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STATE OF MISSOURI OFFICE OF ADMINISTRATION DIVISION OF PURCHASING (PURCHASING) REQUEST FOR PROPOSAL (RFP) SOLICITATION/OPPORTUNITY (OPP) NO.: RFPT30034901701145 REQ NO.: NR 300 31887000013 TITLE: PATIENT CANTEEN SOFTWARE/POS SYSTEM BUYER: Daniel Engler ISSUE DATE: 7/7/2017 PHONE NO.: (573) 522-0001 E-MAIL: [email protected] RETURN BID NO LATER THAN: 8/2/2017 AT 2:00 PM CENTRAL TIME (END DATE) VENDORS ARE ENCOURAGED TO RESPOND ELECTRONICALLY THROUGH HTTPS://MISSOURIBUYS.MO.GOV BUT MAY RESPOND BY HARD COPY (See Mailing Instructions Below) MAILING INSTRUCTIONS: Print or type Solicitation/OPP Number and End Date on the lower left hand corner of the envelope or package. Delivered sealed bids must be in the Purchasing office (301 W High Street, Room 630) by the return date and time. (U.S. Mail) (Courier Service) RETURN BID TO: PURCHASING or PURCHASING PO BOX 809 301 WEST HIGH STREET, ROOM 630 JEFFERSON CITY MO 65102-0809 JEFFERSON CITY MO 65101-1517 CONTRACT PERIOD: Date of Award through One Year DELIVER SUPPLIES/SERVICES FOB (Free On Board) DESTINATION TO THE FOLLOWING ADDRESS: ITSD/DMH 1706 East Elm Street Jefferson City, MO 65101 The vendor hereby declares understanding, agreement and certification of compliance to provide the items and/or services, at the prices quoted, in accordance with all requirements and specifications contained herein and the Terms and Conditions Invitation for Bid (Revised 10/19/15). The vendor further agrees that the language of this RFP shall govern in the event of a conflict with his/her bid. The vendor further agrees that upon receipt of an authorized purchase order from the Division of Purchasing or when a Notice of Award is signed and issued by an authorized official of the State of Missouri, a binding contract shall exist between the vendor and the State of Missouri. The vendor shall understand and agree that in order for their bid to be considered for evaluation, they must be registered in MissouriBUYS. If not registered at time of bid opening, the vendor must register in MissouriBUYS upon request by the state immediately after bid opening. SIGNATURE REQUIRED VENDOR NAME MissouriBUYS SYSTEM ID (SEE VENDOR PROFILE - MAIN INFORMATION SCREEN) MAILING ADDRESS CITY, STATE, ZIP CODE

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Page 1: informationtechnologyrfps.com viewinformationtechnologyrfps.com

STATE OF MISSOURIOFFICE OF ADMINISTRATIONDIVISION OF PURCHASING (PURCHASING)REQUEST FOR PROPOSAL (RFP)

SOLICITATION/OPPORTUNITY (OPP) NO.: RFPT30034901701145 REQ NO.: NR 300 31887000013TITLE: PATIENT CANTEEN SOFTWARE/POS SYSTEM BUYER: Daniel EnglerISSUE DATE: 7/7/2017 PHONE NO.: (573) 522-0001

E-MAIL: [email protected]

RETURN BID NO LATER THAN: 8/2/2017 AT 2:00 PM CENTRAL TIME (END DATE)

VENDORS ARE ENCOURAGED TO RESPOND ELECTRONICALLY THROUGH HTTPS://MISSOURIBUYS.MO.GOV BUT MAY RESPOND BY HARD COPY (See Mailing Instructions Below)

MAILING INSTRUCTIONS: Print or type Solicitation/OPP Number and End Date on the lower left hand corner of the envelope or package. Delivered sealed bids must be in the Purchasing office (301 W High Street, Room 630) by the return date and time.

(U.S. Mail) (Courier Service)RETURN BID TO: PURCHASING or PURCHASING

PO BOX 809 301 WEST HIGH STREET, ROOM 630JEFFERSON CITY MO 65102-0809 JEFFERSON CITY MO 65101-1517

CONTRACT PERIOD: Date of Award through One YearDELIVER SUPPLIES/SERVICES FOB (Free On Board) DESTINATION TO THE FOLLOWING ADDRESS:

ITSD/DMH1706 East Elm Street

Jefferson City, MO 65101

The vendor hereby declares understanding, agreement and certification of compliance to provide the items and/or services, at the prices quoted, in accordance with all requirements and specifications contained herein and the Terms and Conditions Invitation for Bid (Revised 10/19/15). The vendor further agrees that the language of this RFP shall govern in the event of a conflict with his/her bid. The vendor further agrees that upon receipt of an authorized purchase order from the Division of Purchasing or when a Notice of Award is signed and issued by an authorized official of the State of Missouri, a binding contract shall exist between the vendor and the State of Missouri. The vendor shall understand and agree that in order for their bid to be considered for evaluation, they must be registered in MissouriBUYS. If not registered at time of bid opening, the vendor must register in MissouriBUYS upon request by the state immediately after bid opening.

SIGNATURE REQUIRED

VENDOR NAME

     

MissouriBUYS SYSTEM ID (SEE VENDOR PROFILE - MAIN INFORMATION SCREEN)

     MAILING ADDRESS

     CITY, STATE, ZIP CODE

     

CONTACT PERSON

     

EMAIL ADDRESS

     PHONE NUMBER

     

FAX NUMBER

     VENDOR TAX FILING TYPE WITH IRS (CHECK ONE)

___ Corporation ___ Individual ___ State/Local Government ___ Partnership ___ Sole Proprietor ___IRS Tax-ExemptAUTHORIZED SIGNATURE DATE

     PRINTED NAME

     

TITLE

     

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RFPT30034901701145 2

Instructions for Submitting a Solicitation Response

The Division of Purchasing is now posting all of its bid solicitation documents on the new MissouriBUYS Bid Board (https://www.missouribuys.mo.gov). MissouriBUYS is the State of Missouri’s web-based statewide eProcurement system which is powered by WebProcure, through our partner, Perfect Commerce.

For all bid solicitations, vendors now have the option of submitting their solicitation response either as an electronic response or as a hard copy response. As a means to save vendors the expense of submitting a hard copy response and to provide vendors both the ease and the timeliness of responding from a computer, vendors are encouraged to submit an electronic response. Both methods of submission are explained briefly below and in more detail in the step-by-step instructions provided at https://missouribuys.mo.gov/pdfs/how_to_respond_to_a_solicitation.pdf. (This document is also on the Bid Board referenced above.)

Notice: The vendor is solely responsible for ensuring timely submission of their solicitation response, whether submitting an online response or a hard copy response.  Failure to allow adequate time prior to the solicitation end date to complete and submit a response to a solicitation, particularly in the event technical support assistance is required, places the vendor and their response at risk of not being accepted on time.

ELECTRONIC RESPONSES : To respond electronically to a solicitation, the vendor must first register with MissouriBUYS by going to the MissouriBUYS Home Page (https://missouribuys.mo.gov), clicking the “Register” button at the top of the page, and completing the Vendor Registration . Once registered the vendor should log back into MissouriBUYS and edit their profile by selecting the organizational contact(s) that should receive an automated confirmation of the vendor’s electronic bid responses successfully submitted to the state.

To respond electronically to a solicitation, the vendor must login to MissouriBUYS, locate the desired solicitation on the Bid Board, and, at a minimum, the vendor must read and accept the Original Solicitation Documents and complete pricing and any other identified requirements. In addition, the vendor should download and save all of the Original Solicitation Documents on their computer so that they can prepare their response to these documents. Vendors should upload their completed response to these downloaded documents (including exhibits, forms, and other information concerning the solicitation) as an attachment to the electronic solicitation response.  Step-by-step instructions for how a registered vendor responds to a solicitation electronically are available on the MissouriBUYS system at:   https://missouribuys.mo.gov/pdfs/how_to_respond_to_a_solicitation.pdf.

o Vendors are encouraged to submit their entire bid electronically; however in lieu of attaching exhibits, forms, pricing, etc. to the electronic solicitation response, a vendor may submit the exhibits, forms, pricing, etc. through mail or courier service.  However, any such submission must be received prior to the solicitation’s specified end date and time.  Be sure to include the solicitation/opportunity (OPP) number, company name, and a contact name on any hard copy solicitation response documents submitted through mail or courier service. 

o In the event a registered vendor electronically submits a solicitation response and also mails hard copy documents that are not identical, the vendor should explain which response is valid for the state's consideration.  In the absence of such explanation, the state reserves the right to evaluate and award the response which serves its best interest. 

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RFPT30034901701145 3

Addendum Document: If an addendum document is subsequently issued, please follow these steps to accept the addendum document(s).

1. If you have not accepted the original solicitation document go to the Overview page, find the section titled, Original Solicitation Documents, review the solicitation document(s) then click on the box under Select, and then click on the Accept button.

2. To accept the addendum document, on the Overview page find the section titled Addendum Document, review the addendum document(s) then click on the box under Select, and then click on the Accept button.

Note: If you submitted an electronic response prior to the addendum date and time, you should review your solicitation response to ensure that it is still valid by taking into consideration the revisions addressed in the addendum document. If a revision is needed to your solicitation response and/or to indicate your acceptance of the addendum document, you will need to retract your response and re-submit your response by following these steps:

1. Log into MissouriBUYS.2. Select the Solicitations tab.3. Select View Current Solicitations.4. Select My List.5. Select the correct Opportunity Number (Opportunity No); the Overview page will display.6. Click on Review Response from the navigation bar.7. Click on Retract if your response needs to be revised.8. A message will come up asking, “Are you sure you want to retract the Bid”. Click on Continue

to confirm.9. Click on Respond and revise as applicable.10. Click on Review Response from the navigation bar and then click on Submit to submit your

response.

HARD COPY RESPONSES : Be sure to include the solicitation/opportunity (OPP) number, company name, and a contact name on any hard copy solicitation response documents. 

End of Instructions for Submitting Solicitation Response

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RFPT30034901701145 4

TABLE OF CONTENTS

This document, referred to as Request for Proposal (RFP), is divided into the following parts:

Part One: Introduction and General InformationPart Two: Scope of WorkPart Three: General Contractual RequirementsPart Four: Bid Submission, Evaluation, and Award InformationExhibit A Pricing PageExhibit B Experience of OrganizationExhibit C Method of PerformanceExhibit D Participation CommitmentExhibit E Business entity Certification, Enrollment Documentation, and Affidavit of Work AuthorizationExhibit F Miscellaneous Information

Attachment 1 Distributed Systems Patch and Firmware Management PolicyAttachment 2 Windows Shared HostingAttachment 3 Project Assessment Quotation FormAttachment 4 Project Deliverable Acceptance FormAttachment 5 Process Flow of the Canteen Scan Wedge UtilityAttachment 6 Canteen web interface application description

Attachments: The vendor is advised that the attachments to this document referenced above provide additional requirements, information, and/or instruction. The attachments are incorporated in this document.

END OF TABLE OF CONTENTS

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RFPT30034901701145 5

1. INTRODUCTION AND GENERAL INFORMATION

This section of the RFP includes a brief introduction and background information about the intended acquisition for which the requirements herein are written. The contents of this section are intended for informational purposes and do not require a response.

1.1 Introduction:

This document constitutes a request for competitive, sealed bids for the provision of complete point of sale system for the canteens/dietary departments at the Department of Mental Health facilities as set forth herein.

1.2 RFP Questions:

1.2.1 It is the vendor’s responsibility to ask questions, request changes or clarifications, or otherwise advise the Division of Purchasing if the vendor believes that any language, specifications, or requirements are: (1) ambiguous, (2) contradictory or arbitrary, (3) violate any state or federal law or regulation, (4) restrict or limit the requirements to a single source, or (5) restrict or limit the vendor’s ability to submit a proposal.

a. Except as may be otherwise stated herein, the vendor and the vendor’s agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the RFP, the solicitation process, the evaluation, etc., to the buyer of record indicated on the first page of this RFP.  Inappropriate contacts to other personnel are grounds for suspension and/or exclusion from specific procurements.  Vendors and their agents who have questions regarding this matter should contact the buyer.

1. The vendor may contact the Office of Equal Opportunity (OEO) regarding Minority Business Enterprise/Women Business Enterprise (MBE/WBE) certification or subcontracting.

1.2.2 Questions and issues relating to the RFP must be directed to the buyer, Daniel Engler. It is preferred that questions be e-mailed to the buyer at [email protected].

1.2.3 All questions and issues should be submitted no later than ten calendar days prior to the due date of the proposals. If not received prior to ten days before the proposal due date, the Division of Purchasing may not be able to fully research and consider the respective questions or issues.

1.2.4 The Division of Purchasing will attempt to ensure that a vendor receives an adequate and prompt response, if applicable. Upon the Division of Purchasing’s consideration of questions and issues, if the Division of Purchasing determines that changes are necessary, the resulting changes will be included in a subsequently issued RFP addendum(s); absence of such response indicates that the questions and issues were considered but deemed unnecessary for a RFP addendum as the questions and issues did not provide further revision or clarity to the RFP or that time was not available to provide a response. All vendors will be advised of any change to the RFP’s language, specifications, or requirements by a formal addendum to the RFP. There will be no posted written records of the questions/communications (i.e., formal question/answer document).

NOTE: The only official position of the State of Missouri shall be that which is contained in the RFP and any addendums thereto.

1.3 Glossary of Terms and Acronyms:

1.3.1 Whenever the following terms and acronyms appear in the RFP document or any addendum thereto, the definition or meaning described below shall apply.

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Terms/Acronyms DefinitionOA Office of AdministrationITSD Information Technology Services DivisionDMH Department of Mental HealthCIMOR Consumer Information Management Outcomes and ReportingMeta Computerized Physician Order Entry (CPOE) system

For additional information see http://www.metacaresolutions.com/ehr-solutions/metacare-enterprise-ehr/computerized-prescriber-order-entry-cpoe/

CBM Gift Shop website Display of current inventory in the Canteen. This would be a new feature that is currently not in the existing system.

1.4 Background and Historical Usage Information:

1.4.1 DMH has a need to replace the current canteen system at the following facilities:

a. Fulton State Hospital, 600 E 5th St, Fulton, MO 65251;

b. St. Louis Psychiatric Rehabilitation Center, 5300 Arsenal St, St. Louis, MO 63139;

c. Center for Behavioral Medicine, 1000 E 24th St Kansas City, MO 64108;

d. Northwest Missouri Psychiatric Rehabilitation Center, 3505 Frederick Ave, St Joseph, MO 64506; and

e. Southeast Missouri Mental Health Center, 1010 W Columbia St Farmington, Missouri 63640.

1.4.2 The canteen system consists of seven physical shops installed within the five (5) facilities.

a. The Fulton facility will have three (3) physical shops installed.

b. The follow facilities will each have one (1) physical shop:

1. St. Louis Psychiatric Rehabilitation Center.

2. Center for Behavioral Medicine.

3. Southeast Missouri Mental Health Center.

4. Northwest Missouri Psychiatric Rehabilitation Center.

c. Additional sites/locations may be added in the future.

1.4.3 The existing system (Microsoft RMS and aka: ProPOS or Point of Sale or Canteen) manages inventory tracking(including intra-facility transfers), provides a full Point of Sale (as both cash and a debit card system) including returns, tracks purchases, interfaces with Consumer Banking, accepts coupons, facilitates ordering, and reports on the aforementioned functions. The existing system is a role-based system, and permissions can be customized based on the role selected. The existing system is a Windows-based, client-server application with a SQL Server backend. Please also note that there are two internally developed interfaces: Canteen Web Interface and Canteen Scan Wedge Utility. The functionality for both of these is included in attachments 005 and 006.

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RFPT30034901701145 7

1.4.4 The software supports the client/staff canteen system which allows client purchases, supports inventory, tracks charges and provides vocational training opportunities to clients by allowing them to gain valuable retail work experience. It aids in client safety by performing a consumer lookup from a badge scan thereby limiting exposure risks to allergens excluded by their current treatment plan.

1.4.5 List of current equipment at DMH facilities include:

a. PreKeytec MCI3100 with programmable POS buttons for register functions.

b. Planar PT701MU-BL – Capacitive Touch Screen

c. Epson M129H receipt printer

d. SymbolLS9100 scanner

e. Hand Held Scanner, Metrologic Model MS9520

f. Hand Held Scanner, Symbol Model LS-9100-400BB

g. Receipt Printer, Epson Model TM-88iv

h. Receipt Printer, Epson Model M 129H

i. Shopper Display, Logic Control Model PD3000U-BK

j. Cash Drawer, MMF Model 226

k. Cash Drawer, MMF Model 647498

1.5 Accuracy of Background Information:

1.5.1 Although an attempt has been made to provide accurate and up-to-date information, the State of Missouri does not warrant or represent that the background information provided herein reflects all relationships or existing conditions related to this Request for Proposal.

END OF PART ONE: INTRODUCTION AND GENERAL INFORMATION

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RFPT30034901701145 9

2. SCOPE OF WORK

This section of the RFP includes requirements/desirable attributes and provisions relating specifically to the scope of work requirements of the agency. The contents of this section include mandatory requirements that will be required of the successful vendor and subsequent contractor. The vendor is requested to provide responses to the requirements/desired attributes in this section pursuant to the directions identified herein. The vendor’s response, whether responding to a mandatory (M) requirement or a desired (D) attribute, will be binding in the event the proposal is accepted by the state.

Section 2.1 through Section 2.26 of the RFP requirements identified herein request a response to each requirement/desired attribute using the method below. When responding to these sections of the RFP, the vendor is instructed to use the following descriptions and approach when constructing their response to the requirement/desired attribute.

Response Abbreviation DescriptionMandatory Requirement/Desirable Attribute

Mand/Desir This column indicates whether the requirement is either mandatory or desirable. Mandatory which means that a certain feature, component, or action is a required condition and includes either the word “must” or “shall” in the requirement, or 2) “desirable”, which means that a certain feature, component and/or action is desirable but not mandatory, which includes the word(s) “should” or “highly desirable” in the requirement.

Contractor Will Comply

CWC The vendor should check the “Contractor Will Comply” box if the proposed services provide the functionality identified in the requirement/desired attribute. If the vendor indicates “Contractor Will Comply” to meeting a requirement or a desired attribute, this signifies that compliance to the requirement is met in its entirety, and the vendor is not partially meeting the requirement. If the vendor indicates “Contractor Will Comply”, the vendor should provide a brief explanation in the Vendor Response column describing how the vendor proposes to meet the requirement/desired attribute.

Contractor Will Not Comply

WCNC The vendor should check the “Contractor Will Not Comply” box if the vendor cannot provide the functionality identified in the requirement/desired attribute. If the vendor indicates “Contractor Will Not Comply” then the vendor cannot meet the requirement, and the vendor should use the Vendor Response column to explain why the requirement/desired attribute cannot be met. If the vendor is only able to partially meet the requirement, the vendor should indicate “Contractor Will Not Comply”. The vendor must understand that by selecting “Contractor Will Not Comply” for any requirements that are identified as “Mandatory” (“must” or “shall”), the vendor’s proposal may be considered unacceptable and eliminated from further consideration for award.

If the vendor fails to respond to a mandatory requirement(s), the State of Missouri reserves the right to consider the requirement as being met by the vendor, or the State of Missouri reserves the right to clarify the requirement(s).The vendor is not expected to provide a written response to any requirements that include a shaded Vendor Response text field.Vendors are allowed to include graphics in their response to requirements identified in Section 2. The Division of Purchasing will not dictate how the vendor should incorporate the graphics in their response, but two recommended methods are 1) include the graphic as a separate attachment, then reference the attachment in the vendor’s response to the applicable requirement, or 2) insert a row in the table below the requirement that is associated with the graphic, merge the cells associated with the row to create a full-page width box, insert the graphic in the added row, then reference the graphic included in the added row in the vendor’s

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RFPT30034901701145 10

response to the applicable requirement.

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RFPT30034901701145 11

2.1 General Requirements/Desired Attributes:

Para # Requirement/Desired Attribute

Man

d (M

)/D

esir

(D)

Choose One

CW

C

WC

NC

Vendor Response2.1.1 The contractor shall provide the provision of Patient Canteen

Software/Point of Sale (POS) system for the Department of Mental Health – Division of Behavioral Health (DMH-DBH )facilities for the Department of Mental Health (hereinafter referred to as the Department), in accordance with the provisions and requirements stated herein and to the sole satisfaction of the Department.

M

2.1.2 The canteen system must be installed at the following Department of Mental Health facilities:

M

a. Fulton Psychiatric Rehabilitation Center (hereinafter referred to as Fulton) located in Fulton, Missouri (has three canteens);

M

b. St. Louis Psychiatric Rehabilitation Center (hereinafter referred to as SLPRC) located in St. Louis, Missouri;

M

c. Northwest Psychiatric Rehabilitation Center (hereinafter referred to as Northwest) located in St. Joseph, Missouri;

M

d. Center for Behavioral Medicine located in Kansas City, Missouri; and

M

e. Southeast Missouri Mental Health Center located in Farmington, Missouri (hereinafter referred to as SMMHC).

M

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RFPT30034901701145 12

2.2 Performance Requirements/Desired Attributes:

Para # Requirement/Desired Attribute

Man

d. (M

)/D

esir

. (D

)

Choose One

CW

C

CW

NC Vendor Response

2.2.1 Unless otherwise specified herein, the contractor shall furnish all material, labor, facilities, equipment, and supplies necessary to perform the services required herein.

M

2.2.2 The canteen system must allow each facility to be responsible for managing the canteen shops at that location. The canteen system must allow each facility to perform the following tasks:

M

a. Administer pricing; M

b. Order inventory; M

c. Track inventory; M

d. Transfer inventory within a facility; M

e. Control consumer accounts; and M

f. Reporting. M

2.2.3 It is highly desirable the canteen system interface with the Consumer Banking module in CIMOR. The system should be able to display and pull Consumer Banking balances from CIMOR while also maintaining a separate account inside the canteen system.

D

a. It is desirable that the interface with CIMOR’s Consumer Banking module be done through an HL7 transaction. Alternatively the interface may be done through an overnight SQL Database read.

D

2.2.4 The system must have the ability to display client diets, allergies, and restrictions at the point of sale.

M

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RFPT30034901701145 13

Para # Requirement/Desired Attribute

Man

d. (M

)/D

esir

. (D

)

Choose One

CW

C

CW

NC Vendor Response

2.2.5 The Canteen system must be able to receive interface with CIMOR to display client ward, DMH ID, etc.

M

a. It is desirable that the interface with CIMOR be done through an HL7 interface. This interfacing may also be done from reading a SQL table during overnight processing.

D

2.2.6 The canteen system must have the ability to manage inventory, pricing, suppliers, customer information, and reporting (by facility).

M

2.2.7 The canteen system must have the ability to produce historical reports on each consumer and their purchases.

M

2.2.8 The canteen system must have the ability to produce a detailed spending history using the following criteria: a consumer identifier, a ‘group’ of consumers using a state agency defined category, and/or a date range. The report would be used to verify purchases were processed correctly and to investigate any suspected discrepancy.

M

2.2.9 The canteen system must have the ability to produce a summary report reflecting each individual consumer using a date range as criteria.

M

a. Report results should reflect the following totals for each consumer: beginning balance for the period, amount spent in the period, ending balance for the period, unspent amount for the period.

D

2.2.10 The canteen system must have the ability to produce a report that allows for reconciliation of the cash drawer each day.

M

2.2.11 The canteen system must have the ability to keep a running inventory of items received and sold, customize reorder points, and remove damaged items from inventory.

M

2.2.12 The canteen system must be capable of processing cash and cashless transactions (for example a debit card where the balance is tracked inside the application).

M

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RFPT30034901701145 14

Para # Requirement/Desired Attribute

Man

d. (M

)/D

esir

. (D

)

Choose One

CW

C

CW

NC Vendor Response

2.2.13 The canteen system must generate a customer receipt for each transaction (sale, void, refund, etc.).

M

2.2.14 The canteen system must have the ability to scan bar codes on purchased items.

M

2.2.15 The canteen system must have the ability to scan bar codes on client/employee ID cards to identify the purchaser to help safeguard the use of cashless transactions.

M

2.2.16 It is desirable for the canteen system to have the functionality to display a picture (as detailed in 2.2.5). D

2.2.17 The canteen system must have the ability to display transaction details as items are being sold.

M

2.2.18 The canteen system must have the ability to apply coupons and other discounts against purchases.

M

2.2.19 The canteen system must have adequate controls/security features for inventory management at multiple levels. Each facility or Canteen must be able to manage their own inventory. Inventory transactions between the central office and the canteen shops must be posted by the system during the nightly cycle. Only authorized users can make changes to these inventory transactions.

M

2.2.20 It is desirable that the canteen system have the ability to export inventory to a pdf file.

D

2.2.21 The canteen system must utilize role-based security to allow each facility to manage their shop independently but have one interface with CIMOR instead of four different interfaces. The state agency’s Jefferson City Central Office shall serve as the highest level headquarters. With proper access granted, a designated overseer must be capable of viewing reports and transactions from each facility canteen. The security model must be able to identify users by facility and restrict or grant access to each facility as necessary.

M

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RFPT30034901701145 15

Para # Requirement/Desired Attribute

Man

d. (M

)/D

esir

. (D

)

Choose One

CW

C

CW

NC Vendor Response

2.2.22 It is highly desirable the canteen system interface with the CPOE system through an HL7 interface to provide staff the ability to view client diets, allergies, and restrictions.

D

2.2.23 It is desirable that the cashier have the ability to withdraw money from a client’s Canteen account. (SLPRC has requested this requirement, but it could be applicable to multiple facilities). It is desirable that the cashier have the ability to add and remove money from a client’s Canteen account. (SLPRC has requested this requirement, but it could be applicable to multiple facilities).

D

2.2.24 It is desirable that the cashier have the ability to process checks and forward them on to the Canteen. (Example: a grant buys consumers $50 worth of goods. That $50 is deposited into the consumer’s canteen account and is drawn against as purchases are made. This is similar to the cashless option requested by CBM. If the consumer only used $45 the remaining $5 would need to be charged off and a check would be issued to redeposit the left over in the mental health trust fund.) (SLPRC has requested this requirement, but it could be applicable to multiple facilities)

D

2.2.25 It is desirable that the Canteen system interface with the Data Warehouse to recognize when employees are terminated. This requirement was added for the cashless system. When employees leave, if they still have a balance on their account, it should be charged off and a check issued.

D

2.2.26 It is desirable that the canteen system include a report of clients who have money in the system account for a debit/Cashless system, but are no longer active.

D

2.2.27 It is desirable that the canteen system include a report of employees who have money in the system account for a debit/Cashless system, but are no longer active.

D

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RFPT30034901701145 16

Para # Requirement/Desired Attribute

Man

d. (M

)/D

esir

. (D

)

Choose One

CW

C

CW

NC Vendor Response

2.2.28 It is desirable that the canteen system have the ability to deactivate/temporarily hold a card in case of loss/termination of employment/discharge.

D

2.2.29 It is desirable that the canteen system have the ability to transfer a balance between cards in the event of card loss and replacement.

D

2.2.30 It is desirable that the canteen system have the ability to suspend a user’s capability to make purchases in the canteen.

D

2.2.31 It is desirable that the canteen system will allow cashiers to add and remove money from a client’s Canteen account with an effective date (backdated or future). (SLPRC has requested this requirement, but it could be applicable to multiple facilities).

D

2.2.32 It is desirable that the canteen system have the ability to interface with a website to display inventory. (CBM Gift Shop has requested this requirement, but it could be applicable to multiple facilities).

D

2.2.33 It is desirable the canteen system allow a cashier to sign on to the canteen system using a badge identifier to make a sale.  For example, instead of having a user ID and password, a cashier should be required to swipe a card prior to initiating a transaction.

D

2.2.34 The application must allow administrative oversight/management able to access the full canteen system VIA a standard browser (i.e. Google Chrome, and Internet Explorer) for the purpose of viewing/editing of consumer canteen restrictions, and viewing of

M

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consumer account balance, purchase and deposit history.   Access must be granted based on roles defined with the canteen system. This is to allow review and modification by other members of the treatment team.

a. It is highly desirable for the system to grant the same functionality through an installed application on a workstation.

D

2.2.35 It is highly desirable that the canteen system’s software must be capable of interfacing with the state agency’s internal Consumer Information Management Outcomes and Reporting (CIMOR) system utilizing a SQL database.

D

2.2.36 It is highly desirable that the system retrieve client diet orders from at least one of the existing state systems (CIMOR, Data Warehouse, CPOE, etc.) through HL7, SQL Database, or similar interface.

D

2.2.37 It is highly desirable that the canteen system have the ability to produce customized reports either internally or externally.

D

2.2.38 The system must have the ability to look up consumers by name or DMH ID for facilities that do not use ID cards in the Canteen.

M

2.2.39 It is highly desirable that the canteen system may discharge a client from the system when that client is discharged from the hospital using Episode of Care in the CIMOR system via an HL7 ADT message. If the client has an open Episode of Care for the facility, the system can reactivate the client’s account instead of

D

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recreating it.

2.2.40 It is highly desirable for the POS system to be able to look up a purchaser with a badge and display verification information such as photo, name, age, purchase restrictions that may be in place. The POS system should validate who is making the purchase and that the item being purchased falls within the current treatment plan.

D

2.2.41 It is highly desirable that the canteen system have the ability to export reports in a CSV format and a PDF format.

D

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2.3 Technical Experience Requirements/Desirable Attributes:

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Vendor Response2.3.1 The contractor’s canteen system must include all specifications for

hardware, software, and if necessary, telecommunications components that meet or exceed the minimum system requirements.

M

2.3.2 All equipment must be new and in current production, or reconditioned and remanufactured equipment that is certified as new. Prototype equipment shall not be accepted.

NOTE: The state reserves the right to purchase identified equipment through other existing procurement contracts.

M

2.3.3 The software package must be manufacturer-authorized and approved for distribution to the State of Missouri’s using agency. The software must be off-the-shelf; generally available; i.e. not in beta or test.

M

2.3.4 The canteen system must be capable of providing sale transactions, inventory, and reporting for the state agency’s canteen shops.

M

2.3.5 The canteen system must be installed at the following Department of Mental Health facilities: M

a. Fulton State Hospital; Mb. St. Louis Psychiatric Rehabilitation Center (SLPRC); Mc. Northwest Psychiatric Rehabilitation Center; Md. Center for Behavior Medicine (CBM); and Me. Other locations as identified by the state agency may include additional

locations.M

2.3.6 The canteen system shall consist of seven physical shops installed within the five (5) facilities. The Fulton facility shall have three physical shops installed. The SLPRC, Northwest, SMMHC, and CBM facilities shall each

M

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Vendor Responsehave one physical shop installed. The state agency shall have the sole right to add additional sites/locations may be added in the future. At the state’s discretion, some sites may not utilize the purchased system.

2.3.7 The canteen system shall consist of eleven POS registers located within the facilities’ physical shops. Fulton’s physical shops shall consist of seven POS registers. SLPRC’s physical shop shall consist of two POS registers. Northwest and CBM’s physical shops shall consist of one POS register each. At the state’s sole discretion, the agency reserves the right to purchase additional POS devices at the price stated in Exhibit A – Pricing Pages.

M

2.3.8 The Fulton facility shall be ran as one shop with multiple registers in multiple locations. Each location within the facility must track its own inventory and be able to transfer inventory between the locations. Product pricing for all locations must be centrally managed.

M

2.3.9 The contractor must adhere to the items outlined in the Windows Shared Hosting Security Best Practices document (Attachment 2) as put forth by the State Data Center).

M

2.3.10 The contractor shall specify the database technology and version that they will use. The application database shall not use Oracle.

M

a. It is highly desirable that the application utilize Microsoft SQL Server 2014.  

D

b. A slightly less desirable for the application to utilize Microsoft SQL Server D

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Vendor Response2012. 

c. It is less desirable for the application to utilize MySQL or DBMS.   D

2.3.11 The database and webservers, if included in the configuration, must reside on a different server than the application server.

M

2.3.12 It is highly desirable for the system’s database to reside on a shared instance on the State’s database clusters. It is less desirable to host the database on a server outside of the State Data Center. If MS SQL is utilized outside the State Data Center the order of order of preference is:

D

a. Express with Advanced Features; D

b. Standard; and D

c. Enterprise. D

2.3.13 If .NET is utilized it must use .NET 4.6.1 for SQL server 2016 and .NET 4.6.x installed on the database server for developer batch processes are required to be at the latest supported version.

M

2.3.14 Server-Level Security for database servers must include the following: Ma. Data Access Monitoring (DAM): M 1) The database server shall have the Data Access Monitoring client installed

to monitor data access on the SQL Server instance.M

b. Windows Default Local Administrators Group: M 1) Local admin access must be limited to database administrators, ITSD SDC

infrastructure server support teams, and performance monitoring ids.  M

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Vendor ResponseDevelopers and/or contractors shall NOT be allowed this level of administrative access.

M

c. Remote Desktop Group: M

1)

Remote desktop access must be limited to database administrators and ITSD SDC infrastructure server support teams.

M

2) Access will limited to statemous alternate ids. Md. Distributed COM Group: --- 1) Those ids requiring remote access for SQL Server Integration Services

package execution and support must be MSDTC access via the Distributed COM group.

M

2) User-Defined Local Groups and Local Users: M 3) NO local groups and/or local users shall be created on the server.  M

4) All access will be created via Active Directory domain groups. M

e. ETL/FTP Encrypted File Folders: M 1) "Least privilege" permissions are to be applied to any ETL/FTP folders.  M

2) Full access is NOT to be granted to non-admin ids (as set forth above). M

f. SQL Server Service Id: M 1) The SQL Server service id must be granted "least privilege" permissions.  M

2) Local administrator access shall NOT be granted to the SQL Server service id.

M

2.3.15 The canteen system must make use of responsive design and be ADA M

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Vendor Responsecompliant for all web pages.

2.3.16 The canteen system must be compatible with the state agency’s existing PCs which are configured with 8GB Memory with Integrated Graphics, an Intel Core i5-4690 Processor, and 500GB of Hard Drive storage.

M

2.3.17 The canteen system must be compliant with Windows 10, and work in Windows 10 native mode and not rely on compatibility mode.

M

2.3.18 The application, database, and/or web server(s) shall run in a virtual environment.   It is highly desirable for the all servers to be hosted in the state data center.  Facility clients will utilize the WAN to connect to the application.

M

2.3.19 The application server must run on Windows Server 2008 R2 or newer if it is a windows server.

M

a. It is highly desirable for the application server Operating System to be Windows Server 2012 R2 64-Bit.   

D

b. A second and less preferred approach is to utilize the latest version of Red Hat Enterprise Linux 64 Bit.

D

2.3.20 Web applications must be located on sites that require https encryption utilizing SHA2 certificates (4096 encryption).

M

2.3.21 Web applications must use encrypted database connection strings. M2.3.22 Data in motion between the application server and the database, or client

and application server must be encrypted.M

a. Encryption of Data in Transit: SSL SHA2 (4096 encryption) certificates M

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Vendor Responsemust be applied to all SQL Server instances to force SSL for all connections to the SQL Server database instance.

1) The connecting application must be able to negotiate SSL in the application pool, web.config file, jdbc, or other connection string.

M

2.3.23 Data at rest must be encrypted. Web applications must encrypt sensitive data at rest when sitting on a server cache awaiting commit in a database. Backend databases will be encrypted.

M

a. Data encryption must be applied by using the State Standard (Infosphere Guardium Data Encryption) to all file folders where SQL Server data, log, and backup files reside.

M

b. Data encryption must be applied to the ETL/FTP directory called “ApplicationFiles_Encrypted”.

M

2.3.24 Personally Identifiable Information and Protected Health Information data must not physically reside on the web server. The data must be stored either (encrypted) in a DB, or an external encrypted file system.

M

2.3.25 The contractor must agree to adhere to the OS patch plan as outlined in Attachment 001 of this document.

M

2.3.26 It is highly desirable the application, database, and web servers put forth in the contractor’s configuration operate within the current distributed environment. The environment utilizes Intel-based servers located in the State Data Center and the secondary site in Springfield, MO. The SDC’s standard server hardware platforms are IBM HX5 blade servers running in IBM blade chassis. By default, the agency uses server virtualization,

D

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Vendor Responseprovided by the State Data Center, for distributed applications. The SDC’s virtual server environment runs on VMWare’s ESXi hypervisor technology over a 10 Gb Ethernet backbone. Storage is provisioned to the distributed environment by the State Data Center via a multi-tiered, enterprise level SAN over an 8 Gb fiber-channel backbone.

2.3.27 If the system utilizes Mid-range equipment, it must conform to current state data center architecture. Current mid-range systems operate on IBM’s Power blades or Power Systems servers within the SDC and the secondary site in Springfield. Mid-range systems operate over a 10 Gb Ethernet backbone and connect to the SDC’s enterprise SAN environment over an 8 Gb fiber-channel backbone.

M

2.3.28 The system must operate within the standard environment without requiring the agency to purchase equipment not proposed in this contract.

M

2.3.29 If the system interfaces with Active Directory, the system must interface with Active Directory in a multi-agency, multi-domain forest. Top-level forest, domain administration and Organization Unit (OU)-level administration is done by the State Data Center. The system must be capable of using the current version of Active Directory in the latest forest functional mode (N), and the 2 previous versions, (N-2), to provide single sign or other functionalities. The solution must be compatible with a multi-domain Active Directory forest model and not require authorities, Active Directory system changes or permissions outside of the agencies top level OU. The servers hosting the system must function as part of a domain. The system must continue to work if a domain controller goes down by using another domain controller in the domain. The system must work with

M

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Vendor Responseexisting user IDs and user ID administration models. The system cannot require any schema changes to Active Directory. The system cannot require a restructure of AD objects to accommodate the needs of the system. If the system needs to store user IDs for large amounts of non-state employee user objects, using an RDMS is required. Systems cannot store application specific data in the AD user, group or OU objects.

a. If offsite services are utilized via an OAuth provider like the state’s consolidated ADFS server for user authentication is highly desired.

D

2.3.30 If the system interfaces with active directory, the system must operate within the state’s consolidated Microsoft Active Directory. It must also abide by the standards set forth for that environment, which are subject to change by ITSD in the Office of Administration.

M

2.3.31 The system must use one of the following database management systems that is at N or N-1 version:

M

a. Microsoft SQL Server; Mb. IBM DB2 LUW; and Mc. MySQL. M2.3.32 If Microsoft SQL Server is used, it must use Windows Authentication for

the application ID, as Mixed-Mode Authentication is not supportedM

2.3.33 The system must use a relational database management system providing referential integrity and two-phase commit.

M

2.3.34 The contractor must supply the database group with the logical and physical data models of the system and the associated data dictionary.

M

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Vendor Response2.3.35 The contractor must supply a database security diagram. M

2.3.36 The contractor must supply an application architecture diagram. M

2.3.37 All databases must be encrypted at rest and in motion. M2.3.38 ITSD uses WebSphere, IIS, JBOSS, and Tomcat as Web application

platforms. These platforms reside on Windows and Linux Operating Systems. It is less desirable to use Coldfusion as a web application platform.

M

2.3.39 The contractor must agree and understand that ITSD staff manages websites and applications controlled on shared servers. Administrator access to these servers is limited to SDC staff. Access to local log files and Web access logs is possible through replication to a logging environment.

M

2.3.40 The contractor must agree and understand that the agency websites are configured to go through a load balancer and are configured to direct all traffic through the load balancer instead of directly to a Web server.

M

2.3.41 If the database technology is Microsoft SQL Server, it is highly desirable that Enterprise Web Reporting Services are handled through Microsoft SQL Server Reporting Services.

D

2.3.42 Software requirements for updates and changes must be submitted and approved by ITSD prior to installation.

M

2.3.43 The contractor must supply a detailed definition of system interfaces. M

2.3.44 The contractor must define and document Application Security. M

2.3.45 The contractor must agree and understand that ITSD uses Tivoli Storage Manager software (TSM) to provide data level backup and restore

M

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Vendor Responsecapabilities for distributed and mid-range systems. The SDC uses Quest vRanger software to provide virtual machine (image) backup and restore capabilities for the virtual server environment. TSM and vRanger leverage EMC Data Domain for deduplication and, when necessary, replication to the state’s secondary site.

a. The contractor must agree and understand that all workstation operating systems will be Windows 10/64 bit. Every workstation is protected with Symantec EndPoint Protection anti-virus software. All laptops are encrypted with McAfee Endpoint Encryption.

M

b. The State of Missouri is in the process of modernizing their desktop/applications delivery mode; therefore, the system must also run on a VMware View managed virtual desktops.

M

c. Workstation configuration includes the following standards: M 1) ITSD maintains the configuration standards on all workstations; M

2) Users are provided minimal rights; and M

3) The service/solution must be able to install and operate with minimal configuration changes.

M

d. ITSD uses automated software installation services through Microsoft’s System Center Configuration.

M

e. Software provided by the contractor for installation must be automated with little configuration.

M

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2.4 Contractor Experience Requirements/Desirable Attributes:

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Vendor Response2.4.1 It is highly desirable that the contractor have previous experience

providing Canteen solutions in a hospital environment.D

2.5 Hardware Requirements/Desirable Attributes:

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Vendor Response2.5.1 The contractor must provide exact hardware specifications as well

as make and model, including but not limited to: cash registers, cash drawers, Pole Displays, handheld scanners for bar coded badges and inventory, and magnetic stripe receipt printers that interface with the system’s software.

NOTE: At the state’s discretion, the state reserves the right to procure hardware directly under this contract or other procurement contracts the State may have.

M

2.5.2 The state agency is not generally interested in purchasing PCs, UPSs, printers, network equipment, or servers. However, requirements for such must be disclosed. If specialty items be required, such as receipt printers, they may be considered. The state agency does not need the software or hardware to create new badges

M

2.5.3 The canteen system shall utilize the state agency’s wide area network (WAN).

M

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2.6 Transition Requirements/Desirable Attributes:

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Vendor Response2.6.1 It is highly desirable that the canteen system shall have the ability

to migrate inventory data from the previous canteen system. The contractor must provide the state agency with a plan to migrate the inventory from the previous canteen system to the system.

D

2.7 Software Requirements:

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Vendor Response2.7.1 All server software shall be located in the State Data Center in

Jefferson City, MO. At the state’s sole discretion, the software may be distributed to local DMH facilities.

M

2.7.2 License Grant: Any software licensed by the state in connection with the contractor’s solution shall include a grant to the State of Missouri of an unlimited enterprise-wide perpetual license, non-exclusive, irrevocable and unrestricted license(s), per seat license, per user license, to use such software for use on its own behalf as well on behalf of its agency end users, consultants, agents, whether now existing or hereafter. The state shall further have the right to appoint third-party agents to utilize the contractor’s solution on its behalf as long as such third parties comport with the provisions of the licensing stated herein. The contractor shall grant the State of Missouri the right to use the software throughout the applicable contract period contingent upon payment of license fees specified in Exhibit A.

M

a. There shall be no upgrade fee charges and no additional license fee charges for increasing the size and/or capacity of

M

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Vendor Responsethe CPUs on which the software is installed or operates on. There shall be no upgrade fee charges and no additional license fee charges for increasing the number of users. There shall be no limitations placed on the system with regards to the size/capacity of the record population in which the system shall encompass/utilize. NOTE: All components of the system’s “licensed software” shall be for the specific purpose of operating the system as described herein.

b. It is desirable that the software license granted be a perpetual license in addition to the provisions stated above.

D

2.7.3 The state shall also have the right to make backup copies of the contractor’s software and web application(s) for operational backup and disaster recovery purposes.

M

2.7.4 Third Party Software: The contractor shall be responsible for the licensing of all third-party software utilized as part or in conjunction with the contractor’s solution. The terms and conditions of such licenses shall be compatible with and compliant to the State of Missouri’s terms and conditions expressed herein and the RFP’s intended use of the solution and shall guarantee the continuous use of such third-party software by the State for the term of the final, definitive agreements.

M

2.7.5 If the system solution is provided under a perpetual licensing arrangement, then the State of Missouri understands that maintenance and/or technical support fees may be required monthly, quarterly, or annually, in order to receive software updates (which include enhancements, corrections, modifications, additions and later versions of the licensed product) and/or technical support. However, it remains the sole option of the state to purchase maintenance or to decline this service. If the state chooses to discontinue maintenance, the software would continue to be legally licensed for use.

M

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Vendor Response2.7.6 Any language or provisions contained in any of the

contractor’s or third party’s software and web application “shrinkwrap” or “clickwrap” licensing agreement(s) shall be of no force or effect and nonbinding if such language or provision conflict with the terms and conditions of the RFP. The terms and conditions of RFPT30034901701145 shall supersede and govern in the event of conflict with the language or provisions contained in any of the contractor’s or third party’s software and web application “shrinkwrap” or “clickwrap” licensing agreement(s).

M

2.8 Training Requirements/Desirable Attributes:

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Vendor Response2.8.1 The contractor must provide training regarding the use of all the

canteen system’s equipment and software.M

2.8.2 The contractor must provide training documentation for the hardware and software for each DMH site.

M

2.8.3 The contractor must provide onsite and virtual Train the Trainer sessions. The state agency reserves the right determine whether the training is conducted onsite or virtually.

M

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Vendor Response2.8.4 It is highly desirable for the solution that is SCORM 5.1

(https://en.wikipedia.org/wiki/Sharable_Content_Object_Reference_Model) compliant with MELS (Missouri Employee Learning System) module detailing the basic functionality of the contractor’s system for training purposes.

D

2.9 Installation Requirements/Desirable Attributes:

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Vendor Response2.9.1 The contractor is required to install the proposed system at

each of the DMH locations described herein.M

2.9.2 The installation must be tested and accepted by ITSD Project Manager and Lead Canteen staff person for each DMH location.

M

2.9.3 The contractor shall be paid for installation, testing, acceptance and receipt of invoice for each location’s canteen system. In the case of the Fulton State Hospital’s three canteens, the contractor must request payment after all three canteen systems are installed, tested, accepted and invoice received. Testing and acceptance will be the responsibility of the ITSD Project Manager and the DMH onsite canteen manager.

M

2.10 Preserving Rights to System Functionality Requirements/Desirable Attributes:

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Vendor Response2.10.1 2.10.1

In the event that the contractor deletes functions that were mandatory requirements of the RFP from the licensed system and offers those functions in other or new system products, the portion of those other or new products which contain the functions in question, or the entire product, if the functions cannot be separated out, shall be provided to the agency under the terms of their license along with any applicable modifications necessary to make the product operate with the licensed system, at no cost to the agency and shall be covered under the license/maintenance at no cost to the agency..

M

2.11 Prohibition of Electronic Self-Help Requirements/Desirable Attributes:

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Vendor Response2.11.1 The contractor must agree that in the event of any dispute with

the state regarding an alleged breach of contract, the contractor shall not use any type of electronic means to prevent or interfere with the operation of or agency access to the licensed system, without first obtaining a valid court order authorizing same in accordance with the State of Missouri Terms and Conditions Section 2 subparagraph e. The state shall be given proper written notice and an opportunity to be heard in connection with any request for such a court order. The contractor understands that it is foreseeable that a breach of this provision could cause substantial harm to the state. No limitation of liability, whether contractual or statutory, shall apply to a breach of this paragraph.

M

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2.12 License Type Conversions Requirements/Desirable Attributes:

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Vendor Response2.12.1 If the state chooses or if the contractor mandates the state to

transfer its current license type to another license type, then the CPU capacity licensed under the existing license type will be converted to the new license type with no additional charges for the same CPU capacity under the same current operating system environment (i.e., the current operating system has not changed; only the way in which the software is licensed has changed).

M 2.12.1

2.13 Intellectual Property Rights Requirements/Desirable Attributes:

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Vendor Response2.13.1 The contractor hereby warrants that it has and will continue to

have free and clear title (including all proprietary rights) to any products delivered to the State of Missouri or the right to license, transfer or assign any and all products that are licensed, transferred, or otherwise provided to the State by the contractor pursuant to this contract. Upon request of the State of Missouri, the contractor shall demonstrate that all aspects of the Licensed Software are its original work or that the contractor is authorized to sublicense on the terms stated herein. The State of Missouri shall not be liable in the event of loss, incident, destruction, theft, damage, etc., for the licensed software. It shall be the contractor's sole responsibility to obtain insurance coverage for such loss in an amount that the contractor deems appropriate.

M

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2.14 Software Piracy Prohibition Requirements/Desirable Attributes:

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Vendor Response2.14.1 No state or other public funds payable under the contract shall

be used for the acquisition, operation, or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. The contractor hereby warrants and certifies that the contractor has in place appropriate systems and controls to prevent such improper use of public funds. Under no circumstances in the course of providing products, services, or any other performance of their duties/obligations to the State shall the contractor directly or indirectly utilize tools, equipment, and/or software programs that are in violation of third parties’ legal copyrights. If the State determines that the contractor is in violation of this paragraph, the State may exercise any remedy available at law including, without limitation, immediate termination of the contract and any remedy consistent with United States copyright laws.

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2.15 Software Rights & Protections Requirements/Desirable Attributes:

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Vendor Response2.15.1 The State of Missouri acknowledges that the licensed products

are proprietary and are the intellectual property of the contractor. The state shall only use the software in accordance with the licensing terms and conditions as provided in this RFP. The state shall not permit the licensed products, acquired under this contract, to be used by any other

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Vendor Responseperson except for employees, municipal/local law enforcement staff, agents and/or consultants of the State of Missouri (“Authorized Agency”) who need to use the licensed products in the performance of their duties for the state and who are authorized and enabled by the State of Missouri to access and utilize the licensed products.

2.14.2 The State of Missouri shall have the right to make copies of the licensed product for archival and disaster recovery purposes only. In the event of a disaster or a failure of the operating environment or the software system, the agency may, for the duration of the emergency or threatened disaster, use the applicable licensed software on a backup system and/or maintain a backup/archival copy of the licensed software, subject to any provisions herein defining and/or relating to authorized users.

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2.14.3 It shall be the contractor’s responsibility and expense to thoroughly educate and inform state agencies and their software end users regarding the software usage and copyrights. In the event that agency personnel or the contractor discover any misuse of the software or related documentation within the state agency(s), they must immediately notify the designated software manager, department manager, or legal counsel. Unauthorized reproduction of software is a federal offense. Offenders may be subject to damages, fines, and penalties in accordance with United States Copyright Law.

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2.16 Upgrades/Replacements Requirements/Desirable Attributes:

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Vendor Response2.16.1 The contractor shall agree and understand that the State of

Missouri reserves the right to bid out any future upgrades and/or replacements.

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2.17 Illicit Code Requirements/Desirable Attributes:

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Vendor Response2.17.1 The contractor must warrant that unless necessary to perform

valid duties under this contract or can be verified and documented as to not cause harm to the state’s operating environment and/or utilization of the system, any system programs developed or provided by the contractor under this contract to the State of Missouri shall: (i) contain no hidden files; (ii) not replicate, transmit, or activate itself without control of a person operating computing equipment on which it resides; (iii) not alter, damage, or erase any data or computer programs without control of a person operating the computing equipment on which it resides; (iv) contain no virus or similar code known or unknown to the contractor; (v) contain no enabled restrictive key, node lock, time out or other function, whether implemented by electronic, mechanical, or other means, which limits/hinders the use or access to any software programs based on residency on a specific hardware configuration, frequency of duration of use, or other limiting criteria (the matters described in (i) - (v) comprise illicit code).

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Vendor Response2.17.2 Provided and to the extent any program has the foregoing

attributes described in (i) through (iv) above, and notwithstanding any other provision of this contract to the contrary, the contractor shall be considered in default of this contract, and no cure period shall apply unless contractor can demonstrate that it took reasonable steps to prevent the presence of Illicit Code in the Licensed System, in which case contractor may receive a cure period of forty-eight (48) business hours to remove the Illicit Code. At the request of the State of Missouri, the contractor must remove any such illicit code from the Licensed System. In addition to any other remedies available to it under this contract, the State of Missouri reserves the right to pursue any civil and/or criminal penalties available to it against the contractor. The contractor agrees, in order to protect the State of Missouri from damages which may be intentionally or unintentionally caused by the introduction of such illicit code to the State of Missouri’s computer network, no software, plug-in, or other electronic file shall be installed, executed, or copied on the State of Missouri’s equipment without the express approval of the agency’s Program Manager.

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2.17.3 If the software contains a restrictive key, expiration date, or other limiting function as described in (v) above, such restrictive function must be disabled or otherwise prevented from expiring, limiting or hindering the use or access of the software or data under this contract.

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2.18 Audit Requirements:

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Vendor Response2.18.1 In the event that the contractor undertakes an audit of the

agency’s facility in which the software is installed: (1) the contractor must provide at least three (3) business days prior written notice to the agency, (2) the scope of the audit shall be limited to a review of the agency’s written records, unless otherwise agreed to by the agency, (3) the agency shall have an equal right to audit the contractor’s compliance with its license obligations hereunder, (4) all information transmitted to the contractor pursuant to the above shall be held in confidential status by the contractor, and (5) no penalty shall be levied against the State for unlicensed software found during the course of the audit. If the agency is determined to be using unlicensed software, the maximum liability to the State shall be the cost of licensing the subject software.

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Vendor Response2.19.1 The contractor acknowledges and agrees that the state may

appoint an oversight committee who shall function as overseers of the contract. This oversight committee shall be chaired by the Missouri Department of Mental Health and shall be the body of individuals primarily responsible for reviewing (1) the contractor's performance, including, but not limited to the following: software, web site format and performance, end user complaints, responsiveness to issues,

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Vendor Responsepersonnel issues, system unscheduled downtime, etc.; (2) proposed contract changes or additions, and (3) recommendations for enhancements and updates of the system. The oversight committee shall also monitor performance measures outlined within this RFP and recommend claims for damages that are to be liquidated by contractor. At a minimum, the oversight committee shall meet in person and/or via telephone conferencing on an annual basis to review contract performance. The contractor’s participation in these meetings shall be at their own expense.

2.20 Post Implementation Support Requirements/Desirable Attributes:

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Vendor Response2.20.1 The contract must provide, at a minimum, a one-year post

implementation support on the system solution provided. The post implementation support period shall commence upon the date of system installation. The contractor shall ensure that the system solution shall conform to the mandatory requirements described herein. The contractor shall ensure the system performs and operates in accordance with the contractor’s published specification documentation, including user manuals, regarding the system.

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b. Pass-Through of Warranties: The contractor shall identify in writing all third-party warranties that the vendor receives in connection with any product provided to the State of Missouri. The contractor hereby passes through the benefits of all such

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Vendor Responsewarranties, provided that nothing in this section shall reduce or limit the contractor’s obligations under this contract.

2.20.2 No Actions, Suits, or Proceedings: The contractor shall warrant that there are no actions, suits, or proceeding, pending or threatened, that shall have a material adverse effect on the contractor’s ability to fulfill its obligations under the contract. The contractor shall further warrants that it will notify the State of Missouri immediately if the contractor becomes aware of any action, suit, or proceeding, pending or threatened, that will have a material adverse effect on contractor’s ability to fulfill the obligations under the contract.

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2.20.3 Warranty of Contractor Capability: The contractor shall warrant that it is financially capable of fulfilling all requirements of this contract and that the contractor is validly organized entity that has the authority to enter into the contract. The contractor is not prohibited by any loan, contract, financing arrangement, trade covenant, or similar restriction from entering into the contract.

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2.20.4 Compatibility Warranty: Unless otherwise stated in Exhibit C or elsewhere herein, the contractor shall warrant that all products acquired pursuant to this contract shall be data, program, and communications compatible to all other products that will be acquired under the contract and compatible to the software and hardware environments that currently exist in the agency’s computer environment as described herein.

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a. The contractor shall notify the agency as to any inaccuracies or known deficiencies or incompatibility with any related order.

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2.21 Data Conversion Support Requirements:

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Vendor Response2.21.1 Upon contract award and at the request of the state, the

contractor shall work with the agency to develop and implement a plan for data conversion to the new system. This shall include conversion of historical and current data from various internal agency systems. The services shall include establishing a conversion control plan including techniques and associated tools used to track, document, and manage conversion issues. The contractor’s services shall include verification that data have been converted correctly and that the processes used on the converted data are functioning as specified when the new systems are fully operational. Any data conversion services must be performed on-site at the agency’s facility. The Conversion Plan shall clearly identify in detail all steps, tasks, activities, events, milestones and resources necessary for the contractor to convert data to the system in a manner so that the system will operate in full compliance with the specifications and requirements described herein. The contractor shall be responsible for all data conversion activities including data cleansing services. Performance of the data conversion service work shall be priced through a PAQ process. The PAQ will be completed at the discretion of the State agency.

NOTE: The agency’s IT staff will be available to assist the contractor with data extraction from state legacy systems for data conversions.  The agency’s functional staff will also be available to assist with data cleansing and transformation for conversion of data from state legacy systems.

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2.22 Maintenance/Technical Support Requirements:

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Vendor Response2.22.1 Technical Support: The contractor must provide to the agency

a contact phone number which the agency can use to report technical system problems. This phone, if not a direct contact line to the contractor support structure, must provide a maximum of a 60-minute call back response by contractor personnel (if the call for support is made during regular business hours).

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2.22.2 It is highly desirable that the contractor provides a toll free telephone number for support.

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2.22.3 System Maintenance Support Services: At the sole option of the state agency and upon the state agency’s written request, the contractor must provide system maintenance (e.g. upgrades, enhancements, new releases, etc.) and technical support for all products/services provided, including ongoing unlimited telephone technical support problem determination and resolution. So long as the State of Missouri pays the maintenance fees as specified within Exhibit A, the contractor shall provide to the State of Missouri all generally publicly available improvements and additions to the functionality, as well as new functions, of the Licensed System and provide the maintenance services as specified herein.

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a. The maintenance support price stated in Exhibit A shall be effective upon expiration of the software warranty period. From date of contract award until such time that the maintenance billing takes effect, all technical and maintenance support services described herein shall be provided to the agency at no cost.

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b. The contractor shall maintain the system so that it operates in conformity with all descriptions and specifications herein and as provided by the contractor, including specifications for the

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Vendor Responseperformance of all improved or modified versions which the State of Missouri has been licensed to use.

c. Maintenance services shall include, at a minimum, the detection and correction of software errors according to the specifications described herein and in the contractor's documentation of the software. The contractor agrees to respond to the State of Missouri's inquiries regarding the use and functionality of the solution as issues are encountered by system users.

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d. System Database maintenance shall include updating database(s), data cleansing, data integrity, data protection, and data import/export functionality.

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e. System Maintenance shall also include all services necessary to maintain the 98% system operational uptime, system backup procedures, and disaster recovery services described herein to include all system configurations, troubleshooting, resolution of system errors, malfunctions, and system restoration.

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f. For any customization of the system to meet mandatory requirements of the RFP and for any customization of the system as a result of a Project Assessment Quotation (PAQ), the contractor shall be required to provide system technical support of those customizations throughout the life of the contract. Any new versions or new releases of the system application acquired by or provided to the agency pursuant to the contract must include the customizations of the system required herein or through a PAQ.

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2.22.4 The contractor shall be responsive and timely to maintenance/technical support calls/inquiries made by the agency.

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2.22.5 The contractor must provide technical/help desk support Monday through Friday, at least eight hours per day,

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Vendor Responseexcluding state holidays.

a. It is highly desirable that the technical support coverage be between the hours of 7:00 a.m. and 6:00 p.m. central time.

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2.22.6 The help desk/technical support personnel must be knowledgeable and technically trained to answer/resolve system technical support problems. The help desk staff must be able to answer “how to” type questions about the system as well as questions about hardware and internet setting configurations.

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a. When the agency staff calls the help desk/technical support, the contractor’s technical support staff should not place the agency caller on hold for more than five (5) minutes. If unable to connect the agency caller to talk to an actual help desk/technical support person that can assist them with their problem(s) within the aforementioned 5 minute period, the technical staff should inform the agency caller that they’ll need to call them back. Call back response shall be pursuant to the requirements herein. The contractor’s staff merely picking up the phone to indicate for the caller to continue holding or other similar type message shall not meet this requirement. Merely answering the phone and assigning a case number to a problem shall not meet the technical response time requirements.

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b. When calling back to the agency to report progress or answer help desk questions and the help desk staff are unable to reach the agency staff by telephone, the help desk staff should make at least two additional attempts within the next business hour to respond to the help desk inquiry/issue. The help desk/technical staff may leave a voice message for the agency caller but such message must indicate the contractor’s staff person’s name, time called, and description of how to return the call to obtain further assistance.

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Vendor Responsec. If investigation and research is required by technical staff and

the problem cannot be resolved or question answered immediately, then the help desk/technical support staff should call back within two (2) hours to report progress on the problem’s resolution. Help desk staff should continue, on a daily basis or other basis agreed upon between the agency and contractor, to keep the agency staff informed on progress of the problem’s resolution.

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2.22.7 The contractor must keep a log of all maintenance/technical support calls made to the help desk/technical support personnel and document the complaints and problems reported to the help desk system whether made by the agency or by the agency vendors utilizing the website. The log must be made available to the agency as part of monthly reporting as well as any other time upon request by the agency. This report(s) must be delivered to or made available to the agency no later than by the end of business (5:00 p.m. Central Time) on the fifth calendar day of every month. The log must at a minimum contain the following information:

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a. Time of call; Mb. Name of Caller; Mc. Caller’s Organization/Agency Name; Md. Caller’s telephone number and/or email address; Me. Description of Reported Problem/Complaint; Mf. Indication of whether the problem/compliant was resolved at

time of call;M

g. Description of any follow up investigation/resolution plans; Mh. Assigned Case number if resolution not provided during call; Mi. Date of and Description of Final Resolution; and Mj. Severity Level. M2.22.8 It is highly desirable that the contractor provide electronic D

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Vendor Responsesupport. Electronic support includes the ability to report problems to the contractor on-line, the ability to browse a database containing problems, technical questions, and the ability to fix problems electronically.

2.22.9 The agency reserves the right to determine and assign levels of severity for the issue/support problems. The severity of the issue/support problem shall determine the problem resolution response time in any thirty day period of the contract as follows:

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a. Severity Level 1 shall be defined as urgent situations, when the agency’s system is down and the agency are unable to use the system, the contractor’s technical support staff shall accept the call for assistance at the time the agency places the initial call; however if such staff is not immediately available, the contractor shall return the call within sixty (60) minutes. The contractor shall resolve Severity Level 1 problems as quickly as possible, which shall not exceed twelve (12) business hours, unless otherwise authorized in writing by the agency.

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b. Severity Level 2 shall be defined as critical system component(s) that has significant outages and/or failure precluding its successful operation, or possibly endangering the agency’s environment. The system may operate but is severely restricted. The contractor’s technical support staff shall accept the agency’s call for assistance at the time the agency places the initial call; however if such staff is not immediately available, the contractor shall return the agency’s call within sixty (60) minutes. The contractor shall resolve Severity Level 2 problems as quickly as possible, which shall not exceed twenty (20) business hours, unless otherwise authorized in writing by the agency.

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c. Severity Level 3 shall be defined as a minor problem that exists with the system but the majority of the functions are still

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Vendor Responseusable and some circumvention may be required to provide service. The contractor’s technical support staff shall accept the agency’s call for assistance at the time the agency places the initial call; however if such staff is not immediately available, the contractor shall return the agency’s call on average within sixty (60). The contractor shall resolve Severity Level 3 problems as quickly as possible, which shall not exceed five (5) business days, unless otherwise authorized in writing by the agency.

2.22.10 During any contract period, the contractor’s repeated failure to meet the above stated call back, on-site, and/or problem resolution response times may result in withholding of payments for invoices due to the contractor until resolution of issues/problems have been achieved or may result in the cancellation of the contract. The agency shall notify the contractor in writing of any intention to withhold payment of fees pursuant to this section for contractor’s failure to perform in accordance with the terms and conditions of this contract agreement. Should the state fail to provide such written notification to the contractor prior to the expiration of the current contract period, it will void the state’s ability to withhold payments for products/services invoiced for that particular period. However, this in no way affects the state’s ability to seek such remedy in any subsequent renewal option years should such issues persist. The contractor acknowledges and agrees that such delayed payment of invoices shall in no event impair the obligation or liability of the contractor to perform according to the terms of the contract. Late payment fees shall not be assessed or payable for such delayed payment of invoices due to contractor’s repeated failure to meet the response times. Should the contract be cancelled by the state, the contractor shall be entitled to receive just and equitable

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Vendor Responsecompensation for services and/or supplies delivered to and accepted by the State of Missouri pursuant to the contract prior to the effective date of termination.

2.22.11 The contractor shall agree and understand that the State of Missouri reserves the right to cancel maintenance on any or all of the item(s) with 30 days prior written notice to the contractor.

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2.22.12 It is highly desirable at the request of the agency, the contractor provide on-site support as needed, if needed. This includes but is not limited to On-Site configuration, Training, or Train the Trainer. Travel expenses, if appropriate must be submitted in advance and approved by the agency prior to commencement of travel.

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2.23 Information Technology Accessibility Compliance Requirements/Desirable Attributes:

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Vendor Response2.23.1 Section 191.863 of the Revised Statutes of Missouri (RSMo)

requires state agencies to make information technologies accessible to individuals with disabilities. The State of Missouri’s Information Technology (IT) Accessibility Standards (http://oa.mo.gov/itsd/it-governance/enterprise-architecture/it-accessibility-standards) provide direction for complying with RSMo 191.863. All products provided by the contractor, including enhancements, changes and upgrades to the products, shall comply with the applicable accessibility requirements of the Missouri IT Accessibility Standards, unless the contractor’s awarded bid response contains specific disclosure of product non-conformance in a Voluntary Product Accessibility Template (VPAT); or other comparable document.

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a. The contractor shall promptly respond to any complaint brought to its attention regarding accessibility of the products provided hereunder that were specified in the contractor’s awarded bid response as compliant products. The contractor shall resolve such complaints by bringing the product into compliance with the applicable Missouri IT Accessibility Standards at no additional cost to the State. The contractor shall indemnify and hold harmless the State of Missouri and any Missouri government entity purchasing the contractor’s products from any claim arising out of the contractor’s failure to comply with the aforementioned requirements.

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2.24 Project Assessment Quotation Requirements/Desired Attributes Requirements:

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Vendor Response2.24.1 Project Assessment Quotations: On all projects, the contractor

shall understand and agree the state agency shall utilize the Project Assessment Quotation (PAQ) as a means (1) to identify the specific tasks to be performed and (2) to establish the total firm, fixed price to be paid upon completion of the specified tasks. (3) hourly services rates listed in Exhibit A, Pricing Page, will be used by contractor to determine service costs in the PAQ. The PAQ process shall occur in a controlled sequence of proposals and approvals by the agency’s designated Project Manager as outlined below.

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2.24.2 The contractor shall understand and agree that the general protocol for PAQ workflow shall be as described below:

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a. STEP 1: PAQ REQUEST The agency’s designated Project Manager will present a written request for each PAQ to the contractors on the PAQ, in a standard format. The agency’s request must explain the scope of the project and the tasks the agency desires the contractor to perform, including applicable business and technical specifications. The agency’s PAQ Request must include at a minimum the following information:

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1) Introduction/Overview: Brief description of the project. Information provided to acquaint the reader with the planned acquisition. In addition, the following information shall be provided:

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a.1.1 State agency name/address; Ma.1.2 State agency designated Project Manager name, email, and phone

number;M

a.1.3 Brief title of specific PAQ project; Ma.1.4 PAQ issue date; and M

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Vendor Responsea.1.5 PAQ Response Due Date. M 2) Background: a description of how the project came to be. A

description of why the project is being pursued, and how it relates to other projects. Summarization of any statutory authority or regulations affecting the overall requirement; and identify any background materials attached to the PAQ. Also to be provided is any information pertaining to the agency’s business environment such as identification of hours of operation, as well as, the agency’s technical environment specific to the PAQ project which describes the technological infrastructure, systems, and programs operant within the organization.

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3) Objectives: Specific objectives that the PAQ project will achieve. This section must provide a concise overview of the contract effort goals and objectives; and how the results or end products will be used.

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4) Requirements/Tasks: listing of specifications/performance requirements, standards, locations, tasks, deliverables, schedule, and assumptions. This section defines the tasks that the contractor must complete for the PAQ project. This section must provide a detailed itemization and description of all of the project tasks which shall be completed by the contractor (i.e. project work), including requirements for and specified frequency of any required status reports; the specified project tasks must be clearly stated and must be quantifiable.

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Vendor Response 5) Deliverables: This section must clearly state what the contractor

must deliver. If different tasks have different delivery requirements, they must be clearly identified along with times within which the contractor must deliver. A description of the acceptance criteria as well as what documentation the contractor must obtain from the agency to verify the agency’s receipt and approval of the deliverable work product. The deliverables must clearly be identified within the milestones proposed by the contractor in the PAQ response.

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6) Government Furnished Property: This section must identify any government-furnished property provided to the contractor such as equipment, on-site work space, software tools, remote access, or specific data/information.

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7) Place of Performance: This section must identify where the contractor’s staff will be performing their work (on-site at the agency’s facility(ies), off-site at the contractor’s facility(ies), combination thereof, etc).

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8) Security Requirements: This section must identify any unique security requirements associated with PAQ performance (when applicable). These requirements may include, but are not limited to, such items as: Special pass or identification requirements; Special security clearance requirements; or special escort requirements.

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b. STEP 2: PAQ RESPONSEThe contractor must respond (within a prescribed number of days as stated within the PAQ Request by the state agency) to each such PAQ request from the agency’s designated Project Manager with a PAQ Response which provides a statement of firm, fixed cost for the project, and technical/service solution to fulfill the PAQ Request. The contractor’s PAQ Response must include at a minimum the following:

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Vendor Response 1) Project Overview: Statement of the contractor’s understanding

of the PAQ project and the business/technical needs of the project.

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2) Resources: A description of the contractor’s resources that shall be provided to fulfill the PAQ project to include but not limited to: human resources to be provided, facility/equipment/supply resources, etc. a description of the minimum qualifications for an individual with a human resource job classification category (i.e., database architect, programmer, etc) outlining the skills, experience and knowledge/education of the staff being offered for the PAQ project.

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3) Approach/Methodology: A description of how the contractor will specifically go about completion of the work for the PAQ project. This description must include:

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b.3.1 Project Management Plan, project tracking and reporting the progress of the project, etc.;

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b.3.2 A Work Breakdown Structure (WBS) to include a listing of the state agency’s responsibilities;

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b.3.3 Functional definition of requirements that outlines how the services and/or features shall operate, look, and complete tasks for each PAQ requirement, specification, task. This description must describe how the requirements/specifications will be fulfilled by the proposed service offerings and to what degree the requirements are met and/or exceeded. This description must also include by whom, when, with what, why, where, etc., the requirements will be satisfied by the contractor’s proposed solution for the PAQ project;

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b.3.4 Change Control Plan; Mb.3.5 Issue Tracking Plan; Mb.3.6 Assumptions; M

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Vendor Responseb.3.7 Quality Assurance (QA) Plan: A description should be included

of the contractor’s QA process to be utilized for the project tasks, schedule, deliverables, and testing in order to ensure that work related to the production of acceptable deliverables is on track and expectations are met or exceeded. The QA process is expected to be proactive to ensure not only that the schedule is met, but also that product and service quality is maintained;

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b.3.8 Issue Tracking Plan; Mb.3.9 Assumptions; Mb.3.10 Quality Assurance (QA) Plan: A description should be included

of the contractor’s QA process to be utilized for the project tasks, schedule, deliverables, and testing in order to ensure that work related to the production of acceptable deliverables is on track and expectations are met or exceeded. The QA process is expected to be proactive to ensure not only that the schedule is met, but also that product and service quality is maintained;

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b.3.11 Issue Tracking Plan; Mb.3.12 Assumptions; and M

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Vendor Responseb.3.13 Quality Assurance (QA) Plan: A description must be included of

the contractor’s QA process to be utilized for the project tasks, schedule, deliverables, and testing in order to ensure that work related to the production of acceptable deliverables is on track and expectations are met or exceeded. The QA process is expected to be proactive to ensure not only that the schedule is met, but also that product and service quality is maintained.

NOTE: Deliverables shall not be paid for until such items have been reviewed, tested, and approved by authorized state personnel. ITSD has a Deliverable Acceptance Form) that requires signatures before an invoice can be paid for said deliverable item.

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4) Cost Response: Firm, fixed price(s) per deliverable to fulfill the PAQ Project, which shall include a 10% payment holdback per deliverable for any project for which the total firm, fixed price for all deliverables is $75,000 or greater. All travel-related expenses must be included within the firm, fixed deliverable price.

Separate or additional reimbursement must be approved by the Department prior to commencing travel.

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Vendor Responseb.4.1 The contractor shall agree and understand the firm, fixed price

stated in the awarded PAQ Response shall not be increased unless the state agency requests a corresponding increase in the scope of work under the PAQ. In other words, if the contractor underestimates the level of effort in terms of personnel resources, the contractor shall not charge the state more than the total firm, fixed price for all deliverables unless the state later amends the PAQ to increase the scope of work. If the scope of work does not increase, the contractor shall complete all work agreed upon in the awarded PAQ at the firm, fixed total price stated in the PAQ Response. The contractor shall understand and agree federally funded projects may require added levels of PAQ cost response detail such as delineation of hourly rates and the number of hours used to derive the firm, fixed PAQ project cost(s).

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b.4.2 Unless stated in the PAQ Response, the state shall assume absolutely no other costs exist to satisfy the PAQ’s requirements. Therefore, the awarded PAQ contractor shall be responsible for any additional costs.

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b.4.3 PAQ pricing shall be based on specific deliverable components of the project and shall not be based on monthly billing.  If the contractor fails to deliver all the functionality/features specified in the PAQ for a given deliverable then payment for the deliverable shall be withheld until all functionality/features of that deliverable have indeed been provided to and accepted by the agency. Payment shall not be made in advance for any deliverable; all payments shall be made in arrears (i.e., upon delivery and acceptance of a deliverable).

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Vendor Responsec. STEP 3: APPROVAL OF PAQ

The contractor and the agency’s designated Project Manager must indicate mutual acceptance of the PAQ project by signing and dating the PAQ Response document. The agency’s designated Project Manager (1) must retain one signed copy; (2) must forward a copy of PAQ – See Attachment 00 2) to the Division of Purchasing and Materials Management for inclusion in the contract file.

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d. STEP 4: AUTHORIZATION TO PROCEED/PAQ PROJECT WORKAn approved PAQ alone does not constitute an authorization to proceed with project work. In accordance with paragraph 9 of the attached Terms and Conditions Request for Proposal, before providing work on any project, the contractor must receive a properly authorized Purchase Order except the state agency may authorize an obligation of less than $3,000.00 pursuant to the terms of the contract without the official encumbrance of funds (i.e. without the issuance of a properly authorized Purchase Order). Project work shall include the contractor’s completion of the tasks identified in the PAQ. .

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Vendor Responsee. STEP 5: FORMAL ACCEPTANCE

Upon the completion of all project work of a given PAQ, the contractor must notify the agency’s designated Project Manager in writing and shall submit an invoice in accordance with the PAQ deliverable compensation requirements as described in the PAQ document. The agency’s designated Project Manager shall review, approve, and formally accept or reject the components of the PAQ project work in accordance with the turnaround time / WBS outlined in the PAQ. Formal acceptance shall not be unreasonable delayed or withheld by the state. Once the PAQ project work has been formally accepted by the state agency, the contractor shall deliver the source code materials (if applicable) pertaining to the PAQ project work to the state agency within five (5) business days.

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f. STEP 6: COST RECOVERY FOR CONTRACTORProject costs for the PAQ project work shall be reimbursable upon formal acceptance by the agency’s designated Project Manager in accordance with the deliverables for compensation outlined in the PAQ.

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2.24.3 The contractor shall submit PAQ Responses in a timely manner in accordance with the state agency’s prescribed number of days for the contractor to submit the PAQ Response.

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2.25.2 Prior to the PAQ Response Due Date, it shall be the contractor's responsibility to ask questions, request changes or clarification, or otherwise advise the requesting state agency if any language, specifications or requirements of the PAQ appear to be ambiguous, contradictory, and/or arbitrary, or appear to inadvertently restrict or limit the requirements stated in the PAQ to a single source. Any and all communication from contractors regarding specifications, requirements, etc., must be directed to the state agency contact listed on the PAQ Request document.

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Vendor Response2.25.3 The requesting state agency reserves the right to officially amend or

cancel a PAQ after issuance. The state agency shall notify all contractors of any amendment or cancellation.

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2.25.4 The agency’s designated Project Manager reserves the right to reject any contractor-submitted PAQ that is non-compliant with the PAQ’s mandatory requirements.

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2.25.5 The contractor shall not be paid for the preparation of the PAQ Response.

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2.25.6 A PAQ Request, PAQ Response, and the contractor’s project work must be within the scope of the performance requirements identified in the contract, which the contractor must not change any provision of the contract.

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2.25.7 Any changes to the PAQ, after the state’s acceptance of the PAQ, must be formalized in writing as an official revision to the PAQ. The format of PAQ revisions shall be consistent with the format of the PAQ as outlined above, including the distribution of the original to the Division of Purchasing and Materials Management, a copy to the contractor and retaining a copy for the agency’s designated Project Manager.

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2.25.8 The agency’s designated Project Manager shall have the right to terminate the PAQ at any time, for the convenience of the agency, without penalty or recourse, by giving written notice to the contractor at least ten (10) business days prior to the effective date of such termination. In the event of termination pursuant to this paragraph, all developed source code, documents, data, reports, and accomplishments prepared, furnished or completed by the contractor pursuant to the terms of the contract shall, at the option of the agency’s designated Project Manager become the property of the State of Missouri. The contractor shall be entitled to receive compensation for that work completed and accepted by the State pursuant to the PAQ prior to the effective date of termination.

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Vendor Response2.25.9 The duration of any PAQ must not exceed the effective contract

period. However, if valid renewal options remain in the contract, the state agency may allow the PAQ to continue contingent upon the DPMM exercising the available renewal option.

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2.25.10 Project Assessment Quotation Invoicing: The contractor shall submit an invoice to the agency within thirty (30) calendar days after completion of and in accordance with the mutually agreed upon deliverables for compensation for the contractor’s project work (as specified in applicable Project Assessment Quotation).

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2.25 Payment Requirements/Desirable Attributes:

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Vendor Response2.25.1 The contractor shall understand and agree the state reserves the right to

make contract payments to the contractor through electronic funds transfer (EFT). Therefore, prior to any payments becoming due under the contract, the contractor must update their vendor registration with their ACH-EFT payment information at https://MissouriBUYS.mo.gov. Each contractor invoice must be on the contractor’s original descriptive business invoice form and must contain a unique invoice number. The invoice number will be listed on the state’s EFT addendum record to enable the contractor to properly apply state payments to invoices. The contractor must comply with all other invoicing requirements stated in the RFP.

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Vendor Response2.25.2 The contractor may obtain detailed information for payments issued for

the past 24 months from the State of Missouri’s central accounting system (SAM II) on the Vendor Services Portal at: https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx .

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2.25.3 Travel reimbursement - The contractor shall be reimbursed as specified below for travel expenses incurred within the geographic boundaries of the State of Missouri when required to travel away from the contractor’s official domicile in order to fulfill the requirements of the contract. The contractor must obtain the written approval of the Department prior to incurring any travel expenses. The contractor must provide the Department with the amount of detail on the travel request as required by the Department in order for the Department to review the appropriateness of travel and estimated travel charges.

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a. Mileage – The contractor shall be reimbursed for travel mileage at the current per mile reimbursement rate ordered by the commissioner of administration pursuant to section 33.095, RSMo. The current per mile reimbursement rate can be found at the following website: http://oa.mo.gov/accounting/state-employees/travel-portal-information/mileage.

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b. Lodging – If overnight lodging is approved by the Department, the contractor shall be reimbursed for actual lodging expenses incurred subject to the maximum amounts specified in the Contiguous US Per Diem Rates (CONUS) which can be accessed from http://oa.mo.gov/travel-portal by clicking on CONUS Rates (lodging only) on the left hand side of the page or by clicking on the link for “Per Diem Rates” at the following Internet address: http://www.gsa.gov. If contractor’s lodging costs will exceed the limits specified in CONUS, the contractor must obtain the prior written approval of the Department for an exception to CONUS. The decision to approve or deny the exception request shall rest solely with the Department and shall be based on the situation.

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Vendor Responsec. Meals – The contractor shall be reimbursed for the actual cost of meals

subject to the most current maximum meal per diem found under the Travel Resources tab at http://oa.mo.gov/travel-portal by clicking on the “State Meals Per Diem Rates and Information” link.

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d. Other Miscellaneous Travel Expenses – The contractor shall be reimbursed the actual amount of other travel expenses incurred, provided that the Department approved the possibility for and estimates of such expenses in advance and that the actual expenses incurred are reasonable for the location in which the travel occurred.

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e. Invoicing and Payment – The contractor must itemize all expenses incurred including miles traveled on the invoice submitted to the Department for reimbursement and must attach original receipts for expenses.

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f. The contractor shall be reimbursed for such expenses, after receipt of all required documentation and approval by the Department of the invoice and documentation.

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g. In no event shall the contractor be reimbursed for any travel beyond those included within the guaranteed, not-to-exceed total stated on the Pricing Page.

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2.25.4 Other than the payments and reimbursements specified above, no other payments or reimbursements shall be made to the contractor for any reason whatsoever. including, but not limited to taxes, travel expenses, shipping charges, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc.

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END OF PART TWO: SCOPE OF WORK

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3. GENERAL CONTRACTUAL REQUIREMENTS:

This section of the RFP includes the general contractual requirements and provisions that shall govern the contract after RFP award. The contents of this section include mandatory provisions that must be adhered to by the state and the contractor unless changed by a contract amendment. Response to this section by the vendor is not necessary as all provisions are mandatory.

3.1 Contractual Requirements:

3.1.1 A binding contract shall consist of: (1) the RFP, amendments thereto, and any Best and Final Offer (BAFO) request(s) with RFP changes/additions, (2) the contractor’s proposal including any contractor BAFO response(s), (3) clarification of the proposal, if any, and (4) the Division of Purchasing’s acceptance of the proposal by “notice of award”. All Exhibits and Attachments included in the RFP shall be incorporated into the contract by reference.

a. A notice of award issued by the State of Missouri does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing equipment, supplies and/or services for the State of Missouri, the contractor must receive a properly authorized purchase order or other form of authorization given to the contractor at the discretion of the state agency.

b. The State of Missouri shall not sign or execute any additional contract, license, or other agreements containing contractual terms and conditions as a result of this procurement. Agency and/or Cooperative Procurement (if applicable) End Users of the contract may place orders under this contract in accordance with the stated procedures, provided such orders do not change the contract terms and conditions. Under no circumstances may a PAQ issued under the contract agreement change or modify any of the terms, conditions, and provisions of the contract.

c. The contract expresses the complete agreement of the parties and performance shall be governed solely by the specifications and requirements contained therein.

1. The State of Missouri does not negotiate contracts after award.

d. Any change to the contract, whether by modification and/or supplementation, must be accomplished by a formal contract amendment signed and approved by and between the duly authorized representative of the contractor and the Division of Purchasing prior to the effective date of such modification. The contractor expressly and explicitly understands and agrees that no other method and/or no other document, including correspondence, acts, and oral communications by or from any person, shall be used or construed as an amendment or modification to the contract.

3.2 Contract Period: 3.2.1 The original contract period shall be as stated on the Notice of Award. The contract shall not bind, nor

purport to bind, the state for any contractual commitment in excess of the original contract period. The Department shall have the right, at its sole option, to renew the contract for three (3) additional one-year periods, or any portion thereof. In the event the Department exercises such right, all terms and conditions, requirements and specifications of the contract, including prices, shall remain the same and apply during renewal periods. However, the contractor shall understand and agree the state may determine funding limitations necessitate a decrease in the contractor’s pricing for the renewal period(s). If such action is necessary and the contractor rejects the decrease, the contract may be terminated, and a new procurement process may be conducted.

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3.3 Renewal Periods:

3.3.1 If the option for renewal is exercised by the state agency, the contractor shall agree that the prices for the renewal period shall not exceed the maximum percent of increase for the applicable renewal period stated on the Pricing Page of the contract.

a. If the option for renewal is exercised by the Division of Purchasing, the contractor shall agree that the prices for the renewal period shall not exceed the maximum price for the applicable renewal period stated on the Pricing Page of the contract.

b. If renewal prices are not provided with the accepted proposal, then prices during renewal periods shall be the same as during the original contract period.

c. In addition, the contractor shall understand and agree that renewal period price increases specified in the contract are not automatic. At the time of contract renewal, if the state determines funding does not permit the specified renewal pricing increase or even a portion thereof, the renewal pricing shall remain the same as during the previous contract period. If such action is rejected by the contractor, the contract may be terminated, and a new procurement process may be conducted. The contractor shall also understand and agree the state may determine funding limitations necessitate a decrease in the contractor’s pricing for the renewal period(s). If such action is necessary and the contractor rejects the decrease, the contract may be terminated, and a new procurement process may be conducted.

3.4 Contract Extension:

3.4.1 In the event that an extension of contract is required to complete the re-procurement process, or to complete existing Project Assessment Quotation (PAQ) agreements, the Division of Purchasing reserves the right to extend the contract. If exercised, the extension shall be for a reasonable period of time as mutually agreed to by the state and the contractor at the same terms, conditions, provisions, and pricing of the contract upon expiration of the final contract renewal.

3.5 Contract Price:

3.5.1 All prices shall be firm, fixed, and as indicated in Exhibit A, Pricing Pages. Except as set forth below, the state shall not pay nor be liable for any other additional costs, including but not limited to taxes, shipping charges, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc.

a. Prices shall include all packing, handling, shipping and freight charges FOB Destination, Freight Prepaid and Allowed. The State of Missouri shall not make additional payments or pay add-on charges for freight or shipping unless specifically described and priced in the bid, or as otherwise specifically stated and allowed by the RFP.

3.6 Invoicing and Payment Requirements:

3.6.1 The contractor shall understand and agree the state reserves the right to make contract payments to the contractor through electronic funds transfer (EFT). Therefore, prior to any payments becoming due under the contract, the contractor must return a completed state Vendor Input/ACH-EFT Application, which is downloadable from the Vendor Services Portal at: https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx. Each contractor invoice must be on the contractor’s original descriptive business invoice form and must contain a unique invoice number. The invoice number will be listed on the state’s EFT addendum record to enable the contractor to properly apply state payments to invoices. The contractor must comply with all other invoicing requirements stated in the RFP.

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3.6.2 The contractor may obtain detailed information for payments issued for the past 24 months from the State of Missouri’s central accounting system (SAMII) on the Vendor Services Portal at https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx.

Invoicing – All invoices must be sent to ITSD the Project Manager at the address below:

OA-ITSD Accounts PayableHST Building, Room 280PO Box 809, 301 West High StreetJefferson City, MO [email protected]

3.7 Termination:

3.7.1 The Department reserves the right to terminate the contract at any time, for the convenience of the State of Missouri, without penalty or recourse, by giving written notice to the contractor at least thirty (30) calendar days prior to the effective date of such termination. In the event of termination pursuant to this paragraph, all documents, data, reports, supplies, equipment, and accomplishments prepared, furnished or completed by the contractor pursuant to the terms of the contract shall, at the option of the Department, become the property of the State of Missouri. The contractor shall be entitled to receive compensation for services and/or supplies delivered to and accepted by the State of Missouri pursuant to the contract prior to the effective date of termination.

3.8 Transition:

3.8.1 The contractor shall work with the state agency and any other organizations designated by the state agency to ensure an orderly transition of services and responsibilities under the contract and to ensure the continuity of those services required by the state agency.

3.8.2 Upon expiration, termination, or cancellation of the contract, the contractor shall assist the state agency to ensure an orderly and smooth transfer of responsibility and continuity of those services required under the terms of the contract to an organization designated by the state agency. If requested by the state agency, the contractor shall provide and/or perform any or all of the following responsibilities:

a. The contractor shall deliver, FOB destination, all records, documentation, hardware, software, reports, data, recommendations, etc., which were required to be produced under the terms of the contract to the state agency and/or to the state agency's designee within seven (7) days after receipt of the written request in a format and condition that are acceptable to the state agency.

b. The contractor shall discontinue providing service or accepting new assignments under the terms of the contract, on the date specified by the state agency, in order to ensure the completion of such service prior to the expiration of the contract.

3.9 Contractor Liability: 3.5.1 The contractor shall be responsible for any and all personal injury (including death) or property damage as

a result of the contractor's negligence involving any equipment or service provided under the terms and conditions, requirements and specifications of the contract. In addition, the contractor assumes the obligation to save the State of Missouri, including its agencies, employees, and assignees, from every expense, liability, or payment arising out of such negligent act.

a. The contractor also agrees to hold the State of Missouri, including its agencies, employees, and assignees, harmless for any negligent act or omission committed by any subcontractor or other person employed by or under the supervision of the contractor under the terms of the contract.

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b The contractor shall not be responsible for any injury or damage occurring as a result of any negligent act or omission committed by the State of Missouri, including its agencies, employees, and assignees.

c Under no circumstances shall the contractor be liable for any of the following: (1) third party claims against the state for losses or damages (other than those listed above); (2) loss of, or damage to, the state’s records or data; or (3) economic consequential damages (including lost profits or savings) or incidental damages, even if the contractor is informed of their possibility.

3.10 Insurance:

3.10.1 The contractor shall understand and agree that the State of Missouri cannot save and hold harmless and/or indemnify the contractor or employees against any liability incurred or arising as a result of any activity of the contractor or any activity of the contractor's employees related to the contractor's performance under the contract. Therefore, the contractor must acquire and maintain adequate liability insurance in the form(s) and amount(s) sufficient to protect the State of Missouri, its agencies, its employees, its clients, and the general public against any such loss, damage and/or expense related to his/her performance under the contract. General and other non-professional liability insurance shall include an endorsement that adds the State of Missouri as an additional insured. Self-insurance coverage or another alternative risk financing mechanism may be utilized provided that such coverage is verifiable and irrevocably reliable and the State of Missouri is protected as an additional insured.

a Written evidence of the insurance shall be provided by the contractor to the state agency prior to performance under the contract or by no later than 30 calendar days after the effective date of the contract or prior to installation of the Canteen System. The evidence of insurance shall include, but shall not necessarily be limited to: effective dates of coverage, limits of liability, insurer's name, policy number, endorsement for the non-professional liability insurance naming the State of Missouri as an additional insured, endorsement by representatives of the insurance company, etc. The contract number must be identified on the evidence of insurance coverage. Evidence of self-insurance coverage or of another alternative risk financing mechanism may be utilized provided that such coverage is verifiable and irrevocably reliable and the State of Missouri is protected as an additional insured.

b In the event the insurance coverage is canceled, the agency must be notified within thirty (30) calendar days.

3.11 Subcontractors:

3.11.1 Any subcontracts for the products/services described herein must include appropriate provisions and contractual obligations to ensure the successful fulfillment of all contractual obligations agreed to by the contractor and the State of Missouri and to ensure that the State of Missouri is indemnified, saved, and held harmless from and against any and all claims of damage, loss, and cost (including attorney fees) of any kind related to a subcontract in those matters described in the contract between the State of Missouri and the contractor.

a The contractor shall expressly understand and agree that he/she shall assume and be solely responsible for all legal and financial responsibilities related to the execution of a subcontract.

b The contractor shall agree and understand that utilization of a subcontractor to provide any of the products/services in the contract shall in no way relieve the contractor of the responsibility for providing the products/services as described and set forth herein.

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c The contractor must obtain the approval of the State of Missouri prior to establishing any new subcontracting arrangements and before changing any subcontractors. The approval shall not be arbitrarily withheld.

d Pursuant to subsection 1 of section 285.530, RSMo, no contractor or subcontractor shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the state of Missouri. In accordance with sections 285.525 to 285.550, RSMo, a general contractor or subcontractor of any tier shall not be liable when such contractor or subcontractor contracts with its direct subcontractor who violates subsection 1 of section 285.530, RSMo, if the contract binding the contractor and subcontractor affirmatively states that:

1) The direct subcontractor is not knowingly in violation of subsection 1 of section 285.530, RSMo, and shall not henceforth be in such violation.

2) The contractor or subcontractor receives a sworn affidavit under the penalty of perjury attesting to the fact that the direct subcontractor’s employees are lawfully present in the United States.

3.12 Participation by Other Organizations:

3.12.1 The contractor must comply with any Organization for the Blind/Sheltered Workshop, Service-Disabled Veteran Business Enterprise (SDVE), and/or Minority Business Enterprise/Women Business Enterprise (MBE/WBE) participation levels committed to in the contractor’s awarded proposal.

a. The contractor shall prepare and submit to the Division of Purchasing a report detailing all payments made by the contractor to Organizations for the Blind/Sheltered Workshops, SDVEs, and/or MBE/WBEs participating in the contract for the reporting period. The contractor must submit the report on a monthly basis, unless otherwise determined by the Division of Purchasing.

b. The Division of Purchasing will monitor the contractor’s compliance in meeting the Organizations for the Blind/Sheltered Workshop and SDVE participation levels committed to in the contractor’s awarded proposal. The Division of Purchasing in conjunction with the Office of Equal Opportunity (OEO) will monitor the contractor’s compliance in meeting the MBE/WBE participation levels committed to in the contractor’s awarded proposal. If the contractor’s payments to the participating entities are less than the amount committed, the state may cancel the contract and/or suspend or debar the contractor from participating in future state procurements, or retain payments to the contractor in an amount equal to the value of the participation commitment less actual payments made by the contractor to the participating entity. If the Division of Purchasing determines that the contractor becomes compliant with the commitment, any funds retained as stated above, will be released.

c. If a participating entity fails to retain the required certification or is unable to satisfactorily perform, the contractor must obtain other certified MBE/WBEs or other organizations for the blind/sheltered workshops or other SDVEs to fulfill the participation requirements committed to in the contractor’s awarded proposal.

1) The contractor must obtain the written approval of the Division of Purchasing for any new entities. This approval shall not be arbitrarily withheld.

2) If the contractor cannot obtain a replacement entity, the contractor must submit documentation to the Division of Purchasing detailing all efforts made to secure a replacement. The Division of Purchasing shall have sole discretion in determining if the actions taken by the contractor constitute a good faith effort to secure the required participation and whether the contract will be amended to change the contractor’s participation commitment.

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d. No later than 30 days after the effective date of the first renewal period, the contractor must submit an affidavit to the Division of Purchasing. The affidavit must be signed by the director or manager of the participating Organizations for the Blind/Sheltered Workshop verifying provision of products and/or services and compliance of all contractor payments made to the Organizations for the Blind/Sheltered Workshops. The contractor may use the affidavit available on the Division of Purchasing’s website at http://oa.mo.gov/sites/default/files/bswaffidavit.doc or another affidavit providing the same information.

3.13 Substitution of Personnel:

3.13.1 The contractor agrees and understands that the State of Missouri's agreement to the contract is predicated in part on the utilization of the specific key individual(s) and/or personnel qualifications identified in the proposal. Therefore, the contractor agrees that no substitution of such specific key individual(s) and/or personnel qualifications shall be made without the prior written approval of the state agency. The contractor further agrees that any substitution made pursuant to this paragraph must be equal or better than originally proposed and that the state agency's approval of a substitution shall not be construed as an acceptance of the substitution's performance potential. The State of Missouri agrees that an approval of a substitution will not be unreasonably withheld.

3.14 Authorized Personnel:

3.14.1 The contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws. This includes but is not limited to the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) and INA Section 274A.

3.14.2 If the contractor is found to be in violation of this requirement or the applicable state, federal and local laws and regulations, and if the State of Missouri has reasonable cause to believe that the contractor has knowingly employed individuals who are not eligible to work in the United States, the state shall have the right to cancel the contract immediately without penalty or recourse and suspend or debar the contractor from doing business with the state. The state may also withhold up to twenty-five percent of the total amount due to the contractor.

3.14.3 The contractor shall agree to fully cooperate with any audit or investigation from federal, state, or local law enforcement agencies.

3.14.4 If the contractor meets the definition of a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, the contractor shall maintain enrollment and participation in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the contracted services included herein. If the contractor’s business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then the contractor shall, prior to the performance of any services as a business entity under the contract:

a. Enroll and participate in the E-Verify federal work authorization program with respect to the

employees hired after enrollment in the program who are proposed to work in connection with the services required herein; AND

b. Provide to the Division of Purchasing the documentation required in the exhibit titled, Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization affirming said company’s/individual’s enrollment and participation in the E-Verify federal work authorization program; AND

c. Submit to the Division of Purchasing a completed, notarized Affidavit of Work Authorization provided in the exhibit titled, Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization.

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3.14.5 In accordance with subsection 2 of section 285.530, RSMo, the contractor should renew their Affidavit of Work Authorization annually. A valid Affidavit of Work Authorization is necessary to award any new contracts.

3.15 Contractor Status:

3.15.1 The contractor is an independent contractor and shall not represent the contractor or the contractor’s employees to be employees of the State of Missouri or an agency of the State of Missouri. The contractor shall assume all legal and financial responsibility for salaries, taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, etc., and agrees to indemnify, save, and hold the State of Missouri, its officers, agents, and employees, harmless from and against, any and all loss; cost (including attorney fees); and damage of any kind related to such matters.

3.16 Coordination:

3.16.1 The contractor shall fully coordinate all contract activities with those activities of the state agency. As the work of the contractor progresses, advice and information on matters covered by the contract shall be made available by the contractor to the state agency or the Division of Purchasing throughout the effective period of the contract.

3.17 Substitution of Products:

3.17.1 The contractor shall not substitute any item(s) that has been awarded to the contractor without the prior written approval of the state agency.

a. In the event an item becomes unavailable, the contractor shall be responsible for providing a suitable substitute item. The contractor’s failure to provide an acceptable substitute may result in cancellation or termination of the contract.

b. Any item substitution must be a replacement of the contracted item with a product of equal or better capabilities and quality, and with equal or lower pricing. The contractor shall understand that the state reserves the right to allow the substitution of any new or different product/system offered by the contractor. The state agency shall be the final authority as to acceptability of any proposed substitution.

c. Any item substitution shall require a formal contract amendment authorized by the state agency prior to the state acquiring the substitute item under the contract.

d. The state may choose not to compel an item substitution in the event requiring a substitution would be deemed unreasonable in the sole opinion of the State of Missouri. The contractor shall not be relieved of substituting a product in the event of manufacturer discontinuation or other reason simply for reasons of unprofitability to the contractor.

3.18 Replacement of Damaged Product:

3.18.1 The contractor shall be responsible for replacing any item received in damaged condition at no cost to the State of Missouri. This includes all shipping costs for returning non-functional items to the contractor for replacement.

3.19 Delivery Performance:

3.19.1 The contractor and/or the contractor's subcontractor(s) shall deliver products in accordance with the contracted delivery times stated herein to the state agency upon receipt of an authorized purchase order or

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P-card transaction notice. Delivery shall include unloading shipments at the state agency's dock or other designated unloading site as requested by the state agency. All orders must be shipped F.O.B. Destination, Freight Prepaid and Allowed. All orders received on the last day of the contract, must be shipped at the contract price. All deliveries must be coordinated with the state agency.

3.20 Property of State:

3.20.1 The contractor shall agree and understand that all documents, data, reports, supplies, equipment, and accomplishments prepared, furnished, or completed by the contractor pursuant to the terms of the contract shall become the property of the State of Missouri. Upon expiration, termination, or cancellation of the contract, said items shall become the property of the State of Missouri, which shall include all rights and interests for present and future use or sale as deemed appropriate by the state agency.

a. The State of Missouri understands and agrees that any ancillary software tools or pre-printed materials (e.g., project management software tools or training software tools, etc.) developed or acquired by the contractor that may be necessary to perform a particular service required hereunder but not required as a specific deliverable of the contract, shall remain the property of the contractor; however, the contractor shall be responsible for ensuring such tools and materials are being used in accordance with applicable intellectual property rights and copyrights.

b. The contractor shall further agree that no reports, documentation, or material prepared, including the program(s) developed as required by the contract, shall be used or marketed by the contractor or released to the public without the prior written consent of the state agency.

3.21 Confidentiality:

3.21.1 The contractor shall agree and understand that all discussions with the contractor and all information gained by the contractor as a result of the contractor’s performance under the contract shall be confidential and that no reports, documentation, or material prepared as required by the contract shall be released to the public without the prior written consent of the Department.

3.21.2 If required by the Department, the contractor and any required contractor personnel must sign specific documents regarding confidentiality, security, or other similar documents upon request. Failure of the contractor and any required personnel to sign such documents shall be considered a breach of contract and subject to the cancellation provisions of this document.

3.22 Contractor Equipment Use:

3.22.1 Title to any equipment required by the contract shall be held by and vested in the contractor. The State of Missouri shall not be liable in the event of loss, incident, destruction, theft, damage, etc., for the equipment including, but not limited to, devices, wires, software, technical literature, etc. It shall be the contractor’s sole responsibility to obtain insurance coverage for such loss in an amount that the contractor deems appropriate.

3.22.2 The contractor shall not perform any work under the contract that by Missouri law (section 290.250, RSMo) requires prevailing wage. The contractor must notify the Department if any requested work would involve prevailing wage; the Department shall then arrange for said work outside the subject contract in accordance with Missouri law.

3.23 Inventions, Patents, and Copyrights:

3.23.1 If any copyrighted material is developed as a result of the contract, the state agency shall have a royalty-free, nonexclusive and irrevocable right to publish or use, and to authorize others to use, the work for state agency purposes or the purpose of the State of Missouri.

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a. The state agrees that the contractor has the right to defend or at its option to settle, and the contractor agrees to defend at its own expense or at its option to settle, any claim, suit or proceeding brought against the state on the issue of infringement of any United States patent or copyright by any product, or any part thereof, supplied by the contractor to the state under this agreement. The contractor agrees to pay, subject to the limitations hereinafter set forth in this paragraph, any final judgment entered against the state on such issue in any suit or proceeding defended by the contractor. The state agrees that the contractor at its sole option shall be relieved of the foregoing obligations unless the state notifies the contractor promptly in writing of any such claim, suit, or proceeding, and at the contractor's expense, gives the contractor proper and full information needed to settle and/or to defend any such claim, suit, or proceeding. If the product, or any part thereof, furnished by the contractor to the state becomes, or in the opinion of the contractor may become, the subject of any claim, suit, or proceeding for infringement of any United States patent or copyright, or in the event of any adjudication that such product or part infringes any United States patent or copyright, or if the use, lease, or sale of such product or part is enjoined, the contractor may, at its option and its expense: (1) procure for the state the right under such patent or copyright to use, lease, or sell as appropriate such product or part, or (2) replace such product or part with other product or part suitable to the state, or (3) suitably modify such product or part, or (4) discontinue the use of such product or part and refund the aggregated payments and transportation costs paid therefore by the state, less a reasonable sum for use and damage. The contractor shall have no liability for any infringement based upon: (1) the combination of such product or part with any other product or part not furnished to the state by the contractor, or (2) the modification of such product or part unless such modification was made by the contractor, or (3) the use of such product or part in manner for which it was not designed.

b. The contractor shall not be liable for any cost, expense, or compromise, incurred or made by the state in conjunction with any issue of infringement without the contractor's prior written authorization. The foregoing defines the entire warranty by the contractor and the exclusive remedy of the state with respect to any alleged patent infringement by such product or part.

3.24 Business Associate Provisions:

3.24.1 Health Insurance Portability and Accountability Act of 1996, as amended - The state agency and the contractor are both subject to and must comply with provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH) (PL-111-5) (collectively, and hereinafter, HIPAA) and all regulations promulgated pursuant to authority granted therein. The contractor constitutes a “Business Associate” of the state agency. Therefore, the term, “contractor” as used in this section shall mean “Business Associate.”

a. The contractor agrees that for purposes of the Business Associate Provisions contained herein, terms used but not otherwise defined shall have the same meaning as those terms defined in 45 CFR Parts 160 and 164 and 42 U.S.C. §§ 17921 et. seq. including, but not limited to the following:

1. “Access”, “administrative safeguards”, “confidentiality”, “covered entity”, “data aggregation”, “designated record set”, “disclosure”, “hybrid entity”, “information system”, “physical safeguards”, “required by law”, “technical safeguards”, “use” and “workforce” shall have the same meanings as defined in 45 CFR 160.103, 164.103, 164.304, and 164.501 and HIPAA.

2. “Breach” shall mean the unauthorized acquisition, access, use, or disclosure of Protected Health Information which compromises the security or privacy of such information, except as provided in 42 U.S.C. § 17921. This definition shall not apply to the term “breach of contract” as used within the contract.

3. “Business Associate” shall generally have the same meaning as the term “business associate” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean the contractor.

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4. “Covered Entity” shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean the state agency.

5. “Electronic Protected Health Information” shall mean information that comes within paragraphs (1)(i) or (1)(ii) of the definition of Protected Health Information as specified below.

6. “Enforcement Rule” shall mean the HIPAA Administrative Simplification: Enforcement; Final Rule at 45 CFR Parts 160 and 164.

7. “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.

8. “Individual” shall have the same meaning as the term “individual” in 45 CFR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502 (g).

9. “Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E.

10. “Protected Health Information” as defined in 45 CFR 160.103, shall mean individually identifiable health information:

- (a) Except as provided in paragraph (b) of this definition, that is: (i) Transmitted by electronic media; or (ii) Maintained in electronic media; or (iii) Transmitted or maintained in any other form or medium.- (b) Protected Health Information excludes individually identifiable health information in (i) Education records covered by the Family Educational Rights and Privacy Act, as amended, 20 U.S.C. 1232g; (ii) Records described at 20 U.S.C. 1232g(a)(4)(B)(iv); and (iii) Employment records held by a covered entity (state agency) in its role as employer.

11. “Security Incident” shall be defined as set forth in the “Obligations of the Contractor” section of the Business Associate Provisions.

12. “Security Rule” shall mean the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR Part 164, Subpart C.

13. “Unsecured Protected Health Information” shall mean Protected Health Information that is not secured through the use of a technology or methodology determined in accordance with 42 U.S.C. § 17932 or as otherwise specified by the secretary of Health and Human Services.

b. The contractor agrees and understands that wherever in this document the term Protected Health Information is used, it shall also be deemed to include Electronic Protected Health Information.

c. The contractor must appropriately safeguard Protected Health Information which the contractor receives from or creates or receives on behalf of the state agency. To provide reasonable assurance of appropriate safeguards, the contractor shall comply with the business associate provisions stated herein, as well as the provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH) (PL-111-5) and all regulations promulgated pursuant to authority granted therein.

d. The state agency and the contractor agree to amend the contract as is necessary for the parties to comply with the requirements of HIPAA and the Privacy Rule, Security Rule, Enforcement Rule, and other rules as later promulgated (hereinafter referenced as the regulations promulgated

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thereunder). Any ambiguity in the contract shall be interpreted to permit compliance with the HIPAA Rules.

3.24.2 Permitted Uses and Disclosures of Protected Health Information by the Contractor:

a. The contractor may not use or disclose Protected Health Information in any manner that would violate Subpart E of 45 CFR Part 164 if done by the state agency, except for the specific uses and disclosures in the contract.

b. The contractor may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, the state agency as specified in the contract, provided that such use or disclosure would not violate HIPAA and the regulations promulgated thereunder.

c. The contractor may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1) and shall notify the state agency by no later than ten (10) calendar days after the contractor becomes aware of the disclosure of the Protected Health Information.

d. If required to properly perform the contract and subject to the terms of the contract, the contractor may use or disclose Protected Health Information if necessary for the proper management and administration of the contractor’s business.

e. If the disclosure is required by law, the contractor may disclose Protected Health Information to carry out the legal responsibilities of the contractor.

f. If applicable, the contractor may use Protected Health Information to provide Data Aggregation services to the state agency as permitted by 45 CFR 164.504(e)(2)(i)(B).

g. The contractor may not use Protected Health Information to de-identify or re-identify the information in accordance with 45 CFR 164.514(a)-(c) without specific written permission from the state agency to do so.

h. The contractor agrees to make uses and disclosures and requests for Protected Health Information consistent with the state agency’s minimum necessary policies and procedures.

3.24.3 Obligations and Activities of the Contractor:

a. The contractor shall not use or disclose Protected Health Information other than as permitted or required by the contract or as otherwise required by law, and shall comply with the minimum necessary disclosure requirements set forth in 45 CFR § 164.502(b).

b. The contractor shall use appropriate administrative, physical and technical safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by the contract. Such safeguards shall include, but not be limited to:

1) Workforce training on the appropriate uses and disclosures of Protected Health Information pursuant to the terms of the contract;

2) Policies and procedures implemented by the contractor to prevent inappropriate uses and disclosures of Protected Health Information by its workforce and subcontractors, if applicable;

3) Encryption of any portable device used to access or maintain Protected Health Information or use of equivalent safeguard;

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4) Encryption of any transmission of electronic communication containing Protected Health Information or use of equivalent safeguard; and

5) Any other safeguards necessary to prevent the inappropriate use or disclosure of Protected Health Information.

c. With respect to Electronic Protected Health Information, the contractor shall use appropriate administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the Electronic Protected Health Information that contractor creates, receives, maintains or transmits on behalf of the state agency and comply with Subpart C of 45 CFR Part 164, to prevent use or disclosure of Protected Health Information other than as provided for by the contract.

d. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), the contractor shall require that any agent or subcontractor that creates, receives, maintains, or transmits Protected Health Information on behalf of the contractor agrees to the same restrictions, conditions, and requirements that apply to the contractor with respect to such information.

e. By no later than ten (10) calendar days after receipt of a written request from the state agency, or as otherwise required by state or federal law or regulation, or by another time as may be agreed upon in writing by the state agency, the contractor shall make the contractor’s internal practices, books, and records, including policies and procedures and Protected Health Information, relating to the use and disclosure of Protected Health Information received from, created by, or received by the contractor on behalf of the state agency available to the state agency and/or to the Secretary of the Department of Health and Human Services or designee for purposes of determining compliance with the HIPAA Rules and the contract.

f. The contractor shall document any disclosures and information related to such disclosures of Protected Health Information as would be required for the state agency to respond to a request by an individual for an accounting of disclosures of Protected Health Information in accordance with 42 USCA §17932 and 45 CFR 164.528. By no later than five (5) calendar days of receipt of a written request from the state agency, or as otherwise required by state or federal law or regulation, or by another time as may be agreed upon in writing by the state agency, the contractor shall provide an accounting of disclosures of Protected Health Information regarding an individual to the state agency. If requested by the state agency or the individual, the contractor shall provide an accounting of disclosures directly to the individual. The contractor shall maintain a record of any accounting made directly to an individual at the individual’s request and shall provide such record to the state agency upon request.

g. In order to meet the requirements under 45 CFR 164.524, regarding an individual’s right of access, the contractor shall, within five (5) calendar days following a state agency request, or as otherwise required by state or federal law or regulation, or by another time as may be agreed upon in writing by the state agency, provide the state agency access to the Protected Health Information in an individual’s designated record set. However, if requested by the state agency, the contractor shall provide access to the Protected Health Information in a designated record set directly to the individual for whom such information relates.

h. At the direction of the state agency, the contractor shall promptly make any amendment(s) to Protected Health Information in a Designated Record Set pursuant to 45 CFR 164.526.

i. The contractor shall report to the state agency’s Security Officer any security incident immediately upon becoming aware of such incident and shall take immediate action to stop the continuation of any such incident. For purposes of this paragraph, security incident shall mean the attempted or successful unauthorized access, use, modification or destruction of information or interference with systems operations in an information system. This does not include trivial incidents that occur on a

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daily basis, such as scans, “pings,” or unsuccessful attempts that do not penetrate computer networks or servers or result in interference with system operations. By no later than five (5) days after the contractor becomes aware of such incident, the contractor shall provide the state agency’s Security Officer with a description of any remedial action taken to mitigate any harmful effect of such incident and a proposed written plan of action for approval that describes plans for preventing any such future security incidents.

j. The contractor shall report to the state agency’s Privacy Officer any unauthorized use or disclosure of Protected Health Information not permitted or required as stated herein immediately upon becoming aware of such use or disclosure and shall take immediate action to stop the unauthorized use or disclosure. By no later than five (5) calendar days after the contractor becomes aware of any such use or disclosure, the contractor shall provide the state agency’s Privacy Officer with a written description of any remedial action taken to mitigate any harmful effect of such disclosure and a proposed written plan of action for approval that describes plans for preventing any such future unauthorized uses or disclosures.

k. The contractor shall report to the state agency’s Security Officer any breach immediately upon becoming aware of such incident and shall take immediate action to stop the continuation of any such incident. By no later than five (5) days after the contractor becomes aware of such incident, the contractor shall provide the state agency’s Security Officer with a description of the breach, the information compromised by the breach, and any remedial action taken to mitigate any harmful effect of such incident and a proposed written plan for approval that describes plans for preventing any such future incidents.

l. The contractor’s reports required in the preceding paragraphs shall include the following information regarding the security incident, improper disclosure/use, or breach, (hereinafter “incident”):

1. The name, address, and telephone number of each individual whose information was involved if such information is maintained by the contractor;

2. The electronic address of any individual who has specified a preference of contact by electronic mail;

3. A brief description of what happened, including the date(s) of the incident and the date(s) of the discovery of the incident;

4. A description of the types of Protected Health Information involved in the incident (such as full name, Social Security Number, date of birth, home address, account number, or disability code) and whether the incident involved Unsecured Protected Health Information; and

5. The recommended steps individuals should take to protect themselves from potential harm resulting from the incident.

m. Notwithstanding any provisions of the Terms and Conditions attached hereto, in order to meet the requirements under HIPAA and the regulations promulgated thereunder, the contractor shall keep and retain adequate, accurate, and complete records of the documentation required under these provisions for a minimum of six (6) years as specified in 45 CFR Part 164.

n. Contractor shall not directly or indirectly receive remuneration in exchange for any Protected Health Information without a valid authorization.

o. If the contractor becomes aware of a pattern of activity or practice of the state agency that constitutes a material breach of contract regarding the state agency's obligations under the Business Associate Provisions of the contract, the contractor shall notify the state agency’s Security Officer of the activity or practice and work with the state agency to correct the breach of contract.

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p. The contractor shall indemnify the state agency from any liability resulting from any violation of the Privacy Rule or Security Rule or Breach arising from the conduct or omission of the contractor or its employee(s), agent(s) or subcontractor(s). The contractor shall reimburse the state agency for any and all actual and direct costs and/or losses, including those incurred under the civil penalties implemented by legal requirements, including but not limited to HIPAA as amended by the Health Information Technology for Economic and Clinical Health Act, and including reasonable attorney’s fees, which may be imposed upon the state agency under legal requirements, including but not limited to HIPAA’s Administrative Simplification Rules, arising from or in connection with the contractor’s negligent or wrongful actions or inactions or violations of this Agreement.

3.24.4 Obligations of the State Agency:

a. The state agency shall notify the contractor of limitation(s) that may affect the contractor’s use or disclosure of Protected Health Information, by providing the contractor with the state agency’s notice of privacy practices in accordance with 45 CFR 164.520.

b. The state agency shall notify the contractor of any changes in, or revocation of, authorization by an Individual to use or disclose Protected Health Information.

c. The state agency shall notify the contractor of any restriction to the use or disclosure of Protected Health Information that the state agency has agreed to in accordance with 45 CFR 164.522.

d. The state agency shall not request the contractor to use or disclose Protected Health Information in any manner that would not be permissible under HIPAA and the regulations promulgated thereunder.

3.24.5 Expiration/Termination/Cancellation - Except as provided in the subparagraph below, upon the expiration, termination, or cancellation of the contract for any reason, the contractor shall, at the discretion of the state agency, either return to the state agency or destroy all Protected Health Information received by the contractor from the state agency, or created or received by the contractor on behalf of the state agency, and shall not retain any copies of such Protected Health Information. This provision shall also apply to Protected Health Information that is in the possession of subcontractor or agents of the contractor.

a. In the event the state agency determines that returning or destroying the Protected Health Information is not feasible, the contractor shall extend the protections of the contract to the Protected Health Information for as long as the contractor maintains the Protected Health Information and shall limit the use and disclosure of the Protected Health Information to those purposes that made return or destruction of the information infeasible. If at any time it becomes feasible to return or destroy any such Protected Health Information maintained pursuant to this paragraph, the contractor must notify the state agency and obtain instructions from the state agency for either the return or destruction of the Protected Health Information.

3.24.6 Breach of Contract – In the event the contractor is in breach of contract with regard to the business associate provisions included herein, the contractor agrees that in addition to the requirements of the contract related to cancellation of contract, if the state agency determines that cancellation of the contract is not feasible, the State of Missouri may elect not to cancel the contract, but the state agency shall report the breach of contract to the Secretary of the Department of Health and Human Services.

END OF PART THREE: GENERAL CONTRACTUAL REQUIREMENTS

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4. BID SUBMISSION, EVALUATION, AND AWARD INFORMATION

This section of the RFP includes information and instructions to the vendor that are integral to vendors offering a proposal. The contents of this section are informational and instructional. Many of the instructional provisions require certain actions by the vendor in offering a proposal.

4.1 Introduction:

4.1.1 The vendor’s proposal should include a complete plan for accomplishing the tasks described in this RFP and any supplemental tasks the vendor has identified as necessary to successfully complete the obligations outlined in this RFP. The vendor’s plan should demonstrate an understanding of and the ability to meet and perform all contractual requirements listed in this request, including all contractual services.

4.1.2 This section describes the contents and format designed to ensure completeness in the vendor's proposal. The intent of the instructions contained herein is to standardize the proposals to allow comparisons and enable equitable measurements for competitive review for awarding to the lowest and best responsive vendor with a proposal that is the most advantageous to the state.

4.1.3 The instructions contained herein are not an attempt to limit the contents of any proposal and the vendor may include any additional data and information which is deemed pertinent to the proposal for this RFP. The proposal should describe in detail the vendor’s ability and availability of services to meet the goals and objectives of this RFP.

4.2 Submission of Bids:

4.2.1 On-line Bid - If a registered vendor is responding electronically through the MissouriBUYS System website, in addition to completing the on-line pricing, the registered vendor should submit completed exhibits, forms, and other information concerning the bid as an attachment to the electronic bid. The registered vendor is instructed to review the RFP submission provisions carefully to ensure they are providing all required pricing, including applicable renewal pricing. Instructions on how a registered vendor responds to a bid on-line are available on the MissouriBUYS System website at: https://missouribuys.mo.gov/bidboard.html.

a. The exhibits, forms, and Pricing Page(s) provided herein can be saved into a word processing document, completed by a registered vendor, and then sent as an attachment to the electronic submission. Other information requested or required may be sent as an attachment. Additional instructions for submitting electronic attachments are on the MissouriBUYS System website. Be sure to include the solicitation/opportunity (OPP) number, company name, and a contact name on any electronic attachments.

b. In addition, a registered vendor may submit the exhibits, forms, Pricing Page(s), etc., through mail or courier service. However, any such submission must be received prior to the specified end date and time.

c. If a registered vendor submits an electronic and hard copy bid response and if such responses are not identical, the vendor should explain which response is valid. In the absence of an explanation, the State of Missouri shall consider the response which serves its best interest.

4.2.2 Hard Copy Bid - If the vendor is submitting a bid via the mail or a courier service or is hand delivering the bid, the vendor should include completed exhibits, forms, and other information concerning the bid (including completed Pricing Page(s) with the bid. The vendor is instructed to review the RFP submission provisions carefully to ensure they are providing all required pricing, including applicable renewal pricing.

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a. The proposal should be page numbered and the signed page one from the original RFP and all signed addendums should be placed at the beginning of the proposal.

b. Proposal Copies: The vendor should include 3 additional copies along with their original proposal.   The front cover of the original proposal should be labeled “original” and the front cover of all copies should be labeled “copy”.  In case of a discrepancy between the original proposal and the copies, the original proposal shall govern.

c. In addition, the vendor should include one (1) complete electronic copies of their proposal in Microsoft compatible format on password protected flash drives. The electronic copies should be in a searchable format to facilitate the evaluation process. The vendor should be sure to provide the password so that the state can access the documents.  The vendor should ensure all media are identical to the vendor’s hardcopy original proposal.  In case of a discrepancy, the original hardcopy proposal document shall govern. Electronic copies of the proposal and electronic attachments should be searchable.

d. Recycled Products - The State of Missouri recognizes the limited nature of our resources and the leadership role of government agencies in regard to the environment. Accordingly, the vendor is requested to print the bid double-sided using recycled paper, if possible, and minimize or eliminate the use of non-recyclable materials such as plastic report covers, plastic dividers, vinyl sleeves, and binding. Lengthy bids may be submitted in a notebook or binder.

4.2.3 Conciseness/Completeness of Proposal: It is highly desirable that the vendor responds in a complete, but concise manner. It is the vendor's sole responsibility to submit information in their proposals as it relates to the evaluation categories to allow the state to conduct a complete and efficient evaluation. The State of Missouri is under no obligation to solicit such information if it is not included in the vendor's response. The vendor's failure to submit such information may cause an adverse impact on the evaluation of their proposal. Information not relevant to the requirements herein or the vendor’s proposed solution should be excluded from the vendor’s proposal.

4.2.4 Confidentiality and Proprietary Materials:

a. Pursuant to section 610.021 RSMo, proposals and related documents shall not be available for public review until a contract has been awarded or all proposals are rejected.

b. The Division of Purchasing is a governmental body under Missouri Sunshine Law (Chapter 610 RSMo). Section 610.011 RSMo requires that all provisions be “liberally construed and their exceptions strictly construed” to promote the public policy that records are open unless otherwise provided by law.

c. Regardless of any claim by an vendor as to material being proprietary and not subject to copying or distribution, or how an vendor characterizes any information provided in its proposal, all material submitted by the vendor in conjunction with the RFP is subject to release after the award of a contract in relation to a request for public records under the Missouri Sunshine Law (see Chapter 610 RSMo). Only information expressly permitted to be closed pursuant to the strictly construed provisions of Missouri’s Sunshine Law will be treated as a closed record by the Division of Purchasing and withheld from any public request submitted to Division of Purchasing after award. Vendors should presume information provided to Division of Purchasing in a proposal will be public following the award of the contract or after rejection of all proposals and made available upon request in accordance with the provisions of state law. The vendor’s sole remedy for the state’s denial of any confidentiality request shall be limited to withdrawal of their proposal in its entirety.

d. In no event will the following be considered confidential or exempt from the Missouri Sunshine Law; however, this is not meant to be an all-inclusive list:

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1) Vendor’s entire proposal; 2) Vendor’s pricing; 3) Vendor’s proposed method of performance including schedule of events and/or deliverables; 4) Vendor’s experience information including customer lists or references; and 5) Vendor’s product specifications unless specifications disclose scientific and technological

innovations in which the owner has a proprietary interest (see subsection 15 of section 610.021 RSMo).

e. On-line Proposal - If a registered vendor is responding electronically through the MissouriBUYS

System website, in the event the registered vendor attaches information with their proposal that is allowed by the Missouri Sunshine Law to be exempt from public disclosure, such specific material of their proposal must be attached as a separate document and must have the box “Confidential” selected when attaching the document. If the “Confidential” box is not selected when attaching the document, the document must be clearly marked as confidential along with an explanation of what qualifies the specific material to be held as confidential pursuant to the provisions of section 610.021, RSMo. The vendor’s failure to follow these instructions shall relieve the state of any obligation to preserve the confidentiality of the documents.

f. Hard Copy Proposal - If the vendor is submitting a proposal via the mail or a courier service or is hand delivering the proposal, in the event the vendor does submit information with their proposal that is allowed by the Missouri Sunshine Law to be exempt from public disclosure, such specific material of their proposal must be separated, sealed, and clearly marked as confidential along with an explanation of what qualifies the specific material to be held as confidential pursuant to the provisions of section 610.021, RSMo. The vendor’s failure to follow this instruction shall relieve the state of any obligation to preserve the confidentiality of the documents.

4.2.5 Imaging Ready: Except for any portion of a proposal qualifying as proprietary or confidential as determined by the Division of Purchasing as specified above, after a contract is executed or all proposals are rejected, all proposals are scanned into the Division of Purchasing imaging system. The scanned information will be available for viewing through the Internet from the Division of Purchasing Awarded Bid and Contract Document Search system. Therefore, the vendor is advised not to include any information in the proposal that the vendor does not want to be viewed by the public, including personal identifying information such as social security numbers. Also, in preparing a proposal, the vendor should be mindful of document preparation efforts for imaging purposes and storage capacity that will be required to image the proposal and should limit proposal content to items that provide substance, quality of content, and clarity of information.

4.2.6 Compliance with Requirements, Terms and Conditions: Vendors are cautioned that the State of Missouri shall not award a non-compliant proposal. Consequently, any vendor indicating non-compliance or providing a response in conflict with mandatory requirements, terms, conditions or provisions of the RFP shall be eliminated from further consideration for award unless the state exercises its sole option to competitively negotiate the respective proposal(s) and the vendor resolves the noncompliant issue(s).

a. The vendor is cautioned when submitting pre-printed terms and conditions or other type material to make sure such documents do not contain terms and conditions which conflict with those of the RFP and its contractual requirements.

b. In order to ensure compliance with the RFP, the vendor should indicate agreement that, in the event of conflict between any of the vendor's response and the RFP requirements, terms and conditions, the RFP shall govern. Taking exception to the state's terms and conditions may render an vendor's proposal unacceptable and remove it from consideration for award.

4.2.7 Foreign Vendors: If the vendor is a foreign company that does not have an Employer Identification Number assigned by the United States IRS, the vendor will need to: (1) complete the appropriate IRS W-8 form (found on the http://www.irs.gov/ website); (2) complete a State of Missouri Vendor Input Form

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located at http://content.oa.mo.gov/accounting; and (3) fax these documents along with a cover letter that states it wishes to register on the State of Missouri On-Line Bidding/Vendor Registration System website to the fax number listed in the Vendor Input Form instructions. The cover letter must include the e-mail address of the individual submitting the documentation. The documentation must be processed by the State of Missouri prior to conducting business with the state. Once the information has been processed, the vendor will be provided, via e-mail, a number that may be used to register as a State of Missouri vendor through the On-Line Bidding/Vendor Registration System website (https://missouribuys.mo.gov/).

a. If the vendor is a foreign company that has an Employer Identification Number assigned by the IRS, completing an IRS W-8 form will not be necessary, and the vendor may register as a vendor with the State of Missouri through the On-Line Bidding/Vendor Registration System website by using the Employer Identification Number assigned to the company by the IRS.

b. When submitting a bid/proposal, the vendor should attach a note to the front page advising the Division of Purchasing whether it has: (1) submitted a W-8 prior to submission of the proposal, (2) included the completed W-8 form with its bid/proposal, or (3) registered with the State of Missouri through the On-Line Bidding/Vendor Registration System website using its Employer Identification Number.

4.3 Proposal Format:

4.3.1 To facilitate the evaluation process, the vendor is encouraged to organize their proposal into sections that correspond with the individual evaluation categories described herein. The vendor is cautioned that it is the vendor’s sole responsibility to submit information related to the evaluation categories and that the State of Missouri is under no obligation to solicit such information if it is not included with the proposal. The vendor’s failure to submit such information may cause an adverse impact on the evaluation of the proposal.

a. The proposal should be page numbered and should have an index and/or table of contents referencing the appropriate page number(s).

b. The signed page one from the original RFP and all signed amendments should be placed at the beginning of the proposal.

c. Each section should be titled with each individual evaluation category and all material related to that category should be included therein.

4.3.2 Submission of Information – To facilitate the evaluation process, the vendor is encouraged to submit bid information by sections that correspond with the individual evaluation categories described herein. The vendor is cautioned that it is the vendor’s sole responsibility to submit necessary information. The State of Missouri is under no obligation to solicit any information if it is not included with the bid. The vendor’s failure to submit information with the bid, including pricing and renewal information, may cause an adverse impact on the evaluation of the bid.

4.3.3 Contact – Any and all communication from vendors regarding specifications, requirements, competitive bid process, etc. related to the bid document must be referred to the Buyer of Record identified on the first page of this document. Such communication should be received at least ten calendar days prior to the official bid end date.

4.4 Evaluation and Award Process:

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4.4.1 After determining that a proposal satisfies the mandatory requirements stated in the Request for Proposal, the evaluator(s) shall use both objective analysis and subjective judgment in conducting a comparative assessment of the proposal in accordance with the evaluation criteria stated below. The contract shall be awarded to the lowest and best proposal unless making multiple awards.

Evaluation Criteria Scoring Category Maximum PointsCost

Required Costs……95PAQ Costs……..05

100

Experience of Organization 35Method of Performance 55MBE/WBE Participation 10TOTAL 200

4.4.2 The vendor is advised that an evaluation committee and other subject-matter experts will be used to review and assess the proposals for responsiveness to mandatory requirements of the RFP and in accordance with the subjective evaluation criteria stated in the RFP. The ethical standards of 1 Code of State Regulation (CSR) 40-1.050(7)(O) will apply to evaluators. Vendors can be sanctioned for unauthorized contact with any evaluator under 1 CSR 40-1.060(8)(G) and (H) available at http://www.sos.mo.gov/adrules/csr/csr.asp.

4.4.3 After an initial screening process, a question and answer conference or interview may be conducted with the vendor, if deemed necessary by the Division of Purchasing. In addition, the vendor may be asked to make an oral presentation of their proposal during the conference. Attendance cost at the conference shall be at the vendor's expense. All arrangements and scheduling shall be coordinated by the Division of Purchasing.

4.4.4 Competitive Negotiation of Proposals: The vendor is advised that under the provisions of this Request for Proposal, the Division of Purchasing reserves the right to conduct negotiations of the proposals received or to award a contract without negotiations. If such negotiations are conducted, the following conditions shall apply:

a. Negotiations may be conducted in person, in writing, or by telephone.

b. Negotiations will only be conducted with potentially acceptable proposals. The Division of Purchasing reserves the right to limit negotiations to those proposals which received the highest rankings during the initial evaluation phase. All vendors involved in the negotiation process will be invited to submit a best and final offer.

c. Terms, conditions, prices, methodology, or other features of the vendor’s proposal may be subject to negotiation and subsequent revision. As part of the negotiations, the vendor may be required to submit supporting financial, pricing and other data in order to allow a detailed evaluation of the feasibility, reasonableness, and acceptability of the proposal.

d. The mandatory requirements of the Request for Proposal shall not be negotiable and shall remain unchanged unless the Division of Purchasing determines that a change in such requirements is in the best interest of the State of Missouri.

4.5 Evaluation of Cost:

4.5.1 The cost evaluation shall be based on the Pricing for Mandatory Requirements provided by the vendor in response to Exhibit A, Cost (Pricing Pages), including contract renewal periods. The cost evaluation will

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use the estimated quantities identified for the line items only. The per facility prices included in addition to the line items will be reviewed for accuracy, but will not be included in the cost evaluation.

a. The vendor shall agree and understand the firm, fixed pricing stated in Exhibit A shall not be increased unless the state requests a corresponding increase in the scope of work under the contract, which shall only be allowable through a formal contract amendment mutually agreed to between the Division of Purchasing and the contractor. In other words, if the vendor underestimates the level of effort in terms of any resources, the contractor may not charge the state more than the firm, fixed pricing stated in Exhibit A unless the state later amends the contract to increase the scope of work. If the scope of work does not increase, the contractor shall complete all work agreed upon in the contract at the firm, fixed pricing stated in Exhibit A.

b. Required Pricing: The cost evaluation of required pricing shall be based on the Pricing for Mandatory Requirements provided by the vendor in response to Exhibit A Pricing Pages’ Required Pricing, including all hardware, software licensing, hosting, maintenance, technical support, implementation, training, and additional licenses for the original contract period and the renewal periods. Required Pricing cost evaluation points shall be determined from the result of the calculation stated above using the following formula:

Lowest Responsive Vendor’s Price X

95maximum

cost points

= Cost evaluation pointsCompared Vendor’s Price

c. PAQ Pricing: The cost evaluation of required pricing shall be based on the PAQ hourly rate provided by the vendor in response to Exhibit A.1, PAQ Pricing. If the vendor is providing multiple PAQ job classifications/per-hour rates as indicated on the PAQ costs sheet in Exhibit A – Pricing Pages, then the rates shall be averaged to obtain a single rate to be used in the cost analysis. At the sole determination of the Division of Purchasing, any non-relevant/non-essential consultant classification(s) listed in Exhibit A shall not be included in the average calculations. The cost evaluation for PAQ costs (5 points maximum) shall assume, for evaluation purposes only, 50 hours of PAQ work to be performed during the original contract period and each of the renewal periods. PAQ Pricing cost evaluation points shall be determined from the result of the calculation stated above using the following formula:

Lowest Responsive Vendor’s Price X

5maximum

cost points

= Cost evaluation pointsCompared Vendor’s Price

d. The vendor’s processing cost points awarded pursuant to RFP paragraphs 4.5.1 b. shall be combined with the vendor’s PAQ cost points awarded pursuant to RFP paragraph 4.5.1 c. to determine the vendor’s total cost points.

4.5.2 Unless stated herein, the state shall assume absolutely no other costs exist to satisfy the RFP’s requirements. Therefore, the successful vendor shall be responsible for any additional costs. The estimated quantities indicated in Exhibit A shall be used for cost evaluation purposes. The State of Missouri does not guarantee any quantities.

4.6 Evaluation of Experience of Organization:

4.6.1 Experience of the vendor’s organization will be considered subjectively in the evaluation process. Therefore, the vendor is advised to submit information concerning the vendor’s organization and information documenting the vendor’s experience in past performances, especially those performances related to the requirements of this RFP. If the vendor is proposing an entity other than the vendor to

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perform the required services, the vendor should also submit the information requested for such proposed subcontractor.

4.6.2 The evaluation of the Experience of Organization shall be subjective based on fact. Information provided by the vendor in response to Exhibit B of this RFP, as well as information gained from any other source during the evaluation process, may be used in the subjective evaluation.

a. As part of the evaluation process, the State of Missouri may contact the vendor’s references, including references not listed or identified within the vendor’s proposal but who have current or previous experiences with the vendor.

b. The vendor shall agree and understand that the State of Missouri is not obligated to contact the vendor’s references.

4.7 Evaluation of Method of Performance:

4.7.1 Information provided by the vendor in response to Exhibit C of this RFP, as well as information gained from any other source during the evaluation process, may be used in the subjective evaluation. Proposals will be subjectively evaluated based on the vendor’s plan for performing the requirements of the RFP. Therefore, the vendor should present information which demonstrates the method or manner in which the vendor proposes to satisfy these requirements and which confirms the vendor’s ability to satisfy the requirements. The language of the narrative should be straightforward and limited to facts, solutions to problems, and plans of action.

a. Preprinted Marketing Materials – The vendor may submit preprinted marketing materials with the proposal. However, the vendor is advised that such brochures normally do not address the needs of the evaluators with respect to the technical evaluation process and the specific responses which have been requested of the vendor. The vendor is strongly discouraged from relying on such materials in presenting products and services for consideration by the state.

b. It is the vendor’s responsibility to provide detailed information about how the item proposed meets the specifications presented herein. If preprinted marketing materials do not specifically address each specification, the vendor should provide detailed information to assure that the product meets the state’s mandatory requirements. In the event this information is not submitted with the bid, the buyer may, but is not required to, seek written clarification from the vendor to provide assurance that the product proposed meets specifications.

4.7.2 Proposal Detail Requirements and Deviations – It is the vendor’s responsibility to submit a bid that meets all mandatory specifications stated herein. The vendor should clearly identify any and all deviations from both the mandatory and desirable specifications stated in the RFP. Any deviation from a mandatory requirement may render the bid non-responsive. Any deviation from a desirable specification may be reviewed by the state as to its acceptability and impact on competition.

a. Vendors should note: A descriptive brochure of the model bid may not be acceptable as clear identification of deviations from the written specification.

4.7.3 The qualifications of the personnel proposed by the vendor to perform the requirements of this RFP, whether from the vendor’s organization or from a proposed subcontractor, will be subjectively evaluated. Therefore, the vendor should submit detailed information related to the experience and qualifications, including education and training, of proposed personnel.

a. Personnel Expertise - The vendor should provide the information requested on Exhibit D for each

key person proposed to provide the services required herein. If additional personnel resources are available, the vendor may provide information for such personnel by completing Exhibit E.

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1) The information provided should be structured to emphasize relevant qualifications and experience of the personnel in completing contracts/performing services of a similar size and scope to the requirements of this RFP.

2) The information submitted should clearly identify previous experience of the person in performing similar services and should include beginning and ending dates, a description of the role of the person in such performances, results of the services performed, and whether the person is proposed for the same services for the State of Missouri.

b. Personnel Qualifications - If personnel are not yet hired, the vendor should provide detailed descriptions of the required employment qualifications; and detailed job descriptions of the position to be filled, including the type of person proposed to be hired.

4.8 Evaluation of Vendor's MBE/WBE Participation:

4.8.1 In order for the Division of Purchasing to meet the provisions of Executive Order 05-30, the vendor should secure participation of certified MBEs and WBEs in providing the products/services required in this RFP. The targets of participation recommended by the State of Missouri are 10% MBE and 5% WBE of the total dollar value of the contract.

a. These targets can be met by a qualified MBE/WBE vendor themselves and/or through the use of qualified subcontractors, suppliers, joint ventures, or other arrangements that afford meaningful opportunities for MBE/WBE participation.

b. The services performed or the products provided by MBE/WBEs must provide a commercially useful function related to the delivery of the contractually-required service/product in a manner that will constitute an added value to the contract and shall be performed/provided exclusive to the performance of the contract. Therefore, if the services performed or the products provided by MBE/WBEs is utilized, to any extent, in the vendor’s obligations outside of the contract, it shall not be considered a valid added value to the contract and shall not qualify as participation in accordance with this clause.

c. In order to be considered as meeting these targets, the MBE/WBEs must be “qualified” by the proposal opening date (date the proposal is due). (See below for a definition of a qualified MBE/WBE.)

4.8.2 The vendor’s proposed participation of MBE/WBE firms in meeting the targets of the RFP will be considered in the evaluation process as specified below:

a. If Participation Meets Target: Vendors proposing MBE and WBE participation percentages that meet the State of Missouri’s target participation percentage of 10% for MBE and 5% for WBE shall be assigned the maximum stated MBE/WBE participation evaluation points.

b. If Participation Exceeds Target: Vendors proposing MBE and WBE participation percentages that exceed the State of Missouri’s target participation shall be assigned the same MBE/WBE participation evaluation points as those meeting the State of Missouri’s target participation percentages stated above.

c. If Participation Below Target: Vendors proposing MBE and WBE participation percentages that are lower than the State of Missouri’s target participation percentages of 10% for MBE and 5% for WBE shall be assigned a proportionately lower number of the MBE/WBE participation evaluation points than the maximum MBE/WBE participation evaluation points.

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d. If No Participation: Vendors failing to propose any commercially useful MBE/WBE participation shall be assigned a score of 0 in this evaluation category.

4.8.3 MBE/WBE participation evaluation points shall be assigned using the following formula:

Vendor’s Proposed MBE % < 10% + WBE % < 5%State’s Target MBE % (10) + WBE % (5)

X

Maximum MBE/WBE Participation Evaluation points (10)

=

Assigned MBE/WBE Participation points

4.8.4 If the vendor is proposing MBE/WBE participation, in order to receive evaluation consideration for MBE/WBE participation, the vendor must provide the following information with the proposal.

a. Participation Commitment - If the vendor is proposing MBE/WBE participation, the vendor must complete Exhibit D.1, Participation Commitment, by listing each proposed MBE and WBE, the committed percentage of participation for each MBE and WBE, and the commercially useful products/services to be provided by the listed MBE and WBE. If the vendor submitting the proposal is a qualified MBE and/or WBE, the vendor must include the vendor in the appropriate table on the Participation Commitment form.

b. Documentation of Intent to Participate – The vendor must either provide a properly completed Exhibit D.2, Documentation of Intent to Participate form, signed and dated no earlier than the RFP issuance date by each MBE and WBE proposed or must provide a letter of intent signed and dated no earlier than the RFP issuance date by each MBE and WBE proposed which: (1) must describe the products/services the MBE/WBE will provide and (2) should include evidence that the MBE/WBE is qualified, as defined herein (i.e., the MBE/WBE Certification Number or a copy of MBE/WBE certificate issued by the Missouri Office of Equal Opportunity (OEO)). If the vendor submitting the proposal is a qualified MBE and/or WBE, the vendor is not required to complete Exhibit D, Documentation of Intent to Participate form, or provide a recently dated letter of intent.

4.8.5 Commitment – If the vendor’s proposal is awarded, the percentage level of MBE/WBE participation committed to by the vendor on Exhibit D, Participation Commitment, shall be interpreted as a contractual requirement.

4.8.6 Definition -- Qualified MBE/WBE:

a. In order to be considered a qualified MBE or WBE for purposes of this RFP, the MBE/WBE must be certified by the State of Missouri, OA, OEO by the proposal opening date.

b. MBE or WBE means a business that is a sole proprietorship, partnership, joint venture, or corporation in which at least fifty-one percent (51%) of the ownership interest is held by minorities or women and the management and daily business operations of which are controlled by one or more minorities or women who own it.

c. Minority is defined as belonging to one of the following racial minority groups: African Americans, Native Americans, Hispanic Americans, Asian Americans, American Indians, Eskimos, Aleuts, and other groups that may be recognized by the Office of Advocacy, United States Small Business Administration, Washington, D.C.

4.8.7 Resources - A listing of several resources that are available to assist vendors in their efforts to identify and secure the participation of qualified MBEs and WBEs is available at the website shown below or by contacting the OEO at:

Office of Administration, Office of Equal Opportunity (OEO)

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Harry S Truman Bldg., Room 630, P.O. Box 809, Jefferson City, MO 65102-0809Phone: (877) 259-2963 or (573) 751-8130Fax: (573) 522-8078Website: http://www.oeo.mo.gov/

4.9 Preference for Organizations for the Blind and Sheltered Workshops/Service-Disabled Veteran Business Enterprises (SDVEs):

Organizations for the Blind and Sheltered Workshops

4.9.1 Pursuant to section 34.165, RSMo, and 1 CSR 40-1.050, a ten (10) bonus point preference shall be granted to vendors including products and/or services manufactured, produced or assembled by a qualified nonprofit organization for the blind established pursuant to 41 U.S.C. sections 46 to 48c or a sheltered workshop holding a certificate of approval from the Department of Elementary and Secondary Education pursuant to section 178.920, RSMo.

a. In order to qualify for the ten bonus points, the following conditions must be met and the following evidence must be provided:

1) The vendor must either be an organization for the blind or sheltered workshop or must be proposing to utilize an organization for the blind/sheltered workshop as a subcontractor and/or supplier in an amount that must equal the greater of $5,000 or 2% of the total dollar value of the contract for purchases not exceeding $10 million.

2) The services performed or the products provided by the organization for the blind or sheltered workshop must provide a commercially useful function related to the delivery of the contractually-required service/product in a manner that will constitute an added value to the contract and shall be performed/provided exclusive to the performance of the contract. Therefore, if the services performed or the products provided by the organization for the blind or sheltered workshop is utilized, to any extent, in the vendor’s obligations outside of the contract, it shall not be considered a valid added value to the contract and shall not qualify as participation in accordance with this clause.

3) If the vendor is proposing participation by an organization for the blind or sheltered workshop, in order to receive evaluation consideration for participation by the organization for the blind or sheltered workshop, the vendor must provide the following information with the proposal:

Participation Commitment - The vendor must complete Exhibit D.1, Participation Commitment, by identifying the organization for the blind or sheltered workshop and the commercially useful products/services to be provided by the listed organization for the blind or sheltered workshop. If the vendor submitting the proposal is an organization for the blind or sheltered workshop, the vendor must be listed in the appropriate table on the Participation Commitment Form.

Documentation of Intent to Participate – The vendor must either provide a properly completed Exhibit D.2, Documentation of Intent to Participate Form, signed and dated no earlier than the RFP issuance date by the organization for the blind or sheltered workshop proposed or must provide a recently dated letter of intent signed and dated no earlier than the RFP issuance date by the organization for the blind or sheltered workshop which: (1) must describe the products/services the organization for the blind/sheltered workshop will provide and (2) should include evidence of the organization for the blind/sheltered workshop qualifications (e.g. copy of certificate or Certificate Number for Missouri Sheltered Workshop).

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NOTE: If the vendor submitting the proposal is an organization for the blind or sheltered workshop, the vendor is not required to complete Exhibit D.2, Documentation of Intent to Participate Form or provide a recently dated letter of intent.

b. A list of Missouri sheltered workshops can be found at the following Internet address:http://dese.mo.gov/special-education/sheltered-workshops/directories

c. The websites for the Missouri Lighthouse for the Blind and the Alphapointe Association for the Blind can be found at the following Internet addresses:

http://www.lhbindustries.comhttp://www.alphapointe.org

d. Commitment – If the vendor’s proposal is awarded, the organization for the blind or sheltered workshop participation committed to by the vendor on Exhibit D.2, Participation Commitment, shall be interpreted as a contractual requirement.

Service-Disabled Veteran Business Enterprises (SDVEs)

4.9.2 Pursuant to section 34.074, RSMo, and 1 CSR 40-1.050, the Division of Purchasing has a goal of awarding three (3) percent of all contracts for the performance of any job or service to qualified service-disabled veteran business enterprises (SDVEs). A three (3) point bonus preference shall be granted to vendors including products and/or services manufactured, produced or assembled by a qualified SDVE.

a. In order to qualify for the three bonus points, the following conditions must be met and the following evidence must be provided:

1) The vendor must either be an SDVE or must be proposing to utilize an SDVE as a subcontractor and/or supplier that provides at least three percent (3%) of the total contract value.

2) The services performed or the products provided by the SDVE must provide a commercially useful function related to the delivery of the contractually-required service/product in a manner that will constitute an added value to the contract and shall be performed/provided exclusive to the performance of the contract. Therefore, if the services performed or the products provided by the SDVE are utilized, to any extent, in the vendor’s obligations outside of the contract, it shall not be considered a valid added value to the contract and shall not qualify as participation in accordance with this clause.

3) In order to receive evaluation consideration for participation by an SDVE, the vendor must provide the following information with the proposal:

Participation Commitment - The vendor must complete Exhibit D, Section D.1, Participation Commitment, by identifying each proposed SDVE, the committed percentage of participation for each SDVE, and the commercially useful products/services to be provided by the listed SDVE. If the vendor submitting the proposal is a qualified SDVE, the vendor must be listed in the appropriate table on the Participation Commitment Form.

Documentation of Intent to Participate – The vendor must either provide a properly completed Exhibit D, Section D.2, Documentation of Intent to Participate Form, signed and dated no earlier than the RFP issuance date by the SDVE or a recently dated letter of intent signed and dated no earlier than the RFP issuance date by the SDVE which: (1) must describe the products/services the SDVE will provide and (2) must include the SDV Documents described below as evidence that the SDVE is qualified, as defined herein.

Service-Disabled Veteran (SDV) Documents - If a participating organization is an SDVE, unless previously submitted within the past five (5) years to the Division of Purchasing, the vendor must provide the following Service-Disabled Veteran (SDV) documents:

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a copy of the SDV’s award letter from the Department of Veterans Affairs or a copy of the SDV’s discharge paper (DD Form 214, Certificate of Release or Discharge from Active Duty); and

a copy of the SDV’s documentation certifying disability by the appropriate federal agency responsible for the administration of veterans’ affairs.

NOTE:

a) If the vendor submitting the proposal is a qualified SDVE, the vendor must include the SDV Documents as evidence that the vendor qualifies as an SDVE. However, the vendor is not required to complete Exhibit D, Section D.2, Documentation of Intent to Participate Form or provide a recently dated letter of intent.

b) If the SDVE and SDV are listed on the following Internet address, the vendor is not required to provide the SDV Documents listed above.

http://oa.mo.gov/sites/default/files/sdvelisting.pdf

b. Commitment – If awarded a contract, the SDVE participation committed to by the vendor on Exhibit D, Section D.1, Participation Commitment, shall be interpreted as a contractual requirement.

c. Definition - Qualified SDVE:

1) SDVE is doing business as a Missouri firm, corporation, or individual or maintaining a Missouri office or place of business, not including an office of a registered agent;

2) SDVE has not less than fifty-one percent (51%) of the business owned by one (1) or more service- disabled veterans (SDVs) or, in the case of any publicly-owned business, not less than fifty-one percent (51%) of the stock of which is owned by one (1) or more SDVs;

3) SDVE has the management and daily business operations controlled by one (1) or more SDVs;

4) SDVE has a copy of the SDV’s award letter from the Department of Veterans Affairs or a copy of the SDV’s discharge paper (DD Form 214, Certificate of Release or Discharge from Active Duty), and a copy of the SDV’s documentation certifying disability by the appropriate federal agency responsible for the administration of veterans’ affairs; and

5) SDVE possesses the power to make day-to-day as well as major decisions on matters of management, policy, and operation.

4.10 Affidavit of Work Authorization and Documentation:

4.10.1 Pursuant to Section 285.530, RSMo, if the vendor meets the Section 285.525, RSMo, definition of a “business entity” (http://www.moga.mo.gov/mostatutes/stathtml/28500005251.html), the vendor must affirm the vendor’s enrollment and participation in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services requested herein. The vendor should complete applicable portions of Exhibit E, Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization. The applicable portions of Exhibit E must be submitted prior to an award of a contract.

4.11 Debarment Certification:

4.11.1 The vendor certifies by signing the signature page of this original document and any amendment signature page(s) that the vendor is not presently debarred, suspended, proposed for debarment, declared

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ineligible, voluntarily excluded from participation, or otherwise excluded from or ineligible for participation under federal assistance programs. The vendor should complete and return the certification regarding debarment, etc., Exhibit F with their proposal. This document must be satisfactorily completed prior to award of the contract.

4.12 Miscellaneous Submittal Information:

4.12.1 The vendor should complete and submit Exhibit G, Miscellaneous Information.

a. Products/Services Outside Continental US: If any products and/or services offered under this RFP are being manufactured or performed at sites outside the continental United States, the vendor MUST disclose such fact and provide details with the proposal. Vendors should respond to the section of Exhibit F pertaining to products and/or services offered under this RFP which would be manufactured or performed at sites outside the United States.

b. Vendors as Employees: Vendors who are employees of the State of Missouri, a member of the Missouri General Assembly or a statewide elected official should complete, sign and return Exhibit G with their proposal. This document must be satisfactorily completed prior to award of the contract.

c. Contact Information: The vendor should provide the contact information requested in Exhibit F.

4.12.2 Annual Wage Orders – The vendor is advised that prior to submitting a bid, the vendor must review the annual wage order for each applicable county. The wage order(s) is available as an additional electronic link from the web page where the downloadable Invitation for Bid is listed. In the event the vendor is unable to download the wage order(s), a copy on CD may be obtained by contacting the buyer of record as indicated on the front page of this.

4.12.3 Business Compliance: The vendor must be in compliance with the laws regarding conducting business in the State of Missouri. The vendor certifies by signing the signature page of this original document and any addendum signature page(s) that the vendor and any proposed subcontractors either are presently in compliance with such laws or shall be in compliance with such laws prior to any resulting contract award. The vendor shall provide documentation of compliance upon request by the Division of Purchasing. The compliance to conduct business in the state shall include but may not be limited to:

a. Registration of business name (if applicable) with the Secretary of State at http://sos.mo.gov/business/startBusiness.asp;

b. Certificate of authority to transact business/certificate of good standing (if applicable);

c. Taxes (e.g., city/county/state/federal);

d. State and local certifications (e.g., professions/occupations/activities);

e. Licenses and permits (e.g., city/county license, sales permits);

f. Insurance (e.g., unemployment insurance/workers’ compensation); and

g. The vendor should refer to the Missouri Business Portal at http://business.mo.gov for additional information.

4.12.4 Proposal Submittal Checklist – The following checklist is provided to assist the vendor in completing a proposal. The vendor is encouraged to utilize this checklist before submitting the proposal. It is the vendor’s sole responsibility to ensure that all mandatory requirements are met and that the proposal including all exhibits are properly completed and submitted with the proposal.

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No.

Description – while not all documents/items listed below are mandatory in submitting a responsive proposal, failure to provide adequate information to completely address the specified evaluation criteria will at least result in minimal subjective consideration.

Complete (√)

1. Complete and sign all addendums (if applicable) and original RFP.2. Provide firm, fixed pricing on Exhibit A – Pricing Pages.2. Complete Exhibit B – Experience of Organization.3. Complete Exhibit C – Method of Performance.4. If applicable, complete Exhibit D.1 – Participation Commitment for any

M/WBE, Organization for the Blind, Sheltered Workshop, and/or SDVE proposed.

5. If applicable, complete Exhibit D.2 – Documentation of Intent to Participate, identifying each M/WBE, Organization for the Blind, Sheltered Workshop, and/or SDVE proposed.

6. If applicable, clearly state M/WBE and/or SDVE participation % of the Actual Total Contract Value on Exhibit D.1.

7. If applicable, receive authorized signature on Exhibit D.2 from every M/WBE, Organization for the Blind, Sheltered Workshop, and/or SDVE committed to providing products/services under the RFP.

8. Complete and sign Exhibit E – Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization (be sure to complete and return all required documents and affidavit (if required).

9. Complete and sign Exhibit F – Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Lower Tier Covered Transactions.

10. Complete Exhibit G – Miscellaneous Information.11. If applicable, clearly mark, separate, and seal proprietary or confidential

information.If the vendor responses with a hardcopy response, then include two hard copies and one electronic

copy of the proposal with the original proposal clearly marked as “Original”

NOTE: FAILURE TO PROVIDE ADEQUATE INFORMATION TO COMPLETELY ADDRESS THE SPECIFIED EVALUATION CRITERIA WILL AT LEAST RESULT IN MINIMAL SUBJECTIVE CONSIDERATION.

END OF PART FOUR: PROPOSAL SUBMISSION, EVALUATION, AND AWARD INFORMATION

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EXHIBIT APRICING PAGE

The vendor shall provide firm, fixed pricing for Patient Canteen Software/POS system for DMH-DBH facilities pursuant to all mandatory requirements herein. The vendor must clearly describe any one-time required firm, fixed costs and all annual costs necessary to meet the RFP requirements herein. The vendor must indicate any other relevant information related to the pricing of their proposed products/services. Pricing must include all start-up costs, technical support, and training.

A.1 REQUIRED COSTS:

The vendor shall provide firm, fixed pricing for the specified items listed in the table below. Pricing shall include all applicable costs necessary for the planning, delivery and installation of the systems.

A.1 – Canteen System Software Costs:The vendor must provide a one-time firm fixed price for an enterprise-wide perpetual license for the canteen system. Additionally, the vendor must break down the enterprise-wide license cost on a per facility basis to assist the state agency in determine the per facility cost. The combination of the per facility costs must equal the enterprise cost.A.1.1 – Enterprise License CostLine Item Description

Unit of Measure Quantity One-Time Firm, Fixed Price

01 Canteen System Enterprise-Wide Perpetual License

Total 1 $

A.1.2 – Per Facility License Cost

DescriptionUnit of

Measure Quantity One-Time Firm, Fixed PriceFulton Psychiatric Rehabilitation Center (3 Canteens) Per Site 1 $St. Louis Psychiatric Rehabilitation Center Per Site 1 $

Northwest Psychiatric Rehabilitation Center

Per Site 1

$

Center for Behavioral Medicine Per Site 1 $Southeast Missouri Mental Health Center Per Site 1 $Total Per Facility Price for all Facilities (Must Equal Enterprise License Price) $A.2 – Canteen System Software Maintenance Costs:The vendor must provide a firm fixed annual price for the enterprise-wide perpetual license for the canteen system for the original contract period and renewal options. Additionally, the vendor must break down the annual enterprise-wide license maintenance cost on a per facility basis to assist the state

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agency in determine the per facility cost. The combination of the per facility costs must equal the enterprise cost.A.2.1 - Enterprise-Wide Software Maintenance Cost

Line Item Description

Unit of Measure Quantity

Firm, Fixed Price

for the Original Contract Period

Firm, Fixed

Price for the First Renewal Option

Firm, Fixed Price for

the Second Renewal Option

Firm, Fixed Price for the Third

Renewal Option02 Canteen System Enterprise-Wide Perpetual

License MaintenanceYear 1 $

A.2.2 Per Facility Maintenance Costs

DescriptionUnit of

MeasureEstimated Quantity

Firm, Fixed Price

for the Original Contract Period

Firm, Fixed

Price for the First Renewal Option

Firm, Fixed Price for

the Second Renewal Option

Firm, Fixed Price for the Third

Renewal OptionFulton Psychiatric Rehabilitation Center Per Site 1 $ $ $ $St. Louis Psychiatric Rehabilitation Center Per Site 1 $ $ $ $Northwest Psychiatric Rehabilitation Center Per Site 1 $ $ $ $Center for Behavioral Medicine Per Site 1 $ $ $ $Southeast Missouri Mental Health Center Per Site 1 $ $ $ $

A.3 – Hardware CostsA.3.1 - Per Unit Hardware CostsThe vendor must provide firm, fixed pricing for the following hardware components for the original contract period and renewal options. The majority of the hardware purchases are anticipated to occur during the original contract period with the renewal options being utilized to expand or replace hardware. Additionally, the vendor must identify the hardware costs on a per facility basis to assist the state agency in determine the per facility cost. Line Item

Description Unit of Measure

Original Contract Period

Estimated Quantity (Renewal

Period Estimated Quantity

Firm, Fixed Price

for the Original Contract Period

Firm, Fixed

Price for the First Renewal Option

Firm, Fixed Price for

the Second Renewal Option

Firm, Fixed Price for the Third

Renewal Option

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is 1) 03 Cash Register Each 15 $ $ $ $04 Cash Drawer Each 15 $ $ $ $05 Pole Display Each 15 $ $ $ $06 Handheld Scanner for Bar Coded Badges and

InventoryEach 15 $ $ $ $

07 Magnetic Stripe Receipt Printer Each 15 $ $ $ $

A.3.2 Per Facility Initial Hardware CostsDescription Unit of Measure One-Time Firm, Fixed Price

Fulton Psychiatric Rehabilitation CenterIncluding:(6) Cash Registers(6) Cash Drawers(6) Pole Displays(6) Handheld Scanners(6) Magnetic Stripe Receipt Printer

Per Site $

St. Louis Psychiatric Rehabilitation CenterIncluding:(2) Cash Registers(2) Cash Drawers(2) Pole Displays(2) Handheld Scanners(2) Magnetic Stripe Receipt Printer

Per Site $

Northwest Psychiatric Rehabilitation CenterIncluding:(1) Cash Registers(1) Cash Drawers(1) Pole Displays(1) Handheld Scanners(1) Magnetic Stripe Receipt Printer

Per Site $

Center for Behavioral MedicineIncluding:(2) Cash Registers(2) Cash Drawers(2) Pole Displays(2) Handheld Scanners

Per Site $

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(2) Magnetic Stripe Receipt PrinterSoutheast Missouri Mental Health CenterIncluding:(4) Cash Registers(4) Cash Drawers(4) Pole Displays(4) Handheld Scanners(4) Magnetic Stripe Receipt Printer

Per Site $

A.4 – Hardware Maintenance CostsA.4.1 - Per Unit Hardware Maintenance CostsThe vendor must provide firm, fixed pricing for maintenance for the following hardware components for the original contract period and renewal options. Additionally, the vendor must identify the hardware maintenance costs on a per facility basis to assist the state agency in determine the per facility cost.

Line Item Description

Unit of Measure

Original Contract Period

Estimated Quantity (Renewal

Period Estimated Quantity

is 15)

Firm, Fixed Price

for the Original Contract Period

Firm, Fixed

Price for the First Renewal Option

Firm, Fixed Price for

the Second Renewal Option

Firm, Fixed Price for the Third

Renewal Option08 Cash Register Annual Maintenance eEach 15 $ $ $ $09 Cash Drawer Annual Maintenance Each 15 $ $ $ $10 Pole Display Annual Maintenance Each 15 $ $ $ $11 Handheld Scanner for Bar Coded Badges and

Inventory Annual MaintenanceEach 15 $ $ $ $

12 Magnetic Stripe Receipt Printer Annual Maintenance

Each 15 $ $ $ $

A.4.2 Per Facility Hardware Maintenance CostsDescription Unit of

MeasureFirm, Fixed

Price for the

Original Contract

Firm, Fixed Price

for the First

Renewal Option

Firm, Fixed Price for the

Second Renewal Option

Firm, Fixed Price for the Third

Renewal Option

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PeriodFulton Psychiatric Rehabilitation CenterIncluding:(6) Cash Registers(6) Cash Drawers(6) Pole Displays(6) Handheld Scanners(6) Magnetic Stripe Receipt Printer

Per Site $ $ $ $

St. Louis Psychiatric Rehabilitation CenterIncluding:(2) Cash Registers(2) Cash Drawers(2) Pole Displays(2) Handheld Scanners(2) Magnetic Stripe Receipt Printer

Per Site $ $ $ $

Northwest Psychiatric Rehabilitation CenterIncluding:(1) Cash Registers(1) Cash Drawers (1) Pole Displays(1) Handheld Scanners(1) Magnetic Stripe Receipt Printer

Per Site $ $ $ $

Center for Behavioral MedicineIncluding:(2) Cash Registers(2) Cash Drawers (2) Pole Displays(2) Handheld Scanners(2) Magnetic Stripe Receipt Printer

Per Site $ $ $ $

Southeast Missouri Mental Health CenterIncluding:(4) Cash Registers(4) Cash Drawers (4) Pole Displays(4) Handheld Scanners(4) Magnetic Stripe Receipt Printer

Per Site $ $ $ $

A.5 - Implementation CostsA.5.1 Implementation Services Costs

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The vendor must provide firm, fixed pricing for implementation services for the complete implementation of the hardware and software for the canteen system. Additionally, the vendor must identify the implementation costs on a per facility basis to assist the state agency in determine the per facility cost. Line Item Description Unit of Measure Firm, Fixed Pricing13 Implementation Services of the Canteen System for all Facilities Total $A.5.2 – Per Facility Implementation Services CostsDescription Unit of Measure Firm, Fixed PricingFulton Psychiatric Rehabilitation Center Per Site $St. Louis Psychiatric Rehabilitation Center Per Site $Northwest Psychiatric Rehabilitation Center Per Site $Center for Behavioral Medicine Per Site $Southeast Missouri Mental Health Center Per Site $A.6 – Training CostsA.6.1 – Total Training CostsThe vendor must provide firm, fixed pricing for training services for canteen system. Additionally, the vendor must identify the training costs on a per facility basis to assist the state agency in determine the per facility cost. Line Item Description Unit of Measure Firm, Fixed Pricing14 On-site Training (Train the Trainer) for up to 12 persons to include travel

expensesTotal $

A.6.2 – Per Facility Training Costs

DescriptionUnit of

Measure Estimated Quantity Firm, Fixed PricingFulton Psychiatric Rehabilitation Center Per Site 1 $St. Louis Psychiatric Rehabilitation Center Per Site 1 $Northwest Psychiatric Rehabilitation Center Per Site 1 $Center for Behavioral Medicine Per Site 1 $Southeast Missouri Mental Health Center Per Site 1 $A.7 – Project Assessment Quotation (PAQ) PricingThe vendor must state below the hourly rate(s) necessary for customization of the solution to add enhancements or modifications that are not part of the contractual requirements herein. The hourly rate(s) specified shall be applied using the Project Assessment Quotation process described herein. The contractor shall provide all services on an as needed, if needed basis. The State of Missouri shall not guarantee any minimum or maximum amount of the contractor’s services that may be required under the contract. PAQ pricing shall include all travel expenses.Line Item Personnel Classification Firm, Fixed 1st 2nd 3rd Renewal Period

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85

Hourly Rate for Original

Contract Period

Renewal Period

Maximum Firm, Fixed

Hourly Pricing

Renewal Period

Maximum Firm, Fixed

Hourly Pricing

Maximum Firm, Fixed Hourly Pricing

If providing multiple consulting job classifications, please list consultant job classification titles and their corresponding per hour consulting rate on separate rows below:

15

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RFPT30034901701145 86

A.2 PROJECT ASSESSMENT QUOTATION (PAQ) PRICING

The vendor must state below the hourly rate(s) necessary for customization of the solution to add enhancements or modifications that are not part of the contractual requirements herein. The hourly rate(s) specified shall be applied using the Project Assessment Quotation process described herein. The contractor shall provide all services on an as needed, if needed basis. The State of Missouri shall not guarantee any minimum or maximum amount of the contractor’s services that may be required under the contract. PAQ pricing shall include all travel expenses.

Personnel ClassificationFirm, Fixed

Hourly Rate for Original

Contract Period

1st Renewal Period

Maximum Firm, Fixed Hourly

Pricing

2nd Renewal Period

Maximum Firm, Fixed Hourly

Pricing

3rd Renewal Period

Maximum Firm, Fixed Hourly

PricingIf providing multiple consulting job classifications, please list consultant job classification titles and their corresponding per hour consulting rate on separate rows below:

$ $ $

$ $ $

$ $ $

$ $ $

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EXHIBIT BEXPERIENCE OF ORGANIZATION

The evaluation of the vendor’s experience of organization shall be subjective based on the ability of the vendor to perform the requirements stated herein. Therefore, the vendor should present detailed information regarding the organization’s experience. The following information should be provided by the vendor in order to assist the State of Missouri in evaluation of the vendor’s experience. The state reserves the right to use this information, including information gained from any other source, in the evaluation process.

B.1 EXPERIENCE OF ORGANIZATION:

1. The vendor should describe any previous/current contract experiences of a similar nature and complexity in scope, responsibility, and technologies involved as what is described in this RFP. The vendor should indicate whether the vendor provides similar solutions to state governments.

2. Describe the nature of the vendor’s business, type of services performed, etc.

3. The vendor should describe the history of the company. The vendor should indicate the number of years its firm has been providing similar type services.

4. The vendor should describe previous project experiences of a similar nature and complexity in scope, responsibility and technologies involved.  These project summaries should be limited to no more than one page per project summary.

B.2 REFERENCES:

1. The vendor should provide reference contact information (name, role in project, phone, and e-mail). Please verify correct e-mail address prior to submitting) for the projects described pursuant to the above in order to allow the evaluators to verify the information. Utilizing the table below (or in a similar format), the vendor should provide references that may be contacted. In addition, the vendor should provide references that may be contacted for any/each subcontractor that the vendor proposes to utilize to meet the requirements of the RFP. Please clearly indicate which references are for subcontractor(s). Please make sure the contact information, including the email addresses, are current, correct and available for reference contact.

The evaluator’s inability to contact a reference due to incorrect or inaccurate reference information or failure of the reference contact person to respond shall be considered an invalid reference.

REFERENCE

Contracting Agency/Entity Client Name:

Contact Name:

Contact Title:

Description of Role / Responsibility the above contact person had in referenced contract work:

Contact Phone Number:

Contact Email Address:*please verify accuracy of email address*

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Applicable Dates of Contract Work:

Annual Dollar Amount:

Description of Role / Responsibility in referenced contract work:

B.3 FINANCIAL/PERSONNEL RESOURCES:

1. The vendor should provide information that documents the depth and number of resources (i.e., financial, supplies, facilities, infrastructure, and human resources) to ensure completion of all RFP requirements. The vendor should document how sufficient resources will be provided to the State of Missouri.

2. The vendor should indicate whether there is currently and within the past twelve months any legal actions, suits, or proceeding, pending or threatened against the vendor’s organization. Explain any such legal circumstances that could potentially affect the contractor’s performance required within the RFP. For any subcontractors proposed, the same information should be provided for each subcontractor’s organization.

NOTE: FAILURE TO PROVIDE ADEQUATE INFORMATION TO COMPLETELY ADDRESS THE SPECIFIED EVALUATION CRITERIA WILL AT LEAST RESULT IN MINIMAL SUBJECTIVE CONSIDERATION.

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EXHIBIT CMETHOD OF PERFORMANCE

The evaluation of the vendor’s proposed method of performance shall be subjective based on the requirements stated herein. Therefore, the vendor should present detailed information regarding the proposed functional method of performance. The state reserves the right to use this information, including information gained from any other source, in the evaluation process.

It is the vendor's responsibility to make sure all products and services proposed are adequately described. It should not be assumed that the evaluator has specific knowledge of the products and services proposed; however, the evaluator does have sufficient technical background to conduct an evaluation when presented complete information.

C.1 Method of Performance: Using the form and format provided in Section 2, Scope of Work, the vendor should respond to each of the RFP requirements identified in Section 2, Scope of Work by indicating: 1) whether the requirement is met or not, and 2) how the proposed solution meets the requirement with a brief description in the “Vendor Response” column.

Additionally, if not already addressed in the vendor’s response to Section 2, Scope of Work, the vendor should provide the information requested below:

1. The vendor should describe how it will staff the project including the number of staff utilized for each respective phase or deliverable and how it will provide continuous personnel and other resources necessary throughout the term of the project.

2. The vendor should provide a timeline for completion of the project.

3. The vendor should provide locations of where all proposed services will be performed.

4. The vendor should specify how their proposed system separates the application, database and webserver.

5. The vendor should outline the plan to migrate the inventory from the previous canteen system to the system.

6. The vendor should state the warranty period which shall cover parts and labor. The warranty shall commence upon delivery and acceptance of the equipment/supplies by the State of Missouri.

Warranty on Parts:_______________________Warranty on Labor:______________________

7. Organizational Chart - The vendor should provide an organizational chart showing the staffing and lines of authority for the key personnel to be used. The organizational chart should include (1) The relationship of service personnel to management and support personnel, (2) The names of the personnel and the working titles of each, and (3) Any proposed subcontractors including management, supervisory, and other key personnel.

8. The organizational chart should outline the team proposed for this project and the relationship of those team members to each other and to the management structure of the vendor’s organization.

C.2 Expertise of Personnel:

1. The vendor should provide detailed information about the experience and qualifications, including any applicable certifications, of the personnel proposed for each personnel classification provided in response to the RFP and identify whether the staff is that of the contractor or subcontractor.

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RFPT30034901701145 90

a. The information submitted should clearly identify previous experience of the person in performing similar services and should include beginning and ending dates, a description of the role of the person in such performances, results of the services performed, and whether the person is proposed for the same services for the State of Missouri.

2. The vendor should provide previous work assignments of the proposed personnel that are similar to the work they will be responsible for under the subsequent contract.

3. If personnel are not yet named, the vendor should provide:

b. Detailed descriptions of the required employment qualifications; and

c. Detailed job descriptions of the position to be filled, including the type of person proposed to be hired.

EXPERTISE OF KEY PERSONNEL(Copy and complete this table for each key person proposed)

Title of Position:______________________________

Name of Person:

Educational Degree (s): include college or university, major, and dates

License(s)/Certification(s), #(s), expiration date(s), if applicable:

Specialized Training Completed. Include dates and documentation of completion:

# of years experience in area of service proposed to provide:

Describe person’s relationship to vendor. If employee, # of years. If subcontractor, describe other/past working relationships

Describe this person’s responsibilities over the past 12 months.

Previous employer(s), positions, and dates

Identify specific information about experience in:

Clearly identify the experience, provide dates, describe the person’s role and extent of involvement in the experience

Staffing MethodologyDescribe the person’s planned duties/role proposed herein:

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RFPT30034901701145 91

Specify the approximate number of hours per month this person is proposed for services

C.3 Implementation Plan: The vendor should sequentially list and briefly describe the tasks or events proposed for the implementation of the required services. If no tasks or events are required, the vendor should provide a statement of readiness. For each task/event identified, the vendor should identify the number of days required to complete the task/event, the personnel proposed to perform the task/event, and the number of work hours for each person.

"completion day" should be specified as a certain number of days from date of contract award until completion of the specific task and should be expressed as calendar days, not specific dates.

"assigned personnel" should be identified by name rather than project title unless such personnel are yet to be hired.

"workhours" should indicate that time each assigned person will spend on the specific task.

Task or Event CompletionDay

AssignedPersonnel

Work-hours

Effective Date of Contract 1 N/A N/A

C.4 Economic Impact to Missouri: The vendor should describe the economic advantages that will be realized as a result of the vendor performing the required services identified in the RFP. The vendor should respond to the following:

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RFPT30034901701145 92

a. Provide a description of the proposed services that will be performed and/or the proposed products that will be provided by Missourians and/or Missouri products.

b. Provide a description of the company’s economic presence within the State of Missouri by type of facility (e.g. type of facilities: sales offices, sales outlets, divisions, manufacturing, warehouse, other)

o Type of Facility:o Location:o Year of Establishment:o Number of Employees:

c. If the vendor will be using subcontractors to provide goods or services to fulfill this contract, please provide the economic presence within the State of Missouri for each subcontractor:

o Type of Facility:o Location:o Year of Establishment:o Number of Employees:

d. In fulfilling the deliverables of this contract, would the vendor hire new employees in Missouri? If so, please provide:

o Type of Facility and Location of New Employees:o Anticipated Number of New Employees:

e. The vendor should identify any small business partners located in the State of Missouri the vendor intends to utilize to provide products and services through the contract. Additionally, the vendor should describe the ongoing process they would utilize to sustain the ongoing business relationships with the small business community to ensure their involvement in having opportunities to provide products and services through the contract.

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EXHIBIT D

PARTICIPATION COMMITMENT

Organization for the Blind/Sheltered Workshop and/or Service-Disabled Veteran Business Enterprise (SDVE) Participation Commitment – If the vendor is committing to participation by or if the vendor is a qualified organization for the blind/sheltered workshop and/or a qualified SDVE, the vendor must provide the required information in the appropriate table(s) below for the organization proposed and must submit the completed exhibit with the bid.

Organization for the Blind/Sheltered Workshop Commitment TableBy completing this table, the vendor commits to the use of the organization at the greater of $5,000 or 2% of the

actual total dollar value of contract.(The services performed or the products provided by the listed Organization for the Blind/Sheltered Workshop must provide

a commercially useful function related to the delivery of the contractually-required service/product in a manner that will constitute an added value to the contract and shall be performed/provided exclusive to the performance of the contract.)

Name of Organization for the Blind or Sheltered Workshop Proposed

Description of Products/Services to be Provided by Listed Organization for the Blind/Sheltered Workshop

The vendor should also include the paragraph number(s) from the RFP which requires the product/service the organization for

the blind/sheltered workshop is proposed to perform and describe how the proposed product/service constitutes added

value and will be exclusive to the contract.

1.

Product/Service(s) proposed:

RFP Paragraph References:

2.

Product/Service(s) proposed:

RFP Paragraph References:

SDVE Participation Commitment Table(The services performed or the products provided by the listed SDVE must provide a commercially useful function related to the delivery of the contractually-required service/product in a manner that will constitute an added value to the contract and

shall be performed/provided exclusive to the performance of the contract.)

Name of Each Qualified Service-Disabled Veteran Business

Enterprise (SDVE) Proposed

Committed Percentage of Participation

for Each SDVE(% of the Actual Total Contract

Value)

Description of Products/Services to be Provided by Listed SDVE

The vendor should also include the paragraph number(s) from the RFP which requires the

product/service the SDVE is proposed to perform and describe how the proposed product/service constitutes

added value and will be exclusive to the contract.1.

%Product/Service(s) proposed:

RFP Paragraph References:

2.%

Product/Service(s) proposed:

RFP Paragraph References:

Total SDVE Percentage: %

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RFPT30034901701145 94

EXHIBIT D

DOCUMENTATION OF INTENT TO PARTICIPATE

If the vendor is proposing to include the participation of an Organization for the Blind/Sheltered Workshop and/or qualified Service-Disabled Veteran Business Enterprise (SDVE) in the provision of the products/services required in the RFP, the vendor must either provide a recently dated letter of intent, signed and dated no earlier than the RFP issuance date, from each organization documenting the following information, or complete and provide this Exhibit with the vendor’s bid.

~ Copy This Form For Each Organization Proposed ~

Vendor Name:

This Section To Be Completed by Participating Organization:

By completing and signing this form, the undersigned hereby confirms the intent of the named participating organization to provide the products/services identified herein for the vendor identified above.

Indicate appropriate business classification(s): _______Organization for the Blind ________Sheltered Workshop ________SDVE

Name of Organization:(Name of Organization for the Blind, Sheltered Workshop, or SDVE)

Contact Name: Email:Address (If SDVE, provide MO Address):

Phone #:

City: Fax #:State/Zip: Certification #SDVE’s WebsiteAddress:

Certification Expiration Date:

(or attach copy of certification)

Service-Disabled Veteran’s (SDV) Name:

SDV’s Signature:

(Please Print)

PRODUCTS/SERVICES PARTICIPATING ORGANIZATION AGREED TO PROVIDE

Describe the products/services you (as the participating organization) have agreed to provide:

Authorized Signature:

Authorized Signature of Participating Organization (Organization for the Blind, Sheltered Workshop, or SDVE)

Date (Dated no earlier than the RFP issuance date)

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EXHIBIT D

SERVICE-DISABLED VETERAN BUSINESS ENTERPRISE (SDVE)

If a participating organization is an SDVE, unless the Service-Disabled Veteran’s (SDV) documents were previously submitted within the past five (5) years to the state agency or to the Office of Administration, Division of Purchasing (Purchasing), the vendor must provide the following SDV documents:

a copy of the SDV’s award letter from the Department of Veterans Affairs or a copy of the SDV’s discharge paper (DD Form 214, Certificate of Release or Discharge from Active Duty); and

a copy of the SDV’s documentation certifying disability by the appropriate federal agency responsible for the administration of veterans’ affairs.

(NOTE: The SDV’s award letter, the SDV’s discharge paper, and the SDV’s documentation certifying disability shall be considered confidential pursuant to subsection 14 of section 610.021, RSMo.)

The vendor should check the appropriate statement below and, if applicable, provide the requested information.

No, I have not previously submitted the SDV documents specified above to the state agency or to the Office of Administration, Division of Purchasing (Purchasing) and therefore have enclosed the SDV documents.

Yes, I previously submitted the SDV documents specified above within the past five (5) years to the state agency.

Yes, I previously submitted the SDV documents specified above within the past five (5) years to the Office of Administration, Division of Purchasing (Purchasing).

Date SDV Documents were Submitted: ______________________

Previous Bid/Contract Number for Which the SDV Documents were Submitted: ______________(if known)

(NOTE: If the proposed SDVE and SDV are listed on the Purchasing SDVE database located at http://oa.mo.gov/sites/default/files/sdvelisting.pdf, then the SDV documents have been submitted to Purchasing within the past five [5] years. However, if it has been determined that an SDVE at any time no longer meets the requirements stated above, Purchasing will remove the SDVE and associated SDV from the database.)

FOR STATE USE ONLY

SDV’s Documents - Verification Completed By:

Procurement Officer Date

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RFPT30034901701145 96

EXHIBIT E

BUSINESS ENTITY CERTIFICATION, ENROLLMENT DOCUMENTATION,AND AFFIDAVIT OF WORK AUTHORIZATION

BUSINESS ENTITY CERTIFICATION:The vendor must certify their current business status by completing either Box A or Box B or Box C on this Exhibit.

BOX A: To be completed by a non-business entity as defined below.BOX B: To be completed by a business entity who has not yet completed and submitted documentation

pertaining to the federal work authorization program as described at http://www.uscis.gov/e-verify.BOX C: To be completed by a business entity who has current work authorization documentation on file

with a Missouri Department including Division of Purchasing.

Business entity, as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, is any person or group of persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood. The term “business entity” shall include but not be limited to self-employed individuals, partnerships, corporations, contractors, and subcontractors. The term “business entity” shall include any business entity that possesses a business permit, license, or tax certificate issued by the state, any business entity that is exempt by law from obtaining such a business permit, and any business entity that is operating unlawfully without such a business permit. The term “business entity” shall not include a self-employed individual with no employees or entities utilizing the services of direct sellers as defined in subdivision (17) of subsection 12 of section 288.034, RSMo.

Note: Regarding governmental entities, business entity includes Missouri schools, Missouri universities (other than stated in Box C), out of state agencies, out of state schools, out of state universities, and political subdivisions. A business entity does not include Missouri state agencies and federal government entities.

BOX A – CURRENTLY NOT A BUSINESS ENTITY

I certify that _____________________ (Company/Individual Name) DOES NOT CURRENTLY MEET the definition of a business entity, as defined in section 285.525, RSMo pertaining to section 285.530, RSMo as stated above, because: (check the applicable business status that applies below)

- I am a self-employed individual with no employees; OR

- The company that I represent employs the services of direct sellers as defined in subdivision (17) of subsection 12 of section 288.034, RSMo.

I certify that I am not an alien unlawfully present in the United States and if _____________________ (Company/Individual Name) is awarded a contract for the services requested herein under ____________ (RFP Number) and if the business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo pertaining to section 285.530, RSMo then, prior to the performance of any services as a business entity, _____________________ (Company/Individual Name) agrees to complete Box B, comply with the requirements stated in Box B and provide the Department with all documentation required in Box B of this exhibit.

Authorized Representative’s Name (Please Print) Authorized Representative’s Signature

Company Name (if applicable) Date

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EXHIBIT E, continued

(Complete the following if you DO NOT have the E-Verify documentation and a current Affidavit of Work Authorization already on file with the State of Missouri. If completing Box B, do not complete Box C.)

BOX B – CURRENT BUSINESS ENTITY STATUS

I certify that _____________________ (Business Entity Name) MEETS the definition of a business entity as defined in section 285.525, RSMo pertaining to section 285.530.

Authorized Business Entity Representative’s Name (Please Print)

Authorized Business EntityRepresentative’s Signature

Business Entity Name Date

E-Mail Address

As a business entity, the vendor must perform/provide each of the following. The vendor should check each to verify completion/submission of all of the following:

- Enroll and participate in the E-Verify federal work authorization program (Website: http://www.uscis.gov/e-verify; Phone: 888-464-4218; Email: [email protected]) with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services required herein;

AND- Provide documentation affirming said company’s/individual’s enrollment and participation in the

E-Verify federal work authorization program. Documentation shall include EITHER the E-Verify Employment Eligibility Verification page listing the vendor’s name and company ID OR a page from the E-Verify Memorandum of Understanding (MOU) listing the vendor’s name and the MOU signature page completed and signed, at minimum, by the vendor and the Department of Homeland Security – Verification Division. If the signature page of the MOU lists the vendor’s name and company ID, then no additional pages of the MOU must be submitted;

AND- Submit a completed, notarized Affidavit of Work Authorization provided on the next page of this

Exhibit.

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EXHIBIT E, continued

AFFIDAVIT OF WORK AUTHORIZATION:

The vendor who meets the section 285.525, RSMo, definition of a business entity must complete and return the following Affidavit of Work Authorization.

Comes now _____________________ (Name of Business Entity Authorized Representative) as _____________________ (Position/Title) first being duly sworn on my oath, affirm _____________________ (Business Entity Name) is enrolled and will continue to participate in the E-Verify federal work authorization program with respect to employees hired after enrollment in the program who are proposed to work in connection with the services related to contract(s) with the State of Missouri for the duration of the contract(s), if awarded in accordance with subsection 2 of section 285.530, RSMo. I also affirm that _____________________ (Business Entity Name) does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services provided under the contract(s) for the duration of the contract(s), if awarded.

In Affirmation thereof, the facts stated above are true and correct. (The undersigned understands that false statements made in this filing are subject to the penalties provided under section 575.040, RSMo.)

Authorized Representative’s Signature Printed Name

Title Date

E-Mail Address E-Verify Company ID Number

Subscribed and sworn to before me this _____________ of ___________________. I am (DAY) (MONTH, YEAR)

commissioned as a notary public within the County of ________________, State of (NAME OF COUNTY)

_______________________, and my commission expires on _________________.(NAME OF STATE) (DATE)

Signature of Notary Date

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EXHIBIT E, continued

(Complete the following if you have the E-Verify documentation and a current Affidavit of Work Authorization already on file with the State of Missouri. If completing Box C, do not complete Box B.)

BOX C – AFFIDAVIT ON FILE - CURRENT BUSINESS ENTITY STATUS

I certify that _____________________ (Business Entity Name) MEETS the definition of a business entity as defined in section 285.525, RSMo pertaining to section 285.530, RSMo and have enrolled and currently participates in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services related to contract(s) with the State of Missouri. We have previously provided documentation to a Missouri Department or public university that affirms enrollment and participation in the E-Verify federal work authorization program. The documentation that was previously provided included the following.

The E-Verify Employment Eligibility Verification page OR a page from the E-Verify Memorandum of Understanding (MOU) listing the vendor’s name and the MOU signature page completed and signed by the vendor and the Department of Homeland Security – Verification Division

A current, notarized Affidavit of Work Authorization (must be completed, signed, and notarized within the past twelve months).

Name of Missouri Department or Public University* to Which Previous E-Verify Documentation Submitted: _____________________

(*Public University includes the following five schools under chapter 34, RSMo: Harris-Stowe State University – St. Louis; Missouri Southern State University – Joplin; Missouri Western State University – St. Joseph; Northwest Missouri State University – Maryville; Southeast Missouri State University – Cape Girardeau.)

Date of Previous E-Verify Documentation Submission: _____________________

Previous Bid/Contract Number for Which Previous E-Verify Documentation Submitted: ________ (if known)

Authorized Business Entity Representative’s Name (Please Print)

Authorized Business EntityRepresentative’s Signature

Business Entity Name Date

E-Mail Address E-Verify MOU Company ID Number

FOR STATE OF MISSOURI USE ONLY

Documentation Verification Completed By:

Buyer Date

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EXHIBIT_F

MISCELLANEOUS INFORMATION

If any products and/or services offered under this RFP are being manufactured or performed at sites outside the United States, the vendor MUST disclose such fact and provide details in the space below or on an attached page.

Are any of the vendor’s proposed products and/or services being manufactured or performed at sites outside the United States?

Yes ____ No ____

If YES, do the proposed products/services satisfy the conditions described in section 4 1., 2., 3., or 4. of Executive Order 04-09? (see the  following web link: http://www.sos.mo.gov/library/reference/orders/2004/eo04_009.asp)

Yes ____ No ____

If YES, mark the appropriate exemption below, and provide the requested details:____ 1. Unique good or service. 

EXPLAIN:____________________________________________________________________ 2. Foreign firm hired to market Missouri services/products to a foreign country.

Identify foreign country: _______________________________________ 3. Economic cost factor exists

EXPLAIN:____________________________________________________________________ 4. Vendor/subcontractor maintains significant business presence in the United States and only

performs trivial portion of contract work outside US.  Identify maximum percentage of the overall value of the contract, for any contract period,

attributed to the value of the products and/or services being manufactured or performed at sites outside the United States: ___%

Specify what contract work would be performed outside the United States: ________________________________________________________________

Employee Bidding/Conflict of Interest:

Vendors who are elected or appointed officials or employees of the State of Missouri or any political subdivision thereof, serving in an executive or administrative capacity, must comply with sections 105.450 to 105.458, RSMo, regarding conflict of interest. If the vendor or any owner of the vendor’s organization is currently an elected or appointed official or an employee of the State of Missouri or any political subdivision thereof, please provide the following information:

Name and title of elected or appointed official or employee of the State of Missouri or any political subdivision thereof:If employee of the State of Missouri or political subdivision thereof, provide name of Department or political subdivision where employed:Percentage of ownership interest in vendor’s organization held by elected or appointed official or employee of the State of Missouri or political subdivision thereof:

__________%

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STATE OF MISSOURIDIVISION OF PURCHASING

TERMS AND CONDITIONS -- REQUEST FOR PROPOSAL

1. TERMINOLOGY/DEFINITIONSWhenever the following words and expressions appear in a Request for Proposal (RFP) document or any addendum thereto, the definition or meaning described below shall apply.

a. Agency and/or State Agency means the statutory unit of state government in the State of Missouri for which the equipment, supplies, and/or services are being purchased by the Division of Purchasing (Purchasing). The agency is also responsible for payment.

b. Addendum means a written, official modification to an RFP.c. Amendment means a written, official modification to a contract.d. Attachment applies to all forms which are included with an RFP to incorporate any informational data or requirements related to the performance

requirements and/or specifications.e. Proposal End Date and Time and similar expressions mean the exact deadline required by the RFP for the receipt of sealed proposals. f. Vendor means the supplier, vendor, person, or organization that responds to an RFP by submitting a proposal with prices to provide the equipment,

supplies, and/or services as required in the RFP document.g. Buyer means the procurement staff member of Purchasing. The Contact Person as referenced herein is usually the Buyer.h. Contract means a legal and binding agreement between two or more competent parties, for a consideration for the procurement of equipment, supplies,

and/or services.i. Contractor means a supplier, vendor, person, or organization who is a successful vendor as a result of an RFP and who enters into a contract.j. Exhibit applies to forms which are included with an RFP for the vendor to complete and submit with the sealed proposal prior to the specified end date

and time.k. Request for Proposal (RFP) means the solicitation document issued by Purchasing to potential vendors for the purchase of equipment, supplies, and/or

services as described in the document. The definition includes these Terms and Conditions as well as all Pricing Pages, Exhibits, Attachments, and Addendums thereto.

l. May means that a certain feature, component, or action is permissible, but not required.m. Must means that a certain feature, component, or action is a mandatory condition. n. Pricing Page(s) applies to the form(s) on which the vendor must state the price(s) applicable for the equipment, supplies, and/or services required in the

RFP. The pricing pages must be completed and submitted by the vendor with the sealed proposal prior to the specified proposal end date and time.o. RSMo (Revised Statutes of Missouri) refers to the body of laws enacted by the Legislature which govern the operations of all agencies of the State of

Missouri. Chapter 34 of the statutes is the primary chapter governing the operations of Purchasing.p. Shall has the same meaning as the word must.q. Should means that a certain feature, component and/or action is desirable but not mandatory.

2. APPLICABLE LAWS AND REGULATIONS

a. The contract shall be construed according to the laws of the State of Missouri. The contractor shall comply with all local, state, and federal laws and regulations related to the performance of the contract to the extent that the same may be applicable.

b. To the extent that a provision of the contract is contrary to the Constitution or laws of the State of Missouri or of the United States, the provisions shall be void and unenforceable. However, the balance of the contract shall remain in force between the parties unless terminated by consent of both the contractor and Purchasing.

c. The contractor must be registered and maintain good standing with the Secretary of State of the State of Missouri and other regulatory agencies, as may be required by law or regulations.

d. The contractor must timely file and pay all Missouri sales, withholding, corporate and any other required Missouri tax returns and taxes, including interest and additions to tax.

e. The exclusive venue for any legal proceeding relating to or arising out of the RFP or resulting contract shall be in the Circuit Court of Cole County, Missouri.

f. The contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws and Executive Order 07-13 for work performed in the United States.

3. OPEN COMPETITION/REQUEST FOR PROPOSAL DOCUMENT

a. It shall be the vendor’s responsibility to ask questions, request changes or clarification, or otherwise advise Purchasing if any language, specifications or requirements of an RFP appear to be ambiguous, contradictory, and/or arbitrary, or appear to inadvertently restrict or limit the requirements stated in the RFP to a single source. Any and all communication from vendors regarding specifications, requirements, competitive proposal process, etc., must be directed to the buyer from Purchasing, unless the RFP specifically refers the vendor to another contact. Such e-mail, fax, or phone communication should be received at least ten calendar days prior to the official proposal end date.

b. Every attempt shall be made to ensure that the vendor receives an adequate and prompt response. However, in order to maintain a fair and equitable procurement process, all vendors will be advised, via the issuance of an addendum to the RFP, of any relevant or pertinent information related to the procurement. Therefore, vendors are advised that unless specified elsewhere in the RFP, any questions received less than ten calendar days prior to the RFP end date may not be answered.

c. Vendors are cautioned that the only official position of the State of Missouri is that which is issued by Purchasing in the RFP or an addendum thereto. No other means of communication, whether oral or written, shall be construed as a formal or official response or statement.

d. Purchasing monitors all procurement activities to detect any possibility of deliberate restraint of competition, collusion among vendors, price-fixing by vendors, or any other anticompetitive conduct by vendors which appears to violate state and federal antitrust laws. Any suspected violation shall be referred to the Missouri Attorney General's Office for appropriate action.

e. The RFP is available for viewing and downloading on the MissouriBUYS Statewide eProcurement System. Registered vendors are electronically notified of those proposal opportunities that match the commodity codes for which the vendor registered in MissouriBUYS. If a registered vendor’s e-mail address is incorrect, the vendor must update the e-mail address themselves on the state's MissouriBUYS Statewide eProcurement System at https://missouribuys.mo.gov/ .

f. Purchasing reserves the right to officially amend or cancel an RFP after issuance. It shall be the sole responsibility of the vendor to monitor the MissouriBUYS Statewide eProcurement System to obtain a copy of the addendum(s). Registered vendors who received e-mail notification of the proposal opportunity when the RFP was established and registered vendors who have responded to the RFP on-line prior to an addendum being issued should receive e-mail notification of the addendum(s). Registered vendors who received e-mail notification of the proposal opportunity when the RFP

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was established and registered vendors who have responded to the proposal on-line prior to a cancellation being issued should receive e-mail notification of a cancellation issued prior to the exact end date and time specified in the RFP.

4. PREPARATION OF PROPOSALS

a. Vendors must examine the entire RFP carefully. Failure to do so shall be at the vendor’s risk.b. Unless otherwise specifically stated in the RFP, all specifications and requirements constitute minimum requirements. All proposals must meet or

exceed the stated specifications and requirements.c. Unless otherwise specifically stated in the RFP, any manufacturer names, trade names, brand names, information and/or catalog numbers listed in a

specification and/or requirement are for informational purposes only and are not intended to limit competition. The vendor may offer any brand which meets or exceeds the specification for any item, but must state the manufacturer's name and model number for any such brands in the proposal. In addition, the vendor shall explain, in detail, (1) the reasons why the proposed equivalent meets or exceeds the specifications and/or requirements and (2) why the proposed equivalent should not be considered an exception thereto. Proposals which do not comply with the requirements and specifications are subject to rejection without clarification.

d. Proposals lacking any indication of intent to offer an alternate brand or to take an exception shall be received and considered in complete compliance with the specifications and requirements as listed in the RFP.

e. In the event that the vendor is an agency of state government or other such political subdivision which is prohibited by law or court decision from complying with certain provisions of an RFP, such a vendor may submit a proposal which contains a list of statutory limitations and identification of those prohibitive clauses. The vendor should include a complete list of statutory references and citations for each provision of the RFP, which is affected by this paragraph. The statutory limitations and prohibitive clauses may (1) be requested to be clarified in writing by Purchasing or (2) be accepted without further clarification if the statutory limitations and prohibitive clauses are deemed acceptable by Purchasing. If Purchasing determines clarification of the statutory limitations and prohibitive clauses is necessary, the clarification will be conducted in order to agree to language that reflects the intent and compliance of such law and/or court order and the RFP.

f. All equipment and supplies offered in a proposal must be new, of current production, and available for marketing by the manufacturer unless the RFP clearly specifies that used, reconditioned, or remanufactured equipment and supplies may be offered.

g. Prices shall include all packing, handling and shipping charges FOB destination, freight prepaid and allowed unless otherwise specified in the RFP.h. Proposals, including all prices therein, shall remain valid for 90 days from proposal opening or Best and Final Offer (BAFO) submission unless

otherwise indicated. If the proposal is accepted, the entire proposal, including all prices, shall be firm for the specified contract period.i. Any foreign vendor not having an Employer Identification Number assigned by the United States Internal Revenue Service (IRS) must submit a

completed IRS Form W-8 prior to or with the submission of their proposal in order to be considered for award.

5. SUBMISSION OF PROPOSALS

a. Registered vendors may submit proposals electronically through the MissouriBUYS Statewide eProcurement System at https://missouribuys.mo.gov/ or by delivery of a hard copy to the Purchasing office. Vendors that have not registered on the MissouriBUYS Statewide eProcurement System may submit proposals hard copy delivered to the Purchasing office. Delivered proposals must be sealed in an envelope or container, and received in the Purchasing office located at 301 West High St, Rm 630 in Jefferson City, MO no later than the exact end date and time specified in the RFP. All proposals must (1) be submitted by a duly authorized representative of the vendor’s organization, (2) contain all information required by the RFP, and (3) be priced as required. Hard copy proposals may be mailed to the Purchasing post office box address. However, it shall be the responsibility of the vendor to ensure their proposal is in the Purchasing office (address listed above) no later than the exact end date and time specified in the RFP.

b. The sealed envelope or container containing a proposal should be clearly marked on the outside with (1) the official RFP number and (2) the official end date and time. Different proposals should not be placed in the same envelope, although copies of the same proposal may be placed in the same envelope.

c. A proposal submitted electronically by a registered vendor may be modified on-line prior to the official end date and time. A proposal which has been delivered to the Purchasing office may be modified by signed, written notice which has been received by Purchasing prior to the official end date and time specified. A proposal may also be modified in person by the vendor or its authorized representative, provided proper identification is presented before the official end date and time. Telephone or telegraphic requests to modify a proposal shall not be honored.

d. A proposal submitted electronically by a registered vendor may be retracted on-line prior to the official end date and time. A proposal which has been delivered to the Purchasing may only be withdrawn by a signed, written document on company letterhead transmitted via mail, e-mail, or facsimile which has been received by Purchasing prior to the official end and time specified. A proposal may also be withdrawn in person by the vendor or its authorized representative, provided proper identification is presented before the official end date and time. Telephone or telegraphic requests to withdraw a proposal shall not be honored.

e. A proposal may also be withdrawn after the proposal opening through submission of a written request by an authorized representative of the vendor. Justification of withdrawal decision may include a significant error or exposure of proposal information that may cause irreparable harm to the vendor.

f. When submitting a proposal electronically, the registered vendor indicates acceptance of all RFP requirements, terms and conditions by clicking on the "Accept" button on the Overview tab. Vendors delivering a hard copy proposal to Purchasing must sign and return the RFP cover page or, if applicable, the cover page of the last addendum thereto in order to constitute acceptance by the vendor of all RFP requirements, terms and conditions. Failure to do so may result in rejection of the proposal unless the vendor’s full compliance with those documents is indicated elsewhere within the vendor’s response.

g. Faxed proposals shall not be accepted. However, faxed and e-mail no-bid notifications shall be accepted.

6. PROPOSAL OPENING

a. Proposal openings are public on the end date and at the opening time specified on the RFP document. Only the names of the respondents shall be read at the proposal opening. All vendors may view the same proposal response information on the MissouriBUYS Statewide eProcurement System. The contents of the responses shall not be disclosed at this time.

b. Proposals which are not received in the Purchasing office prior to the official end date and time shall be considered late, regardless of the degree of lateness, and normally will not be opened. Late proposals may only be opened under extraordinary circumstances in accordance with 1 CSR 40-1.050.

7. PREFERENCES

a. In the evaluation of proposals, preferences shall be applied in accordance with chapter 34, RSMo, other applicable Missouri statutes, and applicable Executive Orders. Contractors should apply the same preferences in selecting subcontractors.

b. By virtue of statutory authority, a preference will be given to materials, products, supplies, provisions and all other articles produced, manufactured, mined, processed or grown within the State of Missouri and to all firms, corporations or individuals doing business as Missouri firms, corporations or individuals. Such preference shall be given when quality is equal or better and delivered price is the same or less.

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c. In accordance with Executive Order 05-30, contractors are encouraged to utilize certified minority and women-owned businesses in selecting subcontractors.

8. EVALUATION/AWARD

a. Any clerical error, apparent on its face, may be corrected by the buyer before contract award. Upon discovering an apparent clerical error, the buyer shall contact the vendor and request clarification of the intended proposal. The correction shall be incorporated in the notice of award. Examples of apparent clerical errors are: 1) misplacement of a decimal point; and 2) obvious mistake in designation of unit.

b. Any pricing information submitted by a vendor shall be subject to evaluation if deemed by Purchasing to be in the best interest of the State of Missouri.c. The vendor is encouraged to propose price discounts for prompt payment or propose other price discounts that would benefit the State of Missouri.

However, unless otherwise specified in the RFP, pricing shall be evaluated at the maximum potential financial liability to the State of Missouri. d. Awards shall be made to the vendor whose proposal (1) complies with all mandatory specifications and requirements of the RFP and (2) is the lowest

and best proposal, considering price, responsibility of the vendor, and all other evaluation criteria specified in the RFP and any subsequent negotiations and (3) complies with chapter 34, RSMo, other applicable Missouri statutes, and all applicable Executive Orders.

e. In the event all vendors fail to meet the same mandatory requirement in an RFP, Purchasing reserves the right, at its sole discretion, to waive that requirement for all vendors and to proceed with the evaluation. In addition, Purchasing reserves the right to waive any minor irregularity or technicality found in any individual proposal.

f. Purchasing reserves the right to reject any and all proposals.g. When evaluating a proposal, the State of Missouri reserves the right to consider relevant information and fact, whether gained from a proposal, from a

vendor, from vendor’s references, or from any other source.h. Any information submitted with the proposal, regardless of the format or placement of such information, may be considered in making decisions related

to the responsiveness and merit of a proposal and the award of a contract.i. Negotiations may be conducted with those vendors who submit potentially acceptable proposals. Proposal revisions may be permitted for the purpose of

obtaining best and final offers. In conducting negotiations, there shall be no disclosure of any information submitted by competing vendors.j. Any award of a contract shall be made by notification from Purchasing to the successful vendor. Purchasing reserves the right to make awards by item,

group of items, or an all or none basis. The grouping of items awarded shall be determined by Purchasing based upon factors such as item similarity, location, administrative efficiency, or other considerations in the best interest of the State of Missouri.

k. Pursuant to section 610.021, RSMo, proposals and related documents shall not be available for public review until after a contract is executed or all proposals are rejected.

l. Purchasing posts all proposal results on the MissouriBUYS Statewide eProcurement System for all vendors to view for a reasonable period after proposal award and maintains images of all proposal file material for review. Vendors who include an e-mail address with their proposal will be notified of the award results via e-mail.

m. Purchasing reserves the right to request clarification of any portion of the vendor’s response in order to verify the intent of the vendor. The vendor is cautioned, however, that its response may be subject to acceptance or rejection without further clarification.

n. Any proposal award protest must be received within ten (10) business days after the date of award in accordance with the requirements of 1 CSR 40-1.050 (9).

o. The final determination of contract(s) award shall be made by Purchasing.

9. CONTRACT/PURCHASE ORDER

a. By submitting a proposal, the vendor agrees to furnish any and all equipment, supplies and/or services specified in the RFP, at the prices quoted, pursuant to all requirements and specifications contained therein.

b. A binding contract shall consist of: (1) the RFP, addendums thereto, and any Best and Final Offer (BAFO) request(s) with RFP changes/additions, (2) the contractor's proposal including any contractor BAFO response(s), (3) clarification of the proposal, if any, and (4) Purchasing's acceptance of the proposal by "notice of award" or by "purchase order." All Exhibits and Attachments included in the RFP shall be incorporated into the contract by reference.

c. A notice of award issued by the State of Missouri does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing equipment, supplies and/or services for the State of Missouri, the contractor must receive a properly authorized purchase order or other form of authorization given to the contractor at the discretion of the state agency.

d. The contract expresses the complete agreement of the parties and performance shall be governed solely by the specifications and requirements contained therein. Any change to the contract, whether by modification and/or supplementation, must be accomplished by a formal contract amendment signed and approved by and between the duly authorized representative of the contractor and Purchasing or by a modified purchase order prior to the effective date of such modification. The contractor expressly and explicitly understands and agrees that no other method and/or no other document, including correspondence, acts, and oral communications by or from any person, shall be used or construed as an amendment or modification to the contract.

10. INVOICING AND PAYMENT

a. The State of Missouri does not pay state or federal taxes unless otherwise required under law or regulation.b. The statewide financial management system has been designed to capture certain receipt and payment information. For each purchase order received, an

invoice must be submitted that references the purchase order number and must be itemized in accordance with items listed on the purchase order. Failure to comply with this requirement may delay processing of invoices for payment.

c. The contractor shall not transfer any interest in the contract, whether by assignment or otherwise, without the prior written consent of Purchasing.d. Payment for all equipment, supplies, and/or services required herein shall be made in arrears unless otherwise indicated in the RFP.e. The State of Missouri assumes no obligation for equipment, supplies, and/or services shipped or provided in excess of the quantity ordered. Any

unauthorized quantity is subject to the state's rejection and shall be returned at the contractor's expense.f. All invoices for equipment, supplies, and/or services purchased by the State of Missouri shall be subject to late payment charges as provided in section

34.055, RSMo.g. The State of Missouri reserves the right to purchase goods and services using the state purchasing card.

11. DELIVERY

Time is of the essence. Deliveries of equipment, supplies, and/or services must be made no later than the time stated in the contract or within a reasonable period of time, if a specific time is not stated.

12. INSPECTION AND ACCEPTANCE

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a. No equipment, supplies, and/or services received by an agency of the state pursuant to a contract shall be deemed accepted until the agency has had reasonable opportunity to inspect said equipment, supplies, and/or services.

b. All equipment, supplies, and/or services which do not comply with the specifications and/or requirements or which are otherwise unacceptable or defective may be rejected. In addition, all equipment, supplies, and/or services which are discovered to be defective or which do not conform to any warranty of the contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected.

c. The State of Missouri reserves the right to return any such rejected shipment at the contractor's expense for full credit or replacement and to specify a reasonable date by which replacements must be received.

d. The State of Missouri's right to reject any unacceptable equipment, supplies, and/or services shall not exclude any other legal, equitable or contractual remedies the state may have.

13. WARRANTY

a. The contractor expressly warrants that all equipment, supplies, and/or services provided shall: (1) conform to each and every specification, drawing, sample or other description which was furnished to or adopted by Purchasing, (2) be fit and sufficient for the purpose expressed in the RFP, (3) be merchantable, (4) be of good materials and workmanship, and (5) be free from defect.

b. Such warranty shall survive delivery and shall not be deemed waived either by reason of the state's acceptance of or payment for said equipment, supplies, and/or services.

14. CONFLICT OF INTEREST

a. Elected or appointed officials or employees of the State of Missouri or any political subdivision thereof, serving in an executive or administrative capacity, must comply with sections 105.452 and 105.454, RSMo, regarding conflict of interest.

b. The contractor hereby covenants that at the time of the submission of the proposal the contractor has no other contractual relationships which would create any actual or perceived conflict of interest. The contractor further agrees that during the term of the contract neither the contractor nor any of its employees shall acquire any other contractual relationships which create such a conflict.

15. REMEDIES AND RIGHTS

a. No provision in the contract shall be construed, expressly or implied, as a waiver by the State of Missouri of any existing or future right and/or remedy available by law in the event of any claim by the State of Missouri of the contractor's default or breach of contract.

b. The contractor agrees and understands that the contract shall constitute an assignment by the contractor to the State of Missouri of all rights, title and interest in and to all causes of action that the contractor may have under the antitrust laws of the United States or the State of Missouri for which causes of action have accrued or will accrue as the result of or in relation to the particular equipment, supplies, and/or services purchased or procured by the contractor in the fulfillment of the contract with the State of Missouri.

16. CANCELLATION OF CONTRACT

a. In the event of material breach of the contractual obligations by the contractor, Purchasing may cancel the contract. At its sole discretion, Purchasing may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. The actual cure must be completed within no more than 10 working days from notification, or at a minimum the contractor must provide Purchasing within 10 working days from notification a written plan detailing how the contractor intends to cure the breach.

b. If the contractor fails to cure the breach or if circumstances demand immediate action, Purchasing will issue a notice of cancellation terminating the contract immediately. If it is determined Purchasing improperly cancelled the contract, such cancellation shall be deemed a termination for convenience in accordance with the contract.

c. If Purchasing cancels the contract for breach, Purchasing reserves the right to obtain the equipment, supplies, and/or services to be provided pursuant to the contract from other sources and upon such terms and in such manner as Purchasing deems appropriate and charge the contractor for any additional costs incurred thereby.

d. The contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period. The contract shall not be binding upon the state for any period in which funds have not been appropriated, and the state shall not be liable for any costs associated with termination caused by lack of appropriations.

17. COMMUNICATIONS AND NOTICES

Any notice to the vendor/contractor shall be deemed sufficient when deposited in the United States mail postage prepaid, transmitted by facsimile, transmitted by e-mail or hand-carried and presented to an authorized employee of the vendor/contractor.

18. BANKRUPTCY OR INSOLVENCY

a. Upon filing for any bankruptcy or insolvency proceeding by or against the contractor, whether voluntary or involuntary, or upon the appointment of a receiver, trustee, or assignee for the benefit of creditors, the contractor must notify Purchasing immediately.

b. Upon learning of any such actions, Purchasing reserves the right, at its sole discretion, to either cancel the contract or affirm the contract and hold the contractor responsible for damages.

19. INVENTIONS, PATENTS AND COPYRIGHTS

The contractor shall defend, protect, and hold harmless the State of Missouri, its officers, agents, and employees against all suits of law or in equity resulting from patent and copyright infringement concerning the contractor's performance or products produced under the terms of the contract.

20. NON-DISCRIMINATION AND AFFIRMATIVE ACTION

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In connection with the furnishing of equipment, supplies, and/or services under the contract, the contractor and all subcontractors shall agree not to discriminate against recipients of services or employees or applicants for employment on the basis of race, color, religion, national origin, sex, age, disability, or veteran status unless otherwise provided by law. If the contractor or subcontractor employs at least 50 persons, they shall have and maintain an affirmative action program which shall include:

a. A written policy statement committing the organization to affirmative action and assigning management responsibilities and procedures for evaluation and dissemination;

b. The identification of a person designated to handle affirmative action;c. The establishment of non-discriminatory selection standards, objective measures to analyze recruitment, an upward mobility system, a wage and salary

structure, and standards applicable to layoff, recall, discharge, demotion, and discipline;d. The exclusion of discrimination from all collective bargaining agreements; ande. Performance of an internal audit of the reporting system to monitor execution and to provide for future planning.

If discrimination by a contractor is found to exist, Purchasing shall take appropriate enforcement action which may include, but not necessarily be limited to, cancellation of the contract, suspension, or debarment by Purchasing until corrective action by the contractor is made and ensured, and referral to the Attorney General's Office, whichever enforcement action may be deemed most appropriate.

21. AMERICANS WITH DISABILITIES ACT

In connection with the furnishing of equipment, supplies, and/or services under the contract, the contractor and all subcontractors shall comply with all applicable requirements and provisions of the Americans with Disabilities Act (ADA).

22. FILING AND PAYMENT OF TAXES

The commissioner of administration and other agencies to which the state purchasing law applies shall not contract for goods or services with a vendor if the vendor or an affiliate of the vendor makes sales at retail of tangible personal property or for the purpose of storage, use, or consumption in this state but fails to collect and properly pay the tax as provided in chapter 144, RSMo. For the purposes of this section, "affiliate of the vendor" shall mean any person or entity that is controlled by or is under common control with the vendor, whether through stock ownership or otherwise. Therefore the vendor’s failure to maintain compliance with chapter 144, RSMo, may eliminate their proposal from consideration for award.

23. TITLES

Titles of paragraphs used herein are for the purpose of facilitating reference only and shall not be construed to infer a contractual construction of language.

Revised 10-19-15

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ATTACHMENT 001

JAY NIXONGOVERNOR

Tim RobynChief Information Officer

State of MissouriDoug Nelson OFFICE OF ADMINISTRATION (573) 751-3290Commissioner Information Technology Services Division FAX (573) 526-0132

301 W. High St., 280 Truman BuildingPost Office Box 809

Jefferson City, MO 65102www.oa.mo.gov/itsd

Distributed Systems Patch and Firmware Management PolicyMicrosoft based systems; Security bulletins and related security updates are released monthly on the second calendar

Tuesday “Patch Tuesday” between 9 A.M. and 10 A.M. Central Time, unless Microsoft determines that customers will be

better served by releasing a security bulletin at a different time.

The Information Technology Services Division(ITSD) and the State Data Center Operating Systems Group and Infomation

Security Management Office (ISMO) will assess the updates each month. Updates will be applied on a scheduled basis. Non

Production systems will be updated within 7 days of release between 8 A.M and 5 P.M. Central Time. A schedule will be

maintained on the NOC maintenance calendar. Any variance to this schedule must be approved by Chief Information

Security Officer (CISO) and/or Director of the State Data Center. In this case an alternate schedule will be determined and

documented by Operating Systems Team in Configuration Database (CMDB). Production updates will then be applied on a

quarterly basis the first weekend (March, June, September and December).

Linux based systems will have all security and package updates applied on the same schedules as the Microsoft based non

production and production systems. A schedule will be maintained on the NOC maintenance calendar for all systems. For

any Windows or Linux based systems that are updated by a vendor or other non-SDC entity, email notification must be sent

to [email protected] no later than one day following the scheduled update period. The notification

email must include a listing of servers updated, the individual patches applied per server, and the date and time the patches

were applied. If any patches were not applied, those need to be listed along with an explanation as to why they could not be

applied.

Server firmware (including BIOS, ISMP, etc) will follow the same production schedule. Firmware updates will be applied to

test systems on an as needed basis to address any risk or concerns. Critical Patch Management

ITSD will maintain multiple individuals on a Microsoft notification list for critical updates. This notification list is

automated via email. Upon notification of a critical patch release the Operating Systems group in conjunction with the State

Security Office ISMO will review and assess the vulnerability associated with the patch. ITSD (OS Group) will maintain a

contact list of individuals/groups associated with the applications running on servers. Second, the Operating Systems group

will proceed forward with applying critical updates within a 24 hour window. Groups outside the Operating Systems group

will need to maintain and notify the Operating Systems group of their preferred method of contact regarding holidays and

after hour notifications. The contact information will be maintained in CMDB.

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If a group outside Operating Systems does not want a patch applied, critical or non critical, the Operating Systems group

Supervisor\Manager will need to be notified. ITSD Management and ISMO will then review the request and inform the

notifying group of its decision to apply or withhold.

As new Operating systems are built they will be created to the most current levels of updates and firmware unless specifically

requested and approved by Director of the State Data Center and CISO.

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ATTACHMENT 002Note: The items listed below in Attachment 2 are intended to provide the best practices at the time of this RFP’s publishing. There may be additional requirements based on the solution proposed by the vendor. Items listed on this sheet may change and evolve over the life of the contract.

Windows Shared HostingSecurity Best Practices

This document is intended to describe the security best practices used by the enterprise windows shared hosting environment.

General Best Practices All IIS Shared Hosting IDs should be Active Directory IDs. Local IDs should not be created or used for web

resources. All sites and applications will be behind the NetScaler. This includes dev environments still located in the

core. As such there will be no direct access to web resources in the shared environment. All sites and applications that require authentication must be encrypted. DB connections between the web server and database server must be encrypted. All site certificates should be signed either by Entrust, or for internal StateofMissouri.

Application Pool Security Best Practices Every defined site and application should have its own Application Pool and Application Pool Identity.

Application pools should never be shared between applications. Application pools should be configured to recycle. Application pools should be set to recycle on a regular

schedule instead of the default 29 hour schedule.

IIS Configuration Best Practices Default IIS application pools and sites will be deleted by default. All web.config files that have user name and password will have to be encrypted. Only the encrypted web.config file should be stored on the web server. The unencrypted file should be

maintained by the application owner and the encryption should happen as part of the build process. We recommend not storing user ids and passwords in TFS.

Each application pool will be configured to only have access to its own application files. The base NTFS permissions are set as follows:

IIS APPPOOL\Application-Pool-Name ReadSTATEMOUS\AutomationID Modify

Batch servers for application that require batch processes will run in the enterprise batch environment. IIS Access logs will be configured to write to a dedicated log drive, and then replicated to the logging

server for long term storage. The same is true for any application logs being written to file on the server. These files will be deleted from the web server as soon as they have been replicated over to the logging environment.

The IIS APPPOOL\Application-Pool-Name ID must be added to the IIS_IUSRS group. IIS_IUSRS should not be set for file system access.

Access to private keys will be limited to the application pool for the application that needs access to it. Sites that require anonymous access should use the Application Pool ID as the Anonymous User ID. IUSR and IIS_IUSRS should not be used to grant access to resources. These should remain for access to

default IIS process and resources (temporary files, etc), but not used to grant new access rights. Sites that require Windows Authentication also need to set Physical Path Credentials to the STATEMOUS

ID used for the Application Pool.

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Windows 2012 IIS servers must be configured to capture the NS-Client-IP setting for capturing client IP in web access logs.

ARR_HELPER should be configured on Windows 2008 R2 web servers to capture X-FORWARDED-FOR.

Windows Server Security Best Practices Direct access to web servers will be restricted by default. Windows 2012 SMB shares should be configured for encryption by default. Encryption should be set to

required. Direct file level access to web files will be restricted in test and production environments. Access to

manage deployments will be done through automation jobs and deployment scripts. All Windows servers should be located in Active Directory, including public and private servers. The two

accepted domains are STATEMOUS, and SERVEMO. Servers should be single-homed only.

Web Architecture Best Practices All test and production web servers should be located in dedicated application DMZs designated for

Windows Shared Hosting. Development servers can be located in the core. An additional IIS configuration is necessary to prevent

the development server to respond to requests bypassing the load balancer. All web sites should be located behind the netscaler. Direct access to sites on web servers are not

allowed. IIS web servers should be configured to only respond to requests from the load balancer by putting IIS

restrictions in place. Netscaler sites should be configured to pass back the NS-Client-IP setting to collect client IP settings for

sites. All public web sites should be configured for SecureSphere. Public certificates will be installed on the netscaler. Internal StateofMissouri certificates will be deployed

on web servers only. If a site or application requires encryption on the front end (load balancer) then each connection behind

it must also be encrypted. This includes connections from the Netscaler to Reverse Proxy, Netscaler to Web Server connections, or Reverse Proxy to Web Server connections.

Approved SoftwareIIS Web Servers should be configured to use only approved software. Non-approved software should never be installed on a shared hosting web server.

(Note this list is not complete)

For Static Content Servers Microsoft .NET Framework 4.6.1 TIDAL Agent Notepad++

For Web Application Servers Microsoft .NET Framework 4.6.1 DB2 Client Oracle Client SAP Crystal Reports Microsoft Report Viewer Microsoft Access Database Engine 2012 Microsoft SQL CLI types

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Microsoft Visual C++ Redistributable TIDAL Agent Notepad++

Web Services Servers Microsoft .NET Framework 4.6.1 DB2 Client Oracle Client TIDAL Agent CTG Transaction Gateway Notepad++

Additional Fonts Wingdings 2

Special Security Standards

FTI Data

Web applications that involve FTI data must be located on agency-dedicated web servers. FTI data cannot be shared across agencies.

Web applications that involve or use FTI data must be located sites that require encryption (https only). FTI data must be encrypted at rest. No FTI data should physically reside on the actual web server. This

data should either be stored (encrypted) in a DB, or on an external encrypted file system. An application that houses FTI data must use an encryption database connection. Access to FTI data must be logged for the server. Any web server connecting to FTI data needs to follow

the SDC's guidelines for an OS build, which includes additional monitoring and logging. These servers must use the OSS FTI schism.

Servers with FTI data should be housed in application DMZs. This is our normal standard for test and prod, but a development system that actually houses FTI data in any form should also be located in a vendor DMZ.

FTI standards require no co-location of data. Each FTI application should be on its own dedicated environment. This includes test and development systems if those systems house FTI data.

PII Data Web applications that use PII data must be located on sites that require https encryption. Web applications that use PII data must use encrypted database connection strings. Web applications that use PII data must encrypt sensitive data at rest. PII data should not physically

reside on the web server. This data should be stored either (encrypted) in a DB, or an external encrypted file system.

HIPPA Data Web applications that use HIPPA data must be located on sites that require https encryption. Web applications that use HIPPA data must use encrypted database connection strings. Web applications that use HIPPA data must encrypt sensitive data at rest. PII data should not physically

reside on the web server. This data should be stored either (encrypted) in a DB, or an external encrypted file system.

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ATTACHMENT 003

Project Assessment Quotation

PAQ INFORMATION

Contract No.: PAQ No:

PAQ Title: Total PAQ Amount:

State Agency: State Agency Address:

ITSD Project Manager: Phone: Email:

State Agency Project Manager: Phone: Email:

Contractor Point of Contact: Phone: Email:

Contractor Company Name: Phone: FAX:Contractor Address: List / Description of Attachments:

This Project Assessment Quotation (PAQ) is pursuant to [name of the contract, such as the IT Consulting Services – Qualified Provider List statewide contract].  The contractor agrees and understands that the terms and conditions specified in the [contract] apply to this PAQ, except where a term or condition in this PAQ is more restrictive than that in the [contract], in which case the PAQ term will govern. If under this contract you committed to use a MBE and/or WBE, please state if you intend to use a MBE and/or WBE for this PAQ. [Yes, No or N/A] If your response was “Yes,” please complete the information below for each MBE and/or WBE you propose for this PAQ (add lines as necessary):

MBE/WBE Name: Type: [MBE, WBE or Both]

Percentage or Dollar Amount of work that MBE/WBE will perform for this PAQ:

MBE/WBE Address: Specific work that MBE/WBE will perform, noting the PAQ provisions related to such work:

APPROVALS REQUIRED TO PROCEED DATE

Contractor:

CIO Office:

Other (If Needed):

PROJECT REQUIREMENTSPROJECT GOALS AND OBJECTIVES:(Section should include an Introduction/Overview, Background, Objectives, Requirements/Tasks, and Security Requirements)

PROJECT APPROACH AND SCOPE OF WORK:The Contractor’s PAQ Response should include a Project Overview, Resources, Approach/Methodology, Change Control Plan, Issue Tracking Plan, Assumptions and Quality Assurance Plan. The Contractor must provide a detailed description and firm, fixed price for each deliverable. The description must specify the tasks to be completed for each deliverable and the time frames

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in which the tasks will be completed. The Contractor should provide a work breakdown structure or project plan.

LIST OF DELIVERABLES: DELIVERABLE ACCEPTANCE CRITERIA:(Describe any acceptance criteria for deliverables)

AGENCY TASKS and/or ITSD RESPONSIBILITIES:(Section should include Government Furnished Property and Place of Performance)

Project Estimated Start Date: Project Estimated End Date:

PAYMENT MILESTONESMilestones must contain all deliverables referenced in the Deliverables Section and must be concrete, measurable, and be able to be tested and verified before the State will approve payment. Milestone prices must be firm and fixed, and without reference to time spent.

Payment Milestones (Comprised of Deliverables)

Mandatory Deadline (if applicable)

If deadline, give reason.Dollar Portion of the Total Price applicable to Stated Milestone

1. $

2. $

3. $

4. $

5. $

6. $

7. $

TOTAL: $

CONTRACTING STAFF PRICE CALCULATIONSThe chart below shows how the contractor calculated the price of providing the deliverables.  The chart references hours but does not mean that the contractor will be paid by the hour; the contractor will be paid the firm, fixed price of each deliverable that the contractor actually provides and that the State approves and accepts using the method set forth in the acceptance critera and accepted by the State.

Consultant Classification Title

On-Site Non-Local Per Hour Rates to Include Travel

Expenses

On-Site Non-Local Consultant

Total Project Hours

On-Site/Off-Site

Consultant Per Hour

Rates (No Travel

Expense Allowed)

On-Site/Off-Site

Consultant (No Travel

Expense Allowed)

Total Project Hours

Total

$ x Hours + $ x Hours = $ $ x Hours + $ x Hours = $ $ x Hours + $ x Hours = $

Total: $

******* FOR STATE ITSD USE ONLY*******This portion of the document forward sets out the funding formation for this project and is internally used. This

portion forward may change as time goes on, but sets no terms and conditions or requirements for the vendor.

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FUNDING INFORMATIONFunding Codes to be used with PAQ:Milestone # Fund Agency Org/Sub Appr. Unit Activity Function Obj,/Sub Project # Rept. Cat Amount/%

Milestone # Fund Agency Org/Sub Appr. Unit Activity Function Obj,/Sub Project # Rept. Cat Amount/%

Milestone # Fund Agency Org/Sub Appr. Unit Activity Function Obj,/Sub Project # Rept. Cat Amount/%

Milestone # Fund Agency Org/Sub Appr. Unit Activity Function Obj,/Sub Project # Rept. Cat Amount/%

Milestone # Fund Agency Org/Sub Appr. Unit Activity Function Obj,/Sub Project # Rept. Cat Amount/%

Milestone # Fund Agency Org/Sub Appr. Unit Activity Function Obj,/Sub Project # Rept. Cat Amount/%

Total AmountPO # Assigned to PAQ (Provided by BU at PO entry):

GASB CODING INFORMATIONMilestone(s) # Phase

Project CodeQ-Preliminary workX-Development workY-Post Implementation/Maintenance work9-Projects not related to an IT application

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ATTACHMENT 004

PROJECT DELIVERABLE ACCEPTANCE FORM

PROJECT INFORMATIONPROJECT NAME CONTRACTOR NAME

           PROJECT/PAQ NUMBER CONTRACT PROJECT MANAGER

           ITSD PROJECT MANAGER NAME DATE SUBMITTED

          4.2 DELIVERABLE INFORMATION4.3 Deliverable Name     

4.4 Deliverable Amount     

4.5 Deliverable Description     

4.6 Deliverable Acceptance Criteria     

4.7 Deliverable Notes:     

4.8 DELIVERABLE ACCEPTANCEACCEPTANCE NOTES:     

ATTACHMENTS:     

4.9 DELIVERABLE APPROVALSSignature: Date:

PROJECT SPONSOR APPROVAL:            

Signature: Date:

ITSD PROJECT MANAGER APPROVAL:            

Signature: Date:

OTHER APPROVAL:            

Signature: Date:

OTHER APPROVAL:            

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ATTACHMENT 005Process flow of the Canteen Scan Wedge Utility:

This windows application monitors the serial port for an incoming barcode, and dispatches it to the canteen system as appropriate.

The register is signed off after every order, and so the first check is if the badge belongs to a client who’s a cashier or an employee who’s a cashier. If so it looks for the register logon screen and enters that barcode twice, once for user id and once for password. (The cashier’s id and password are the same, both set to the client number.)

If a cashier is signed in, and the swipe is a client barcode then it checks to make sure the signed in cashier isn’t the badge that was scanned (to avoid double scanning your badge to login).

If it’s a client id, it then makes sure it’s valid and then pulls the photo from the Photo ID. It then displays the photo along with an Accept / Reject button for the cashier to confirm the client. If accepted, it then updates the Canteen database as follows:

There is a CustomData table with pairs of VariableNumber and Data columns.  VariableNumber 1 is used with a Data value of the badge number. The register (via status.htm) polls that value and adds the customer to the order.

Finally, if it doesn’t match the above the code then gets sent to the register. Typically these are UPC codes.

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ATTACHMENT 006Canteen web interface application description

It is a website that interfaces with the Canteen databases, which are vendor-supplied and part of a point of sale (POS) purchased system implemented at 3 CPS facilities (FSH, SLPRC and NWPRC). The website currently allows viewing/editing of Consumer Canteen restrictions, and viewing Consumer account balance, purchase and deposit history. The website is secured via FAS (another internally developed application using role-based security). The databases behind the application have a Meta Data table which holds the Facility Code, Database Server and Database Name of the actual Canteen databases and performs a SQL table lookup to display or edit the information.