitation. 24. HARDWARE WARRANTY: Contractor agrees to warrant and assume responsibility for all hardware portions of any Good or Custom Deliverable, that it licenses, contracts, or sells to DTS under this Contract, for a period of one (1) year. Contractor acknowledges that all warranties granted to DTS by the Uniform Commercial Code of the State of Utah apply to this Contract. Product liability disclaimers and/or warranty disclaimers from Contractor are not applicable to this Contract. In general, the Contractor warrants that the hardware: (a) will perform as specified in the Proposal; (b) will live up to all specific claims listed in the Proposal; (c) will be suitable for the ordinary purposes for which the hardware is used; (d) will be suitable for any special purposes that DTS has relied on Contractor’s skill or judgment to consider when it advised DTS about the hardware in the Proposal; (e) the hardware has been properly designed and manufactured; and (f) is free of significant defects or unusual problems about which DTS has not been warned. 25. SOFTWARE WARRANTY: Contractor warrants that for a period of ninety (90) days from the date of Acceptance that the software portions of the Goods and Custom Deliverables, that Contractor licenses, contracts, or sells to DTS under this Contract, will: (a) perform in accordance with the specific claims provided in the Proposal and any specifications agreed to in writing between DTS and Contractor; (b) be suitable for the ordinary purposes for which such Goods and Custom Deliverables are used; (c) be suitable for any special purposes that DTS has relied on Contractor’s skill or judgment to consider when it advised the State about the Goods or Custom Deliverables in its Proposal; (d) have been properly designed and manufactured; and (e) be free of significant defects or unusual 1/13/2015 2:37 PM problems about which DTS has not been warned. Contractor agrees to provide DTS with bug fixes, including
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the software portions of the Goods and Custom Deliverables, that Contractor licenses, contracts, or sells to DTS under this Contract, will: (a) perform in accordance with the specific claims provided in the Proposal and any State of Utah(b) be suitable for the ordinary purposes for which specifications agreed to in writing between DTS and Contractor; such Goods and Custom Deliverables are used; (c) be suitable for any special purposes that DTS has relied on Contractor’s skill or judgment to consider when it advised the State about the Goods or Custom Deliverables in its Proposal; (d) have been properly designed and manufactured; and (e) be free of significant defects or unusual problems about which DTS has not been warned. Contractor agrees to provide DTS with bug fixes, including informing DTS of any known software bugs or software defects that may affect DTS’s use of the software during the Contract Period.
Bid VB15056
26. WARRANTY REMEDIES: Upon breach of the hardware or software warranty, Contractor will repair or replace (at no charge to DTS) the Goods or Custom Deliverables whose nonconformance is discovered and made known to Contractor. If the repaired and/or replaced products prove to be inadequate, or fail to meet the performance of its essential purpose, Contractor will refund the full amount of any payments that have been made for the failing products. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity. 27. UPDATES AND UPGRADES: Contractor grants to DTS a non -exclusive, non-transferable license to use upgrades and updates provided by Contractor during the term of this Contract. Such upgrades and updates are subject to the terms of this Contract. DTS shall download, distribute, and install all updates as released by Contractor during the Contract Period, and Contractor strongly suggests that DTS also downloads, distributes, and installs all upgrades as released by Contractor during the Contract Period. 28. BUG FIXING AND REMOTE DIAGNOSTICS: Contractor shall use commercially reasonable efforts to provide work around solutions or patches to reported software problems. With DTS ’s prior written authorization, Contractor may perform remote diagnostics to work on reported problems, subject to Contractor’s obligation of this Contract. In the event that DTS declines remote diagnostics, Contractor and DTS may agree to on-site technical support, subject to the terms of this Contract. 29. TECHNICAL SUPPORT AND MAINTENANCE: If technical support and maintenance is a part of the Goods or Custom Deliverables that Contractor provides under this Contract, Contractor will use commercially reasonable efforts to respond to DTS in a reasonable time when DTS makes technical support or maintenance requests regarding the Goods or Custom Deliverables. 30. SECURE PROTECTION AND HANDLING OF STATE DATA: If Contractor is given State Data as part of this Contract, the protection of State Data shall be an integral part of the business activities of Contractor to ensure that there is no inappropriate or unauthorized use of State Data. To the extent that Contractor is given State Data, Contractor shall safeguard the confidentiality, integrity and availability of the State Data and comply with the following conditions: 1. Network Security: Contractor agrees at all times to maintain network security that - at a minimum - includes: network firewall provisioning, intrusion detection, and regular third party penetration testing. Likewise Contractor agrees to maintain network security that conforms to one of the following: (1) Those standards the State of Utah applies to its own network, found outlined in DTS Policy 5000 -0002 Enterprise Information Security Policy (copy available upon request); (2) Current standards set forth and maintained by the National Institute of Standards and Technology, includes those at: http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-53r4.pdf; or (3) Any generally recognized comparable standard that Contractor then applies to its own network and approved by DTS in writing. 2. State Data Security: Contractor agrees to protect and maintain the security of State Data with protection that is at least as good as or better than that maintained by the State of Utah. These security measures included but are not limited to maintaining secure environments that are patched and up to date with all appropriate security updates as designated (ex. Microsoft Notification). 3. State Data Transmission: Contractor agrees that any and all transmission or exchange of system application data with DTS and State of Utah and/or any other parties expressly designated by the State of Utah, shall take place via secure means (ex. HTTPS or FTPS). 4. State Data Storage: Contractor agrees that all State Data will be stored and maintained in data centers in the United States. Contractor agrees that no State Data at any time will be processed on or transferred to any portable or laptop computing device or any portable storage medium, except for devices that are used and kept only at Contractor’s United States data centers, unless such medium is part of the Contractor's designated backup and recovery process. Contractor shall permit its employees and Subcontractors to access non -State Data remotely only as required to provide technical support. Contractor may provide technical user support on a 24/7 basis using a Follow the Sun model, unless otherwise prohibited by this contract. 1/13/2015 2:37 PM Data Encryption: Contractor agrees to store all data provided to Contractor, including State, as part of its 5. State
designated backup and recovery process in encrypted form, using no less than 128 bit key.
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recovery process. Contractor shall permit its employees and Subcontractors to access non -State Data remotely only as required to provide technical support. Contractor may provide technical user support on a 24/7 basis using State of Utah Bid VB15056 a Follow the Sun model, unless otherwise prohibited by this contract. 5. State Data Encryption: Contractor agrees to store all data provided to Contractor, including State, as part of its designated backup and recovery process in encrypted form, using no less than 128 bit key. 6. Password Protection: Contractor agrees that any portable or laptop computer that has access to DTS or State of Utah network, or stores any non -public State of Utah data is equipped with strong and secure password protection. 7. State Data Re-Use: Contractor agrees that any and all data exchanged shall be used expressly and solely for the purpose enumerated in this Contract. Contractor further agrees that no State Data of any kind shall be transmitted, exchanged, or otherwise passed to other Contractors or interested parties except on a case -by-case basis as specifically agreed to in writing by DTS. 8. State Data Destruction: The Contractor agrees that upon expiration or termination of this Contract it shall erase, destroy, and render unreadable all State Data from all non -state computer systems and backups , and certify in writing that these actions have been completed within thirty (30) days of the expiration or termination of this Contract or within seven (7) days of the request of DTS, whichever shall come first, unless DTS provides Contractor with a written directive. It is understood by the parties that DTS ’s written directive may request that certain data be preserved in accordance with applicable law. 9. Services Shall Be Performed Within United States: Contractor agrees that all of the Services related to State Data that it provides to DTS will be performed by Contractor and Subcontractor(s) within the borders and jurisdiction of the United States. 31. SECURITY INCIDENT OR DATA BREACH NOTIFICATION: Contractor shall immediately inform DTS of any Security Incident or Data Breach. 1. Incident Response: Contractor may need to communicate with outside parties regarding a Security Incident, which may include contacting law enforcement and seeking external expertise as mutually agreed upon, defined by law or contained in this Contract. Discussing Security Incidents with DTS should be handled on an urgent as needed basis, as part of Contractor’s communication and mitigation processes, defined by law or contained in this Contract. 2. Security Incident Reporting Requirements: Contractor shall report a Security Incident to DTS immediately if Contractor reasonably believes there has been a Security Incident. 3. Breach Reporting Requirements: If Contractor has actual knowledge of a confirmed Data Breach that affects the security of any State Data that is subject to applicable data breach notification law, Contractor shall: (a) promptly notify DTS within 24 hours or sooner, unless shorter time is required by applicable law; (b) take commercially reasonable measures to address the Data Breach in a timely manner; and (c) be responsible for its Data Breach responsibilities, as provided in the next Section. 32. DATA BREACH RESPONSIBILITIES: This Section only applies when a Data Breach occurs. Contractor agrees to comply with all applicable laws that require the notification of individuals in the event of a Data Breach or other events requiring notification in accordance with DTS Policy 5000-0002 Enterprise Information Security Policy (copy available upon request). In the event of a Data Breach or other event requiring notification under applicable law (Utah Code § 13-44-101 thru 301 et al), Contractor shall: (a) cooperate with DTS by sharing information relevant to the Data Breach; (b) promptly implement necessary remedial measures, if necessary; (c) document responsive actions taken related to the Data Breach, including any post -incident review of events and actions taken to make changes in business practices in relation to the Data Breach; and (d) in accordance with applicable laws indemnify, hold harmless, and defend DTS and the State of Utah against any claims, damages, or other harm related to such Data Breach. If the Data Breach requires public notification, all communication shall be coordinated with DTS. Contractor shall be responsible for all notification and remedial costs and damages. 33. CHANGE MANAGEMENT: Contractor agrees to comply with DTS Change Management Policy 4000-0004. This DTS policy requires that any Goods or Custom Deliverables furnished or Services performed by Contractor that has the potential to cause any form of outage or modify the DTS’s or State of Utah’s infrastructure must be reviewed by the DTS Change Management Committee. DTS will inform Contractor if this change control requirement is applicable. Following this notification, any outages or Data Breaches which are caused by Contractor as a direct result of Contractor’s failure to comply with DTS ’s notification, will result in Contractor ’s liability for the damages. Upon request, DTS agrees to provide Contractor with a copy of the latest version of DTS Change Management Policy 4000 -0004. 34. PUBLIC INFORMATION: Contractor agrees that this Contract, any purchase orders, invoices, pricing lists, and the Proposal will be public documents, and may be available for distribution in accordance with the State of Utah ’s 1/13/2015 2:37 PM Government Records Access and Management Act (GRAMA). Contractor gives DTS and the State of Utah express
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request, DTS agrees to provide Contractor with a copy of the latest version of DTS Change Management Policy 4000 -0004. State of Utah
Bid VB15056
34. PUBLIC INFORMATION: Contractor agrees that this Contract, any purchase orders, invoices, pricing lists, and the Proposal will be public documents, and may be available for distribution in accordance with the State of Utah ’s Government Records Access and Management Act (GRAMA). Contractor gives DTS and the State of Utah express permission to make copies of this Contract, any purchase orders, invoices, pricing lists, and Proposal in accordance with GRAMA. The permission to make copies as noted will take precedence over any statements of confidentiality, proprietary information, copyright information, or similar notation. Neither DTS nor the State of Utah will inform Contractor of any request for a copy of this Contract, including any purchase orders, invoices, pricing lists, or the Proposal. 35. CREDITING DTS IN PUBLICITY: Any publicity given to this Contract provided herein shall identify DTS as the managing agency and shall not be released without prior written approval by DTS. 36. WEBSITE BRANDING: If applicable, Contractor agrees to use the DTS or State of Utah logo, or a newer version if replaced in the future, on websites produced under terms of this Contract. 37. DELIVERY: Unless otherwise specified in this Contract, all deliveries will be F.O.B. destination with all transportation and handling charges paid by Contractor. Contractor is responsible for including any freight charges due by DTS to Contractor when providing quotes to DTS unless otherwise specified in this Contract. Invoices listing freight charges that were not identified in the quote prior to shipment, unless otherwise specified in this Contract, will be returned to the Contractor to remove such costs. Responsibility and liability for loss or damage will remain with Contractor until final inspection and acceptance when responsibility will pass to DTS except as to latent defects, fraud, and Contractor's warranty obligations. 38. ELECTRONIC DELIVERY: Contractor may electronically deliver any Good or Custom Deliverable to DTS or provide any Good and Custom Deliverable for download from the Internet, if approved in writing by DTS. Contractor should take all reasonable and necessary steps to ensure that the confidentiality of those electronic deliveries is preserved in the electronic delivery process, and are reminded that failure to do so may constitute a breach of obligations owed to DTS under this Contract. Contractor warrants that all electronic deliveries will be free of known, within reasonable industry standards, malware, bugs, Trojan horses, etc. Any electronic delivery that includes State Data that Contractor processes or stores must be delivered within the specifications of this Contract. 39. ACCEPTANCE PERIOD: A Good, Custom Deliverable, or Service furnished under this Contract shall function in accordance with the specifications identified in this Contract and Solicitation. If the Goods and Custom Deliverables delivered do not conform to the specifications identified in this Contract and Solicitation ( “Defects ”), DTS shall within thirty (30) calendar days of the delivery date (“Acceptance Period”) to notify Contractor in writing of the Defects. Contractor agrees that upon receiving such notice, it shall use reasonable efforts to correct the Defects within fifteen (15) calendar days ( “Cure Period ”). DTS’s acceptance of a Good, Custom Deliverable, or Services occurs at the end of the Acceptance Period or Cure Period. If after the Cure Period, a Good, Custom Deliverable, or Service still has Defects, then DTS may, at its option: (a) declare Contractor to be in breach and terminate this Contract; (b) demand replacement conforming Goods, Custom Deliverables, or Services from Contractor at no additional cost to DTS; or, (c) continue the Cure Period for an additional time period agreed upon by DTS and Contractor in writing. Contractor shall pay all costs related to the preparation and shipping of the products returned pursuant to this section. No products shall be accepted and no charges shall be paid until acceptance is met. The warranty period will begin upon the end of the Acceptance Period. 40. ORDERING AND INVOICING: All orders will be shipped promptly in accordance with the delivery schedule. Contractor will promptly submit invoices (within 30 days of shipment or delivery of services) to DTS. The contract number shall be listed on all invoices, freight tickets, and correspondence relating to an order under this Contract. The prices paid by DTS will be those prices listed in this Contract. DTS has the right to adjust or return any invoice reflecting incorrect pricing. 41. PROMPT PAYMENT DISCOUNT: Contractor may quote a prompt payment discount based upon early payment. Contractor shall list payment discount terms on invoices. The prompt payment discount will apply to payments made with purchasing cards and checks. The date from which discount time is calculated will be the date a correct invoice is received. 42. PAYMENT AND NOTICE: 1. Payments will be made within thirty (30) days from a correct invoice is received, whichever is later. After sixty (60) days from the date a correct invoice is received by the appropriate State official, the Contractor may assess interest on overdue, undisputed account charges up to a maximum of the interest rate paid by the IRS on taxpayer refund claims, plus two percent, computed similarly as the requirements of Section 15 -6-3, Utah Prompt Payment Act of Utah Code, as amended. The IRS interest rate is adjusted quarterly, and is applied on a per annum basis, 1/13/2015 2:37 PM on the invoice amount that is overdue.
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1. Payments will be made within thirty (30) days from a correct invoice is received, whichever is later. After sixty (60) days from the date a correct invoice is received by the appropriate State official, the Contractor may assess of Utah of the interest rate paid by the IRS on taxpayer Bid VB15056 interest on overdue, undisputed account charges up toState a maximum refund claims, plus two percent, computed similarly as the requirements of Section 15 -6-3, Utah Prompt Payment Act of Utah Code, as amended. The IRS interest rate is adjusted quarterly, and is applied on a per annum basis, on the invoice amount that is overdue. 2. The contract total may be changed only by written amendment. Unless otherwise stated in this Contract, all payments to Contractor will be remitted by mail, by electronic funds transfer, or by the State of Utah’s purchasing card (major credit card). DTS will not allow Contractor to charge electronic payment fees of any kind. 3. The acceptance by Contractor of final payment without a written protest filed with DTS within ten (10) working days of receipt of final payment shall release DTS and the State of Utah from all claims and all liability to Contractor for fees and costs pursuant to this Contract. 4. Notice: Wherever under this Contract one party is required to give formal notice to the other, such notice shall be deemed given upon receipt of electronic mail and email attachments. Formal Notices to the Contractor and to DTS shall be addressed as follows: Contractor: Email sent to Contact person at Contractor’s named email address as indicated on signed State of Utah Contract Signature Page(s) of this Contract.
State of Utah - DTS: Email sent to
[email protected]
5. Overpayment: Contractor agrees that if during, or subsequent to the contract performance, a DTS audit or a State of Utah audit determines that payments were incorrectly reported or paid by DTS, and then Contractor shall, upon written request, immediately refund to DTS any such overpayments. Contractor further agrees that DTS shall have the right to withhold any or all subsequent payments under this Contract until recoupment of overpayment is made. 6. Payment withholding: Contractor agrees that the adequate reporting, record keeping, and compliance requirements specified in this Contract are a material element of performance and that if Contractor ’s record keeping practices, compliance, and/or reporting to DTS are not conducted in a timely and satisfactory manner, DTS may withhold part or all payments under this contract until such deficiencies have been remedied. This includes, but is not limited to, Contractors failure to provide timely invoicing, and/or other requirements described elsewhere within this Contract. In the event of the payment(s) being withheld, DTS agrees to provide ten (10) day advance notice to Contractor of the deficiencies that must be corrected in order to bring about the release of withheld payment. Contractor shall have ten (10) days thereafter to correct the cited reporting or record keeping practice deficiencies, or this Contract may be terminated. 43. INDEMNIFICATION – INTELLECTUAL PROPERTY: Contractor warrants that any Good, Custom Deliverable, or Service furnished by Contractor under this Contract, including its use by DTS or the State of Utah in unaltered form, will not, to Contractor’s knowledge, infringe any third party copyrights, patents, trade secrets, and/or other proprietary rights that exist on the effective date of this Contract and/or that arise or are enforceable under the law of the United States of America. Contractor will release, indemnify, and hold DTS and the State of Utah harmless from liability or damages of any kind or nature, including Contractor's use of any copyrighted or un -copyrighted composition, secret process, patented or un -patented invention, article, or appliance furnished or used in Contractor ’s performance of this Contract. Additionally, if such a claim or liability is based upon an allegation that a Good, Custom Deliverable, or Service furnished by Contractor infringes on any right protected by any patent, copyright, trademark, trade secret, and/or proprietary right of any third party, Contractor agrees to indemnify and hold harmless DTS and the State of Utah for any judgments, settlements, reasonable costs, and reasonable attorneys ’ fees resulting from such a claim or liability. Contractor shall defend all actions brought upon such matters to be indemnified hereunder and pay all costs and expenses incidental thereto; however, DTS shall have the right, at its option, to participate in the defense of any such action without relieving Contractor of any obligation hereunder. The parties agree that if there are any limitations of liability, including a limitation of liability clause in this Contract, such limitations of liability will not apply to this Section. 44. OWNERSHIP IN INTELLECTUAL PROPERTY: DTS and Contractor each recognizes that it has no right, title, or interest, proprietary or otherwise, in or to the name or any logo, or intellectual property owned or licensed by the other. DTS and Contractor each agree that, without prior written consent of the other or as described in this Contract, it shall not use the name, any logo, or intellectual property owned or licensed by the other. 45. OWNERSHIP IN CUSTOM DELIVERABLES In the event that Contractor provides Custom Deliverables to DTS, pursuant to this Contract, Contractor grants the ownership in Custom Deliverables, which have been developed 1/13/2015 2:37 and PM delivered by Contractor exclusively for DTS and are specifically within the framework of fulfilling Contractor ’s contractual obligations under this contract. Custom Deliverables shall be deemed work made for hire, such that
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other. DTS and Contractor each agree that, without prior written consent of the other or as described in this Contract, it shall not use the name, any logo, or intellectual property owned or licensed by the other. State of Utah
Bid VB15056
45. OWNERSHIP IN CUSTOM DELIVERABLES In the event that Contractor provides Custom Deliverables to DTS, pursuant to this Contract, Contractor grants the ownership in Custom Deliverables, which have been developed and delivered by Contractor exclusively for DTS and are specifically within the framework of fulfilling Contractor ’s contractual obligations under this contract. Custom Deliverables shall be deemed work made for hire, such that all intellectual property rights, title and interest in the Custom Deliverables shall pass to DTS, to the extent that the Custom Deliverables are not recognized as work made for hire, Contractor hereby assigns to DTS any and all copyrights in and to the Custom Deliverables, subject to the following: 1. Contractor has received payment for the Custom Deliverables, 2. Each party will retain all rights to patents, utility models, mask works, copyrights, trademarks, trade secrets, and any other form of protection afforded by law to inventions, models, designs, technical information, and applications ( “Intellectual Property Rights”) that it owned or controlled prior to the effective date of this contract or that it develops or acquires from activities independent of the services performed under this contract (“Background IP”), and 3. Contractor will retain all right, title, and interest in and to all Intellectual Property Rights in or related to the services, or tangible components thereof, including but not limited to (a) all know -how, intellectual property, methodologies, processes, technologies, algorithms, software, or development tools used in performing the Services (collectively, the “Utilities ”), and (b) such ideas, concepts, know -how, processes and reusable reports, designs, charts, plans, specifications, documentation, forms, templates, or output which are supplied or otherwise used by or on behalf of Contractor in the course of performing the Services or creating the Custom Deliverables, other than portions that specifically incorporate proprietary or Confidential Information or Custom Deliverables of the State Entity (collectively, the “Residual IP”), even if embedded in the Custom Deliverables. 4. Custom Deliverables, not including Contractor ’s Intellectual Property Rights, Background IP, and Residual IP, may not be marketed or distributed without written approval by DTS. Contractor agrees to grant to DTS a perpetual, irrevocable, royalty-free license to use Contractor ’s Background IP, Utilities, and Residual IP, as defined above, solely for DTS and the State of Utah to use the Custom Deliverables. DTS reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, for DTS ’s and the State of Utah ’s internal purposes, such Custom Deliverables. For the Goods delivered that consist of Contractor ’s scripts and code and are not considered Custom Deliverables or Work Product, for any reason whatsoever, Contractor grants DTS a non -exclusive, non-transferable, irrevocable, perpetual right to use, copy, and create derivative works from such, without the right to sublicense, for DTS ’s and the State of Utah’s internal business operation under this Contract. DTS and the State of Utah may not participate in the transfer or sale of, create derivative works from, or in any way exploit Contractor’s Intellectual Property Rights, in whole or in part. 46. OWNERSHIP, PROTECTION AND USE OF RECORDS: Except for confidential medical records held by direct care providers, DTS and the State of Utah shall own exclusive title to all information gathered, reports developed, and conclusions reached in performance of this Contract. Contractor may not use, except in meeting its obligations under this Contract, information gathered, reports developed, or conclusions reached in performance of this Contract without the express written consent of DTS. The improper use or disclosure of any information concerning a State of Utah client or a State of Utah employee for any purpose not directly connected with the administration of Contractor ’s responsibilities under this Contract is prohibited except on written consent by DTS. Contractor will be required to sign a Confidential Information Certification form in situations where they will be given access to confidential computerized records. Contractor agrees to maintain the confidentiality of records it holds for DTS as required by applicable federal, state, or local laws. DTS and the State of Utah shall own and retain unlimited rights to use, disclose, or duplicate all information and data (copyrighted or otherwise) developed, derived, documented, stored, or furnished by Contractor under this Contract. Contractor, and any Subcontractors under its control, expressly agrees not to use confidential client or confidential federal, state, or local government data without prior written permission from DTS and appropriate officials of the State of Utah. 47. OWNERSHIP, PROTECTION, AND USE OF CONFIDENTIAL FEDERAL, STATE, OR LOCAL GOVERNMENT INTERNAL BUSINESS PROCESSES AND PROCEDURES: In the event that DTS provides Contractor with confidential federal or state business processes, policies, procedures, or practices, pursuant to this Contract, Contractor agrees to hold such information in confidence, in accordance with applicable laws and industry standards of confidentiality , and not to copy, reproduce, sell, assign, license, market, transfer, or otherwise dispose of, give, or disclose such information to third parties or use such information for any purpose whatsoever other than the performance of this Contract. The improper use or disclosure by any party of protected internal federal or state business processes, policies, procedures, or practices is prohibited. Confidential federal or state business processes, policies, procedures, or practices shall not be divulged by Contractor or its Subcontractors, except for the performance of this Contract, unless prior written consent has been obtained in advance from DTS. 48. OWNERSHIP, PROTECTION, AND RETURN OF DOCUMENTS AND DATA UPON CONTRACT TERMINATION OR 1/13/2015 2:37 PM All documents and data pertaining to work required by this Contract will be the property of DTS and COMPLETION:
the State of Utah, and must be delivered to DTS within thirty (30) working days after termination or expiration of this
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policies, procedures, or practices is prohibited. Confidential federal or state business processes, policies, procedures, or practices shall not be divulged by Contractor or its Subcontractors, except for the performance of State of Utah Bid VB15056 this Contract, unless prior written consent has been obtained in advance from DTS. 48. OWNERSHIP, PROTECTION, AND RETURN OF DOCUMENTS AND DATA UPON CONTRACT TERMINATION OR COMPLETION: All documents and data pertaining to work required by this Contract will be the property of DTS and the State of Utah, and must be delivered to DTS within thirty (30) working days after termination or expiration of this Contract, regardless of the reason for contract termination, and without restriction or limitation to their future use. Any State Data that may be returned under provisions of this Section must either be in the format as originally provided, or in a format that is readily usable by DTS or that can be formatted in a way that it can be used. The costs for returning documents and data to DTS are included in this Contract. 49. CONFIDENTIALITY: Confidential Information may be disclosed to the Contractor under the terms of this Contract. If Confidential Information is disclosed to Contractor then Contractor agrees to adhere to the following: 1. Contractor will: (a) limit disclosure of any Confidential Information to Authorized Persons who have a need to know such Confidential Information in connection with the current or contemplated business relationship between the parties to which this Contract relates, and only for that purpose; (b) advise its Authorized Persons of the proprietary nature of the Confidential Information and of the obligations set forth in this Contract and require such Authorized Persons to keep the Confidential Information confidential; (c) shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information; and (d) not disclose any Confidential Information received by it to any third parties, except as otherwise agreed to in writing by DTS. Contractor will promptly notify DTS of any misuse or misappropriation of Confidential Information that comes to Contractor’s attention. 2. Contractor shall be responsible for any breach of this duty of confidentiality contract by any of their officers, agents, subcontractors at any tier, and any of their respective representatives, including any required remedies and/or notifications under applicable law (Utah Code Section 13-44-101 thru 301 et al). Contractor shall indemnify, hold harmless, and defend DTS and State of Utah from claims related to a breach of these confidentiality requirements by Contractor or anyone for whom the Contractor is liable. This duty of confidentiality shall be ongoing and survive the term of this Contract. 50. ASSIGNMENT/SUBCONTRACT: Contractor will not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Contract, in whole or in part, without the prior written approval of DTS. 51. DEFAULT AND REMEDIES: Any of the following events will constitute cause for DTS to declare Contractor in default of this Contract: (a) nonperformance of contractual requirements or (b) a material breach of any term or condition of this Contract. DTS will issue a written notice of default providing a fourteen (14) day period in which Contractor will have an opportunity to cure. Time allowed for cure will not diminish or eliminate Contractor's liability for damages. If the default remains, after Contractor has been provided the opportunity to cure, DTS may do one or more of the following: (a) exercise any remedy provided by law; (b) terminate this Contract and any related contracts or portions thereof; (c) impose liquidated damages, if liquidated damages are listed in the contract; (d) suspend Contractor from receiving future solicitations; or (e) request a full refund of the Goods, Custom Deliverables, or Services furnished by Contractor that are defective or Services that were inadequately performed under this Contract. 52. TERMINATION UPON DEFAULT: In the event this Contract is terminated as a result of a default by Contractor, DTS may procure or otherwise obtain, upon such terms and conditions as DTS deems appropriate, Goods, Custom Deliverables, or Services similar to those terminated, and Contractor shall be liable to DTS for any and all cover costs and damages arising therefrom, including attorneys ’ fees, excess costs and fees, and cost of cover together with incidental or consequential damages, incurred by DTS in obtaining similar Goods, Custom Deliverables, or Services. 53. FORCE MAJEURE: Neither party to this Contract will be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. DTS may immediately terminate this Contract after determining such delay will reasonably prevent successful performance of this Contract. 54. PROCUREMENT ETHICS: Contractor understands that a person who is interested in any way in the sale of any supplies, services, products, construction, or insurance to the State of Utah is violating the law if the person gives or offers to give any compensation, gratuity, contribution, loan, or reward, or any promise thereof to any person acting as a procurement officer on behalf of the State of Utah, or who in any official capacity participates in the procurement of such supplies, services, products, construction, or insurance, whether it is given for their own use or for the use or benefit of any other person or organization (63G -6a-2304.5, Utah Procurement Code , as amended). 55. WORKERS’ COMPENSATION: Contractor shall maintain during the term of this Contract, workers ’ compensation insurance for all its employees as well as any subcontractor employees related to this Contract. Worker ’s compensation insurance shall cover full liability under the worker ’s compensation laws of the jurisdiction in which the service is performed at the statutory limits required by said jurisdiction. Contractor acknowledges that within thirty (30) days of contract award, Contractor and/or Subcontractors must submit proof of certificate of insurance 1/13/2015 2:37 that PM meets the above requirements.
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55. WORKERS’ COMPENSATION: Contractor shall maintain during the term of this Contract, workers ’ compensation insurance for all its employees as well as any subcontractor employees related to this Contract. Worker ’s of Utah ’s compensation laws of the jurisdiction in which compensation insurance shall cover full liability underState the worker the service is performed at the statutory limits required by said jurisdiction. Contractor acknowledges that within thirty (30) days of contract award, Contractor and/or Subcontractors must submit proof of certificate of insurance that meets the above requirements.
Bid VB15056
56. LIABILITY INSURANCE: Contractor agrees to provide and to maintain during the performance of this Contract, at its sole expense, a policy of general liability insurance. The limits of the policy shall be no less than $1,000,000.00 for each occurrence and $3,000,000.00 aggregate. It shall be the responsibility of Contractor to require any of their Subcontractor(s) to secure the same insurance coverage as prescribed herein for the Contractor. Contractor must provide proof of insurance to DTS and must add DTS as an additional insured with notice of cancellation. Contractor acknowledges that within thirty (30) days of contract award, Contractor and/or Contractor’s Subcontractors must submit proof of certificate of insurance that meets the above requirements. Failure to provide proof of insurance, as required, could result in this Contract being terminated for cause. 57. CONFLICT OF TERMS: Contractor terms and conditions that apply must be in writing and attached to this Contract. No other terms and conditions will apply to this Contract including terms listed or referenced on a Contractor ’s website, terms listed in a Contractor quotation/sales order, purchase orders, etc. In the event of any conflict in the contract terms and conditions, the order of precedence shall be: (a) This Attachment A; (b) DTS ’s Contract Signature Page(s); (c) State of Utah ’s Additional Terms and Conditions, if any; and (d) Contractor Terms and Conditions, if any. Attachment A will be given precedence over any provisions including, limitation of liability, indemnification, standard of care, insurance, or warranty, and will not be nullified by or exception created by more specific terms elsewhere in this Contract. 58. ENTIRE AGREEMENT: This Contract shall constitute the entire agreement between the parties, and supersedes any and all other prior and contemporaneous agreements and understandings between the parties, whether oral or written. 59. SURVIVORSHIP: This paragraph defines the specific contractual provisions that will remain in effect after expiration of, the completion of, or termination of this Contract, for whatever reason: (a) Contract Jurisdiction, Choice of Law, and Venue; (b) Secure Protection and Handling of State Data; (c) Data Breach Responsibilities; (d) Ownership in Custom Deliverables; (e) Ownership, Protection, and Use of Records, including Residuals of such records; and (f) Ownership, Protection, and Use of Confidential Federal, State, or Local Government Internal Business Processes, including Residuals of such confidential business processes; (g) Ownership, Protection, and Return of Documents and Data Upon Contract Termination or Completion; (h) Confidentiality; (i) Conflict of Terms; and (j) any other terms that by their nature would survive the expiration of, completion, or termination of this contract. 60. WAIVER: The waiver by either party of any provision, term, covenant, or condition of this Contract shall not be deemed to be a waiver of any other provision, term, covenant, or condition of this Contract nor any subsequent breach of the same or any other provision, term, covenant, or condition of this Contract. 61. CONTRACT INFORMATION: Contractor understands that for the duration of this Contract that DTS must make available contact information of Contractor to the Department of Workforce Services in accordance with Section 35A-2-203, Utah Code , as amended. This requirement does not preclude Contractor from advertising job openings in other forums throughout the State of Utah. 62. COMPLIANCE WITH ACCESSIBILITY STANDARDS: Contractor shall comply with and adhere to Accessibility Standards of Section 508 Amendment to the Rehabilitation Act of 1973. Contractor acknowledges that all Goods and Custom Deliverables that it licenses, contracts, or sells to DTS under this contract are accessible to people with disabilities. If Services are applicable to this Contract, the following terms and conditions apply to this Contract: 63. TIME IS OF THE ESSENCE: The Services shall be completed by any applicable deadline stated in this Contract. For all Services, time is of the essence. Contractor shall be liable for all damages to DTS and the State of Utah, and anyone for whom the State of Utah may be liable, as a result of Contractor’s failure to timely complete the Services required under this Contract. 64. CHANGES IN SCOPE: Any changes in the scope of the Services to be performed under this Contract shall be in the form of a written amendment to this Contract, mutually agreed to and signed by both parties, specifying any such changes, fee adjustments, any adjustment in time of performance, or any other significant factors arising from the changes in the scope of Services. 65. PERFORMANCE EVALUATION: DTS may conduct a performance evaluation of Contractor ’s Services, including Contractor’s Subcontractors, if any. Results of any evaluation may be made available to the Contractor upon Contractor’s request. 1/13/2015 2:37 PM 66. ADDITIONAL INSURANCE REQUIREMENTS:
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65. PERFORMANCE EVALUATION: DTS may conduct a performance evaluation of Contractor ’s Services, including State of Utah Bid VB15056 Contractor’s Subcontractors, if any. Results of any evaluation may be made available to the Contractor upon Contractor’s request. 66. ADDITIONAL INSURANCE REQUIREMENTS: 1. Professional liability insurance in the amount as described in the Solicitation for this Contract, if applicable. 2. Any other insurance policies described or referenced in the Solicitation for this Contract. 3. Any type of insurance or any increase of limits of liability not described in this Contract which the Contractor requires for its own protection or on account of any federal, state, or local statute, rule, or regulation shall be its own responsibility, and shall be provided at Contractor’s own expense. 4. The carrying of insurance required by this Contract shall not be interpreted as relieving the Contractor of any other responsibility or liability under this Contract or any applicable law, statute, rule, regulation, or order. Contractor must provide proof of the above listed policies within thirty (30) days of being awarded this Contract. 67. STANDARD OF CARE: The Services of Contractor and its Subcontractors shall be performed in accordance with the standard of care exercised by licensed members of their respective professions having substantial experience providing similar services which similarities include the type, magnitude, and complexity of the Services that are the subject of this Contract. Contractor shall be liable to DTS and the State of Utah for claims, liabilities, additional burdens, penalties, damages, or third party claims (i.e. another Contractor’s claim against the State of Utah), to the extent caused by wrongful acts, errors, or omissions that do not meet this standard of care. 68. STATE REVIEWS, LIMITATIONS: DTS reserves the right to perform plan checks, plan reviews, other reviews, and/or comment upon the Services of Contractor. DTS’s approval, acceptance, or payment for any of the Services required under this Contract shall not be construed to operate as a waiver by DTS of any right under this Contract or of any cause of action arising out of the performance or nonperformance of this Contract, and Contractor shall be liable to DTS in accordance with applicable law for all damages to DTS caused by the wrongful acts, errors, and/or omissions of Contractor or its Subcontractors.
(Revision Date: 12 December 2014) 6
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State of Utah
Bid VB15056
REQUEST FOR PROPOSAL (EMS Data System) Solicitation # (VB15056)
PART 1: OVERVIEW AND INSTRUCTIONS PURPOSE OF REQUEST FOR PROPOSAL (RFP) The Utah Department of Health (UDOH), Bureau of Emergency Medical Services & Preparedness (BEMSP) is seeking proposals for a single vendor hosted solution for an integrated Emergency Medical System (EMS) Data System to include: State level licensure and certification management for agencies and EMS professionals, including investigations, inspections and disciplinary actions EMS (pre-hospital) data collection, receipt, and processing trauma data collection, receipt and processing Historically, the BEMSP has operated three disparate data systems for data collection and processing: Bureau of EMS: an internally developed system to collect and process license and certification data for EMS personnel and providers including applications, fees collection, and course maintenance. Pre-hospital On-line Active Reporting Information System (POLARIS): an externally developed system to collect and process patient care reports TraumaBase: an externally developed system to collect and process trauma registry data. It is the intent of the BEMSP to replace the three disparate data systems with a single Offeror module-based system that provides the capability to demographic data from the license management solution will flow into the pre-hospital solution with patient care report data flowing into the trauma registry solution, effectively reducing the need for duplicative data entry and therefore improving data quality. The solution must support the following objectives: efficient and accurate data entry by BEMSP staff and field users automated and accurate data exchange with other data systems on-line public access to selected EMS licensing and certification information viable replacement of existing data connections and automation points as listed in this RFP BACKGROUND BEMSP is a bureau within the Utah Department of Health’s Family Health and Preparedness division and is the regulatory body for the provision of emergency medical services within the state. BEMSP is mandated to: coordinate the emergency medical services within the state; adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: o license ambulance providers and paramedic providers; 1/13/2015 2:37 PM
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State of Utah
Bid VB15056
o permit ambulances and emergency response vehicles; o establish application, submission, and procedural requirements for licenses, designations, certificates, and permits To meet this mandate, BEMSP currently maintains three disparate data systems to support the receipt and processing of related data including provider and personnel certification applications, training records, disciplinary actions, etc. along with prehospital patient care reports and the trauma registry. BEMSP collects and processes trauma data from 45 acute care hospitals (including 23 designated trauma centers), 138 EMS agencies, and 45,000 EMS personnel with over 66,000 certifications. ISSUING OFFICE AND RFP REFERENCE NUMBER The State of Utah Division of Purchasing is the Issuing Procurement Unit for this solicitation and all subsequent addenda relating to it, on behalf of the Conducting Procurement Unit, The State of Utah Department of Technology and the Department of Health. The reference number for the transaction is Solicitation # (VB15056). This number must be referred to on all proposals, correspondence, and documentation relating to the RFP. This RFP, having been determined to be the appropriate procurement method to provide the best value to the State, is designed to provide interested offerors with sufficient basic information to submit proposals meeting minimum requirements. It is not intended to limit a proposal's content or exclude any relevant or essential data. Offerors are at liberty and are encouraged to expand upon the specifications to evidence service capability under any agreement. It is issued in accordance with Utah Code Annotated 63G-6a-701 to 710 and Administrative Rule R33-7. The State of Utah Department of Technology Services is releasing this solicitation in partnership with the Department of Health for procurement items identified in this solicitation. However, the Department of Technology Services has the authority to allow State of Utah Executive Branch Agencies the ability to participate in any contract resulting from this solicitation in the event a procurement need arises. Allowing additional Executive Branch Agencies to participate in a contract resulting from this solicitation will require a contract amendment and participation will be limited to the procurement items or scope of work identified in this solicitation. All technology contract amendments will be issued in accordance with State of Utah Procurement Code 63F-1205 and Administrative Rules R33-3-712 and R33-6-101. NOTICE: Wherever the term bid, bidder, bidding or quote appears in this solicitation or reference is made to a bid, bidder, bidding, or quote, it shall be interpreted to mean offeror, as defined in 63G-6a-103(30), RFP, or Request for Proposals, as defined in 63G-6a-103(38) and the procurement shall be conducted subject to the provisions of 63G-6a-701-711. QUESTIONS All questions MUST be submitted through BIDSYNC (www.bidsync.com) prior to the
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State of Utah
Bid VB15056
closing date and time for questions. Questions submitted through any other channel will not be answered. Questions may be answered as they come in or may be compiled into one document and answered via an addendum. Only answers disseminated by the State through the BidSync system or through an authorized and properly issued addendum shall serve as the official and binding position of the State. Answers provided via BidSync will constitute an addendum to the solicitation. Notification to the State of any ambiguity, inconsistency, excessively restrictive requirements, and errors in the solicitation documents, solicitation questions, or exceptions to the scope/content of the RFP MUST be submitted as a question through BidSync during the solicitation process and prior to the closing date of/and time for questions. ADDENDA Offerors are encouraged to periodically check BidSync for posted questions, answers and addenda. Any modification to this procurement will be made by addendum issued by the State Division of Purchasing. Only authorized and properly issued addenda shall constitute the official and binding position of the State. Any response to this solicitation which has as its basis any communications or information received from sources other than this solicitation or related official addenda could be considered non-responsive and be rejected at the sole discretion of the State. RESTRICTIONS ON COMMUNICATIONS From the issue date of this solicitation until an Offeror is selected and the selection is announced, offerors are prohibited from communications regarding this procurement with agency staff, evaluation committee members, or other associated individuals EXCEPT the procurement officer overseeing this procurement. Failure to comply with this requirement may result in disqualification. SUBMITTING YOUR PROPOSAL NOTICE: By submitting a proposal in response to this RFP, the offeror acknowledges and agrees that the requirements, scope of work, and the evaluation process outlined in the RFP are understood, fair, equitable, and are not unduly restrictive. Proposals must be received by the posted due date and time. Proposals received after the deadline will be late and ineligible for consideration. Electronic submission instructions: When submitting a proposal electronically through BidSync, please allow sufficient time to complete the online forms and to upload your proposal documents. The solicitation will end at the closing time posted in
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State of Utah
Bid VB15056
BidSync. If you are in the middle of uploading your proposal when the deadline arrives, the system will stop the upload process and your proposal will not be accepted by BidSync, and your attempted submission will be considered as non-responsive. Electronic proposals may require uploading of electronic attachments. BidSync’s site will accept a wide variety of document types as attachments. However, the State of Utah is unable to view certain documents. Therefore, DO NOT submit documents that are embedded (zip files), movies, wmp, encrypted, and mp3 files. All documents must be uploaded in BidSync as separate files. Hard copy submission instructions: The preferred method of submitting your proposal is electronically through BidSync. However, if you choose to submit your response in hard copy form, one (1) original and (6 copies) one for each member of the evaluation committee identical copies of your Technical Proposal must be received prior to the Due Date and Time at the following address: State of Utah Division of Purchasing 3150 State Office Building, Capitol Hill Salt Lake City, Utah 84114-1061. Additionally, one (1) original Cost Proposal form (see Attachment _B_ - Cost Proposal Form) must be submitted in a separately sealed envelope delivered at the same time as the Technical Proposal. The outside cover of the package containing the Technical Proposal shall be clearly marked “Solicitation # (VB15056) – Technical Proposal and include the Due Date and Time”. The outside cover of the Cost Proposal shall be clearly marked “Solicitation # (VB15056) – Cost Proposal and include the Due Date and Time”. Cost will be evaluated independently from the technical proposal, and as such must be submitted separate from the technical proposal. Failure to submit cost or pricing data separately may result in your proposal being judged as non-responsive. Please allow sufficient time for delivery of hardcopy responses. Responses sent overnight, but not received by the closing date and time will not be accepted. All costs incurred in the preparation and submission of a proposal is the responsibility of the Offeror and will not be reimbursed. All costs related to the preparation of offeror responses and any related activities are the sole responsibility of the offeror. The State of Utah assumes no liability for any costs incurred by offerors throughout the evaluation and selection process. Refer to the Request for Proposal – Instructions and General Provisions for further information on proposal submissions.
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State of Utah
Bid VB15056
CONTRACT AWARD INTENT It is anticipated that this RFP may result in an award to a single Offeror. However, the State of Utah reserves the right to award to multiple Offerors if it is determined to be in the best interest of the State in accordance with R33-12-301. Multiple awards will be based on statewide, regional, combined statewide and regional basis, or agency specific requirements. LENGTH OF CONTRACT The Contract resulting from this solicitation will be for a period of five (5) years with no renewal options for additional years. Pursuant to Utah Code Annotated §63G-6a1204(7) any contract resulting from this RFP may not exceed a period of five years. The State of Utah reserves the right to review contract(s) on a regular basis regarding performance and cost analysis and may negotiate price and service elements during the term of the contract. PRICE GUARANTEE PERIOD All pricing must be guaranteed for the entire period of the contract.
STANDARD CONTRACT TERMS AND CONDITIONS Any contract resulting from this RFP will include, but not be limited to the State’s Standard Terms and Conditions (Attachment A). Attachment A will contain terms and conditions specific to this procurement. NOTE: If Attachment A is not included, then the State’s Standard Terms and Conditions are attached by reference. The State’s Standard Terms and Conditions can be found at http://purchasing.utah.gov/purchasingforms.html. Exceptions and or additions to the State’s Standard Terms and Conditions are strongly discouraged. Exceptions and additions to the Standard Terms and Conditions must be submitted with the proposal response. Exceptions, additions, service level agreements, etc. submitted after the date and time for receipt of proposals will not be considered. Website URLs, or information on website URLs must not be requested in the RFP document and must not be submitted with a proposal. URLs provided with a proposal may result in that proposal being rejected as non-responsive. URLs are also prohibited from any language included in the final contract document. The State retains the right to refuse to negotiate on exceptions should the exceptions be excessive, not in the best interest of the State, negotiations could result in excessive costs to the state, or could adversely impact existing time constraints. In a multiple award, the State reserves the right to negotiate exceptions to terms and conditions based on the offeror with the least to the most exceptions taken. Contracts may become effective as negotiations are completed. If negotiations are required, Offeror must provide all documents in WORD format for redline editing. Offeror must provide the name, contact information, and access to the person(s) that will be directly involved in legal negotiations.
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State of Utah
Bid VB15056
Any mandatorily required acceptance of an offeror’s terms and conditions may result in the proposal being determined to be non-responsive. An award resulting from this RFP is subject to successful contract terms and conditions negotiation (if required). The State of Utah, at its sole discretion, will determine when contract terms and conditions negotiations become unproductive and will result in termination of award to the Offeror. PROTECTED INFORMATION The Government Records Access and Management Act (GRAMA), Utah Code Ann., Subsection 63G-2-305, provides in part that: the following records are protected if properly classified by a government entity: (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has provided the governmental entity with the information specified in Section 63G-2-309 (Business Confidentiality Claims); (2) commercial information or non-individual financial information obtained from a person if: (a) disclosure of the information could reasonably be expected to result in unfair competitive injury to the person submitting the information or would impair the ability of the governmental entity to obtain necessary information in the future; (b) the person submitting the information has a greater interest in prohibiting access than the public in obtaining access; and (c) the person submitting the information has provided the governmental entity with the information specified in Section 63G-2-309; ***** (6) records the disclosure of which would impair governmental procurement proceedings or give an unfair advantage to any person proposing to enter into a contract or agreement with a governmental entity, except that this Subsection (6) does not restrict the right of a person to see bids submitted to or by a governmental entity after bidding has closed; ....
GRAMA provides that trade secrets, commercial information or non-individual financial information may be protected by submitting a Claim of Business Confidentiality. To protect information under a Claim of Business Confidentiality, the offeror must: 1. Provide a written Claim of Business Confidentiality at the time the information (proposal) is provided to the state, and 2. Include a concise statement of reasons supporting the claim of business confidentiality (Subsection 63G-2-309(1)). 3. Submit an electronic “redacted” (excluding protected information) copy of your proposal response. Copy must clearly be marked “Redacted Version.” A Claim of Business Confidentiality may be appropriate for information such as client lists and non-public financial statements. Pricing and service elements may not be protected. The claim of business confidentiality must be submitted with your proposal on the form which may be accessed at:
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Bid VB15056
http://www.purchasing.utah.gov/contract/documents/confidentialityclaimform.doc An entire proposal cannot be identified as “PROTECTED”, “CONFIDENTIAL” or “PROPRIETARY” and may be considered non-responsive if marked as such. To ensure the information is protected, you must identify all protected information in Section 3 of the proposal response and submit a redacted copy of the proposal response at the same time offeror submits its proposal response. The redacted copy of the offeror’s proposal response must be submitted in compliance with this section of this RFP. All materials submitted become the property of the state of Utah. Materials may be evaluated by anyone designated by the state as part of the proposal evaluation committee. Materials submitted may be returned only at the State's option. WORK FOR HIRE Offeror agrees to transfer and assign, and hereby transfers and assigns, to State of Utah, without further compensation, the entire right, title and interest throughout the world in and to: (a) all Technical Information first produced by Offeror in the performance of this Agreement; (b) all Intellectual Property resulting from Offeror’s activities under this Agreement; (c) all Intellectual Property relating to any Deliverables under this Agreement; and (d) creations and inventions that are otherwise made through the use of State of Utah or its affiliates’ equipment, supplies, facilities, materials and/or Proprietary Information. All such Technical Information and Intellectual Property that are protectable by copyright will be considered work(s) made by Offeror for hire for State of Utah (as “works made for hire” is defined in the United States Copyright Act, 17 U.S.C. § 101) and will belong exclusively to the State of Utah. If by operation of law any of such Technical Information or Intellectual Property is not owned in its entirety by the State of Utah automatically upon creation, Offeror agrees to transfer and assign, and hereby transfers and assigns, same as stated in the first sentence of this Section TRAVEL TIME AND EXPENSES Travel time/expenses/mileage, meals, car rental, and/or stipends expenses will not be reimbursed unless specifically noted. Travel expenses for authorized trips will be reimbursed at then-current State of Utah per diem rates. The State will not pay for travel time. Invoices for permissible non-per diem travel related expenses must include applicable receipts. Travel costs must be reflected in the attached cost sheet and submitted at the time of the proposal submission. INTERVIEWS AND PRESENTATIONS Interviews and presentations may be held at the option of the State. Offerors invited to interviews or presentations shall be limited to those offerors meeting the minimum requirements specified in the RFP.
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State of Utah
Bid VB15056
Representations made by the offeror during interviews or presentations shall become an addendum to the offeror's proposal and shall be documented. Representations must be consistent with the offeror's original proposal and may only be used for purposes of clarifying or filling in gaps in the offeror's proposal. The procurement officer shall establish a date and time for the interviews or presentations and shall notify eligible offerors of the procedures. Interviews and presentations will be at the offeror's expense.
PART 2: SCOPE OF SERVICES AND REQUIREMENTS DETAILED SCOPE OF WORK AND REQUIREMENTS The Offeror’s proposed solution capabilities must address the functionalities outlined in all the appendices identified below. APPENDIX A (see below) describes the required functionality for each module. For each item, the Offeror should demonstrate whether the feature is part of the proposed standard product or cannot be delivered. APPENDIX B (see below) describes existing system integration and automation points. For each item, the Offeror should indicate whether the feature is part of the proposed standard product, or cannot be delivered. APPENDIX C (see below) describes the existing reports each module provides. This list is provided as a general guideline to allow Offerers insight as to our current reporting capabilities and is not intended to be an exhaustive list of all reports the BEMSP, hospitals and agencies may identify in the future. APPENDIX D (see below) describes the license and certification data elements that are required. Appendix E (see below) describes the list of NEMSIS v2.2.x National and Utah required elements. The BEMSP has not yet finalized the required data element for NEMSIS v3.x; however, that finalization will occur before the go-live date of the pre-hospital solution. The BEMSP will accept NEMSIS v2.x data through the end of 2015. Offeror shall demonstrate additional registry capabilities including, but not limited to: Trauma Rehabilitation, Stroke, and STEMI. Additionally, Offeror shall demonstrate proven ability to provide full EMR integration for all modules and registries. The state reserves the right to acquire additional modules in the future. In addition to addressing the proposed solution capabilities as they relate to the functionalities outlined in the appendices identified above, the Offeror must demonstrate the proposed solution’s capability to provide the following:
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State of Utah
Bid VB15056
SCOREABLE TECHNICAL CRITERIA AND REQIREMENTS 1.0 Project Management: The Offeror shall follow project management methodologies that are consistent with generally accepted PM principles, e.g. Project Management Institute’s (PMI) Project Management Body of Knowledge (PMBOK) Guide. Offeror’s staff are to follow a consistent methodology for all SOW activities. Offeror must provide a project timeline to implement all three modules. Agency is looking for an aggressive timeline, without compromising the integrity of the system Offeror will provide a project manager ("PM") and his/her effort will incorporate all the tasks necessary to oversee the project. These tasks include updating Project Plans, assigning staff, scheduling meetings, reviewing status reports, addressing project issues, change orders, and preparing presentations for upper management. Offeror must provide project management resumes for all of project manager staff assigned to this project. Offeror shall be responsible to the State’s Project Manager. The Offeror’s Project Manager has overall responsibility for the project deliverables, schedule, and successful implementation of the software as planned and all activities of Offeror’s resources. 1.1 Summary of Project Management (PM) Deliverables: Offeror PM to work with State project team to develop a detailed project work plan Maintain and update project plan on a regular basis (at least weekly, if not daily). Project kickoff meeting. Project Management Plan Bi-weekly project status reports Up-to-date project issues log Up-to-date risk log Schedule and facilitate weekly project team meetings Provide meeting agenda. Provide meeting discussion log, action items and update issues and risk logs accordingly 1.2 Staffing Offeror shall identify all staff proposed for each project, resumes and availability. If any Offeror’s staff does not perform up to satisfactory standards as documented in the contract, the State shall inform the Offeror. When so informed, the Offeror shall either replace the staff member(s) or take remedial action agreed by the State to ensure performance at an acceptable level. Product Delivery Offeror shall deliver fully functional product with all specified functionality in whole Offeror shall create and conduct thorough testing tasks to ensure
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State of Utah
Bid VB15056
successful implementation of each module Data Migration Offeror will provide technical assistance for data conversions for each module. Offeror will be required to work with BEMSP and current provider to extract the current data and to accurately migrate the information into the new modules . BEMSP staff will assist with data element mapping and acceptance testing. Offeror will provide data migration assistance to individual hospitals that choose to transition to the trauma registry solution.
1.3 System Administration Offeror will provide adequate training and support to enable BEMSP staff to configure each module as needed with regard to: Business rules (including data validation rules) Custom elements Layout design Reports Security groups and permissions User profiles, including resetting of passwords and security codes Allow BEMSP administrators to configure settings relative to profile and password expiration reminders. Management of portal content and settings by BEMSP administrators to configure values for selection lists, various page and function default settings and other system settings as needed. 1.4 User Interface The solution must have a similar “look and feel” across all modules. All required elements must be clearly indicated. Solution affords consistent search functionality across modules using a variety of data elements and values. Search results are based on security groups and permissions that are agency/facility specific. Solution shall offer predictive text results across all modules. Solution must provide alerts for possible duplicate records which users may accept or reject. Solution auto populates city, county and state based upon zip code input. If a zip code is assigned to multiple cities, the solution shall offer a list of choices to the user. 1.5 Reporting The proposed system solution, at a minimum, must include a robust report builder that includes a library of pre-defined reports and enables BEMSP, hospitals and agencies to develop ad-hoc reports, and standing reports. The report builder must provide the BEMSP hospitals and agencies the ability to schedule automated report generation and distribution with a similar “look and feel” across
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State of Utah
Bid VB15056
modules. Solution will not limit the number of users who will have access to the report writer. Offeror must provide screen shots of the functionality of the report builder and examples of reports. BEMSP will have the ability to create access groups to the report writer that will determine which data set each group of user will be able to see as well as functionality to export, distribute, etc. reports. Solution will allow the user to create ad hoc reports. The data available in the ad hoc reports will include all data fields that are available on the data entry forms. Solution will allow the user to export the information from an ad hoc report to CSV/Excel, Word, HTML and PDF. Solution will allow the user to export the incident information to a map. Solution will allow users to schedule an ad hoc report to be run and distributed to specific recipients via email. The system will allow the user to create analytical reports that display the information in a grid/spreadsheet format. Solution will allow users to schedule an ad hoc report to be run and distributed to specific recipients via email. The system will allow the user to drill through an analytical report to view a list of the individual incidents. The system will allow users to create a variety of chart reports such as angular gauge, area, bar, column, funnel, pie, etc. The system will allow the user to set their chart reports so they are automatically run and shown to the user upon logging into the system.
1.6 Defect Tracking Offeror will provide a defect tracking process available to BEMSP staff on demand. Said process must include, at a minimum, the following: Defect description Related area of functionality Date identified Assigned support staff member Defect status (e.g. new, testing, customer feedback, etc.) Projected resolution date Actual resolution date Notes Allow for attachments Offeror will meet with BEMSP system administrator monthly to review outstanding issues Offeror must Include screenshots of defect tracking graphical user interface (GUI) 1.7 Training and documentation Offeror must include at least 3 days of live training per module reflected in the cost sheet, additional training must be identified on
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State of Utah
Bid VB15056
the cost sheet to key BEMSP staff and virtual training to other users prior to the initial roll out of each module. Offeror will provide on-going virtual training for any major changes or alterations during the life of the contract at no additional cost. Offeror will provide electronic training documentation for distribution to users. Said documentation must be editable by BEMSP as necessary to reflect user-defined fields, etc. Offeror will provide a training/testing environment that will be synchronized with the production environment no less than every 6 months. Said environment will be provided at no additional cost. Offeror must include a training plan proposal.
1.8 Support
1.9 Data Security
System administrators will have access to support 24/7/365 End users must have access to Help Desk support during the hours 7:00 am – 6:00 pm MST, 7 days per week. No cap on annual support and/or help desk tickets. Required updates of product to maintain compliance with relevant national standards
Offeror must submit security control attestation of their application as they pertain to the HIPPA Security Rule, and may use National Institute of Standards and Technology (NIST) Special Publication 800-66 version 1 as a guide.
2.0 References
Offeror will be scored based on the number of modules that are implemented at each location.
2.1. Additional Modules Offeror shall demonstrate additional registry capabilities including, but not limited to: Trauma Rehabilitation, Stroke, and STEMI. Additionally, Offeror shall demonstrate proven ability to provide full EMR integration for all modules and registries. The state reserves the right to acquire additional modules in the future. MANDATORY MINIMUM REQUIREMENTS/QUALIFICATIONS 1. Demonstrate the offer is a Single Vendor Solution to provide all modules required in this RFP. 2. Provide verifiable history of implementation of each of the three (3) modules (appendix A) offered in the solution - a minimum of three references from successful implementations in other states, at least one of which is at a state level State reference is required. All references shall be clients using at least two of the modules required in this RFP. 3. Offeror must Provide an implementation timeline that meets the major milestones outlined below. Agency is looking for an aggressive timeline, without compromising the integrity of the system. i. license management implementation (including all data elements
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State of Utah
4. 5. 6. 7. 8. 9.
Bid VB15056
listed in Appendix A) ii. pre-hospital implementation iii. trauma registry implementation Provide proof of Pre-hospital system NEMSIS v3.3.x state compliance to receive and process data Provide proof of Pre-hospital system NEMSIS v3.3.x agency compliance to collect data The offered solution for Pre-hospital system must simultaneously receive and process NEMSIS v3.3.x and v2.2.x data Demonstrate that the offered solution for Trauma registry system is compliant with the National Trauma Data Standard (NTDS) v1.0. All modules must be modifiable off the shelf (MOTS) requiring minimal modification and/or configuration Provide proof that all functional requirements as described in Appendices A and B are met with a point by point response.
The State reserves the right to conduct a background check of each person or entity that may assist in providing services under a response to this RFP to determine the person’s fitness and qualifications to fulfill the requirements of this RFP. The State may reject any response to this RFP that involves services from a person or entity that the State determines is unfit or unqualified to fulfill the requirements of this RFP. Upon request by the State, a respondent shall obtain, at respondent's expense, a criminal background check from the Utah Department of Public Safety, Bureau of Criminal Investigation for the respondent, each officer of the respondent, and each person associated with the respondent who will perform the work described in this RFP. Respondent will provide the State with the results of each criminal background check obtained.
PART 3: INFORMATION REQUIRED IN SUBMISSION OF A RESPONSE
PROPOSAL RESPONSE FORMAT Proposals should be concise, straightforward and prepared simply and economically. Expensive displays, bindings or promotional materials are neither desired nor required. However, there is no intent in these instructions to limit a proposal’s content or to exclude any relevant or essential data. Organize proposal response using each of the following specific headings. Failure to format your proposal as follows may result in disqualification. 1.
Section Title: RFP Form. The State’s Request for Proposal form completed and signed by the offeror.
2.
Section Title: Executive Summary. The one or two page executive summary is to briefly describe the offeror's proposal. This summary should highlight the
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State of Utah
Bid VB15056
major features of the proposal. The reader should be able to determine the essence of the proposal by reading the executive summary. 3.
Section Title: Protected Information. All protected/proprietary information must be identified in this section of the proposal response, by completing the Claim of Business Confidentiality form located at: http://www.purchasing.utah.gov/Offerorinformation.html If offeror’s proposal response contains protected/proprietary information (refer back to the Protected Information section of this RFP for additional information) then offeror must submit a redacted copy of the proposal response at the same time offeror submits its proposal response. The redacted copy of the offeror’s proposal response must be submitted in compliance with the other sections of this RFP. Offeror acknowledges that its proposal response or redacted copy will be made public upon the State’s receipt of a GRAMA request. Offeror will not be notified of any GRAMA request made to the State for offeror’s proposal response. If offeror submits a redacted copy then the State will respond to a GRAMA request for offeror’s proposal response with offeror’s redacted copy. However, if offeror fails to submit a redacted copy then the State will respond to a GRAMA request with offeror’s proposal response, which will result in offeror’s protected/proprietary information, if any, being made public. Offeror acknowledges that notations in the header, footer or watermark of the proposal response will not be considered sufficient to constitute a request for nondisclosure of protected/proprietary information.
4. Section Title: Potential Conflicts of Interest. Offeror must identify any conflict, or potential conflict of interest, that might arise during the course of the project. If no conflicts are expected, include a statement to that effect in the Proposal. 5. Section Title: Exceptions and Additions to the Standard Terms and Conditions. Proposed exceptions and additions to the Standard Terms and Conditions must be submitted in this section. Offeror must submit a redline document in Word format identifying the proposed exceptions to the RFP terms and conditions with the proposal submission for review and evaluation purposes. Website URLs, or information on website URLs may not be requested in the RFP document and may not be submitted with a proposal. URLs provided with a proposal may result in that proposal being rejected as non-responsive. URLs are also prohibited from any language included in the final contract document. Offeror must also provide the name, contact information, and access to the person(s) that will be directly involved in legal negotiations of the terms and conditions in the proposal response. If there are no exceptions and additions to the Standard Terms and Conditions, indicate “None” in this section.
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State of Utah
Bid VB15056
6. Section Title: Mandatory Requirements. Offeror must provide documentation/narrative demonstrating compliance with the stated Mandatory Minimum Requirements/Qualifications. Offeror’s failure to meet any one of the mandatory requirements will result in the proposal response being classified as non-responsive and will not move forward in the evaluation process. 7. Section Title: Detailed Technical Response. This section should constitute the major portion of the proposal and must be a concise overview of the offeror's assessment of the work to be performed, the offeror’s ability and approach, and the resources necessary to fulfill the requirements. This section should also include evidence of the offeror’s ability to meet all mandatory minimum requirements. This should demonstrate the offeror's understanding of the desired overall performance expectations. Clearly indicate any options or alternatives proposed. In any case wherein the offeror cannot comply with a provision outlined in the “Detailed Scope of Work”, such inability must be stated in response to the applicable requirement. Offeror must submit security control attestation of their application as they pertain to the HIPPA Security Rule, and may use National Institute of Standards and Technology (NIST) Special Publication 800-66 version 1 as a guide. 8. Section Title: Cost Proposal. Please enumerate all costs on Attachment B- Cost Sheet. Cost will be evaluated independently from the Technical response, and must be submitted separate from the Technical response. Inclusion of any cost or pricing data within the technical proposal may result in your proposal being judged as non-responsive.
PART 4: RESPONSE EVALUATION PROPOSAL EVALUATION All proposals in response to this RFP will be evaluated in a manner consistent with the Utah Procurement Code, rules, policies and the evaluation criteria established in the RFP. Each Offeror bears sole responsibility for the items included or not included within the response submitted by the Offeror. A committee will evaluate proposals against the weighted criteria identified. Each area of the evaluation criteria must be addressed in detail in proposal. Proposal Evaluation Process Stage 1: Initial Review
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State of Utah
Bid VB15056
In the initial phase of the evaluation process, the conducting procurement unit will review all proposals timely received. Unacceptable proposals (non-responsive proposals not conforming to RFP requirements or unable to meet the minimum and/or mandatory requirements) will be eliminated from further consideration. Stage 2: Technical Proposal Evaluation Acceptable proposals will be forwarded to the evaluation committee. Proposals will be evaluated against the proposal evaluation criteria as follows: Minimum Mandatory Requirements 1 Single Offeror Solution to provide all modules 2 References 3 Implementation Timeline Pre-hospital system MEMSIS v3.3x compliance to 4 receive and process Pre-hospital system MEMSIS v3.3x compliance to 5 collect data Pre-hosppital system must simultaneously 6 receive and process NEMSiS v3.3x and v2.2x 7 Compliant with NTDS v1.0 All modules must be modifiable off the shelf 8 (MOTS) Point by point response of requirements in 9 Appencides A and B
Scoreable Technical Criteria 1 Project Management 2 Staffing availability 3 User Interface/ Similar Look and feel 4 Reports 5 Defect Tracking 6 Training 7 References 8 Additional future registry capabilities
RFP Section MM MM MM MM MM MM MM MM MM
RFP Section 1.0 1.2 1.4 1.5 1.6 1.7 2.0 2.1
Offerors that achieve the minimum points required (please refer to evaluation score sheet) will proceed to Stage 3 Cost Proposal Evaluation. Offerors with a score of less than any minimum required technical score will be deemed unacceptable and ineligible for further consideration. Total technical points possible is _550_
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State of Utah
Bid VB15056
Minimum technical point threshold is 413* *If the Offeror does not receive a minimum of 413 technical points, the proposal will be disqualified. Stage 3: Cost Proposal Evaluation Firms successful in the technical evaluation will advance to Stage 3, Cost Proposal Evaluation as follows: Evaluation Criteria
Points
Cost
236 Points
The offeror with the lowest total cost will receive the maximum 300 points. All other offerors will receive points as determined by the ratio* of their cost to the lowest cost. Final cost scores will be calculated based on the following: *Ratio Calculation: Points assigned to each offeror’s cost proposal will be based on the lowest proposal price. The offeror with the lowest Proposed Price will receive 100% of the price points. All other offerors will receive a portion of the total cost points based on what percentage higher their Proposed Price is than the Lowest Proposed Price. An Offeror whose Proposed Price is more than double (200%) the Lowest Proposed Price will receive no points. The formula to compute the points is: Cost Points x (2- Proposed Price/Lowest Proposed Price).
COST-BENEFIT ANALYSIS The Utah Procurement Code §63G-6a-708, requires a cost-benefit analysis to be completed by the State if the highest score awarded by the Evaluation Committee, including the score for cost, is awarded to a proposal other than the lowest cost proposal, and the difference between the cost of the highest scored proposal and the lowest cost proposal exceeds the greater of $10,000 or 5% of the lowest cost proposal. The statute outlines the procedures and processes to be used by the State prior to making a final award. AWARD OF CONTRACT After the evaluation and final scoring of proposals is completed, the procurement officer shall award the contract as soon as practicable (except as provided in Section §63G-6a708 Cost Benefit Analysis) to the eligible responsive and responsible offeror with the highest score. The State reserves the right to award the contract(s) to a technically qualified lower cost offeror(s) in the event the high scoring offer is determined to not be the best value offered to the State, based on a cost benefit analysis. All offerors should note that Section 63G-6a-402(6) UCA requires the issuing procurement unit, for the duration of any contract awarded through this RFP, to make available contact information of the winning Offeror to the Department of Workforce Services in accordance with Section 35A-2-203 of the Utah Code. This requirement
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does not preclude a Offeror from advertising job openings in other forums throughout the state.
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State of Utah
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APPENDIX A – FUNCTIONAL REQUIREMENTS BY MODULE The Offeror’s proposed solution must demonstrate that the system solution meets and or exceeds the functional module requirements outlined in this section.
License & Certification Management Module
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Serves as the foundation of other modules such as Stroke, STEMI, Trauma, Pre-Hospital, etc. Is maintained as a web-based application with access for the general public as well as administrative staff and system administrators Provides the State with necessary functionality to manage all aspects of certification management for 50,000 personnel, 50 hospitals and 150 agencies, including o Web Based Customizable Public Web Portal Portal must be a responsive design to support mobile devices with a variety of browsers Allow for seamless integration with current and future State website(s) to include single sign-on centralized file maintenance synchronization of NEMSIS 2 and NEMSIS 3 demographic data Allow end users to look-up records and create accounts Field level permissions wherein the State may allow end users to view information and to update restricted data elements No restriction on the number of users who can be connected to the system simultaneously o On-line Application Processes Agencies/Services New Agency/Service Applications Renewal Applications Must allow for unlimited attachments Personnel Initial Renewals Reciprocity Lapsed Certifications Collections of related fees Must allow for unlimited attachments o Workflow Management and Creation The solution must provide the State to configure additional applications and corresponding workflows as needed. Characteristics of user-defined workflows is as follows: Allow the State to configure additional forms to support new types of license application processes as needed Allow the State to define the workflow associated with processing each new application using automated triggers to convert manual processes to automated ones for any type of license application Allow for automated, triggered, template correspondence either individually or in bulk for any system transaction. Allow for trigger-based functions to validate training requirement fulfillment. Allow for field level automated alerts based on answers provided by the applicant throughout the process Allow for State defined chains of approval on all applications to be managed through the Public Portal. i.e. agency directors can log into the portal to approve affiliations and medical directors can log into the portal to approve policy or protocols. Allow the State to update and define rules governing which types of users are able to apply for various licenses or complete specific
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State of Utah
Bid VB15056
applications for any given time period Ability to automatically retire a license based on date requirement and institute new license and all rules governing that new process. Allow the State to randomly audit applications based on desired thresholds, date ranges, application types and statuses. Ability to send automated notifications/reminders to users and applicants of the system based on conditions of their profile to include expiration dates, levels of certification, etc. Ability to send automated emails to State-defined roles within the system to notify these roles of the status of user/applicant within the system that they may have oversight Course Management Course listing for available courses Provide applicable contact info for course coordinator to allow for enrollment in new courses as needed Allow for course coordinators to manage course attendance and record test score results as required Allow the State to create and define Continuing Medical Education (CME) requirements associated with all license types Allow end users to view their individual CMEs through the Public Portal. Allow course coordinators to update student progress as required. Ability for State to configure application workflows in compliance with statute and administrative rule Workflow Engine and Correspondence to Support Course Application Processes Allow for both Pass/Fail and numerical test scores to be recorded Calculation of pass/fail rates by instructors Personnel Management Demographics Document management for personnel records Recording of internal notes Alert messages for personnel with outstanding issues to be resolved Audit trail for all changes to personnel records Automated storage of all system-generated correspondence to each provider Audit trail of attachments submitted by the provider Review of all charges applied and payment record for each personnel record Review pending applications Review certification history Multiple certifications (Paramedic, instructor, course coordinator, medical director, etc.) allowed for single provider Allow for single or multiple agency affiliations for providers Allow provider to declare affiliation with an agency and route to agency designee for approval Customized identification card production Allow for hard copy ID printing Allow for mobile device compatible e-ID Complaint and disciplinary action management Allow automated trigger based correspondence to any user Allow bulk correspondence to a selected distribution list Agency Management Demographics (including key contacts) Allow designated individuals to update and manage the personnel roster through the public portal, with updates flowing through to pre-hospital module Allow mass correspondence to key contacts (i.e. medical directors, agency directors, training officers, etc.) Service area tracking and management License and designation history management Mutual aid agreements Complaints and disciplinary action management
o
o
o
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State of Utah
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Document management Triggered alerts for agencies that have been flagged with licensing issues Allow review of personnel training history Vehicle roster management o Inspections Must allow for checklists to be defined by the State for various inspections and edited/updated as required Must allow for loading of State codes for deficiencies on both agency and vehicle inspections to facilitate ‘drop-down’ menus or rapid data entry by inspectors Inspection histories recorded for all agencies and vehicles Allow for attachment of documents, photos, and necessary items to support inspection findings, building plans, etc. Must allow State to configure rules around notification of upcoming inspections required time periods between inspections. o Investigations Management of investigation subjects Allow for permissions governing access to investigation data All inspections tied to subject record allowing for alerts to be generated on the subject record Allow for unlimited document attachments Record corresponding case numbers Allow for investigative notes Allow for public lookup of complaint/investigation history for agencies and providers Required Integrations o Allow for all personnel, agency, and vehicle demographic data to be managed within license management while populating pre-hospital system as updated o Allow for audit trail of data syncing between licensure and pre-hospital system o Allow for data to flow seamlessly from licensure to pre-hospital, to trauma registry o Allow for all demographic data to be managed EXCLUSIVELY through the license management solution with permissions granted only by the State for updates made from the pre-hospital system o Allow for nightly data updates from both NREMT and NAEMD o Allow for State selected payment gateway integration o Allow for future integration to State selected modules o Populate hospital demographics on pre-hospital system o Populate agency demographics on trauma system Data Elements o At a minimum, the license/certification solution must include the data elements listed in APPENDIX B.
Pre-hospital Module
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Patient Care Reports o New incident o Edit existing incident (constricted by role-based security) o Delete record (constricted by role-based security) o Linkage to other agencies’ related reports o Real time validation upon saving record o Records cannot be flagged ‘complete’ until all fatal edits are resolved. Workflow Management and Creation o Provide agencies with the ability to flag ePCRs for review based upon user-defined criteria and route said records to appropriate agency staff o Unlimited workflows per agency o Ability to modify/delete workflows o Alert messages for personnel with outstanding ePCRs Audit trail for all ePCR changes and/or retrievals Personnel Management
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State of Utah
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o o
Agency personnel demographics to be populated from license management system Updates to selected demographic elements may be posted from pre-hospital to license management as determined by BEMSP Agency Management o Agency demographics to be populated from license management system o Updates to selected demographic elements may be posted from pre-hospital to license management as determined by BEMSP o Allow designated individuals to update and manage the personnel roster through the prehospital portal, with updates flowing through to license management module Required Integrations o Allow for all personnel, agency, and vehicle demographic data to be managed within license management while populating pre-hospital system as updated o Allow for audit trail of data syncing between licensure and pre-hospital system o Allow for data to flow seamlessly from licensure to pre-hospital, to trauma registry o Allow for all demographic data to be managed EXCLUSIVELY through the license management solution with permissions granted only by the State for updates made from the pre-hospital system o Populate agency demographics on trauma system Data elements o consistent with NEMSIS v2.2.x and v3.3.x standards o solution supports NEMSIS v2.2.x and v3.3.x concurrently o modifiable by BEMSP staff for acceptable values, state-required elements, etc.
Trauma Registry Module
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Web Based Customizable Public Web Portal o Portal must be a responsive design to support mobile devices with the most current version of a variety of browsers o Allow for seamless integration with current and future State website(s) to include single sign-on centralized file maintenance Allow end users to look-up records and create accounts Field level permissions wherein the State may allow end users to view information and to update restricted data elements No restriction on the number of users who can be connected to the system simultaneously o Users and Security Field level permissions wherein the State may allow end users to view information and to update restricted data elements based on facility and role of user. The system will allow BEMSP to grant access to more than one hospital in the system for any individual user, e.g. if a trauma program manager or medical director is working with more than one hospital, the system will allow the user to access the information at each hospital without requiring the user to have more than one account in the system. Configurable data collection forms o The system will allow BEMSP to create and manage the data collection forms. The configuration of the forms must include: The ability to automatically show/not show values for elements based on a date range. The ability to manage one list of values while choosing which types of forms the values will be displayed on, e.g. trauma form vs. STEMI, stroke forms, etc. The system must allow BEMSP to manage multiple trauma forms that are appropriate for the hospitals entering the data, e.g. long form for seasoned abstractors vs. a short form for simplified data entry. Data Imports/Exports
p. 43
State of Utah
Bid VB15056
o
1/13/2015 2:37 PM
The system will allow individual users to create an export that conforms to the NTDB file formats. The user will have the option to include the TQIP process measures in the export file. As a part of the export process the system will re-run each incident against the NTDB validation rules for the submission year/channel they have selected and provide a report to user that identifies any incidents that that contained level 1-4 errors. o The system will allow individual users to import files that conform to the NTDB file format or, at BEMSP’s discretion, a file based on the NTDB format that includes all of the data in BEMSP’s data dictionary that exceeds the NTDB. o If BEMSP elects to collect more data than the NTDB, the system will contain an interface that allows BEMSP to determine what additional data will be accepted through the import. BEMSP will have the ability to generate the XSD that will be used by other Offerors who have individual hospital clients who will be importing their trauma data to BEMSP’s registry. o The Offeror for the system will provide a webservice API that can be used by other trauma Offerors to automatically submit data to BEMSP’s registry from individual hospitals. BEMSP’s Offeror will provide all documentation required to submit data through the webservice. Integration with other systems o The system will provide integration with BEMSP’s EMS system that allows the hospital user to search for patients that have been transported to their hospital by an EMS agency. Users may choose to either: view the completed ePCR in a PDF format that can be attached to the trauma incident or the Patient’s medical record import data from the ePCR into specific fields within the trauma form, e.g. agency demographics, field vital signs, etc. o The system will provide an integration that allows the hospital to send outcome information, such as the ED Discharge Disposition and Hospital Discharge Disposition, back to BEMSP’s EMS system as well as to referring hospitals. o The system will provide an integration that connects data between hospitals for a single incident, e.g. referring hospital to definitive care, etc. o The system will provide an integration that connects a hospital’s EMR to the trauma system via webservice. This integration can be used to automatically send data from the hospitals EMR that is used to create trauma incidents. This integration will allow the hospital to send data through the webservice in either an XML format that follows the NTDB file standard or in an HL7 format. The Offeror will provide all necessary documentation to the hospitals regarding said integration. Hospital configurations o The system will provide a dashboard that each user can configure that allows them to quickly see information available consistent with user permissions. o The user will have the ability to add links to other websites that are used frequently to assist with the entry and evaluation of trauma data. o The hospitals will be able to setup lists that contain: The EMS agencies who frequently transport patients to their hospital The hospitals who frequently transfer patients to their hospital The hospitals who they frequently transfer patients to The performance improvement audits that their hospital is focusing on for this quarter or year. o The hospitals will have the ability to create performance improvement audits that are not included in the list setup by BEMSP. o The hospitals will be able to create their own questions to collect data in addition to what is included in BEMSP’s data dictionary. Complication and Performance Improvement requirements
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State of Utah
o
o
o
1/13/2015 2:37 PM
Bid VB15056
The system will allow hospitals to collect information on any complication that occurred with an individual patient. The information will include items such as preventability, judgment, determination, staff involved and related notes. The system will not restrict the number of individual notes that can be added. The system will restrict BEMSP administrators from viewing any information beside the name of the complication The system will allow hospitals to collect information regarding performance improvement audits, including, but not limited to preventability, judgment, determination, staff involved and related notes, etc. The system will not restrict the number of individual notes that can be added. The system will restrict system administrators from viewing any information beside the name of the performance improvement audit
p. 45
State of Utah
Bid VB15056
APPENDIX B – EXISTING SYSTEM INTEGRATION AND AUTOMATION POINTS The Offeror’s proposed solution must demonstrate that the system solution meets and or exceeds the functional module requirements outlined in this section. Utah Responds DOPL and EMT Update System: BEMS Sends nightly extracts of DOPL and EMT certification data to volunteer registry so that credentials can be verified when volunteers register. Web Site: Agency Lists System: BEMS Pages on the Bureau Web site display directories of EMS agencies, dispatch agencies, and recertification testing and training agencies by querying the BEMS database. Web Site: Certification Counts System: BEMS Page on the Bureau Web site displays a count of currently certified EMS personnel, by certification level, by querying the BEMS database. CARES Post System: POLARIS Transfers a CARES case from POLARIS (NEMSIS 2) to the CARES system upon request of BEMSP CARES coordinator. Must be updated to handle both NEMSIS 2.2.x and NEMSIS 3.3.x data. IBIS Pre-hospital System: POLARIS Extracts an annual pre-hospital dataset for publication in the DOH Indicator-Based Information System (IBIS) for public health. IBIS Trauma System: TraumaBase, POLARIS An export job in TraumaBase is used to extract an annual trauma dataset for IBIS. An automated job in POLARIS performs transformations to prepare the dataset for publication in IBIS. UTCODES System: POLARIS Extracts an annual pre-hospital dataset in NEMSIS 2 XML format for the CODES project. (Scheduled for update to handle both NEMSIS 2 and NEMSIS 3 data.) ETL ED System: ED (SAS), POLARIS An export job in the SAS data store for ED data is used to manually export an annual ED dataset. Once the file is transferred to POLARIS, an automated job loads it into an SQL database on the POLARIS servers. ETL ED Linkage System: POLARIS After new ED data are loaded, an automated job executes a linkage algorithm and updates existing records in the pre-hospital data warehouse with ED outcome data.
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State of Utah
Bid VB15056
ETL POLARIS System: POLARIS Nightly ETL job processes NEMSIS 2 data into the pre-hospital data warehouse. Includes several routines for cleaning data: integration of personnel certification data from BEMS; location lookup, verification, cleaning, and geocoding using AGRC services; medication name cleaning using a lookup list; and logic enforcement on elements such as date/times and co-dependent elements (e.g., cardiac arrest and trauma/injury sections). Loads data into a consolidated data warehouse that holds data from both NEMSIS 2 and NEMSIS 3 sources. ETL POLARIS3 System: POLARIS Nightly ETL job processes NEMSIS 3 data into the pre-hospital data warehouse. Includes several routines for cleaning data, as noted in the “ETL POLARIS” job above. ETL Trauma Linkage System: TraumaBase, POLARIS An export job in TraumaBase is used to manually export trauma registry data. Once the data file is transferred to POLARIS, an automated job executes a linkage algorithm and updates existing records in the pre-hospital data warehouse with trauma outcome data. National EMS Database System: POLARIS On a monthly basis, submits NEMSIS 2 agency demographic data and PCR data to the national EMS database. PCR Destination Cleaning System: POLARIS On an hourly basis, corrects misspellings of destination names (E20_01) received from third party systems using a lookup list. Web Services Operations System: POLARIS POLARIS offers the following web services operations in its NEMSIS 2-compliant system: export agency demographics (national elements, state elements, or all elements); export PCRs (national elements, state elements, or all elements); export PCRs in PDF format; export user roles; import PCRs; search PCRs; search Users; update agency demographics; update PCRs; and update user roles. The following future Integration jobs are contracted for completion by June 30, 2015: CARES Outcome Data System: POLARIS Automated job will extract data from completed records in the CARES system and update existing records in the pre-hospital data warehouse with cardiac arrest outcome information. Crash Repository System: POLARIS Nightly job will use web services on POLARIS and the crash repository to search for records updated since the last run, execute a linkage algorithm, update existing records in the pre-hospital data warehouse with data from crash records, and send certain data elements from linked pre-hospital records to the crash repository.
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State of Utah
Bid VB15056
APPENDIX C – EXISTING REPORTS BY MODULE The Offeror’s proposed solution must demonstrate that the system solution meets and or exceeds the functional module requirements outlined in this section. BEMS BCI 2-year Checks: List of EMTs who need to have the 2-year BCI check performed this quarter.
Course Test Results: Report covering each course that ended during the specified timeframe, providing information about the students’ initial attempt practical and written test results.
Course Test Results (E-mail): Monthly job that sends a report to each course coordinator whose course ended 5 months ago (>120 days), providing information about the students’ initial attempt practical and written test results. Also sends summary to BEMS staff.
Upcoming Expirations: Count of upcoming certification expirations by quarter and certification level.
Practical Test Volume: Practical test volume for recent practical test sites within a given date range.
Probations: Report of certifications placed on probation during specified timeframe, so that updated certification cards can be sent, with the probation end date as the expiration date.
Agency Expiration Report (E-mail): Monthly job that sends an e-mail to BEMS staff to notify them of agency licenses/designations that have just expired or are about to expire.
BEMSP Staff Birthdays (E-mail): Job to send out e-mails about bureau staff members’ birthdays.
Course Start/End (E-mail): Job that sends an e-mail to the course coordinator for each course that either starts or ends on today's date. The e-mail reminds the course coordinator of paperwork requirements.
Grants Agency Roster (E-mail): Sends an e-mail to the contact person at each agency with information about the EMS grants application process. The e-mail inclues the agency's roster as an attachment in Excel format.
Practical Test Volume Summary (E-mail): Weekly job that sends a summary to BEMS staff regarding practical test volume for recent practical test sites.
POLARIS Cardiac Arrest Listing: Provides a case log of cardiac arrests for a date range you specify.
Cardiac Arrest Report: Summarizes cardiac arrests encountered by EMS professionals.
Data Quality Report: Compares the completeness of certain NEMSIS data elements on your PCRs with statewide data.
EMS Professional Activity Report: Summarizes an individual EMS professional's activity.
Fluid Volume Listing: Provides a case log of PCRs where normal saline was administered, showing fluid amounts and blood pressure measurements.
General Report: Provides a quick breakdown of your data by various dimensions.
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State of Utah
Incident Listing: Provides a case log of PCRs for a date range you specify. Also lists any PCRs that do not have an incident date.
Incident Map: Provides a GIS file of incidents for a date range you specify, for viewing in a map program such as Google Earth.
Payroll Report: Lists each agency employee and the incidents they've been on, and calculates the number of hours to pay.
Pediatric Vital Signs Report: Evaluates how often blood pressure, pulse rate, pulse oximetry, and respiratory rate are collected in pediatric patients.
Permissive Hypotension Report: Evaluates the appropriateness of blood pressure management on hypotensive adult trauma cases.
Response Time Listing: Provides a case log of PCRs for a date range you specify, showing the EMS times for each PCR (response, scene, transport, turn-around, etc.).
Stroke Report: Summarizes EMS responses to strokes.
Timeliness Report: Reports on the timeliness of creating and completing PCRs.
Treatment/Transport Listing: Provides a case log of PCRs where a patient was treated, for a date range you specify, showing patient name, resident status, and information about the EMS response and transport.
CARES Report (E-mail): Daily e-mail to notify CARES coordinator of new potential CARES cases in POLARIS.
Monthly Data Compliance Report (E-mail): Monthly report to notify each EMS agency of its level of data compliance during the previous month. Also sends summary to BEMS staff.
Multidimensional Analysis: Multidimensional analysis provides access to every NEMSIS 2 and NEMSIS 3 data element in the data warehouse, plus additional data integrated from other sources. Various links have been designed to serve as convenient entry points into Multidimensional Analysis.
Bid VB15056
TraumaBase
Volume Report All Patients: At will report to show the number of records submitted monthly by facility for 18 rolling months.
Volume of Completed Records by Date
Open Records without Edits: Identifies eTraumaBase records that have no failing edits that have not yet been saved by facility staff.
Closed Records with Edits: Identifies eTraumaBase records with non-fatal edits.
Submission Detail Report: Shows the submission number and number of records along with submission status for each trauma records upload by facilities.
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p. 49
State of Utah
Bid VB15056
APPENDIX D – LICENSE AND CERTIFICATION DATA ELEMENTS The Offeror’s proposed solution must demonstrate that the system solution meets and or exceeds the functional module requirements outlined in this section. Personnel o Primary Key o First Name o Middle Initial o Last Name o Suffix o Maiden Name o Alias (unlimited) o SSN o Gender o Date of Birth o Height o Weight o Eye Color o Street Address Line 1 o Street Address Line 2 o City o County o State o Zip o Mailing Address Line 1 o Mailing Address Line 2 o Mailing Address City o Mailing Address County o Mailing Address State o Mailing Address Zip o International Address o Home Phone o Work Phone o Cell Phone o E-Mail (x2) o Driver License Number o Driver License State o EMS ID o NREMT Number o NREMT Expiration Date o Other State EMS ID o Other State Expiration Date o Share Info Flag o Primary Affiliation o Secondary Affiliation (unlimited) Testing o Type (state configurable list) o Date Taken (multiple) o Results (multiple) o Course completion approval by Instructor/Coordinator o Continuing Education credits o Continuing Education completion attestation o Requirement Checklist for Licensure Personnel Licensure
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p. 50
State of Utah
Bid VB15056
o
1/13/2015 2:37 PM
License Application History for all applications Type (state configurable list) Application Status Exam Results Requirement Completion Checklist o Certification History for all certifications held Type (state configurable list) Initial Certification Date Renewal Date Expiration Date EMS Agency o Agency Primary Key o Agency name o Agency number o Street Address Line 1 o Street Address Line 2 o City o County o State o Zip o Mailing Address Line 1 o Mailing Address Line 2 o Mailing Address City o Mailing Address County o Mailing Address State o Mailing Address Zip o Main Phone Number o Main Fax Number o URL o Ownership Type o Service Level o Dispatch Agency o Federal ID # o Key Contacts Contact Type (state configurable list) Contact First Name Contact Middle Initial Contact Last Name Contact Business Phone Number Contact Cell Phone Number Contact Email Address o Affiliated personnel o Variances Granted Date Granted Type (state configurable list) Expiration Date o Investigations and Inspections History Date Type (state configurable list) Inspector Name Result o Region Affiliation o License history o Mutual Aid Agencies o Service area (town names, square miles, etc.) o Insurance information General Liability
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State of Utah
1/13/2015 2:37 PM
Bid VB15056
Worker’s Compensation Professional Liability Vehicle Coverage Agency Licensure o License History Service Level Requirement Completion Checklist Initial Licensure Date Renewal Date (unlimited) Expiration Date (unlimited Vehicle Licenses o Vehicle Name o Vehicle Year o VIN o Description o Unit Call Sign Investigation History o Type (state configurable list) o Description o Status (pending, complete, etc.) o Respondent(s) name(s) o Investigator decision o Date initiated o Date concluded o Action o Follow-Up Date Hospital/Facility Designation o Facility Primary Key o Facility name o Facility number o Street Address Line 1 o Street Address Line 2 o City o County o State o Zip o Mailing Address Line 1 o Mailing Address Line 2 o Mailing Address City o Mailing Address County o Mailing Address State o Mailing Address Zip o Main Phone Number o Main Fax Number o URL o Ownership Type o Federal Tax ID # o Key Contacts o Contact Type (state configurable list) o Contact First Name o Contact Middle Initial o Contact Last Name o Contact Business Phone Number o Contact Cell Phone Number o Contact Email Address o Verification History Date Type (state configurable list)
p. 52
State of Utah
Bid VB15056
Inspector Name Result Region Affiliation Requirement Completion Checklist Initial Verification Date Renewal Date (unlimited) Expiration Date (unlimited
Offerors can access applicable data dictionaries through the following links: Utah Trauma Registry Data Dictionary: http://www.utahtrauma.org/publicResources/utahTraumaDataDictionary.html NEMSIS v2.2.1 Data Dictionary: http://nemsis.org/v2/downloads/datasetDictionaries.html NEMSIS v3.3.4 Data Dictionary: http://nemsis.org/v3/downloads/datasetDictionaries.html
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p. 53
State of Utah
Bid VB15056
VB15056 - EMS NEMSIS Data System RFP EVALUATION SCORESHEET Score will be assigned as follows: Firm Name:
1 = Poor, fails to address the requirements in the RFP
Evaluator:
2 = Fair, addresses the requirements described in the RFP unsatisfactorily 3 = Good, addresses all requirements described in the RFP satisfactorily
Date:
4 = Very Good, addresses all the requirements described in the RFP and may exceed some 5 = Superior, addresses all requirements and exceeds them
Minimum Mandatory Requirements 1 Single Offeror Solution to provide all modules 2 References 3 Implementation Timeline Pre-hospital system MEMSIS v3.3x compliance to 4 receive and process Pre-hospital system MEMSIS v3.3x compliance to 5 collect data Pre-hosppital system must simultaneously receive and 6 process NEMSiS v3.3x and v2.2x 7 Compliant with NTDS v1.0
RFP Section MM MM MM
Notes
Evaluation
MM MM MM MM
8 All modules must be modifiable off the shelf (MOTS) MM Point by point response of requirements in Appencides 9 A and B MM FALSE
Scoreable Technical Criteria 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
Project Management Staffing availability User Interface/ Similar Look and feel Reports Defect Tracking Training References Additional future registry capabilities
RFP Section
Evaluator Score
Criteria Weight
% of Tech Criteria
Points Possible
Total
1.0 1.2 1.4 1.5 1.6 1.7 2.0 2.1
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 70%
20 20 15 15 10 10 10 10 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
18.2% 18.2% 13.6% 13.6% 9.1% 9.1% 9.1% 9.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%
100 100 75 75 50 50 50 50 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 550
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
RFP Section
Points Earned
Min Percent
Percent Earned
75%
0.0%
Fail
RFP Section
Low Cost Option
Offered Cost
Percent of Total 30%
Points Possible 236
Double Check Meets Minimum Percentage of Technical Points Offeror must earn 413 points to advance to cost Cost
Proceed to Scoring
Strengths and Weaknesses - Score Justification
Evaluation
Points Earned 0
* Purchasing will use the following cost formula: The points assigned to each offerors cost proposal will be based on the lowest proposal price. The offeror with the lowest Proposed Price will receive 100% of the price points. All other offerors will receive a portion of the total cost points based on what percentage higher their Proposed Price is than the Lowest Proposed Price. An offeror whose Proposed Price is more than double (200%) the Lowest Proposed Price will receive no points. The formula to compute the points is: Cost Points x (2- Proposed Price/Lowest Proposed Price).
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p. 54
State of Utah
Question and Answers for Bid #VB15056 - EMS NEMSiS Data System
Bid VB15056
5
OVERALL BID QUESTIONS There are no questions associated with this bid. Question Deadline: Jan 19, 2015 12:00:00 PM MST
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