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STATE OF MINNESOTA

1. BER Fully Available Item Description Y N 2 3 1 Allow role based user permissions to login to the database 2 3 2 Ability for administrator to design workflows question packages and concerns 2 3 3 Ability to provide audit log of user and system actions 2 3 4 Ability to have multiple MDH users logged into the database simultaneously 2 3 5 Accurate matching of cases with multiple test results 2 3 6 Ability to de duplicate 2 3 7_ Extensive search capability 2 3 8 Ability to query using SQL structured query language 2 3 9 Ability for data destruction based on user defined data retention protocols 2 3 10 Ability for data ad hoc data destruction 2 3 11 Catastrophic disaster recovery with a Recovery Time Objective RTO of 24 hours and a Recovery Point Objective RPO of 0 Vendor shall provide a description of the vendor s backup process and the length of time backup copies are retained Section 3 comment box 4 Reporting Fully Item Description Available Y N 2 4 1 Allow the specific solution users to design custom reports 2 4 2 Generate user defined electronic reports either individually or by batch Section 4 comment box 5 Warranty and software maintenance Item Description Fully Available 2 5 1 A maintenance period for the length of the contract with The State commencing on date of final acceptance by the state Technical support du
2. YUN Materials Management Division 112 Administration Building Innesota St Paul MN 55155 DEPARTMENT OF ADMINISTRATION Voice 651 296 2600 Fax 651 297 3996 STATE OF MINNESOTA REQUEST FOR PROPOSAL RFP TITLE NEWBORN SCREENING COMPUTER SOFTWARE DUE DATE DECEMBER 24 2013 TIME 3 00 P M CENTRAL TIME x YUN Materials Management Division 112 Administration Building Innesota St Paul MN 55155 DEPARTMENT OF ADMINISTRATION Voice 651 296 2600 Fax 651 297 3996 REQUEST FOR PROPOSAL RFP TITLE Newborn Screening Computer Software MDH Only DUE DATE December 24 2013 at 3 00 PM CT TIME 3 00 P M CENTRAL TIME USA PLACE Department of Administration Materials Management Division 50 Sherburne Avenue 112 Administration Building St Paul MN 55155 CONTACT Luke Jannett Acquisition Management Specialist Luke Jannett state mn us PHONE 651 201 2446ph FAX 651 297 3996 CONTRACT PERIOD The Contract term will begin on the date of contract execution to 24 months after the date of contract execution with the option to extend for a 60 months upon agreement by both parties OR the Contract term will begin on the date of contract execution to 24 months after the date of contract execution with the option to extend up to 60 months upon agreement by both parties OR the Contract term will begin on the date of contract execution to 24 months after the date of contract execution with the option to extend 24 months
3. ___ Trade Secret Information NOTE Trade secret information must be redacted from proposal and submitted in separate sealed envelope clearly marked with the Trade Secret Form Pricing is not considered Trade Secret _ Affidavit of Non Collusion ___ Service amp Delivery ___ Savings and Usage Reports _ Taxpayer Identification ____ Resident Vendor Form if applicable ___ Veterans Owned Preference Form Documentation if applicable ____ Location of Service Disclosure Forms ___Certification Regarding Lobbying Form ___VPAT WCAG Accessibility Forms for the proposed website and any all products supporting the contract _ Data Security Requirements Form O OO OO OOOO UO o 0 L Insurance Does not need to be provided with proposal but evidence must be provided prior to award Review and confirm company can meet the requirements RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 45 RFP50 Appendix 1 Appendix 2 Appendix 3 Appendix 4 APPENDICES Scope of MDH Operations Table of Mandatory Direct Results Reporting Solution Requirements Table of Desirable Direct Results Reporting Solution Functionalities Accessibility Appendix 4 Exhibt A VPATS FORMS for COMPLETION N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 46 Appendix 1 Scope of MDH Operations The Minnesota Department of Health MDH has approximately 300 employees which includes many MD s PhD s nurses other health care profe
4. Newborn Screening MDH Only Page 63 1 4 4 Resize text Except for captions and images of text text can be resized without assistive technology up to 200 percent without loss of content or functionality Level AA 1 4 5 Images of Text If the technologies being used can achieve the visual presentation text is used to convey information rather than images of text except for the following Level AA e Customizable The image of text can be visually customized to the user s requirements e Essential A particular presentation of text is essential to the information being conveyed 1 4 6 Contrast Enhanced The visual presentation of text and images of text has a contrast ratio of at least 7 1 except for the following Level AAA e Large Text Large scale text and images of large scale text have a contrast ratio of at least 4 5 1 e Incidental Text or images of text that are part of an inactive user interface component that are pure decoration that are not visible to anyone or that are part of a picture that contains significant other visual content have no contrast requirement e Logotypes Text that is part of a logo or brand name has no minimum contrast requirement 1 4 7 Low or No Background Audio For prerecorded audio only content that 1 contains primarily speech in the foreground 2 is not an audio CAPTCHA or audio logo and 3 is not vocalization intended to be primarily musical expression s
5. according to their specifications elements do not contain duplicate attributes and any IDs are unique except where the specifications allow these features Level A Name Role Value For all user interface components including but not limited to form elements links and components generated by scripts the name and role can be programmatically determined states properties and values that can be set by the user can be programmatically set and notification of changes to these items is available to user agents including assistive technologies Level A RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 68 Appendix 5 Data Security Requirements Form Meets amp will Question Requirement Comply with Describe Requirement An individual has been designated as being YES i responsible for security within the NO E organization N A L An information security policy based on industry acceptable standards and frameworks YES O 2 is in place has been approved by management NO E and has been communicated to employees contractors and individuals working on behalf N A L of the organization Security roles and responsibilities of eee ves _ employees contractors and individuals 3 working on behalf of the organization are NO O defined and documented in accordance with Re N A L the organization s information security policy Background scr
6. services Technical Support Technical support includes troubleshooting system maintenance and software upgrades Technical support may be done by phone online webinar e mail instant messaging or on site Distance Training Distance training includes but is not limited to videoconferencing or webinars On site Training On site training is in person training by The Contract Vendor at the hosted service facility MDH Contract Vendor Respondent that has been awarded this contract as a result of this RFP Software Maintenance The Contract Vendor is responsible for maintaining the software database and hosted environment the availability of replacement copies of the installation materials for the application the continuing maintenance of the application and making necessary updates upgrades repairs and modifications in order to comply with federal and state specifications RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 33 SPECIAL TERMS CONDITIONS AND SPECIFICATIONS PREFACE STATEMENT THE INFORMATION CONTAINED BELOW DESCRIBES THE SPECIAL TERMS CONDITIONS AND SPECIFICATIONS APPLICABLE TO THE RFP AND SUBSEQUENT CONTRACT AND IS IN ADDITION TO THE GENERAL TERMS AND CONDITIONS 1 ESTIMATED AMOUNT amp CONTRACT PERIOD The estimated total dollar value of the Contract for one year is 300 000 to 450 000 However this shall not be construed as either the minimum or maximum amount It shall also be understoo
7. signed by one of the general partners If the responder is a proprietor and the person signing the response is other than the owner a letter of authorization signed by the owner shall be furnished c The AFFIRMATIVE ACTION CERTIFICATION must be completed and returned with the response All responders must be in compliance with Minn Stat 363A 36 subd 1 as amended pertaining to affirmative action certificates of compliance d The TRADE SECRET INFORMATION FORM must be filled out and returned with your response e The AFFIDAVIT OF NONCOLLUSION must be completed and returned with the response f The SERVICE and DELIVERY form must be completed and returned with the response g Applicable sections of the CONTRACT SAVINGS AND USAGE REPORTS should be completed and returned with the response h The ENVIRONMENTAL REPORTS should be completed and returned with the response i When included the EXTENSION TO COOPERATIVE PURCHASING VENTURE CPV MEMBERS form should be completed and returned with the response RFP51 11 26 13 N 19 Newborn Screening Computer Software MDH Only Page 3 10 j The TAXPAYER IDENTIFICATION form should be completed and returned with the response k When included the LOCATION OF SERVICE DISCLOSURE AND CERTIFICATION form must be completed and returned with the response COMPLETION OF RESPONSES A response may be rejected if it is conditional or incomplete Responses that contain conflicting false or m
8. timetable or increased or decreased scope of work An approved Contract anendment means one approved by the authorized signatories of the Contract Vendor and the State as required by law RFP51 11 26 13 N 19 Newborn Screening Computer Software MDH Only Page 9 38 COPYRIGHTED MATERIAL WAIVER The State reserves the right to use reproduce and publish proposals in any manner necessary for State agencies and local units of government to access the responses including but not limited to photocopying State Intranet Internet postings broadcast faxing and direct mailing In the event that the response contains copyrighted or trademarked materials it is the responder s responsibility to obtain permission for the State to reproduce and publish the information regardless of whether the responder is the manufacturer or reseller of the products listed in the materials By signing its response the responder certifies that it has obtained all necessary approvals for the reproduction and or distribution of the contents of its response and agrees to indemnify protect save and hold the State its representatives and employees harmless from any and all claims arising from the violation of this section and agrees to pay all legal fees incurred by the State in the defense of any such action 39 CERTIFICATION REGARDING DEBARMENT SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION a Certification regarding Debarment Suspension Ineligibility and Voluntary
9. with additional option to extend up to 36 months upon agreement by both parties The response to this Request for Proposal RFP must be returned sealed Sealed responses must be received in the office of the Director of the Materials Management Division and time stamped no later than the date and time specified above at which time the names of the vendors responding to this RFP will be read Late responses cannot be considered The laws of Minn Stat Ch 16C apply to this Request for Proposal In accordance with this Request for Proposal and subject to all conditions thereof the undersigned agrees that its response to this RFP or any part thereof is an irrevocable offer for 180 days following the submission deadline date unless stated otherwise in the RFP It is understood and agreed that the response or any part thereof when accepted by the appropriate department and State officials in writing may become part of a legal and binding Contract between the undersigned vendor and the State of Minnesota Delivery Offered days After Receipt of Order if different than called for in the Special Terms and Conditions Prompt Payment Terms if available _ _ 30 __ 15 Net 30 _ __ 10 Net 30 _ Other specify Name of Vendor Vendor E Mail Address Phone Fax Date Authorized Signature Typed name of signer Title Signer must be authorized to contractually obligate the vendor RFP51 11 26 13 N 19 Newborn Screening Computer S
10. The award of this solicitation will be based upon the total accumulated points as established in the RFP for separate items by grouping items or by total lot and where at its sole discretion the State believes it will receive the best value The State reserves the right to award this solicitation to a single responder or to multiple responders whichever is in the best interest of the State The State may award based on any term as detailed in the multiple price schedules therefor responders are encouraged to respond to all options The State reserves the right to accept all or part of an offer to reject all offers to cancel the solicitation or to re issue the solicitation whichever is in the best interest of the State The evaluation team will make a recommendation s on the award of this RFP The commissioner of Administration or designee may accept or reject the recommendation of the evaluation team The final award decision will be made by the commissioner of Administration or designee ADMINISTRATIVE PERSONNEL CHANGES The Contract Vendor must notify the AMS of changes in the Contract Vendor s key administrative personnel in advance and in writing Any employee of Contract Vendor who in the opinion of the State of Minnesota is unacceptable shall be removed from the project upon written notice to the Contract Vendor In the event that an employee is removed pursuant to a written request from the Acquisition Management Specialist the Cont
11. an AM BEST rating of A minus Financial Size Category FSC VII or better and authorized to do business in the State of Minnesota and N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 29 e An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor s policy limits to satisfy the full policy limits required by the Contract D The State reserves the right to immediately terminate the contract if the contractor is not in compliance with the insurance requirements and retains all rights to pursue any legal remedies against the contractor All insurance policies must be open to inspection by the State and copies of policies must be submitted to the State s authorized representative upon written request E The successful responder is required to submit Certificates of Insurance acceptable to the State of MN as evidence of insurance coverage requirements prior to commencing work under the contract RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 30 EVALUATION PROCESS Except at the invitation of the AMS no activity or comments from responders regarding this RFP shall be discussed with any of the evaluation team during the solicitation and the evaluation of the responses A responder who contacts an evaluation team member may as a result have its response rejected See Paragraph 26 in the General Terms and Conditions of the Solicitation PHASES The State shall conduct an ev
12. have its response rejected Any communication regarding this Solicitation its content or process must be directed to the Acquisition Management Specialist listed in the Solicitation documents CONFLICT OF TERMS In the event of any conflict between the General Terms Conditions and Instructions and any Special Terms and Conditions of the RFP the Special Terms and Conditions shall govern DISPUTE RESOLUTION PROCEDURES Any issue a responder has with the RFP document which includes but is not limited to the terms conditions and specifications must be submitted in writing to the AMS prior to the bid opening due date and time Any issue a responder has with the Contract award must be submitted in writing to the AMS within five working days from the time the intent to award or the Contract award date is made public This public notice may be made by any of the following methods notification by letter or email posted on the on the Materials Management website www mmd admin state mn us or electronic notification by our electronic procurement system SWIFT The State will respond to any protest received that follows the above procedure For those protests that meet the above submission requirements the appeal process is in sequence The responsible AMS the MMD Assistant Director and the MMD Director RFP51 11 26 13 N 19 Newborn Screening Computer Software MDH Only Page 7 29 30 31 32 33 34 FORCE MAJEURE Neither part
13. in matters of interpretation on all terms and conditions Any response which fails to comply with this requirement may be disqualified as nonresponsive Response to Requirements in order presented in the RFP clearly marked and tabbed Provide a statement of compliance with ALL of the SECTION Il REQUIRED CAPABILITIES AND DELIVERABLES Complete Appendix 2 Table of Mandatory Direct Results Reporting Solution Requirements NOTE Requirements need to be checked yes Vendors should express concerns to the AMS regarding requirements by the Question Due Date and Time If ALL vendors are unable to meet the requirement the State reserves the right to waive the requirement Provide a response to Section IIl Desired Capabilities and Experience Section B1 General Administrative and Infrastructure Profile Provide a response to Appendix 3 Table of Desirable Direct Results Reporting Solution Functionalities Complete the status column for each specification listed in Appendix 3 using the scale provided in the RFP Provide all applicable software license agreements service level agreement maintenance agreements or any other related documents pertinent to the response Provide a copy of the escrow agreement as requested in the RFP JOINT VENTURES response refer to the Special Terms and Conditions SUBCONTRACTING response refer to the Special Terms and Conditions Forms included in RFP _ Signature Page _ Affirmative Action Certification
14. in relation to a subsequent Contract Information labeled confidential proprietary or labeled with similar tags with regard to limiting the State s disclosure will NOT be eligible for trade secret designation unless the form provided in the solicitation is properly completed and submitted as a cover page to the information and it meets the statutory definition of a trade secret By submitting a response you agree that the information submitted that does not follow the trade secret process defined herein and does not meet the statutory definition of trade secret may be released by the State without prior notification to the responder and or the Contract Vendor RFP51 11 26 13 N 19 Newborn Screening Computer Software MDH Only Page 18 STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION MATERIALS MANAGEMENT DIVISION AFFIDAVIT OF NONCOLLUSION hereby swear or affirm under the penalty of perjury 1 That am the responder if the responder is an individual a partner in the company if the responder is a partnership or an officer or employee of the responding corporation having authority to sign on its behalf if the responder is a corporation 2 That the attached response has been arrived at by the responder independently and has been submitted without collusion with and without any agreement understanding or planned common course of action with any other vendor designed to limit fair or open competition 3 That the con
15. other similar rules regulations and laws including future amendments thereto PRODUCT DEMONSTRATIONS The State may ask responder s to provide one or more demonstrations of their product at a site to be determined by the State during Phase III of the evaluation process The number of presentations and number of vendor s invited is related to the evaluation process and is at the sole discretion of the State who will request presentation s Members of MDH s staff selection committee may view the demonstrations These demonstrations may consist of multiple rounds The demonstrations are to provide participants with a general understanding of the product s capabilities and functionality and may be required to provide a detailed understanding of the software s capability following specific scenarios of particular interest to MDH The demonstration may be utilized as means to provided evidence of capabilities detailed in the RFP response The State may provide all invited respondents with demonstration scripts as well as sample data to be used in conducting the demonstrations All costs incurred by the respondents in preparing for and conducting the demonstrations will be the respondent s responsibility The State reserves the right to revise evaluation scores on the basis of the demonstration provided 20 ADDITIONAL ITEMS The State reserves the right to add additional related products services and technology to the Contract as deemed in the Stat
16. policies that are specific to the State of Minnesota as confidential information and as not public data under the Minnesota Statutes section 13 37 d Data Management Contract Vendor will not use State of Minnesota data including production data for its testing or development purposes Contract Vendor has implemented and will maintain procedures to physically and logically segregate State of Minnesota data unless otherwise explicitly authorized by the State Chief Information Security Officer or delegate e Data Encryption Contract Vendor shall encrypt using no less than the greater of 128 bit key or as required by applicable law regulation or rule all State of Minnesota data at rest and in transit if such data is part of or associated with Contract Vendor s cloud computing or hosting services Contract Vendor shall only provide encryption keys to the State of Minnesota unless State of Minnesota otherwise consents in writing f Data Storage Contract Vendor agrees that any and all State of Minnesota data will be stored processed and maintained solely on designated servers and that no such data at any time will be processed on or transferred to any portable computing device or any portable storage medium unless that storage medium is in use as part of the Contract Vendor s designated backup and recovery processes g Data Center and Monitoring Support Locations During the term of the Contract Agreement Contract Vendor agrees to 1 lo
17. the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings RFP51 11 26 13 N 19 Newborn Screening Computer Software MDH Only Page 10 40 41 42 43 44 9 Except for transactions authorized under paragraph 5 of these instructions if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9 subpart 9 4 suspended debarred ineligible or voluntarily excluded from participation in this transaction in addition to other remedies available to the Federal government the department or agency with which this transaction originated may pursue available remedies including suspension and or debarment b Certification Regarding Debarment Suspension Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions 1 The prospective lower tier participant certifies by submission of this proposal that neither it nor its principals is presently debarred suspended proposed for debarment declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency 2 Where the prospective lower tier participant is unable
18. this information and if required to apply for Human Rights certification prior to the due date of the bid or proposal and to obtain Human Rights certification prior to the execution of the contract The State of Minnesota is under no obligation to delay proceeding with a contract until a company receives Human Rights certification BOX A For companies which have employed more than 40 full time employees within Minnesota on any single working day during the previous 12 months All other companies proceed to BOX B Your response will be rejected unless your business has a current Certificate of Compliance issued by the Minnesota Department of Human Rights MDHR or has submitted an affirmative action plan to the MDHR which the Department received prior to the date the responses are due Check one of the following statements if you have employed more than 40 full time employees in Minnesota on any single working day during the previous 12 months 0 We have a current Certificate of Compliance issued by the MDHR Proceed to BOX C Include a copy of your certificate with your response U We do not have a current Certificate of Compliance However we submitted an Affirmative Action Plan to the MDHR for approval which the Department received on date Proceed to BOX C 0 We do not have a Certificate of Compliance nor has the MDHR received an Affirmative Action Plan from our company We acknowledge that our response will be rejected Proceed
19. to BOX C Contact the Minnesota Department of Human Rights for assistance See below for contact information Please note Certificates of Compliance must be issued by the Minnesota Department of Human Rights Affirmative Action Plans approved by the Federal government a county or a municipality must still be received reviewed and approved by the Minnesota Department of Human Rights before a certificate can be issued BOX B For those companies not described in BOX A Check below U We have not employed more than 40 full time employees on any single working day in Minnesota within the previous 12 months Proceed to BOX C BOX C For all companies By signing this statement you certify that the information provided is accurate and that you are authorized to sign on behalf of the responder You also certify that you are in compliance with federal affirmative action requirements that may apply to your company These requirements are generally triggered only by participating as a prime or subcontractor on federal projects or contracts Contractors are alerted to these requirements by the federal government Name of Company Date Authorized Signature Telephone number Printed Name Title For assistance with this form contact Minnesota Department of Human Rights Compliance Services Web _ http mn gov mdhr TC Metro 651 539 1095 Toll Free 800 657 3704 Email compliance mdhr state mn us TTY 651 296 1283 Affirmative Ac
20. to certify to any of the statements in this certification such prospective participant shall attach an explanation to this proposal ENTIRE AGREEMENT A written Contract including the contents of this RFP and the Contract Vendor s response incorporated therein by reference and any written addenda thereto constitute the entire agreement of the parties to the Contract SEVERABILITY If any provision of the Contract including items incorporated by reference is found to be illegal unenforceable or void then both the State and the Contract Vendor shall be relieved of all obligations arising under such provisions If the remainder of the Contract is capable of performance it shall not be affected by such declaration or finding and shall be fully performed ACCEPTANCE OF PROPOSAL CONTENT The contents of this RFP and the response of the successful vendor will become contractual obligations along with the final Contract if acquisition action ensues The State is solely responsible for rendering the decision in matters of interpretation of all terms and conditions ASSIGNMENT The Contract Vendor shall not sell transfer assign or otherwise dispose of the Contract or any portion hereof or of any right title or interest herein without the prior written consent of the State s authorized agent Such consent shall not be unreasonably withheld The Contract Vendor shall give written notice to the State s authorized agent of such a possibility at
21. until the completion of the evaluation process as defined by Minn Stat 13 591 The completion of the evaluation process is defined as the State having completed negotiating the Contract with the selected vendor If no award is made the responses are not made public The State will notify all responders in writing of the evaluation results Phase Il Evaluate Responses Only those responses found to be responsive under Phase will be considered in Phase Il The State may request clarification from one or more responders The responses must be made in writing as the State will only use what is in writing for evaluation purposes The response to the request for clarification may be considered along with the original response for the evaluation However the State reserves the right to make an award without further clarification of the responses received Therefore it is important that each response be submitted in the most complete manner possible 1 Acceptance Terms amp Conditions 50 points 2 Required Capabilities amp Deliverables PASS FAIL 3 Extent of Services in US 50 Points 4 Accessibility 50 Points 5 Other Components of the General Administrative and Infrastructure Profile 100 points 6 Desirable Capabilities 350 points 7 Cost Component 400 points Total 1 000 points As indicated above points will be awarded based on the level of acceptance of the State s terms and conditions as specified in this RFP Acceptance of all ter
22. violate any patent copyright trade secret or any other proprietary right of any third party In the event of any such claim by any third party against the State the State shall promptly notify the Contract Vendor The Contract Vendor at its own expense shall indemnify defend to the extent permitted by the Minnesota Attorney General s Office and hold harmless the State against any loss cost expense or liability including legal fees arising out of such a claim whether or not such claim is successful against the State RFP51 11 26 13 N 19 Newborn Screening Computer Software MDH Only Page 14 59 60 61 62 63 If such a claim has occurred or in the Contract Vendor s opinion is likely to occur the Contract Vendor shall either procure for the State the right to continue using the materials or products or replacement or modified materials or products If an option satisfactory to the State is not reasonably available the State shall return the materials or products to the Contract Vendor upon written request of the Contract Vendor and at the Contract Vendor s expense This remedy is in addition to any other remedy provided by law PRODUCTS CONTAINING CERTAIN TYPES OF POLYBROMINATED DIPHENYL ETHER BANNED By signing and submitting a response to this solicitation Contractor Responder certifies that they have read and will comply with Minn Stat 325E 385 325E 388 VETERAN OWNED PREFERENCE In accordance with Minn
23. www mmd admin state mn us process admin spreadsheets NewbornScreeningSoftwarePriceScheduleA C xls If you need assistance please contact our HelpLine at 651 296 2600 RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 44 RFP SUBMITTAL CHECKLIST The following submittals shall be included in each response This list may not be comprehensive read the RFP thoroughly for information required in this solicitation C One original and three copies of the NARRATIVE proposal One electronic searchable pdf and one editable word excel document on flash drive or CD DO NOT INCLUDE PRICING PROPOSAL WITH THE NARRATIVE One original and three copies of each PRICING proposal SEALED including the cost evaluation forms Section E Also include one electronic flash drive or CD as searchable pdf and word document all sealed in a separate envelope from NARRATIVE proposal Signed Addendums if applicable ACCEPTANCE OF TERMS The contents of the RFP and the response of the successful responder will become contractual obligations along with the final Contract if acquisition action ensues A statement of acceptance of the proposed Contract Terms and Conditions unless taken exception to as specified in the RFP must be included in the response Any suggestions for alternate language shall be presented The State is under no obligation to accept wording changes submitted by the responder The State is solely responsible for rendering decisions
24. 20 this contract is subject to the prevailing wages established by the Minnesota Department of Labor and Industry Specifically all contractors and subcontractors must pay all laborers and mechanics the established prevailing wages for work performed under the contract Failure to comply with the aforementioned prevailing wage requirements may result in civil or criminal penalties For questions regarding the prevailing wage laws contact the Department of Labor and Industry at 651 284 5091 PRODUCTS CONTAINING TRICLOSAN BANNED By signing and submitting a response to this solicitation Contractor Responder certifies that their products offered and sold under a state contract do not contain triclosan pursuant to the State Sustainability Plan that is required by Executive Order 11 13 to reduce pollution and toxics RFP51 11 26 13 N 19 Newborn Screening Computer Software MDH Only Page 15 64 IT ACCESSIBILITY STANDARDS To the extent applicable The State of Minnesota Executive branch state agencies has developed IT Accessibility Standards effective September 1 2010 which entails in part the Web Content Accessibility Guidelines WCAG 2 0 Level AA and Section 508 Subparts A D which can be viewed at http www mmd admin state mn us pdf accessibility standard pdf 65 NONVISUAL ACCESS STANDARDS To extent required by law Pursuant to Minn Stat 16C 145 the Contract Vendor shall comply with the following nonvisual technology access standar
25. 3 2 Labels or Instructions Labels or instructions are provided when content requires user input Level A 3 3 3 Error Suggestion If an input error is automatically detected and suggestions for correction are known then the suggestions are provided to the user unless it would jeopardize the security or purpose of the content Level AA 3 3 4 Error Prevention Legal Financial Data For Web pages that cause legal commitments or financial transactions for the user to occur that modify or delete user controllable data in data storage systems or that submit user test responses at least one of the following is true Level AA e Reversible Submissions are reversible e Checked Data entered by the user is checked for input errors and the user is provided an opportunity to correct them e Confirmed A mechanism is available for reviewing confirming and correcting information before finalizing the submission Principle 4 Robust Content must be robust enough that it can be interpreted reliably by a wide variety of user agents including assistive technologies Standard Description Apply Yes No Meets Yes No Comments Guideline 4 1 Compatible Maximize compatibility with current and future user agents including assistive technologies 4 1 1 Parsing In content implemented using markup languages elements have complete start and end tags elements are nested
26. Contract shall be accepted by the Contract Vendor without the approval of the Acquisition Management Specialist AMS The Contract Vendor shall report any such requests to the AMS who will issue approval or denial in writing CONTACT PERSON FOR ORDERS NAME TELEPHONE NUMBER TOLL FREE NUMBER TITLE FAX NUMBER E MAIL CONTACT PERSON TO EXPEDITE ORDERS if different from above NAME TELEPHONE NUMBER TOLL FREE NUMBER ORDER ADDRESS STREET PO BOX CITY STATE TELEPHONE NUMBER TOLL FREE NUMBER REMIT TO ADDRESS STREET PO BOX CITY STATE TELEPHONE NUMBER TOLL FREE NUMBER RFP50 TITLE FAX NUMBER E MAIL ZIPCODE FAX NUMBER E MAIL ZIPCODE FAX NUMBER E MAIL N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 20 STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION MATERIALS MANAGEMENT DIVISION CONTRACT SAVINGS AND USAGE REPORTS SAVINGS REPORT Responders are required to calculate the percentage savings the State will realize as a result of the Contract and include the amount of the percentage savings in the response Contract Prices Average Less than the price quoted to the general public for reporting purposes only USAGE REPORT FREQUENCY after Contract award Unless specified otherwise in the Special Terms and Conditions the report on Contract usage must consist of the total dollars expended broken down by e State agencies e CPV m
27. DOR STATUS SIGN AND RETURN THIS FORM WITH YOUR BID OR PROPOSAL SUBMISSION RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 24 STATE OF MINNESOTA VETERAN OWNED PREFERENCE FORM In accordance with Minn Stat 16C 16 subd 6a a Except when mandated by the federal government as a condition of receiving federal funds the commissioner shall award up to a six percent preference in the amount bid on state procurement to certified small businesses that are majority owned and operated by 1 recently separated veterans who have served in active military service at any time on or after September 11 2001 and who have been discharged under honorable conditions from active service as indicated by the person s United States Department of Defense form DD 214 or by the commissioner of veterans affairs 2 veterans with service connected disabilities as determined at any time by the United States Department of Veterans Affairs or 3 any other veteran owned small businesses certified under section 16C 19 paragraph d In accordance with Minn Stat 16C 19 d a veteran owned small business the principal place of business of which is in Minnesota is certified if it has been verified by the United States Department of Veterans Affairs as being either a veteran owned small business or a service disabled veteran owned small business in accordance with Public Law 109 461 and Code of Federal Regulations title 38 part 74 To r
28. Exclusion Lower Tier Covered Transactions Instructions for certification 1 By signing and submitting this proposal the prospective lower tier participant responder is providing the certification set out below The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification in addition to other remedies available to the federal government the department or agency with which this transaction originated may pursue available remedies including suspension and or debarment The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal response is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances The terms covered transaction debarred suspended ineligible lower tier covered transaction participant person primary covered transaction principal proposal and voluntarily excluded as used in this clause have the meaning set out in the Definitions and Coverages section of rules implementing Executive Order 12549 You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations The prospective lower tier par
29. FP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 56 n When electronic forms are designed to be completed on line the form shall allow people using Assistive Technology to access the information field elements and functionality required for completion and submission of the form including all directions and cues 0 A method shall be provided that permits users to skip repetitive navigation links p When a timed response is required the user shall be alert given sufficient time to indicate more time is required Telecommunications products Standard Description Apply Meets Comments Yes No Yes No Section 508 1194 23 Telecommunications products a Telecommunications products or systems which provide a function allowing voice communication and which do not themselves provide a TTY functionality shall provide a standard non acoustic connection point for TTYs Microphones shall be capable of being turned on and off to allow the user to intermix speech with TTY use b Telecommunications products which include voice communication functionality shall support all commonly used cross manufacturer non proprietary standard TTY signal protocols c Voice mail auto attendant and interactive voice response telecommunications systems shall be usable by TTY users with their TTYs d Voice mail messaging auto attendant and interactive voice response telec
30. MPUTER SOFTWARE Newborn Screening MDH Only Page 69 Meets amp will Question Requirement Comply with Describe Requirement Will State of Minnesota data be stored or ves in processed in a dedicated environment NO E N A L Are Information systems configured to industry YES 11 security best practices e g CIS NIST etc not N A L Has the system solution service been ves developed according to secure software 12 development best practices OWASP etc NoL N A L System solution service has capability to ves 13 integrate with the State of Minnesota s NO E Security Incident Event Management SIEM system N A L Proposed system solution service s storage yes 14 processes backup storage processes and i security procedures being implemented ensure NO L that there is no loss of data or unauthorized N A L access to the data Systems and applications are patched to YES _ 15 ensure critical security and operational patches and fixes are in place to ensure the noL confidentiality integrity and availability of the N A O information system Vulnerability tests internal external are ves 16 performed on all applications and platforms NO N AL The system solution service will comply with ves the State of Minnesota Security Policy and Standards noL N A L The system solution service will comply with the National Institute of Standards and ye
31. Stat 16C 16 subd 6a a Except when mandated by the federal government as a condition of receiving federal funds the commissioner shall award up to a six percent preference in the amount bid on state procurement to certified small businesses that are majority owned and operated by 1 recently separated veterans who have served in active military service at any time on or after September 11 2001 and who have been discharged under honorable conditions from active service as indicated by the person s United States Department of Defense form DD 214 or by the commissioner of veterans affairs 2 veterans with service connected disabilities as determined at any time by the United States Department of Veterans Affairs or 3 any other veteran owned small businesses certified under section 16C 19 paragraph d In accordance with Minn Stat 16C 19 d a veteran owned small business the principal place of business of which is in Minnesota is certified if it has been verified by the United States Department of Veterans Affairs as being either a veteran owned small business or a service disabled veteran owned small business in accordance with Public Law 109 461 and Code of Federal Regulations title 38 part 74 To receive a preference the veteran owned small business must meet the statutory requirements above by the solicitation opening date and time The preference is applied only to the first 500 000 of the response When responding
32. a Direct Results Reporting solution are listed in Appendix 3 Table of Desirable Direct Results Reporting Solution Functionalities Complete the status column for each specification listed in Appendix 3 using the scale below N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 43 SECTION IV PRICE SCHEDULE 1 Prices listed in your response to this solicitation must take into consideration all inherent costs of providing the requested goods and or services The responder agrees to pay any and all fees including but not limited to duties custom fees permits brokerage fees licenses and registrations The State will not pay any additional charges beyond the price s listed in the response unless otherwise provided for by law or expressly allowed by the terms of the solicitation 2 ELECTRONIC FILE TO DOWNLOAD COMPLETE AND RETURN Responders must download Pricing Schedules A C Excel document This document contains solicitation items and quantities for entering price information To download the document you must type or copy and paste the URL address listed below into your browser address line When the document file opens use the Save As feature to save the document to your computer hard drive or other media If you use the URL address listed below as a link you will be unable to save the document to your hard drive or other media Please type or copy and paste the following URL address into your browser http
33. ach item listed herein Proposals must be organized with headings and subheadings that correspond to these items Responses should be succinct but comprehensive B1 RFP50 General Administrative and Infrastructure Profile 100 POINTS a Overview Include a brief overview of the general background and services provided by your firm Provide an executive summary of your proposed system solution and its key features Include a statement of qualifications that include the detailing the respondents credentials and experience in providing systems enumerated in the RFP State the location of the office that will support the contractual obligations and the range of activities that will be performed at that office Identify each principal of the firm and other key personnel who will be professionally associated with MDH Describe methods to ensure prompt service customer satisfaction prompt complaint resolution problem escalation procedures effective employee performance and training and timely initiation and completion of all work If applicable include standard license agreement terms for State review Describe pertinent training and certifications held by individuals within your development staff Include any training and or certifications from Project Management Institute PMI SANS Software Security Institute Information Systems Audit and Control Association ISACA or other applicable entities Experience The responder must have provid
34. agraph d State the type of documentation attached Name of Company Date Authorized Signature Telephone Printed Name Title IF YOU ARE CLAIMING THE VETERAN OWNED PREFERENCE ATTACH DOCUMENTATION SIGN AND RETURN THIS FORM WITH YOUR RESPONSE TO THE SOLICITATION RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 25 STATE OF MINNESOTA LOCATION OF SERVICE DISCLOSURE AND CERTIFICATION LOCATION OF SERVICE DISCLOSURE The services to be performed under the anticipated Contract as specified in our proposal will be performed ENTIRELY within the State of Minnesota The services to be performed under the anticipated Contract as specified in our proposal will entail work that is ENTIRELY performed within another state or states within the United States The services to be performed under the anticipated Contract as specified in our proposal will be performed in part within Minnesota and in part within another state or states within the United States The services to be performed under the anticipated Contract as specified in our proposal DO involve work outside the United States Below or attached is a description of 1 the identity of the company and its location identify if subContract Vendor performing services outside the United States the location where services under the Contract will be performed and the percentage of work in doll
35. aluation of responses to this RFP The evaluations will be conducted in four phases Phase I Review and select responsive compliant responses Phase Il Evaluate responses Phase Ill Select finalist s Phase IV Sign Contract s Non selection of any response will mean that either another response was determined to be more advantageous to the State or that the State exercised its right to reject all responses At its discretion the State may perform an appropriate cost and pricing analysis of a vendor s response including an audit of the reasonableness of any response During the evaluation process all information concerning the responses submitted will remain private and will not be disclosed to anyone whose official duties do not require such knowledge At any time during the evaluation the State may request that a responder provide explicit written clarification to any part of its response Phase Review and Select Responsive Compliant Responses The purpose of this phase is to determine if each response complies with the mandatory terms conditions and specifications in the RFP A pass fail criteria will be used A response must comply with all instructions listed in this RFP The State reserves the right to reject any and all responses to modify these RFP specifications or to waive any informalities in the RFP Any response found to be non responsive will be eliminated from further evaluation Responses are private or nonpublic data
36. ars as compared to the whole that will be conducted in each identified foreign location Provide detail on the location s for which all storage and processing of data will occur Attachment enclosed at state where CERTIFICATION By signing this statement certify that the information provided above is accurate and that the location where services have been indicated to be performed will not change during the course of the Contract without prior written approval from the State of Minnesota Name of Company Authorized Signature Printed Name Title Date Telephone Number RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 26 CERTIFICATION REGARDING LOBBYING For State of Minnesota Contracts and Grants over 100 000 The undersigned certifies to the best of his or her knowledge and belief that 1 No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency a member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract the making of any Federal grant the making of any Federal loan the entering into of any cooperative agreement and the extension continuation renewal amendment or modification of any Federal contract grant loan or cooperat
37. ate of Minnesota data for the purposes set forth in the Contract Agreement Contract Vendor shall only access State of Minnesota data as necessary for performance of this Contract Agreement Contract Vendor will not access State of Minnesota user accounts except to respond to service or technical problems or at MN IT s specific request All such data shall be remitted in a mutually agreeable format and media to the State of Minnesota by the Contract Vendor upon request or upon completion termination or cancellation of the Contract Agreement unless the State Chief Information Security Officer or delegate authorizes in writing the Contract Vendor to sanitize and or destroy the data and the Contract Vendor certifies in writing the sanitization and or destruction of the data Any such remittance sanitization or destruction will be at the Contract Vendor s sole cost and expense In the event the Contract Vendor receives a request to release any State of Minnesota data the Contract Vendor must immediately notify the State The State will give the Contract Vendor instructions concerning the release of the data to the requesting party before the data is released The Contract Vendor must comply with the State of Minnesota s instructions The civil remedies of Minnesota Statutes section 13 08 apply to the release of the data by either the Contract Vendor or the State RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 36 b Security Incid
38. ate of Minnesota with a certificate of insurance 2 Commercial General Liability Insurance Contractor is required to maintain insurance protecting it from claims for damages for bodily injury including sickness or disease death and for care and loss of services as well as from claims for property damage including loss of use which may arise from operations under the Contract whether the operations are by the Contractor or by a subcontractor or by anyone directly or indirectly employed by the Contractor under the contract Insurance minimum limits are as follows 2 000 000 per occurrence 2 000 000 annual aggregate 2 000 000 annual aggregate Products Completed Operations The following coverages shall be included Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Other if applicable please list State of Minnesota named as an Additional Insured to the extent permitted by law 3 Commercial Automobile Liability Insurance Contractor is required to maintain insurance protecting it from claims for damages for bodily injury as well as from claims for property damage resulting from the ownership operation maintenance or use of all owned hired and non owned autos which may arise from operations under this contract and in case any work is subcontracted the contractor will require the subcontractor to mainta
39. bility to capture electronic documents scanned images faxes emails online forms and barcodes Section 2 comment box Describe items with a score of 1 or 2 Comments are optional for items with other scores 3 Workflows and Business Processing MO Status litem Description Scote 331 Ability to send secure messages for follow up purposes from MDH staff users to other MDH ne staff users and between MDH users and authenticated external users RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 52 Status Item Description Score 3 3 2 Ability to generate automated notifications to specific individuals regarding workflow activity 3 3 3 Ability for multiple users to work on the same case screen 33 4 Functionality that records document record retention management and allows authorized a destruction of documents and or records Ability to automate retention schedules and deletions Section 3 comment box Describe items with a score of 1 or 2 Comments are optional for items with other scores 4 Indexing and Searching Status Item Description Score Ability to capture and store core metadata and user defined metadata and link to electronic onl documents Section 4 comment box Describe items with a score of 1 or 2 Comments are optional for items with other scores 5 Reporting Item Descriptio
40. cate all production and disaster recovery data centers that store process or transmit State of Minnesota data only in the continental United States 2 store process and transmit State of Minnesota data only in the continental United States and 3 locate all monitoring and support of all the cloud computing or hosting services only in the continental United States The State has the right to on site visits and reasonable inspection of the data centers upon notice to Contract Vendor of seven calendar days prior to visit h Security Audits amp Remediation Contract Vendor will audit the security of the systems and processes used to provide any and all cloud computing or hosting services including those of the data centers used by Contract Vendor to provide any and all cloud computing or hosting services to the State of Minnesota This audit 1 will be performed at least once every calendar year beginning with 2014 2 will be performed according SSAE 16 SOC2 or FedRAMP 3 will be performed by third party security professionals at Contract Vendor s election and expense RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 37 19 4 will result in the generation of an audit report Contract Vendor Audit Report which will to the extent permitted by applicable law be deemed confidential information and as not public data under the Minnesota Government Data Practices Act Minnesota Statutes chapter 13 and 5 may be performe
41. criteria listed in this RFP In the event that contract negotiations are unsuccessful the responder with the next highest number of points will be selected for consideration The evaluation team will make a recommendation s on the award of this RFP The commissioner of Administration or designee may accept or reject the recommendation of the evaluation team The final award decision will be made by the commissioner of Administration or designee Phase IV Sign Contract with Awarded Vendor Foreign Outsourcing Evaluation detail POINTS RESPONDER WORK LOCATION DISTRIBUTED OUTSIDE ITS OWN BORDERS NON WTO If a proposal contains a mixture of domestic and non WTO off shored services points will be awarded based on the percentage of work to be performed that is eligible for points WTO S GOVERNMENT PROCUREMENT AGREEMENT MEMBERS Austria Belgium Canada Cyprus Czech Republic Denmark Estonia Finland France Germany Greece Hong Kong China Hungary Iceland Ireland Israel Italy Japan Korea Latvia Liechtenstein Lithuania Luxembourg Malta Netherlands with respect to Aruba Norway Poland Portugal Singapore Slovak Republic Slovenia Spain Sweden Switzerland United Kingdom United States RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 32 Technical Definitions Point of Care Facility Provider Hospital or birthing center facility or midwife that provides maternity and newborn care
42. d in the normal course of the State s backup procedures for archival or disaster recovery testing purposes ESCROW AGREEMENT Because it is one goal of this procurement to rely upon the Contract Vendor to provide overall technical support and software maintenance subscription services the Contract Vendor is not required to provide the source code directly to the State However in order to protect the State s investment the Contract Vendor must ensure that the original and modified source code shall be held for safe keeping by an independent third party A copy of the escrow agreement shall be included in the response The escrow agreement is subject to negotiations by the State REIMBURSEMENTS Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Contract Vendor as a result of the Contract will be in no greater amount than provided in the current Commissioner s Plan promulgated by the commissioner of Minnesota Management and Budget Reimbursements will not be made for travel and subsistence expenses incurred outside Minnesota unless it has received the State s prior written approval for out of state travel Minnesota will be considered the home state for determining whether travel is out of state All initial costs are to be included in pricing offered per the price schedules herein RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 35 14 15 CERTIFICATION REGARDING LOBBYING Fe
43. d and accepted by the responder that any quantities shown in this RFP are estimated quantities only and impose no obligation upon the State either minimum or maximum See pricing schedules for potential contract term with regard to length of initial contract and potential extension options PROJECT OVERVIEW The Minnesota Department of Health MDH also referred to as the State has a business need for a Direct Results Reporting Commercial Off The Shelf COTS System for Direct Results Reporting of newborn hearing screening and critical congenital heart defects CCHD The State wishes increase receipt of screening results and increase efficiency of results reporting and follow up The proposed solution will consist of two components The first component is software that the vendor will install at point of care facilities providers that conduct screening for hearing loss and or CCHD The component that is installed at point of care facilities providers will message hearing loss and or CCHD screening data to the second component The second component is a vendor hosted application Software as a Service that will allow MDH staff to conduct follow up on hearing and CCHD screens GOAL The State seeks proposals from qualified vendors that will provide a Direct Results Reporting solution The desire is to acquire an application software that includes a managed hosted environment that best meets the State s business needs at the best value AWARD
44. d for other purposes in addition to satisfying this section Upon MN IT s reasonable advance written request Contract Vendor will provide to MN IT a copy of the Contract Vendor Audit Report Contract Vendor will make best efforts to remediate any control deficiencies identified in the Contract Vendor Audit Report in a commercially reasonable timeframe If MN IT becomes aware of any other Contract Vendor controls that do not substantially meet MN IT s requirements MN IT may request remediation from Contract Vendor Contract Vendor will make best efforts to remediate any control deficiencies identified by MN IT or known by Contract Vendor in a commercially reasonable timeframe i Subcontractors Contract Vendor agrees that no State of Minnesota data shall be transmitted exchanged or otherwise provided to other parties except as specifically agreed to in writing by the State Chief Information Security Officer or delegate Contract Vendor must ensure that any contractors subcontractors agents and others to whom it provides State of Minnesota data agree in writing to be bound by the same restrictions and conditions under this Agreement Contract that apply to Contract Vendor with respect to such data j HIPAA Contract Vendor shall comply with the Health Insurance Portability Accountability Act HIPAA the HITECH Act and other similar privacy laws Contract Vendor also shall comply with the HIPAA Privacy Rule HIPAA Security Rule and
45. dentially of the information ORGANIZATIONAL CONFLICTS OF INTEREST The responder warrants that to the best of its knowledge and belief and except as otherwise disclosed there are no relevant facts or circumstances which could give rise to organizational conflicts of interest An organizational conflict of interest exists when because of existing or planned activities or because of relationships with other persons e a Contract Vendor is unable or potentially unable to render impartial assistance or advice to the State e the Contract Vendor s objectivity in performing the work is or might be otherwise impaired or e the Contract Vendor has an unfair competitive advantage The Contract Vendor agrees that if an organizational conflict of interest is discovered after award an immediate and full disclosure in writing shall be made to the Assistant Director of the Department of Administration s Materials Management Division that shall include a description of the action the Contract Vendor has taken or proposes to take to avoid or mitigate such conflicts If an organizational conflict of interest is determined to exist the State may at its discretion cancel the Contract In the event the Contract Vendor was aware of an organizational conflict of interest prior to the award of the Contract and did not disclose the conflict to the AMS the State may terminate the Contract for default The provisions of this clause shall be included in all subcontracts
46. deral funds may potentially be used to pay for all or part of the work under the contract Therefore the responder must complete the attached Certification Regarding Lobbying and submit it as part of its proposal FOREIGN OUTSOURCING OF WORK The State prefers that all services under this Contract shall be performed within the borders of the United States This provision also applies to work performed by subcontractors at all levels The State will award points in the vendor qualification section based on the responder s response to the following questions In the event the State determines services proposed outside of the United States present risk to the State the State reserves the right to negotiate the location of services and or reject the response Therefore the responder must complete the attached Location of Service Disclosure and Certification Form and submit it as part of its proposal 16 PROFESSIONAL TECHNICAL P T SERVICES For state agencies Professional Technical Services must be related 17 18 to the equipment and or software purchased from this Contract and is limited to 25 000 per project Based on the size scope and complexity of the project the State Department of Administration Materials Management Division reserves the right on a case by case basis to approve dollar limits exceeding 25 000 per project Professional Technical Services above the 25 000 dollar limit must be related to said project State a
47. devices shall be provided At least one mode of operation and information retrieval that does not require user speech shall be provided or support for Assistive Technology used by people with disabilities shall be provided At least one mode of operation and information retrieval that does not require fine motor control or simultaneous actions and that is operable with limited reach and strength shall be provided Information Documentation and Support Standard Description Apply Yes No Meets Yes No Comments Section 508 1194 41 Information Documentation and Support a Product support documentation provided to end users shall be made available in alternate formats upon request at no additional charge b End users shall have access to a description of the accessibility and compatibility features of products in alternate formats or alternate methods upon request at no additional charge c Support services for products shall accommodate the communication needs of end users with disabilities RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 61 Appendix 4 Exhibit A Continued VPAT Web Content Accessibility Guidelines 2 0 level AA Completion of this form is mandatory If you fail to complete this form your RFP response is invalid It is strongly Accessibility points will be awarded based on 1 the accuracy and de
48. diate cancellation to the extent allowable by applicable law In the event of cancellation the Contract Vendor shall be entitled to payment determined on a pro rata basis for products work or services satisfactorily received performed and accepted STATE AUDITS Minn Stat 16C 05 subd 5 The books records documents and accounting procedures and practices of the Contract Vendor or other party that are relevant to the Contract or transaction are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate for a minimum of six years after the end of the Contract or transaction The State reserves the right to authorize delegate s to audit this contract and transactions CONTRACT DOCUMENTS Contract documents including the bond and insurance requirements stated in the Special Terms and Conditions in the RFP are to be returned within 14 calendar days from receipt of the documents Failure to comply may result in cancellation of the award RFP51 11 26 13 N 19 Newborn Screening Computer Software MDH Only Page 4 11 12 13 14 15 16 ADDENDA TO THE RFP Any addendum issued will become a part of the RFP The State may modify or clarify the RFP by issuing one or more addenda to all parties who have received the RFP Each responder must follow the directions on the addendum Addenda will be numbered consecutively in the order they are issued AWARD Unless othe
49. ding cannot be continued at a level sufficient to allow for the payment of the goods or services in the Contract or if operations of the paying entity are being discontinued Termination will be by written or fax notice to the Contract Vendor The State is not obligated to pay for any goods or service accepted or provided after notice and effective date of termination However the Contract Vendor will be entitled to payment for goods or services accepted or satisfactorily performed up until the effective date of the cancellation The State will not be assessed any penalty if the Contract is terminated in accordance with this section The State must provide the Contract Vendor with notice within a reasonable time after the decision is made to cancel the Contract PRICING OFFERED IN RESPONSE Prices listed in your response to this solicitation must take into consideration all inherent costs of providing the requested goods and or services The responder agrees to pay any and all fees including but not limited to duties custom fees permits brokerage fees licenses and registrations The State will not pay any additional charges beyond the price s listed in the response unless otherwise provided for by law or expressly allowed by the terms of the solicitation FREIGHT FOB Orders shall be shipped FOB Destination prepaid and allowed Freight costs if applicable shall be included in the bid unit price SOFTWARE AND LICENSING AGREEMENTS Responder
50. ds a That the effective interactive control and use of the technology including the operating system applications programs prompts and format of the data presented are readily achievable by nonvisual means b That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact c That nonvisual access technology must be integrated into networks used to share communications among employees program participants and the public and d That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired RFP51 11 26 13 N 19 Newborn Screening Computer Software MDH Only Page 16 State Of Minnesota Affirmative Action Certification If your response to this solicitation is or could be in excess of 100 000 complete the information requested below to determine whether you are subject to the Minnesota Human Rights Act Minnesota Statutes 363A 36 certification requirement and to provide documentation of compliance if necessary It is your sole responsibility to provide
51. e including pricin documents unprotected Excel document Once the RFP is awarded the original copies will be kept but all other copies and the electronic copies may be destroyed Costs for developing a response to this RFP are entirely the responder s responsibility and shall not be chargeable to the State of Minnesota or to any agency thereof RFP51 11 26 13 N 19 Newborn Screening Computer Software MDH Only Page 2 GENERAL TERMS CONDITIONS AND INSTRUCTIONS INTRODUCTION This Request for Proposal does not commit the State to award any Contract or to pay any costs incurred by the vendors responding The following terms set forth the minimum requirements of the State and may be included in the Contract entered into by the State and the Contract Vendor Any materials submitted may be incorporated by reference in the final Contract All general proposal terms specifications and special conditions form a part of this RFP and will apply to any Contracts entered into as a result thereof The State reserves the right to accept or reject any or all responses or parts of responses and to waive informalities therein All responses must be prepared as stated herein and properly signed Address all correspondence and inquiries regarding this RFP to the Acquisition Management Specialist shown on page one THIS IS A REQUEST FOR PROPOSAL NOT A PURCHASE ORDER 1 ESTIMATED AMOUNT If there is an estimated total dollar value of the Contract li
52. e Contract Vendor should confirm all of the tax requirements with the ordering entity UNDILUTED COAL TAR SEALERS Not applicable PRICES Prices shall remain firm for the initial term of the Contract unless otherwise stated in the Special Terms and Conditions A unit price and a total for the quantity must be stated for each item quoted In case of an error in the total price the unit price will prevail Prices must be quoted in United States currency a TRANSPORTATION All prices shall be FOB Destination prepaid and allowed with freight included in the price to the ordering agency s receiving dock or warehouse unless otherwise stated in the Special Terms and Conditions Price reductions must be passed on immediately to the State whenever they become effective In those situations in which the deliver to address has no receiving dock or agents the Contract Vendor must be able to deliver to the person specified on the PO RFP51 11 26 13 N 19 Newborn Screening Computer Software MDH Only Page 6 22 23 24 25 26 27 28 b PRICE DECREASES During the life of the Contract any or all temporary price reductions promotional price offers introductory pricing or any other offers or promotions that provide prices lower than or discounts higher than those stated in the Contract must be given immediately to the entities eligible to purchase from the Contract Invoices for goods ordered or shipped or services perform
53. e best interest The right is also reserved for the State to purchase product and services from alternate contracts if deemed in the State s best interest 21 STATE CONTRACTS The State reserves the right to purchase products and or services through existing contracts if deemed in the best interest of the State RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 38 SECTION Il REQUIRED CAPABILITIES AND DELIVERABLES DELIVERABLES The Contract will include payment to cover the a software license fees b hosted COTS application software and database accessible by appropriate State staff c associated costs for installation integration production software and database maintenance technical support and distance training and on site training before and during a one year warranty amp maintenance period and d associated costs for ongoing software maintenance distance training and technical support beyond the one year warranty period The Contract Vendor is responsible for maintaining the software database and hosted environment for the availability of replacement copies of the installation materials for the application for the continuing maintenance of the application and for making necessary upgrades repairs and modifications in order to comply with federal and state specifications The State will have access to the data that are submitted to the remotely hosted system The data will be the property of the State of Minn
54. eceive a preference the veteran owned small business must meet the statutory requirements above by the solicitation opening date and time The preference is applied only to the first 500 000 of the response If you are claiming the veteran owned preference attach documentation sign and return this form with your response to the solicitation Only eligible veteran owned small businesses that meet the statutory requirements and provide adequate documentation will be given the preference HEREBY CERTIFY THAT THE FIRM LISTED BELOW My firm is a certified small business and it is majority owned and operated by an eligible person as defined by Minn Stat 16C 16 subd 6a Yes ___No must check yes or no State the type of documentation attached DOCUMENTATION MUST BE PROVIDED FOR ONE OF THE FOLLOWING REQUIREMENTS ____ 1 recently separated veterans who have served in active military service at any time on or after September 11 2001 and who have been discharged under honorable conditions from active service as indicated by the person s United States Department of Defense form DD 214 or by the commissioner of veterans affairs State the type of documentation attached _ 2 veterans with service connected disabilities as determined at any time by the United States Department of Veterans Affairs State the type of documentation attached 3 any other veteran owned small businesses certified under Minnesota Statute Section 16C 19 par
55. echanism is available to allow the purpose of each link to be identified from link text alone except where the purpose of the link would be ambiguous to users in general Level AAA 2 4 10 Section Headings Section headings are used to organize the content Level AAA Principle 3 Understandable Information and the operation of user interface must be understandable Standard Description Apply Meets Comments Yes No Yes No Guideline 3 1 Readable Make text content readable and understandable 3 1 1 Language of Page The default human language of each Web page can be programmatically determined Level A 3 1 2 Language of Parts The human language of each passage or phrase in the content can be programmatically determined except for proper names technical terms words of indeterminate language and words or phrases that have become part of the vernacular of the immediately surrounding text Level AA 3 1 3 Unusual Words A mechanism is available for identifying specific definitions of words or phrases used in an unusual or restricted way including idioms and jargon Level AAA 3 1 4 Abbreviations A mechanism for identifying the expanded form or meaning of abbreviations is available Level AAA 3 1 5 Reading Level When text requires reading ability more advanced than the lower secondary education level after removal of proper names and titles supplemental content or a version t
56. ed installed and integrated a Direct Results Reporting Solution for CCHD and EHDI in the United States within the last five years from date of bid opening Include the following information for one organization of similar size and scope that have already placed the Solution into production Name Point of contact at the organization including name email addresses and phone Date month and year that the organization the product Brief description of such contracts explaining how those contracts relate to the ability of the vendor to complete the services required by this RFP Provide historical project timeline from start date to completion Project management Present a general project management plan for tasks required to place the Direct Results Reporting Solution into production at MDH If installation is modular describe how individual modules will perform during interim installation periods before all components are fully operational The project management plan should include the proposed timeline for all major project milestones and the coordinating and reporting procedures for tracking progress System verification Describe how the system is tested for specification compliance and acceptance Documentation shall include the method to track system errors and their resolution during the testing phase Also present the frequency of system testing and how end users of the proposed upgrades are involved in the testing process Archi
57. ed during the decrease or promotion must immediately reflect such pricing c PRICE INCREASES After the initial term of the Contract a price increase may be allowed based upon a demonstrable industrywide or regional increase in the Contract Vendor s costs Documentary evidence must be submitted prior to a proposed price increase The amount of any increase is not to exceed 10 percent for any commodity service over the life of the Contract unless approved in writing by the MMD Assistant Director The exact amount of increase if any will be governed by the validity of the documentary evidence submitted and requires the written authorization of the Assistant Director No price increase will be effective until approved by the Acquisition Management Specialist and set forth in a fully executed amendment to the Contract EFFECTIVE DATE Pursuant to Minnesota law the Contract arising from this RFP shall be effective upon the date of final execution by the State unless a later date is specified in the Contract RISK OF LOSS OR DAMAGE The State shall be relieved of all risks of loss or damage to the goods and or equipment during periods of transportation and installation by the Contract Vendor and in the possession of the Contract Vendor or its authorized agent GOVERNING LAW The RFP and the Contract shall be construed in accordance with and its performance governed by the laws of the State of Minnesota Except to the extent that the provisions of t
58. eenings of employees YES O contractors and individuals working on behalf 4 of the organization are performed to include NO L criminal credit professional academic N A O references and drug screenings Contract Vendor will 1 locate all production and disaster recovery data centers that store process or transmit State of Minnesota data YES only in the continental United States 2 store 5 process and transmit State of Minnesota data noL only in the continental United States and 3 ne N AL locate all monitoring and support of all the cloud computing or hosting services only in the continental U S The system solution service provides password protection and security controls to prevent YES L 6 unauthorized access to or use of the system No _ data and images Proposed system solutions will ensure Industry best practices for security N A L architecture amp design System solution service has capability to ves 7 integrate with the State of Minnesota s NO Identity and Access Management IAM system N A L Will external parties e g backup vendors YES service providers equipment support vendors 8 and other customer tenants have access to noL the State of Minnesota s data system solution NAD service System solution service has the capability to YEs encrypt sensitive data in transit and at rest 9 noL encryption keys will be managed at least in part by the State of Minnesota N A O RFP50 N 19 CO
59. el AA for all product and websites offered in the response See Appendix 4 Exhibit A for VPATS N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 54 Appendix 4 Exhibit A VPAT Section 508 of the Rehabilitation Act Completion of this form is mandatory If you fail to complete this form your RFP response is invalid It is strongly Accessibility points will be awarded based on 1 the accuracy and detailed response to this form and 2 how accessible your product is The comments portion must be filled in to further define how accessibility is or is not met Software Applications and Operating Systems Standard Description Apply Meets Comments Yes No Yes No provide comments even when you determine that the standard doesn t apply to your product Section 508 1194 21 Software Applications and Operating Systems a When software is designed to run on a system that has a keyboard product functions shall be executable from a keyboard where the function itself or the result of performing a function can be discerned textually Applications shall not disrupt or disable activated features of other products that are identified as accessibility features where those features are developed and documented according to industry standards Applications also shall not disrupt or disable activated features of any operating system that are identified as accessibility features where the application programming in
60. embers Failure to provide these reports may result in Contract cancellation The following reporting frequency is required at a minimum e Annually or as requested e Final report after the end of the Contract See the next page of an example of the data fields that are needed in your usage report RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 21 STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION MATERIALS MANAGEMENT DIVISION ENVIRONMENTAL REPORTS ENVIRONMENTAL PREFERENCE A proportional preference of up to 10 will be given for post consumer PC recycled content Note No preference will be given for recycled content less than 10 For example 90 recycled content would get a 9 preference and 30 recycled content would get a 3 preference The recycled content must be substantiated by the manufacturer s published document such as a specification sheet or product brochure The document must accompany the response in order to obtain the preference Claims of recycled content without valid documentation included in the response will not receive a preference POST CONSUMER RECYCLED CONTENT If you want the preference for PC recycled content check here LJ Is documentation attached LJ Yes LJ No Claims of recycled content without valid documentation included in the response will not receive a preference If all items are the same recycled content percentage record that here If the line items have different perce
61. end the time limit at least ten times or e Real time Exception The time limit is a required part of a real time event for example an auction and no alternative to the time limit is possible or e Essential Exception The time limit is essential and extending it would invalidate the activity or e 20 Hour Exception The time limit is longer than 20 hours 2 2 2 Pause Stop Hide For moving blinking scrolling or auto updating information all of the following are true Level A e Moving blinking scrolling For any moving blinking or scrolling information that 1 starts automatically 2 lasts more than five seconds and 3 is presented in parallel with other content there is a mechanism for the user to pause stop or hide it unless the movement blinking or scrolling is part of an activity where it is essential and e Auto updating For any auto updating information that 1 starts automatically and 2 is presented in parallel with other content there is a mechanism for the user to pause stop or hide it or to control the frequency of the update unless the auto updating is part of an activity where it is essential 2 3 1 Three Flashes or Below Threshold Web pages do not contain anything that flashes more than three times in any one second period or the flash is below the general flash and red flash thresholds Level A 232 he eb TOTE aN Th gt UMES If Guideline 2 4 Navigable P
62. ent of the statutory definition above by the solicitation opening date and time If you wish to affirmatively claim Resident Vendor status you should do so by submitting this form with your bid or proposal Resident Vendor status may be considered for purposes of resolving tied low bids or the application of a reciprocal preference HEREBY CERTIFY THAT THE COMPANY LISTED BELOW 1 Is authorized to conduct business in the State of Minnesota on the date a solicitation for a contract is first advertised or announced This includes a foreign corporation duly authorized to engage in business in Minnesota ___Yes___ No must check yes or no 2 Has paid unemployment taxes or income taxes in the State of Minnesota during the 12 calendar months immediately preceding submission of the bid or proposal for which any preference is sought Yes ___No must check yes or no 3 Has a business address in the State of Minnesota Yes __No must check yes or no 4 Agrees to submit documentation if requested as part of the bid or proposal process to verify compliance with the above statutory requirements Yes ___No must check yes or no BY SIGNING BELOW you are certifying your compliance with the requirements set forth herein and claiming Resident Vendor status in your bid or proposal submission Name of Company Date Authorized Signature Telephone Printed Name Title IF YOU ARE CLAIMING RESIDENT VEN
63. entification or control are used an alternative form of identification or activation which does not require the user to possess particular biological characteristics shall also be provided Where provided at least one of each type of expansion slots ports and connectors shall comply with publicly available industry standards Functional Performance Criteria Standard Description Apply Yes No Meets Yes No Comments Section 508 1194 31 Functional Performance Cri teria a At least one mode of operation and information retrieval that does not require user vision shall be provided or support for Assistive Technology used by people who are blind or visually impaired shall be provided At least one mode of operation and information retrieval that does not require visual acuity greater than 20 70 shall be provided in audio and enlarged print output working together or independently or support for Assistive Technology used by people who are visually impaired shall be provided At least one mode of operation and information retrieval that does not require user hearing shall be provided or support for Assistive Technology used by people who are deaf or hard of hearing shall be provided Where audio information is important for the use of a product at least one mode of operation and information retrieval shall be provided in an enhanced auditory fashion or support for assistive hearing
64. ents If Contract Vendor becomes aware of a privacy or security incident regarding any State of Minnesota data Contract Vendor will immediately report the event to the Minnesota Office of MN IT Services f k a Office of Enterprise Technology and d b a MN IT or MN IT Services The decision to notify and the actual notifications to the State of Minnesota s data subjects affected by the security or privacy incident is the responsibility of the State of Minnesota Notwithstanding anything to the contrary in this Contract Agreement the Contract Vendor shall indemnify hold harmless and defend the State of Minnesota and its officers and employees for and against any claims damages costs and expenses related to any privacy or security incident Contract Vendor shall reasonably mitigate any harmful effects resulting from any privacy or security incident For purposes of this sub section security incident means the successful unauthorized access use disclosure modification or destruction of data or interference with system operations in an information system For purposes of this sub section privacy incident means violation of the Minnesota Government Data Practices Act Minnesota Statutes chapter 13 and or federal privacy requirements in federal laws rules and regulations This includes but is not limited to improper or unauthorized use or disclosure of not public data improper or unauthorized access to or alteration of public data and incidents
65. equirements See Section Il Required Capabilities and Deliverables of the RFP for instructions to complete the status column of this table Only those responses that affirm that the Direct Results Reporting Solution meets all mandatory requirements will be evaluated If all responders cannot meet the requirements potential responders are encouraged to ask questions by the question and answer period if they cannot meet a requirement All costs associated with mandatory requirements must be included in the cost offered on the price schedule Note If the responder does not assign a status to any requirement then that functionality will be considered unavailable 1 Technical Specifications Item Description PA 214 Ability to accept appropriate CCHD screening data from all pulse oximeters that have a data output port 212 Ability to accept appropriate EHDI screening data from all OAE and ABR a instruments that have a data output port 213 Capable of transmitting data from the solution to MDH s MEDSS EHDI ae application using HL7 2 5 1 messaging via PHINMS 214 Solution must provide the same functionality using Microsoft IE Firefox Safari and Chrome Direct Results Reporting system must use federally and state recommended health data secure messaging standards The State 2 1 5 recommended health data secure messaging standard is using NWHIN Direc
66. er of the Department of Human Rights certificate of compliance A Contract Vendor covered by Minn Stat 363A 36 subd 1 that did not have more than 40 full time employees on a single working day during the previous 12 months within Minnesota but that did have more than 40 full time employees in the state where it has its principal place of business and that does not have a certificate of compliance must certify that it is in compliance with federal affirmative action requirements Minn Stat 363A 36 subd 1 requires the Contract Vendor to have an affirmative action plan for the employment of minority persons women and qualified disabled individuals approved by the commissioner of the Department of Human Rights commissioner as indicated by a certificate of compliance Minn Stat 363A 36 addresses suspension or revocation of a certificate of compliance and contract consequences in that event A contract awarded without a certificate of compliance may be voided RFP51 11 26 13 N 19 Newborn Screening Computer Software MDH Only Page 12 Minn R 5000 3400 5000 3600 implement Minn Stat 363A 36 These rules include but are not limited to criteria for contents approval and implementation of affirmative action plans procedures for issuing certificates of compliance and criteria for determining a Contract Vendor s compliance status procedures for addressing deficiencies sanctions and notice and hearing annual compliance report
67. erest All rights title and interest in all of the intellectual property rights including copyrights patents trade secrets trade marks and service marks in the said documents that the Contract Vendor conceives or originates either individually or jointly with others which arises out of the performance of the Contract will be the property of the State and are by the Contract assigned to the State along with ownership of any and all copyrights in the copyrightable material The Contract Vendor also agrees upon the request of the State to execute all papers and perform all other acts necessary to assist the State to obtain and register copyrights on such materials Where applicable works of authorship created by the Contract Vendor for the State in performance of the Contract shall be considered works for hire as defined in the U S Copyright Act c Notwithstanding the above the State will not own any of the Contract Vendor s pre existing intellectual property that was created prior to the Contract and which the State did not pay the Contract Vendor to create The Contract Vendor grants the State a perpetual irrevocable non exclusive royalty free license for Contractor s pre existing intellectual property that is contained in the products materials equipment or services that are purchased through this Contract PURCHASE ORDERS The State requires that there will be no minimum order requirements or charges to process an individual p
68. esota Responders are encouraged to propose additional tasks or activities if they will substantially improve the results of the project Responders should separate these optional items from the required items on the cost proposal A REQUIRED CAPABILITIES MANDATORY REQUIREMENTS The first phase of the evaluation will be an assessment of mandatory requirements Pass fail criteria will be used Any responder that fails to meet the criteria listed in this section may be rejected unless all responders are unable to meet a requirement If all responders are unable to meet a requirement the State reserves the right to delete the requirement Responders that are unable to meet the requirement are encouraged to notify the AMS by the question and answer due date and time detailing the requirement Each responder is instructed to include a statement in the response that asserts the Required Capabilities shall be met 1 Experience The responder must have provided installed and integrated a direct results reporting system for CCHD and Early Hearing Detection amp Intervention EHDI in the United States within the last five years from date of bid opening 2 Direct Results Reporting requirements Complete the status column for each specification listed in Appendix 2 Mandatory Requirements Note that each requirement must be Fully Available to be considered Responders may include comments If the responder does not assign a status to any functionality the
69. explain and specify if the Not Public data is data on individuals i e N A L Private or Confidential data and or the data is subject to federal law regulation e g HIPAA FERPA IRS Publication 1075 FBI CJIS If Federal compliance requirements pertain to yes 23 the data e g CJI IRS 1075 PHI SSA PCI Etc does the system solution service comply with no the said security policy or industry best N A O practice If CJI is in scope has organization staff including employees contractors and YES O 24 individuals working on behalf of the organization that come in contact with CJI NO L passed an FBI fingerprinted background check N A O and signed the FBI CJIS Security Addendum Certification agreement Contract Vendor shall comply with the Health Insurance Portability Accountability Act HIPAA the HITECH Act and other similar Yes 25 privacy laws Contract Vendor also shall NO O comply with the HIPAA Privacy Rule HIPAA Security Rule and other similar rules N A L regulations and laws including future amendments thereto RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 71
70. facturer non proprietary industry standard codes translation protocols formats or other information necessary to provide the information or communication in a usable format Technologies which use encoding signal compression format transformation or similar techniques shall not remove information needed for access or shall restore it upon delivery Products which have mechanically operated controls or keys shall comply with the following Controls and Keys shall be tactilely discernible without activating the controls or keys Products which have mechanically operated controls or keys shall comply with the following Controls and Keys shall be operable with one hand and shall not require tight grasping pinching twisting of the wrist The force required to activate controls and keys shall be 5 lbs 22 2N maximum k3 Products which have mechanically operated controls or keys shall comply with the following If key repeat is supported the delay before repeat shall be adjustable to at least 2 seconds Key repeat rate shall be adjustable to 2 seconds per character k4 Products which have mechanically operated controls or keys shall comply with the following The status of all locking or toggle controls or keys shall be visually discernible and discernible either through touch or sound RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 58 Video and Multi media product
71. for work to be performed and the terms Contract Contract Vendor and AMS modified appropriately to preserve the State s rights NOTICE TO RESPONDERS Pursuant to Minn Stat 270C 65 subd 3 Contract Vendors are required to provide their Federal Employer Identification Number or Social Security Number This information may be used in the enforcement of federal and State tax laws Supplying these numbers could result in action to require a Contract Vendor to file tax returns and pay delinquent tax liabilities These numbers will be available to federal and State tax authorities and State personnel involved in the payment of State obligations ELECTRONIC FUNDS TRANSFER EFT PAYMENT METHOD AND STRUCTURE In accordance with Minn Stat 16A 40 the responder receiving the award of this Solicitation may be required to provide their bank routing information to the Department of Minnesota Management and Budget to enable payments to be made through EFT PUBLIC INFORMATION Once the information contained in the responses is deemed public information interested parties may request to obtain the public information You may call 651 201 2413 between the hours of 8 00 a m to 4 30 p m to arrange this INTELLECTUAL PROPERTY INDEMNIFICATION The Contract Vendor warrants that any materials or products provided or produced by the Contract Vendor or utilized by the Contract Vendor in the performance of this Contract will not infringe upon or
72. g an action prompting a response or distinguishing a visual element RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 55 j When a product permits a user to adjust color and contrast settings a variety of color selections capable of producing a range of contrast levels shall be provided k Software shall not use flashing or blinking text objects or other elements having a flash or blink frequency greater than 2 Hz and lower than 55 Hz I When electronic forms are used the form shall allow people using Assistive Technology to access the information field elements and functionality required for completion and submission of the form including all directions and cues Web based Internet information and communications Standard Description Apply Meets Comments Yes No Yes No Section 508 1194 22 Web based Internet information and communications a A text equivalent for every non text element shall be provided e g via alt longdesc or in element content b Equivalent alternatives for any multimedia presentation shall be synchronized with the presentation c Web pages shall be designed so that all information conveyed with color is also available without color for example from context or markup d Documents shall be organized so they are readable without requiring an associated style sheet e Redundant text li
73. gencies must request in writing and obtain prior written approval from the MMD Professional Technical Contracts Section before proceeding with projects exceeding the 25 000 limit RETAINAGE Ten percent 10 of the cost of each deliverable will be withheld by the State The retainage will be held by the State until the deliverable has been reviewed by the head of the agency entering into the Contract and the head of the agency has certified that the Contract Vendor has satisfactorily fulfilled the terms of the Contract SECURITY AND DATA PROTECTION Contract Vendor is responsible for the security and protection of the State of Minnesota data related to this Agreement Contract The terms conditions and provisions of this Security and Data Protection section take precedence and will prevail over any other terms conditions and provisions of the Contract Agreement if in conflict SEE APPENDIX 5 DATA SECURITY REQUIREMENTS FORM TO BE COMPLETED AND RETURNED BY THE RESPONDER a Data Ownership The State of Minnesota solely and exclusively owns and retains all right title and interest whether express or implied in and to the State of Minnesota data For purposes of this section data has the meaning of government data in Minnesota Statutes section 13 02 subdivision 7 Contract Vendor has no and acquires no right title or interest whether express or implied in and to the State of Minnesota data Contract Vendor shall only use St
74. h Facilities Providers Include the periods for implementation and integration and warranty maintenance period and technical service for the duration of the contract period Enhancements Describe how requests for enhancements will be handled both pre and post acceptance Delivery schedule It is desired that the responder be able to meet the schedule described herein If the State issues an invitation for a one day on site demonstration of the Direct Results Reporting Solution product as part of the evaluation process the responder must be available for such an on site presentation within ten 10 business days of receipt of the invitation Within ten 10 business days of the effective date of the contract the Contract Vendor shall host a kick off meeting via teleconference with the MDH Direct Results Reporting Workgroup to discuss the Contract Vendor s steps for installation and verification of the Direct Results Reporting Solution The Contract Vendor must be able to provide a three day on site visit within fifteen 15 days of the Contract s effective date The purpose of this on site visit is to gather information for a detailed scope of work The responder must submit a detailed Scope of Work document to the MDH Project Manager within one 1 month of the effective date of the contract This document is to address deliverables work breakdown project schedule quality plan risk management communications plan critical success facto
75. hasing or call the Division s HelpLine at 651 296 2600 b Reciprocal Preference In accordance with Minn Stat 16C 06 subd 7 the acquisition of goods or services shall be allowed a preference over a non resident vendor from a state that gives or requires a preference to vendors from that state the preference shall be equal to the preference given or required by the state of the non resident vendor If you wish to be considered a Minnesota Resident vendor you must claim that by filling out the Resident Vendor Form included in this solicitation and include it in your response 46 SURVIVABILITY The following rights and duties of the State and responder will survive the expiration or cancellation of the resulting Contract s These rights and duties include but are not limited to paragraphs 6 Indemnification Hold Harmless and Limitation of Liability 9 State Audits 15 Government Data Practices 24 Governing Law 25 Jurisdiction and Venue 31 Publicity 59 Intellectual Property Indemnification and Admin Fees 47 48 PERFORMANCE WHILE DISPUTE IS PENDING Notwithstanding the existence of a dispute the parties shall continue without delay to carry out all of their responsibilities under the Contract that are not affected by the dispute If a party fails to continue without delay to perform its responsibilities under the Contract in the accomplishment of all undisputed work any additional cost incurred by the other parties as a
76. hat does not require reading ability more advanced than the lower secondary education level is available Level AAA 3 1 6 Pronunciation A mechanism is available for identifying specific pronunciation of words where meaning of the words in context is ambiguous without knowing the pronunciation Level AAA Guideline 3 2 Predictable Make Web pages appear and operate in predictable ways 3 2 1 On Focus When any component receives focus it does not initiate a change of context Level A 3 2 2 On Input Changing the setting of any user interface component does not automatically cause a change of context unless the user has been advised of the behavior before using the component Level A RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 67 3 2 3 Consistent Navigation Navigational mechanisms that are repeated on multiple Web pages within a set of Web pages occur in the same relative order each time they are repeated unless a change is initiated by the user Level AA 3 2 4 Consistent Identification Components that have the same functionality within a set of Web pages are identified consistently Guideline 3 3 input Assistance Help users avoid and correct mistakes 3 3 1 Error Identification If an input error is automatically detected the item that is in error is identified and the error is described to the user in text Level A 3
77. he Contract are clearly inconsistent therewith the Contract shall be governed by the Uniform Commercial Code UCC as adopted by the State To the extent the Contract entails delivery or performance of services such services shall be deemed goods within the meaning of the UCC except when to so deem such services as goods is unreasonable JURISDICTION AND VENUE This RFP and any ensuing Contract its amendments and supplements thereto shall be governed by the laws of the State of Minnesota USA Venue for all legal proceedings arising out of the Contract or breach thereof shall be in the State or federal court with competent jurisdiction in Ramsey County Minnesota By submitting a response to this Request for Proposal a Responder voluntarily agrees to be subject to the jurisdiction of Minnesota for all proceedings arising out of this RFP any ensuing Contract or any breach thereof REQUEST FOR CLARIFICATION If a responder discovers any significant ambiguity error conflict discrepancy omission or other deficiency in the RFP the responder shall immediately notify the Acquisition Management Specialist in writing as specified in the introduction of such error and request modification or clarification of the document Responders are cautioned that any activity or communication with a State employee or officer or a member of the Evaluation Team regarding this Solicitation s contents or process is strictly prohibited and may as a result
78. in Commercial Automobile Liability insurance Insurance minimum limits are as follows N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 28 2 000 000 per occurrence Combined Single limit for Bodily Injury and Property Damage In addition the following coverages should be included Owned Hired and Non owned Automobile Professional Technical Errors and Omissions including Network Security and Privacy Liability Insurance or equivalent Network Security and Privacy Liability coverage endorsed on another form of liability coverage or written as a standalone policy This policy will provide coverage for all claims the contractor may become legally obligated to pay resulting from any actual or alleged negligent act error or omission related to Contractor s professional services required under the contract Contractor is required to carry the following minimum limits 2 000 000 per claim or event 2 000 000 annual aggregate Any deductible will be the sole responsibility of the Contractor and may not exceed 50 000 without the written approval of the State Ifthe Contractor desires authority from the State to have a deductible in a higher amount the Contractor shall so request in writing specifying the amount of the desired deductible and providing financial documentation by submitting the most current audited financial statements so that the State can ascertain the ability of the Contractor to cover the deductible from its
79. in which the confidentiality of the data maintained by Contract Vendor has been breached For purposes of this section not public data has the meaning defined in Minnesota Statutes section 13 02 subdivision 8a c Security Program Contract Vendor must make all commercially reasonable efforts to protect and secure the State of Minnesota data related to this Agreement Contract Contract Vendor will establish and maintain an Information Security Program Program that includes an information security policy applicable to any and all cloud computing or hosting services Policy Contract Vendor s Program and Policy must align with appropriate industry security frameworks and standards such as National Institute of Standards and Technology NIST 800 53 Special Publication 3 Federal Information Processing Standards FIPS 199 FedRamp or CoBit For purposes of this section cloud computing has the meaning defined by the U S Department of Commerce NIST Special Publication 800 145 currently available online at http csrc nist gov publications nistpubs 800 145 SP800 145 pdf Contract Vendor will make its Policy available to MN IT on a confidential need to know basis along with other related information reasonably requested by MN IT regarding Contract Vendor s security practices and policies Unless inconsistent with applicable laws Contract Vendor and MN IT must treat the Policy and related information on security practices and
80. including user manuals regarding the software If requested during the Contract period the Contract Vendor shall provide distance training and or on site training within seven 14 days of receiving a formal request from the authorized representative of MDH In the event that despite the good faith effort conducted by the State to evaluate the software prior to software acceptance MDH discovers that the licensed products do not meet the mandatory technical and performance requirements described herein or any of the specifications of the Contract Vendors documentation for the software during the warranty period the Contract Vendor shall be given an opportunity to cure the breach of warranty as follows 1 the Contract Vendor shall correct the error and or nonconformity within thirty 30 calendar days unless otherwise agreed to in writing by MDH 2 if the error nonconformity pertains to a seldom used subroutine then the Contract Vendor shall provide MDH a procedure to circumvent the error approved by the state RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 39 RFP50 or 3 replace and or substitute the software with same and or greater functionality without charge If the aforementioned options are not feasible or do not resolve the breach of warranty then the State shall have the right to terminate the contract return the licensed products provided and receive a full refund of all license equipment and maintenance fee
81. inn Stat 16 C 02 in addition to the legislative and judicial branches and constitutional offices of state government The State agrees that Contractor its principals members and employees shall not be liable to the State for any actions damages claims liabilities costs expenses or losses in any way arising out of or relating to the goods provided or services performed hereunder for an aggregate amount in excess of 10 000 000 or the Contract amount whichever is greater This limitation of liability does not apply to damages for personal injury or death or to Contractor s obligation to indemnify defend and hold the State harmless against intellectual property infringement claims under paragraphs 53 and 59 of this Agreement This indemnification does not include liabilities caused by the State s gross negligence or intentional wrongdoing of the State LAWS AND REGULATIONS Any and all services articles or equipment offered and furnished shall comply fully with all State and federal laws and regulations including Minn Stat 181 59 and Minn Stat Ch 363A prohibiting discrimination and business registration requirements of the Minnesota Secretary of State s Office CANCELLATION OF THE CONTRACT The Contract may be cancelled by the State or the commissioner of Administration at any time without cause upon 30 days written notice to the Contract Vendor In the event the Contract Vendor is in default the Contract is subject to imme
82. irements of Minn Stat 363A 36 subd 1 and Minn R 5000 3400 5000 3600 and is aware of the consequences for noncompliance It is agreed between the parties that Minn Stat 363 36 and Minn R 5000 3400 to 5000 3600 are incorporated into any contract between these parties based upon this specification or any modification of it A copy of Minn Stat 363A 36 and Minn R 5000 3400 to 5000 3600 are available upon request from the contracting agency 49 USAGE REPORT As per the requirements of this RFP Contract Vendors are required to furnish usage data to the 50 Acquisition Management Specialist Unless otherwise specified in the Special Terms and Conditions a report on Contract usage must consist of the total dollars expended by the State and other entities HAZARDOUS SUBSTANCES To the extent that the goods to be supplied to the State by the responder contain or may create hazardous substances harmful physical agents or infectious agents as set forth in applicable State and federal laws and regulations the responder must provide the State with Material Safety Data Sheets regarding those substances including mercury A copy must be included with each delivery RFP51 11 26 13 N 19 Newborn Screening Computer Software MDH Only Page 13 51 52 53 54 55 56 57 58 STATE REQUIREMENTS FOR ENERGY STAR COMPLIANT PRODUCTS The Contract Vendor is responsible to present information to State agency and Cooperative Pu
83. isleading statements or that provide references that contradict or do not support an attribute or condition stated by the responder may be rejected ACTING IN CASES OF DOUBTFUL RESPONSIBILITY If the Manager of Acquisitions on the basis of available evidence concludes that a particular responder appears to be insufficiently responsible to ensure adequate performance the response may be rejected NONRESPONSIVE RESPONSES Responses that do not comply with the provisions in the RFP may be considered nonresponsive and may be rejected INDEMNIFICATION HOLD HARMLESS AND LIMITATION OF LIABILITY The Contract Vendor shall indemnify protect save and hold harmless the State its representatives and employees from any and all claims or causes of action including all legal fees incurred by the State arising from the performance of the Contract by the Contract Vendor or its agents employees or subcontractors This clause shall not be construed to bar any legal remedies the Contract Vendor may have with the State s failure to fulfill its obligations pursuant to the Contract For clarification and not as a limitation the Contract Vendor hereby expressly extends in addition to the other terms conditions and specifications of the Contract the foregoing defense and indemnification obligations to Cooperative Purchasing Venture CPV Members including Board of Trustees of the Minnesota State Colleges and Universities in addition to Agency as defined in M
84. istics Instructions provided for understanding and operating content do not rely solely on sensory characteristics of components such as shape size visual location orientation or sound Level A Guideline 1 4 Distinguishable Make it easier for users to see and hear content including separating foreground from background 1 4 1 Use of Color Color is not used as the only visual means of conveying information indicating an action prompting a response or distinguishing a visual element Level A 1 4 2 Audio Control If any audio on a Web page plays automatically for more than 3 seconds either a mechanism is available to pause or stop the audio or a mechanism is available to control audio volume independently from the overall system volume level Level A 1 4 3 Contrast Minimum The visual presentation of text and images of text has a contrast ratio of at least 4 5 1 except for the following Level AA e Large Text Large scale text and images of large scale text have acontrast ratio of at least 3 1 e Incidental Text or images of text that are part of an inactive user interface component that are pure decoration that are not visible to anyone or that are part of a picture that contains significant other visual content have no contrast requirement e Logotypes Text that is part of a logo or brand name has no minimum contrast requirement RFP50 N 19 COMPUTER SOFTWARE
85. ive agreement 2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency A Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract grant loan or cooperative agreement the undersigned shall complete and submit Standard Form LLL Disclosure Form to Report Lobbying in accordance with its instructions 3 The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers including subcontracts subgrants and contracts under grants loans and cooperative agreements and that all subrecipients shall certify and disclose accordingly This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U S C 1352 Any person who fails to file the required certification shall be subject to a civil penalty of not less than 10 000 and not more than 100 000 for each such failure Organization Name Name and Title of Official Signing for Organization By Signature of Official RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 27 RFP50 INSURANCE Contractor shall not commence wor
86. k under the contract until they have obtained all the insurance described below and the State of Minnesota has approved such insurance Contractor shall maintain such insurance in force and effect throughout the term of the contract Contractor is required to maintain and furnish satisfactory evidence of the following insurance policies 1 Workers Compensation Insurance Except as provided below Contractor must provide Workers Compensation insurance for all its employees and in case any work is subcontracted Contractor will require the subcontractor to provide Workers Compensation insurance in accordance with the statutory requirements of the State of Minnesota including Coverage B Employer s Liability Insurance minimum limits are as follows 100 000 Bodily Injury by Disease per employee 500 000 Bodily Injury by Disease aggregate 100 000 Bodily Injury by Accident If Minnesota Statute 176 041 exempts Contractor from Workers Compensation insurance or if the Contractor has no employees in the State of Minnesota Contractor must provide a written statement signed by an authorized representative indicating the qualifying exemption that excludes Contractor from the Minnesota Workers Compensation requirements If during the course of the contract the Contractor becomes eligible for Workers Compensation the Contractor must comply with the Workers Compensation Insurance requirements herein and provide the St
87. least 30 days prior to the sale transfer assignment or other disposition of the Contract Failure to do so may result in the Contract Vendor being held in default This consent requirement includes reassignment of the Contract due to a change in ownership merger or acquisition of the Contract Vendor or its subsidiary or affiliated corporations This section shall not be construed as prohibiting the Contract Vendor s right to assign the Contract to corporations to provide some of the services hereunder Notwithstanding the foregoing acknowledgment the Contract Vendor shall remain solely liable for all performance required and provided under the terms and conditions of the Contract CHANGE REQUESTS The State reserves the right to request during the term of the Contract changes to the products offered Products introduced during the term of the Contract shall go through a formal review process A formal process of changing the Contract shall be developed during the negotiation of the Contract The Contract Vendor shall evaluate and recommend products for which agencies have an expressed need The State shall require the Contract Vendor to provide a summary of its research of those products being recommended for inclusion in the Contract as well as defining how adding the product will enhance the Contract The State may request that products other than those recommended are added to the Contract In the event that the State desires to add new produc
88. lt in a successful Contract PAYMENT Minn Stat 16A 124 requires payment within 30 days following receipt of an undisputed invoice merchandise or service whichever is later Terms requesting payment in less than 30 days will be changed to read Net 30 days The ordering entity is not required to pay the Contract Vendor for any goods and or services provided without a written purchase order or other approved ordering document from the appropriate purchasing entity In addition all goods and or services provided must meet all terms conditions and specifications of the Contract and the ordering document and be accepted as satisfactory by the ordering entity before payment will be issued Conditions of Payment The Contract Vendor under this Contract must be in accordance with the Contract as determined by the sole discretion of the State s Authorized Representative and be in accordance with all applicable federal state and local laws ordinances rules and regulations including business registration requirements of the State s Office of the Secretary of State TAXES DO NOT add sales tax to the prices being offered Unless otherwise instructed by the State state agencies will pay all applicable taxes to the Department of Revenue using the Direct Payment Permit 1114 Vendors may go to http www revenue state mn us regarding applicable sales tax Fact Sheet 142 If orders are issued by Cooperative Purchasing Venture CPV Members th
89. ms and conditions will result in the award of the maximum points available Responders should note that the State reserves the right to pursue negotiations on any exception taken In the event that negotiated terms cannot be reached the State reserves the right to reject the proposal Responders should also note that the awarding of points does not automatically mean that the State has accepted the Responder s proposed language If only one response is submitted to the solicitation the State reserves the right to review the response submitted for compliance and to award without assigning points or to reject the offer and re issue the solicitation whatever is in the State s best interest RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 31 Phase Ill Select Finalist s Only those responses that are found to be responsive under Phases and Il will be considered in Phase III The State reserves the right to request oral presentations and or Best amp Final offers by the responders and the opportunity to interview key personnel during Phase II and or Ill The State reserves the right to select the number of responders for the Best amp Final offer oral presentations and or to enter into negotiations The evaluation scores may be revised as a result of the responses to the oral presentations Best amp Final Offer and or negotiations First consideration will be given to the responder s with the highest total points in the
90. n Sau Score 3 5 1 Automatically send electronic reports to users either on demand or at specified intervals Section 5 comment box Describe items with a score of 1 or 2 Comments are optional for items with other scores RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 53 RFP50 Appendix 4 Accessibility 50 Points 1 Vendor shall comply with accessibility requirements as identified in the State of Minnesota Standards Accessibility Standard document found at http mn gov oet images TA_S Accessibility 2011 04 29 pdf Publisher is fully aware of the State of MN IT Accessibility standards that incorporate both Section 508 of the Rehabilitation Act and Web Content Accessibility Guidelines 2 0 level AA This includes web sites software applications electronic reports and output documentation and training delivered in electronic formats e g documents videos webinars As upgrades are made to the solutions available through this agreement Publisher agrees to develop functionality which supports accessibility If any issues arise due to nonconformance with the above mentioned accessibility standards Publisher agrees to provide alternative solutions upon request at no additional charge to the State Training materials provided by the Vendor shall also be made fully accessible upon request Responder is to complete VPAT Section 508 of the Rehabilitation Act and VPAT Web Content Accessibility Guidelines 2 0 lev
91. n text alternatives at least provide descriptive identification of the non text content Sensory If non text content is primarily intended to create a specific sensory experience then text alternatives at least provide descriptive identification of the non text content CAPTCHA If the purpose of non text content is to confirm that content is being accessed by a person rather than a computer then text alternatives that identify and describe the purpose of the non text content are provided and alternative forms of CAPTCHA using output modes for different types of sensory perception are provided to accommodate different disabilities Decorative Formatting Invisible If non text content is pure decoration is used only for visual formatting or is not presented to users then it is implemented in a way that it can be ignored by assistive technology Guideline 1 2 Time based Media Provide alternatives for time based media 1 2 1 Audio only and Video only Prerecorded For prerecorded audio only and prerecorded video only media the following are true except when the audio or video is a media alternative for text and is clearly labeled as such Level A Prerecorded Audio only An alternative for time based media is provided that presents equivalent information for prerecorded audio only content Prerecorded Video only Either an alternative for time based media or an audio track is provided that presents equivalen
92. n that functionality will be considered unavailable and the status will be assigned a 0 If invited to do so the responder must demonstrate these functionalities or alternatives with an on site presentation at no cost to the state 3 Scope of the installation and technical support The license agreement must provide an installation scheme that supports segregated databases for 1 development and configuration 2 testing and quality assurance and 3 production These can be on the same or separate servers A fourth 4 database for disaster recovery must be installed on a separate server 4 on going technical support for the point of care installations and hosted service installation 5 Integration support for any components that need to connect to the MDH systems environment 4 Warranty Software Maintenance and Distance Training and On Site Training f awarded the Contract the Vendor must provide at a minimum a one year warranty on all software provided The warranty period shall commence upon the date of the State s acceptance of the software The Contract Vendor shall warrant that the software shall conform to the mandatory technical and performance requirements described in this RFP This includes but is not limited to software updates upgrades at no charge The Contract Vendor shall also warrant that the software shall perform and operate in accordance with the Contract Vendor s published specification documentation
93. n that is web driven vendor hosted and allows appropriate MDH staff to access the screening data using the major available internet browsers Project Benefits Benefits 1 Results will be reported to MDH via the Solution from all screening facilities in the same format This will improve data quality and allow for faster delivery of health care and other interventions 2 Solution will remove need for manual entry This will improve data quality and reduce MDH staff time 3 Direct reporting of results to MDH via the Solution will eliminate missing results This will allow for faster delivery of health care and other interventions and reduce staff time and program costs 4 Direct results reporting will provide complete data sets which allow for more thorough program evaluation and continuous quality improvement RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 47 5 Direct results reporting will reduce staff time at point of care facilities because they will not need to manually enter the results on a paper form 6 Solution will reduce health disparities in rural areas by ensuring that all facilities report screening data to MDH via the Solution in a timely fashion allowing for equal access to health care and intervention services High Level Architecture Description Instruments at the birth centers will collect data on critical congenital heart defects through pulse oximeters and hearing through hearing sc
94. nality available from a keyboard 2 1 1 Keyboard All functionality of the content is operable through a keyboard interface without requiring specific timings for individual keystrokes except where the underlying function requires input that depends on the path of the user s movement and not just the endpoints Level A RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 64 2 1 2 No Keyboard Trap If keyboard focus can be moved to a component of the page using a keyboard interface then focus can be moved away from that component using only a keyboard interface and if it requires more than unmodified arrow or tab keys or other standard exit methods the user is advised of the method for moving focus away Level A RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 65 Guideline 2 2 Enough Time Provide users enough time to read and use content 2 2 1 Timing Adjustable For each time limit that is set by the content at least one of the following is true Level A e Turn off The user is allowed to turn off the time limit before encountering it or e Adjust The user is allowed to adjust the time limit before encountering it over a wide range that is at least ten times the length of the default setting or e Extend The user is warned before time expires and given at least 20 seconds to extend the time limit with a simple action for example press the space bar and the user is allowed to ext
95. ned A facsimile transmission shall constitute sufficient notice provided the receipt of the transmission is confirmed by the receiving party Either party must notify the other of a change in address for notification purposes All notices to the State shall be addressed as follows Luke Jannett Fax 651 297 3996 Acquisition Management Specialist 50 Sherburne Avenue 112 Administration Bldg St Paul MN 55155 STATE AGENCY CONTRACT USE The State intends to use this RFP and the resulting Contract to meet its needs for goods and services purchased under the authority of the commissioner of Administration An exception will be made when the commissioner of Administration or authorized delegate determines that the State will achieve its best value by utilizing alternative procurement methods as specified in Minn Stat Ch 16C or other authorizing law The Contract must be used by State agencies unless a specific exception is granted by the Acquisition Management Specialist or authorized delegate or unless otherwise provided for in the Special Terms and Conditions MATERIAL DEVIATION A responder shall be presumed to be in agreement with these terms and conditions unless it takes specific exception to one or more of the conditions Submission by the responder of its proposed language shall not be viewed as an exception unless the responder specifically states in the response that its proposed changes are intended to supersede the State s term
96. ning and newborn screening for critical congenital heart defects The programs coordinate with local state and federal public health hospitals midwifes clinics and support groups to provide better care for Minnesota newborns Business Purpose Statement The overall project vision is to obtain a Direct Results Reporting Solution for point of care newborn screening The first project objective is to identify a system that allows for direct reporting of pulse oximetry data from the birth facility or birth provider to the proposed solution The second objective is to identify and build the MDH connection from the proposed system to the Minnesota Electronic Disease Surveillance System MEDSS The third objective is to build out the MEDSS system for NCFU and BDMA to receive select cases confirmed diagnoses The MEDSS system is MDH s branded implementation of Consilience Software s Maven product The purpose is to utilize an external service that allows for direct results reporting from the screening facility or provider to the solution This will include all current newborn point of care screens CCHD and hearing screening and allow for the inclusion of upcoming point of care newborn screens that may be added to the recommended universal screening panel i e hyperbilirubinemia The proposed scope for the system includes both a mechanism for interfacing with the point of care screening instruments and or facilities and a secure database solutio
97. nks shall be provided for each active region of a server side image map f Client side image maps shall be provided instead of server side image maps except where the regions cannot be defined with an available geometric shape g Row and column headers shall be identified for data tables h Markup shall be used to associate data cells and header cells for data tables that have two or more logical levels of row or column headers i Frames shall be titled with text that facilitates frame identification and navigation j Pages shall be designed to avoid causing the screen to flicker with a frequency greater than 2 Hz and lower than 55 Hz k A text only page with equivalent information or functionality shall be provided to make a web site comply with the provisions of this part when compliance cannot be accomplished in any other way The content of the text only page shall be updated whenever the primary page changes When pages utilize scripting languages to display content or to create interface elements the information provided by the script shall be identified with functional text that can be read by Assistive Technology When a web page requires that an applet plug in or m other application be present on the client system to interpret page content the page must provide a link to a plug in or applet that complies with 1194 21 a through l R
98. ns of the Contract or for failure to pay the State for the cost incurred on the defaulted Contract PUBLICITY Any publicity given to the program publications or services provided resulting from a State Contract for goods or services including but not limited to notices informational pamphlets press releases research reports signs and similar public notices prepared by or for the Contract Vendor or its employees individually or jointly with others or any subcontractors shall identify the State as the sponsoring agency and shall not be released unless such release is a specific part of an approved work plan included in the Contract prior to its approval by the Materials Management Division Acquisition Management Specialist and the Department of Administration s Communication Office The Contract Vendor shall make no representations of the State s opinion or position as to the quality or effectiveness of the products and or services that are the subject of this Contract without the prior written consent of the Department of Administration Representations include any publicity including but not limited to advertisements notices press releases reports signs and similar public notices NOTICES If one party is required to give notice to the other under the Contract such notice shall be in writing and shall be effective upon receipt Delivery may be by certified United States mail or by hand in which case a signed receipt shall be obtai
99. ntages record the percentage per line here Line 1 Line 2 Line 3 Line 4 Use a separate sheet if more lines are needed The documentation must be clear and marked to show the applicable recycled content percentage Failure to state the PC recycled content will result in no preference You can still mark your product with the environmental code RC and state a percentage of post consumer content without documentation but that information will be used for reporting purposes and not to apply a preference Mercury As per Minnesota Statutes the State cannot buy mercury in thermometers and certain other products Please certify below if your product does or does not contain mercury The actual product specification will stipulate if mercury is prohibited Does your product contain mercury LI Yes CI No If yes list the components that contain mercury RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 22 STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION MATERIALS MANAGEMENT DIVISION TAXPAYER VENDOR IDENTIFICATION The Contract Vendor consents to disclosure of its social security number federal employer tax identification number and or Minnesota tax identification number to federal and State tax agencies and State personnel involved in the payment of State obligations These identification numbers may be used in the enforcement of federal and State tax laws which could result in action requiring the Contract Vendor
100. oftware MDH Only Page 1 Type or print clearly the name of the person who prepared the response OVERVIEW This Request for Proposal RFP describes a relationship to be established between the State and a responder to provide Newborn Screening Computer Software MDH Only The RFP also specifies contractual conditions and details the basis for the responses the subsequent review and the final selection process Detailed Contract obligations and measures of performance will be defined in the final negotiated Contracts The RFP shall not be construed to limit the State s right to issue or not issue any Contract to reject all proposals or to negotiate with more than one responder Specific rights are detailed elsewhere in this RFP Direct all correspondence and inquiries legal questions general issues or technical issues regarding this RFP to Luke Jannett Acquisition Management Specialist Fax 651 297 3996 Department of Administration E mail Luke Jannett state mn us Materials Management Division 50 Sherburne Avenue 112 Administration Building St Paul MN 55155 SCHEDULE OF EVENTS This section provides a tentative schedule of the critical project dates Responders should carefully examine and make certain they have a clear understanding of the requirements of the specified project milestones and the associated dates Event Date Scheduled Issue of RFP December 11 Cutoff Date for Questions December 17 at 3 00 PM CT Response Due Da
101. ommunications systems that require a response from a user within a time interval shall give an alert when the time interval is about to run out and shall provide sufficient time for the user to indicate more time is required e Where provided caller identification and similar telecommunications functions shall also be available for users of TTYs and for users who cannot see displays f For transmitted voice signals telecommunications products shall provide a gain adjustable up toa minimum of 20 dB For incremental volume control at least one intermediate step of 12 dB of gain shall be provided g If the telecommunications product allows a user to adjust the receive volume a function shall be provided to automatically reset the volume to the default level after every use h Where a telecommunications product delivers output by an audio transducer which is normally held up to the ear a means for effective magnetic wireless coupling to hearing technologies shall be provided i Interference to hearing technologies including hearing aids cochlear implants and assistive listening devices shall be reduced to the lowest possible level that allows a user of hearing technologies to utilize the telecommunications product RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 57 Products that transmit or conduct information or communication shall pass through cross manu
102. on should appear only on the cost proposal pages submitted separately in a sealed envelope Status 0 Unavailable Functionality does not exist currently 1 Partially Available Part of the functionality exists currently Describe the existing component s in the comments section 2 Alternative Functionality does not exist in the current release An alternative approach such as application development tools screen modification or report writer could be used Describe the alternative s in the comments section 3 Fully Available Functionality exists in the currently available release and it is included in the proposed cost Functionality can be demonstrated 4 Fully Available Functionality exists in the currently available release and it is included in the proposed amp In Use cost Functionality can be demonstrated and it is already in use at other client sites If the responder does not assign a status to any functionality then that functionality will be considered unavailable and the status will be assigned a 0 1 Screening Software Technical Specifications ae Status Item Description Score 3 1 1 User friendly results reporting user interface 3 1 2 Ability for audit log back up Section 1 comment box Describe items with a score of 1 or 2 Comments are optional for items with other scores 2 Database Technical Specifications Item Status Description Score 3 2 1 A
103. ordance with Minn Stat 363A 36 and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act d The contractor agrees to post in conspicuous places available to employees and applicants for employment notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights Such notices must state the contractor s obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment and the rights of applicants and employees e The contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding that the contractor is bound by the terms of Minn Stat 363A 36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons Consequences The consequences of a Contract Vendor s failure to implement its affirmative action plan or make a good faith effort to do so include but are not limited to suspension or revocation of a certificate of compliance by the commissioner refusal by the commissioner to approve subsequent plans and termination of all or part of the Contract by the commissioner or the State Certification The Contract Vendor hereby certifies that it is in compliance with the requ
104. own resources The retroactive or prior acts date of such coverage shall not be after the effective date of this Contract and Contractor shall maintain such insurance for a period of at least three 3 years following completion of the work If such insurance is discontinued extended reporting period coverage must be obtained by Contractor to fulfill this requirement C Additional Insurance Conditions RFP50 e Contractor s policy ies shall be primary insurance to any other valid and collectible insurance available to the State of Minnesota with respect to any claim arising out of Contractor s performance under this contract e If Contractor receives a cancellation notice from an insurance carrier affording coverage herein Contractor agrees to notify the State of Minnesota within five 5 business days with a copy of the cancellation notice unless Contractor s policy ies contain a provision that coverage afforded under the policy ies will not be cancelled without at least thirty 30 days advance written notice to the State of Minnesota e Contractor is responsible for payment of Contract related insurance premiums and deductibles e f Contractor is self insured a Certificate of Self Insurance must be attached e Contractor s policy ies shall include legal defense fees in addition to its liability policy limits with the exception of B 4 above e Contractor shall obtain insurance policy ies from insurance company ies having
105. pport the agency s mission regardless of format that contain visual information necessary for the comprehension of the content shall be audio described Display or presentation of alternate text presentation or audio descriptions shall be user selectable unless permanent Self Contained Closed products Standard Description Apply Yes No Meets Yes No Comments Section 508 1194 25 Self contained Closed products a Self contained products shall be usable by people with disabilities without requiring an end user to attach Assistive Technology to the product Personal headsets for private listening are not Assistive Technology When a timed response is required the user shall be alerted and given sufficient time to indicate more time is required Where a product utilizes touchscreens or contact sensitive controls an input method shall be provided that complies with 1194 23 k 1 through 4 When biometric forms of user identification or control are used an alternative form of identification or activation which does not require the user to possess particular biological characteristics shall also be provided RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 59 When products provide auditory output the audio signal shall be provided at a standard signal level through an industry standard connector that will allow fo
106. r private listening The product must provide the ability to interrupt pause and restart the audio at any time When products deliver voice output in a public area incremental volume control shall be provided with output amplification up to a level of at least 65 dB Where the ambient noise level of the environment is above 45 dB a volume gain of at least 20 dB above the ambient level shall be user selectable A function shall be provided to automatically reset the volume to the default level after every use Color coding shall not be used as the only means of conveying information indicating an action prompting a response or distinguishing a visual element When a product permits a user to adjust color and contrast settings a range of color selections capable of producing a variety of contrast levels shall be provided Products shall be designed to avoid causing the screen to flicker with a frequency greater than 2 Hz and lower than 55 Hz Products which are freestanding non portable and intended to be used in one location and which have operable controls shall comply with the following The position of any operable control shall be determined with respect to a vertical plane which is 48 inches in length centered on the operable control and at the maximum protrusion of the product within the 48 inch length on products which are freestanding non portable and intended to be used in one location and which ha
107. ract Vendor shall have 10 working days in which to fill the vacancy with an acceptable employee CONTRACT VENDOR PERSONNEL AND PROJECT MANAGEMENT If the need arises to add to or remove any of the Contract Vendor s key personnel named in the transmittal letter whether permanently or temporarily the Contract Vendor must provide written notification two weeks in advance to the Acquisition Management Specialist AMS This notice is only required if the change is for more than 10 consecutive work days excluding normal vacation leave If the Contract Vendor is adding personnel the written notification should include the proposed individual s name and his or her resume If the AMS does not approve the proposed change s the AMS will respond in writing within two weeks INQUIRIES Questions from prospective responders regarding this RFP shall be submitted in writing to the Acquisition Management Specialist AMS Luke Jannett state mn us no later than December 9 at 3 00 P M CT Contact regarding this RFP with any State personnel other than the AMS may result in rejection of the response RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 34 10 11 12 13 FUNDING OUT CLAUSE Notwithstanding paragraph 8 CANCELLATION OF THE CONTRACT of the General Terms and Conditions the State may immediately terminate this Contract if it does not obtain funding from the Minnesota Legislature beyond June 30 or another funding source if fun
108. rchasing Venture CPV customers regarding whether a product is in compliance with the Energy Star Standards The Contract Vendor s catalog and other marketing materials utilized to offer products under the Contract must state when a product is not in compliance with the Energy Star Standards If any descriptive marketing materials are silent as to these requirements the Contract Vendor agrees that the customer can assume the product meets or exceeds the Energy Star Standards COPYRIGHT The responder shall save and hold harmless the State of Minnesota its officers agents servants and employees from liability of any kind or nature arising from the use of any copyrighted or not copyrighted composition secret process patented or not patented invention article or appliance furnished or used in the performance of the Contract NONDISCLOSURE OF CONFIDENTIAL INFORMATION The State agrees to protect all properly identified Contract trade secret material as the term trade secret is defined in Minn Stat 13 37 In the event a request is made for information which the Contract Vendor has identified as trade secret the State agrees to notify the Contract Vendor of said request and provide its determination as to whether disclosure is legally required in addition to anticipated disclosure dates if any and to allow the Contract Vendor an opportunity in its discretion and at its sole expense to seek a protective order or otherwise protect the confi
109. rect and reliable functioning and approved tested by MDH The Contract Vendor shall work with the MDH staff to demonstrate and verify functionality of the Direct Results Reporting solution as well as any custom features features requiring development and specific to MDH processes that are incorporated Before acceptance of the software the State will perform a good faith effort to ensure that the product meets mandatory technical and performance requirements described in the RFP and any other requirements described in the Contract Once the Direct Results Reporting Solution is deemed to meet the defined mandatory technical and performance requirements described in the RFP an authorized representative of MDH will signify that the Direct Results Reporting installation configuration and integration are complete Upon satisfactory conclusion of these steps the State will accept the software with 14 days N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 42 B2 RFP50 While not held responsible for delays caused by the MDH the Contract Vendor is expected to support on time delivery of a go live product to occur within six 6 months of the Contract award Assuming that the MDH staff is performing its associated duties with sufficient quality and timeliness the responder is to describe their ability to meet the schedule described herein Desired Capabilities Desirable DRR Functionalities 350 Points Desirable features of
110. reening devices Otoacoustic Emissions OAE and Automated Auditory Brainstem Response AABR Data will export from the instrument to a computer in the birth center that is running the solution That software contains algorithms that determine pass fail from the screening data Those data including both pass fail results and the data points used in the algorithm that calculates the pass fail will be sent to the database The solution will also produce a birth notification record for that screened infant In those cases where it is not possible to automatically export from the screening instrument to the software solution the data and or pass fail record will be hand entered into the software by the birth center staff MDH Newborn Screening Program will access the database through a web browser Cases that are determined to be a confirmed positive by MDH Newborn Screening Program staff will be sent from the software solution to MEDSS EHDI or MEDSS Heritable Conditions using HL7 2 5 1 messaging via PHINMS for use by the MDH Newborn and Child Follow Up staff HEARING MDH SCREENING NEWBORN RESULTS SCREENING PH PROGRAM x NEWBORN f BIRTH CENTER ADMISSION pril INFO PHI f jp echo V SCREENING 7 RESULTS PH MDH MEDSS RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 48 Appendix 2 Table of Mandatory Direct Results Reporting Solution R
111. result of such failure to proceed shall be borne by the responsible party HUMAN RIGHTS AFFIRMATIVE ACTION The State requires affirmative action compliance by its Contract Vendors in accordance with Minn Stat 363A 36 and Minn R 5000 3400 to 5000 3600 a Covered contracts and Contract Vendors One time acquisitions or a contract for a predetermined amount of goods and or services where the amount of your response is in excess of 100 000 requires completion of the Affirmative Action Certification page If the solicitation is for a contract for an indeterminate amount of goods and or services and the State estimated total value of the contract exceeds 100 000 whether it will be a multiple award contract or not you must complete the Affirmative Action Certification page If the contract dollar amount or the State estimated total contract amount exceeds 100 000 and the Contract Vendor employed more than 40 full time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principal place of business the Contract Vendor must comply with the requirements of Minn Stat 363A 36 subd 1 and Minn R 5000 3400 to 5000 3600 A Contract Vendor covered by Minn Stat 363A 36 subd 1 and Minn R 5000 3400 to 5000 3600 that had more than 40 full time employees within Minnesota on a single working day during the previous 12 months must have a certificate of compliance issued by the commission
112. ring this period must be provided by phone on line e mail and in person Technical support includes troubleshooting system maintenance and software upgrades 2 5 2 Provide a physical database model and data dictionary 2 5 3 Provide an administrator manual and a user manual Section 5 comment box RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 50 6 Training and Technical Support Item Description Fully Available 2 6 1 Provide on site training as requested by The State 2 6 2 Provide distance training as requested by The State 2 6 3 Technical support must be provided by phone on line e mail instant messaging or in person Technical support includes troubleshooting system maintenance and software upgrades Section 6 comment box RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 51 Appendix 3 Table of Desirable Direct Results Reporting Solution Functionalities Note that scores of 0 1 2 3 or 4 are permissible Responders must include comments for items scored as 1 or 2 Use the comments boxes or separate sheets as necessary for comments Responders are encouraged to describe functionalities other than those listed in Appendix 2 and Appendix 3 which exist currently in the vendor s Direct Results Reporting Solution Documentation of any estimated additional costs associated with alternatives or customizati
113. ro they are 2 4 1 Bypass Blocks A mechanism is available to bypass blocks of content that are repeated on multiple Web pages Level A 2 4 2 Page Titled Web pages have titles that describe topic or purpose Level A vide ways to help users navigate find content and determine where RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 66 2 4 3 Focus Order If a Web page can be navigated sequentially and the navigation sequences affect meaning or operation focusable components receive focus in an order that preserves meaning and operability Level A 2 4 4 Link Purpose In Context The purpose of each link can be determined from the link text alone or from the link text together with its programmatically determined link context except where the purpose of the link would be ambiguous to users in general Level A 2 4 5 Multiple Ways More than one way is available to locate a Web page within a set of Web pages except where the Web Page is the result of or a step in a process Level AA 2 4 6 Headings and Labels Headings and labels describe topic or purpose Level AA 2 4 7 Focus Visible Any keyboard operable user interface has a mode of operation where the keyboard focus indicator is visible Level AA 2 4 8 Location Information about the user s location within a set of Web pages is available Level AAA 2 4 9 Link Purpose Link Only A m
114. rs and change control plan Within one 1 month following the effective date of the Contract the Contract Vendor shall begin set up and installation of the hearing screening EHDI portion of the Direct Results Reporting solution within hearing screening facilities and shall complete the installation within six 6 months of the effective date of the Contract Within one 1 month following the effective date of the Contract the Contract Vendor shall assist and train MDH staff to access and use the hearing screening EHDI portion of the Direct Results Reporting remotely hosted database The Contract Vendor shall confirm that the software has been installed successfully according to the vendor s specifications for correct and reliable functioning Within six 6 months following the effective date of the Contract the Contract Vendor shall begin set up and installation of the critical congenital heart defects CCHD portion of the Direct Results Reporting solution within screening facilities and shall complete the installation within twelve 12 months of the effective date of the Contract Within six 6 months following the effective date of the Contract the Contract Vendor shall assist and train MDH staff to access and use the CCHD portion of the Direct Results Reporting solution remotely hosted database The Contract Vendor shall confirm that the software has been installed successfully according to the contract vendor s specifications for cor
115. rwise provided for in the Special Terms Conditions and Specifications the award of this solicitation will be based upon the total accumulated points as established in the RFP for separate items by grouping items or by total lot and where at its sole discretion the State believes it will receive the best value The State reserves the right to award this solicitation to a single responder or to multiple responders whichever is in the best interest of the State The State reserves the right to accept all or part of an offer to reject all offers to cancel the solicitation or to re issue the solicitation whichever is in the best interest of the State The evaluation team will make a recommendation s on the award of this RFP The commissioner of Administration or designee may accept or reject the recommendation of the evaluation team The final award decision will be made by the commissioner of Administration or designee ANTITRUST The Contract Vendor hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and or services provided in connection with the Contract resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State INSURANCE Prior to execution of the Contract if specified in the Special Terms and Conditions the successful Responder will be required to provide a copy of a Certificate of Insurance including the workers compensation ins
116. s Standard Description Apply Yes No Meets Yes No Comments Section 508 1194 24 Video and Multi media prod ucts a All analog television displays 13 inches and larger and computer equipment that includes analog television receiver or display circuitry shall be equipped with caption decoder circuitry which appropriately receives decodes and displays closed captions from broadcast cable videotape and DVD signals As soon as practicable but not later than July 1 2002 widescreen digital television DTV displays measuring at least 7 8 inches vertically DTV sets with conventional displays measuring at least 13 inches vertically and stand alone DTV tuners whether or not they are marketed with display screens and computer equipment that includes DTV receiver or display circuitry shall be equipped with caption decoder circuitry which appropriately receives decodes and displays closed captions from broadcast cable videotape and DVD signals Television tuners including tuner cards for use in computers shall be equipped with secondary audio program playback circuitry All training and informational video and multimedia productions which support the agency s mission regardless of format that contain speech or other audio information necessary for the comprehension of the content shall be open or closed captioned All training and informational video and multimedia productions which su
117. s C 18 Technology NIST Recommended Security Controls for Federal Information Systems and NO O Organizations Special Publication 800 53 N A Ol revision 4 for Moderate systems Independent Security audits of the system solution service processes and data centers used to provide the services solution yes 19 are conducted at least annually Audits are performed in accordance to SSAE16 SOC 2 or NO L equivalent e g FedRAMP industry security N AL standards Contracted vendor will provide the most recent independent physical and logical audit results to the State of Minnesota RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 70 Meets amp will Question Requirement Comply with Describe Requirement The Contract Vendor will coordinate disaster recovery and business continuity processes and YES O 20 plans with the State of Minnesota and will NO B provide the State of Minnesota with a detailed disaster recovery continuity of operations plan N A O as part of their response The proposal must provide a detailed YES 21 explanation of the security features that are an noL built into the proposed system solution service N A L The vendor will identify how they will meet the Minnesota Government Data Practices Act Minnesota Statutes chapter 13 this includes federal law that might classify the YES L 22 data as Not Public Please respond with Yes No _ or No If Yes please
118. s procedures for compliance review and contract consequences for noncompliance The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn R 5000 3400 5000 3600 including but not limited to parts 5000 3420 5000 3500 and parts 5000 3552 5000 3559 Disabled Workers Minn R 5000 3550 provides the Contract Vendor must comply with the following affirmative action requirements for disabled workers AFFIRMATIVE ACTION FOR DISABLED WORKERS a The contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified The contractor agrees to take affirmative action to employ advance in employment and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following employment upgrading demotion or transfer recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship b The contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act c Inthe event of the contractor s noncompliance with the requirements of this clause actions for noncompliance may be taken in acc
119. s and conditions RESPONDERS ARE CAUTIONED THAT BY TAKING ANY EXCEPTION THEY MAY BE MATERIALLY DEVIATING FROM THE REQUEST FOR PROPOSAL IF A RESPONDER MATERIALLY DEVIATES FROM THE GENERAL TERMS CONDITIONS AND INSTRUCTIONS OR THE SPECIAL TERMS AND CONDITIONS AND OR SPECIFICATIONS ITS RESPONSE MAY BE REJECTED RFP51 11 26 13 N 19 Newborn Screening Computer Software MDH Only Page 8 35 36 37 A material deviation is an exception to the Request for Proposal general or special terms and conditions and or specifications that a gives the responder taking the exception a competitive advantage over other vendors or b gives the State something significantly different from that which the State requested OWNERSHIP a Ownership of Documents Copyright Any reports studies photographs negatives databases computer programs or other documents whether in tangible or electronic forms prepared by the Contract Vendor in the performance of its obligations under the Contract and paid for by the State shall be the exclusive property of the State and all such material shall be remitted to the State by the Contract Vendor upon completion termination or cancellation of the Contract The Contract Vendor shall not use willingly allow or cause to allow such material to be used for any purpose other than performance of the Contract Vendor s obligations under this Contract without the prior written consent of the State b Rights Title and Int
120. s are instructed to include with their bid any license agreements service level agreements maintenance agreements third party agreements escrow agreements or any other documents pertinent to this product Review and approval by the State will be required prior to final award Failure to provide any of the pertinent documents with your response may result in the State not agreeing to sign any additional documents rejecting your response and or cancelling the award to your company At a minimum the Contract Vendor shall comply with the following A The terms and conditions that afford the State the right to use the Direct Results Reporting Solution must allow migration from one server to another during the course of this ensuing Contract at no charge to the State B The terms and conditions of the license that afford the State the right to use the Direct Results Reporting product must extend to the State s employees consultants Contract Vendors and state mandated screeners agents C The terms and conditions of the license must allow for a perpetual software license agreement such that the State can rightfully continue to use the software beyond the termination date of the contract unless a breach of terms occurs D The State understands that the Direct Results Reporting product may be a proprietary product and is protected by copyright law Nonetheless the State reserves the right to copy the Direct Results Reporting product as require
121. s is asserted am claiming that aspects of my response contain trade secret information have completed the following have clearly marked and placed any data claim to be trade secret information in a separate envelope AND am attaching an explanation justifying the trade secret designation including but not limited to providing explanation of all three items numbers 1 3 above Please note that failure to attach an explanation may result in a determination that the data does not meet the statutory trade secret definition All data that does not meet the definition of trade secret as defined by Minn Stat 13 37 subd 1 b will become public in accordance with Minn Stat 13 591 The State reserves its right to make its own determination of Responder s Trade Secret Materials By submitting this response responder agrees to indemnify and hold the State its agents and employees harmless from any claims or causes of action relating to the State s withholding of data based upon reliance on the above representations including the payment of all costs and attorney fees incurred by the State in defending such an action ONLY information properly identified utilizing this from will be eligible for Trade Secret designation This form must accompany any documentation that is being submitted for Trade Secret This includes but is not limited to any material that may be submitted as part of the solicitation response or
122. s paid to the Contract Vendor pursuant to this contract provided that MDH notifies the Contract Vendor in writing within fifteen 15 days after testing the program fix error correction or substitute products and such testing results in the products still being in substantial error nonconformance to the mandatory technical and performance requirements of the contract Upon termination of the Contract due to breach of warranty MDH shall return to the Contract Vendor at the Contract Vendor s expense all products licensed hereunder within thirty 30 days of written termination notification Vendor must receive State certification in writing that all software has been removed from state owned hardware The Contract Vendor shall identify in writing all third party warranties that the Contract Vendor receives in connection with any product provided to the State The Contract Vendor hereby passes through the benefits of all such warranties provided that nothing in this section shall reduce or limit the Contract Vendor s obligations under this contract N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 40 SECTION Ill DESIRED CAPABILITIES amp EXPERIENCE B DESIRED CAPABILITIES The second phase of evaluation will apply to only those responses that the State judges to be compliant with all required capabilities The second phase of the evaluation will be an assessment of desired capabilities Responders are instructed to provide responses to e
123. ssionals health educators biologists chemists epidemiologists and engineers MDH s Newborn Screening Program Newborn and Child Follow Up Unit NCFU and Birth Defects Monitoring and Analysis BDMA Program focuses on statewide testing and surveillance for early detection of heritable and or congenital disorders The Newborn Screening Program is a state mandated program in place to screen newborns for treatable congenital and heritable diseases and to ensure that all children with a positive screen get the follow up testing and care they need Annually the laboratory screens nearly 70 000 infants for more than 50 treatable life threatening congenital and heritable disorders NCFU is part of Children and Youth with Special Health Needs and is charged with helping families affected with a newborn screening disorder navigate the healthcare system providing links to the most appropriate care and empowering parents with disease specific information BDMA as a result of Minnesota state legislation gathers data about selected birth defects diagnosed in the first year of life It is estimated that BDMA receives information on over 2 000 babies born in Minnesota each year The core activities of the Newborn Screening Program NCFU and BDMA are not limited only to those disorders screened for by the state lab They also include follow up on positive test results generated from two screens performed on newborns in the hospital newborn hearing scree
124. sted in the Special Terms and Conditions this shall not be construed as either the minimum or the maximum amount It shall also be understood and accepted by the responder that any quantities shown in this RFP are estimated quantities only and impose no obligation upon the State either minimum or maximum 2 PREPARATION OF RESPONSE a ALTERATIONS Any alteration particularly in the price used to determine the successful response may be rejected unless the alteration is initialed by the person authorized to contractually obligate the responder Proof of authorization shall be provided upon request The use of correction fluid or typewriter correction tape is considered an alteration b An AUTHORIZED SIGNATURE is required The response must be in the legal name of the firm or business and must be fully and properly executed and signed by an officer or other authorized representative who shall state his her title ONE ORIGINAL and THREE COPIES of the response are requested Proof of authority of the person signing the response shall be furnished upon request If the responder is a corporation a secretarial certificate of an excerpt of the corporate minutes showing that the signing officer has authority to contractually obligate the corporation shall be furnished Where the corporation has designated an attorney in fact the ordinary power of attorney should be furnished If the responder is a partnership a letter of authorization shall be furnished
125. t information for prerecorded video only content RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 62 1 2 2 Captions Prerecorded Captions are provided for all prerecorded audio content in synchronized media except when the media is a media alternative for text and is clearly labeled as such Level A 1 2 3 Audio Description or Media Alternative Prerecorded An alternative for time based media or audio description of the prerecorded video content is provided for synchronized media except when the media is a media alternative for text and is clearly labeled as such Level A 1 2 4 Captions Live Captions are provided for all live audio content in synchronized media Level AA 1 2 5 Audio Description Prerecorded Audio description is provided for all prerecorded video content in synchronized media Level AA Guideline 1 3 Adaptable Create content that can be presented in different ways for example simpler layout without losing information or structure 1 3 1 Info and Relationships Information structure and relationships conveyed through presentation can be programmatically determined or are available in text Level A 1 3 2 Meaningful Sequence When the sequence in which content is presented affects its meaning a correct reading sequence can be programmatically determined Level A 1 3 3 Sensory Character
126. t as the transport protocol HL7 2 5 1 as the information format LOINC and SNOMED as the encoding Section 1 comment box 2 Screening Software Specifications Item Description Wo 2 2 1 Commercially available and configurable Ability to create a birth notification to establish new patient record Basic 222 demographic information will include but not limited to patient name lt gt date of birth birth weight gestational age medical record number address mother s name and birth center name 223 CCHD and EHDI screening algorithms used must be federally and or a state recommended clinical decision support 2 2 4 Ability for screeners to manually enter data 295 Screening algorithm can be modified so that it can meet changes in ms federal and or state recommended protocols 2 2 6 Screening algorithm result can be manually overridden by the screener 2 2 7 Screening software access is based on login authentication Ability to provide audit log of data captured from the screening device 2 2 8 and manually entered data as well as the identity of who created and or modified the data file 2 2 9 Meets MDH IT standards in Appendix 5 RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 49 2 2 10 Allow authorized non MDH users to be able to securely access approved records and cases Section 2 comment box 3 Database Specifications
127. tailed response to this form and 2 how accessible your product is Comments section must be filled in NOTE MN only adopted the standards that are level A and level AA This list includes level AAA standards which are optional and highlighted in yellow Comments are not required for level AAA Principle 1 Perceivable information and user interface components must be presentable to users in ways they can perceive Standard Description Apply Yes No Meets Yes No Comments mandatory Guideline 1 1 Text Alternatives Provide text alternatives for any non text content so that it can be changed into other forms people need such as large print braille speech symbols or simpler language 1 1 1 Non text Content All non text content that is presented to the user has a text alternative that serves the equivalent purpose except for the situations listed below Level A Controls Input If non text content is a control or accepts user input then it has a name that describes its purpose Refer to Guideline 4 1 for additional requirements for controls and content that accepts user input Time Based Media If non text content is time based media then text alternatives at least provide descriptive identification of the non text content Refer to Guideline 1 2 for the additional requirements for media Test If non text content is a test or exercise that would be invalid if presented in text the
128. te its agents and employees from any judgments awarded against the State in favor of the party requesting the materials and any and all costs connected with that defense This indemnification survives the State s award of a Contract In submitting a response to the RFP the responder agrees that this indemnification RFP51 11 26 13 N 19 Newborn Screening Computer Software MDH Only Page 5 17 18 20 21 survives as long as the trade secret materials are in possession of the State The State is required to keep all the basic documents related to its Contracts including responses to RFPs for a minimum of seven years The State will not consider the prices submitted by the responder to be trade secret materials RIGHTS RESERVED Notwithstanding anything to the contrary the State reserves the right to a reject any and all responses received b select for contracts or for negotiations a response other than that with the lowest cost c waive or modify any informalities irregularities or inconsistencies in the responses received d negotiate any aspect of the proposal with any responder and negotiate with more than one responder e request a BEST and FINAL OFFER if the State deems it necessary and desirable and f terminate negotiations and select the next response providing the best value for the State prepare and release a new RFP or take such other action as the State deems appropriate if negotiations fail to resu
129. te December 24 at 3 00 PM CT SUBMITTING QUESTIONS The deadline for submitting questions is December 17 2013 at 3 00 PM CT Questions must be submitted in writing to the Acquisition Management Specialist AMS listed above All questions received by the cutoff date and time will be responded to via an addendum to official solicitation holders Contact regarding this RFP with any State personnel other than the AMS may result in rejection of the response PROPOSAL PREPARATION NOTE Responses are to be prepared and presented in the same sequential order as the questions and requests for comments are presented in this document Responses deviating from the request for proposal format and organization may be removed from further consideration Responses are expected to provide a straightforward and concise description of the responder s ability to meet the requirements Submit 1 ORIGINAL and 3 COPIES of the response in written form Do not include the pricing components sheets which are to be submitted separately as stated below The original copy of the response must be signed by an authorized member of the firm and marked Original Only submit one pricing document no extra copies in a separate sealed envelope marked Pricing Proposal Responses are to be sealed in mailing envelopes or packages with the responder s name and address clearly written on the outside Also submit an electronic copy on CD or Flash Drive of your RFP entire respons
130. tecture Describe basic hardware and software components and describe the networking scheme of the system Provide a system flow List the key features of the proposed system State which components are part of the basic offering Describe any optional offerings that are available for integration into the proposed system now or in the future Adhere to the technical and software specifications listed as mandatory requirements in Appendix 2 Data storage Describe the expected storage and archiving needs of the proposed solution Describe required maintenance procedures that must be performed routinely such as back up procedures or building re building of reference tables and data tables and who is responsible for the procedure Describe how these procedures will affect the user and their impact on system downtime N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 41 RFP50 Security Describe your compliance with the standards and policies described in Appendix 5 Guidance regarding standards for software applications procured by the Minnesota Department of Health Training Describe your approach to customer training Describe each phase of your training and provide an estimate of time required to perform training Ongoing technical support and training Describe the level of technical support and training distance and on site that will be provided at the hosted service facility MDH and the point of care facilities providers Birt
131. tents of the RFP response have not been communicated by the responder or its employees or agents to any person not an employee or agent of the responder and will not be communicated to any such persons prior to the official opening of the responses and 4 certify that the statements in this affidavit are true and accurate Authorized Signature Date Firm Name Subscribed and sworn to me this _ day of Notary Public My commission expires RFP51 11 26 13 N 19 Newborn Screening Computer Software MDH Only Page 19 STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION MATERIALS MANAGEMENT DIVISION SERVICE AND DELIVERY Service and delivery are important requirements for all State Contracts The successful responder will be expected to ship all orders within the time specified in its response or in the case of unanticipated problems causing a delay notify the agency of the problem and when the shipment will be made All requests for information from State agencies will be answered promptly A copy of all correspondence to State agencies shall be sent to Acquisitions Materials Management Division 112 Administration Building St Paul MN 55155 Any Contract Vendor found to be providing unsatisfactory service during the Contract period may be disqualified for a subsequent Contract award SUBSEQUENT CONTRACT REVISIONS No verbal or written instructions from State agencies or officials to change any provision of the resulting
132. terface for those accessibility features has been documented by the manufacturer of the operating system and is available to the product developer A well defined on screen indication of the current focus shall be provided that moves among interactive interface elements as the input focus changes The focus shall be programmatically exposed so that Assistive Technology can track focus and focus changes Sufficient information about a user interface element including the identity operation and state of the element shall be available to Assistive Technology When an image represents a program element the information conveyed by the image must also be available in text When bitmap images are used to identify controls status indicators or other programmatic elements the meaning assigned to those images shall be consistent throughout an application s performance Textual information shall be provided through operating system functions for displaying text The minimum information that shall be made available is text content text input caret location and text attributes Applications shall not override user selected contrast and color selections and other individual display attributes When animation is displayed the information shall be displayable in at least one non animated presentation mode at the option of the user Color coding shall not be used as the only means of conveying information indicatin
133. ticipant agrees by submitting this response that should the proposed covered transaction be entered into it shall not Knowingly enter into any lower tier covered transaction subcontract equal to or exceeding 25 000 with a person who is proposed for debarment under 48 CFR part 9 subpart 9 4 debarred suspended declared ineligible or voluntarily excluded from participation in this covered transaction unless authorized by the department or agency with which this transaction originated The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled Certification Regarding Debarment Suspension Ineligibility and Voluntary Exclusion Lower Tier Covered Transaction without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9 subpart 9 4 debarred suspended ineligible or voluntarily excluded from covered transactions unless it knows that the certification is erroneous A participant may decide the method and frequency by which it determines the eligibility of its principals Each participant may but is not required to check the list of parties excluded from federal procurement and nonprocurement programs Nothing contained in
134. tion Certification Page Revised 8 13 MDHR ES eer tot 15 e 5 Kite R Trade Secret Information Form Under Minnesota s Data Practices Act data submitted in a response becomes public upon completion of the evaluation process and negotiations are complete or upon completion of the selection process for a solicitation However trade secret information as defined in Minn Stat 13 37 subd 1 b cannot be disclosed to the public While the majority of data submitted in a response is not trade secret information the following form is needed to assist the State in making appropriate determinations about the release of data provided in a response All responders must select one of the following boxes My response does not contain trade secret information understand that my entire response will become public record in accordance with Minn Stat 13 591 My response does contain trade secret information because it contains data that 1 is a formula pattern compilation program device method technique or process AND 2 is the subject of efforts by myself or my organization that are reasonable under the circumstances to maintain its secrecy AND 3 derives independent economic value actual or potential from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use Complete only if trade secret statu
135. to a Request for Proposal RFP the preference is applied as detailed in the RFP If you are claiming the veteran owned preference attach documentation sign and return this form with your response to the solicitation Only eligible veteran owned small businesses that meet the statutory requirements and provide adequate documentation will be given the preference E VERIFY CERTIFICATION By submission of a response for services in excess of 50 000 the responder certifies that as of the date of services performed on behalf of the State the responder and all its subcontractors will have implemented or be in the process of implementing the federal E Verify program for all newly hired employees in the United States who will perform work on behalf of the State This is required by Minnesota Statutes Section 16C 075 In the event of contract award the contract vendor shall be responsible for collecting all subcontractor certifications and may do so utilizing the E Verify Subcontractor Certification Form available on our MMD website All subcontractor certifications must be kept on file with the contract vendor and made available to the State upon request PREVAILING WAGE If this solicitation involves a project which includes erection construction remodeling or repairing of a public building or other public work financed in whole or part by State funds then pursuant to Minn Stat 177 30 32 177 41 44 and corresponding Minn R 5200 1000 to 5200 11
136. to file tax returns and pay delinquent tax liabilities if any Minn Stat 270C 65 Firm Name Address Minnesota SWIFT Vendor Registration Number If you are not registered as a vendor to the State in the SWIFT Procurement System you must register online at http www mmb state mn us vendorresources Note If approved you will receive your vendor number approximately two business days after you register Are you a sole proprietorship Yes No Are you an independent contractor Yes No RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 23 STATE OF MINNESOTA RESIDENT VENDOR FORM In accordance with Laws of Minnesota 2013 Chapter 142 Article 3 Section 16 amending Minn Stat 16C 02 subd 13 a Resident Vendor means a person firm or corporation that 1 is authorized to conduct business in the state of Minnesota on the date a solicitation for a contract is first advertised or announced It includes a foreign corporation duly authorized to engage in business in Minnesota 2 has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid or proposal for which any preference is sought 3 has a business address in the state and 4 has affirmatively claimed that status in the bid or proposal submission To receive recognition as a Minnesota Resident Vendor Resident Vendor your company must meet each elem
137. to the release of the data by either the Contract Vendor or the State The Contract Vendor agrees to indemnify save and hold the State of Minnesota its agent and employees harmless from all claims arising out of resulting from or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act and where applicable the Rules of Public Access to Records of the Judicial Branch including legal fees and disbursements paid or incurred to enforce this provision of the Contract In the event that the Contract Vendor subcontracts any or all of the work to be performed under the Contract the Contract Vendor shall retain responsibility under the terms of this paragraph for such work DISPOSITION OF RESPONSES All materials submitted in response to this RFP will become property of the State and will become public record after the evaluation process is completed and an award decision made If the responder submits information in response to this RFP that it believes to be trade secret materials as defined by the Minnesota Government Data Practices Act Minn Stat 13 37 the responder must a clearly mark all trade secret materials in its response at the time the response is submitted b include a statement with its response justifying the trade secret designation for each item and c defend any action seeking release of the materials it believes to be trade secret and indemnify and hold harmless the Sta
138. ts and services that are not included in the original Contract the State requires that independent manufacturers and resellers cooperate with the already established Contract Vendor in order to meet the State s requirements Evidence of the need to add products or services should be demonstrated to the State The Contract shall be modified via supplement or amendment The State will negotiate the inclusion of the products and services with the Contract Vendor No products or services will be added to the Contract without the State s prior approval RFP51 11 26 13 N 19 Newborn Screening Computer Software MDH Only Page 11 45 PREFERENCE a TG ED In accordance with Minn Stat 16C 16 Subds 6 and 7 eligible certified targeted group TG businesses and certified economically disadvantaged ED businesses will receive a 6 percent preference on the basis of award for this RFP The preference is applied only to the first 500 000 of the response to the RFP Eligible TG businesses must be currently certified by the Materials Management Division prior to the bid opening date and time To verify TG ED certification refer to the Materials Management Division s web site at www mmd admin state mn us under Vendor Information Directory of Certified TG ED Vendors To verify TG eligibility for preference refer to the Materials Management Division s web site under Vendor Information Targeted Groups Eligible for Preference in State Purc
139. uch as singing or rapping at least one of the following is true Level AAA e No Background The audio does not contain background sounds e Turn Off The background sounds can be turned off e 20dB The background sounds are at least 20 decibels lower than the foreground speech content with the exception of occasional sounds that last for only one or two seconds 1 4 8 Visual Presentation For the visual presentation of blocks of text a mechanism is available to achieve the following Level AAA e Foreground and background colors can be selected by the user e Width is no more than 80 characters or glyphs 40 if CJK e Text is not justified aligned to both the left and the right margins e Line spacing leading is at least space and a half within paragraphs and paragraph spacing is at least 1 5 times larger than the line spacing e Text can be resized without assistive technology up to 200 percent in a way that does not require the user to scroll horizontally to read a line of text on a full screen window 1 4 9 Images of Text No Exception Images of text are only used for pure decoration or where a particular presentation of text is essential to the information being conveyed Level AAA Principle 2 Operable User interface components and navigation must be operable Standard Description Apply Meets Comments Yes No Yes No Guideline 2 1 Keyboard Accessible Make all functio
140. urance coverage requirements of Minn Stat s 176 181 subd 2 and other coverages per the insurance requirements outlined in the solicitation GOVERNMENT DATA PRACTICES The Contract Vendor and the State must comply with the Minnesota Government Data Practices Act Minn Stat Ch 13 and where applicable if the State contracting party is part of the judicial branch with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time as it applies to all data provided by the State to the Contract Vendor and all data provided to the State by the Contract Vendor In addition the Minnesota Government Data Practices Act applies to all data created collected received stored used maintained or disseminated by the Contract Vendor in accordance with this Contract that is private nonpublic protected nonpublic or confidential as defined by the Minnesota Government Data Practices Act Minn Stat Ch 13 and where applicable that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch In the event the Contract Vendor receives a request to release the data referred to in this article the Contract Vendor must immediately notify the State The State will give the Contract Vendor instructions concerning the release of the data to the requesting party before the data is released The civil remedies of Minn Stat 13 08 apply
141. urchase order unless otherwise stated in the special terms The Contract number and the PO number must appear on all documents e g invoices packing slips etc AMENDMENT S At any time the State may make changes within the general scope of the Contract by issuing a written Contract amendment duly executed by an authorized representative of the State and the Contract Vendor If any such change causes an increase or decrease in the time required for the performance of any part of the work under the Contract an adjustment shall be made in the Contract delivery schedule and cost and the Contract Vendor shall be notified in writing accordingly Any claim by the Contract Vendor for adjustment under this clause must be asserted within 30 days from the date of receipt of the notification of change Either party may propose adjustments If the Contract Vendor seeks an adjustment it must request such adjustment in writing The Contract Vendor is required to provide a certain level of effort in producing the analysis and documentation The State will not compensate the Contract Vendor for changes in requirements that do not result in a corresponding change in the level of effort The State shall receive credit for reductions in level of effort due to changes and shall pay for increases in the level of effort Contract amendments shall be negotiated by the State with the Contract Vendor whenever necessary to address changes in the terms and conditions costs
142. ve operable controls Products which are freestanding non portable and intended to be used in one location and which have operable controls shall comply with the following Where any operable control is 10 inches or less behind the reference plane the height shall be 54 inches maximum and 15 inches minimum above the floor Products which are freestanding non portable and intended to be used in one location and which have operable controls shall comply with the following Where any operable control is more than 10 inches and not more than 24 inches behind the reference plane the height shall be 46 inches maximum and 15 inches minimum above the floor Products which are freestanding non portable and intended to be used in one location and which have operable controls shall comply with the following Operable controls shall not be more than 24 inches behind the reference plane Desktop and Portable Computers Standard Description Apply Yes No Meets Yes No Comments Section 508 1194 26 Desktop and Portable Computers a All mechanically operated controls and keys shall comply with 1194 23 k 1 through 4 RFP50 N 19 COMPUTER SOFTWARE Newborn Screening MDH Only Page 60 If a product utilizes touchscreens or touch operated controls an input method shall be provided that complies with 1194 23 k 1 through 4 When biometric forms of user id
143. y hereto shall be considered in default in the performance of its obligations hereunder to the extent that performance of any such obligations is prevented or delayed by acts of God war riot or other catastrophes beyond the reasonable control of the party unless the act or occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the delay or failure to perform A party defaulting under this provision must provide the other party prompt written notice of the default and take all necessary steps to bring about performance as soon as practicable DEFAULT A State purchase order constitutes a binding Contract All commodities and or services furnished will be subject to inspection and acceptance by the ordering entity after delivery No substitutions or cancellations are permitted without written approval of the State contracting agency Back orders failure to meet delivery requirements or failures to meet specifications in the purchase order and or the Contract authorizes the ordering entity to cancel the Contract or purchase order or any portion of it purchase elsewhere and charge the full increase in cost and administrative handling to the defaulting Contract Vendor In the event of default the State reserves the right to pursue any other remedy available by law A Contract Vendor may be removed from the vendors list suspended or debarred from receiving a Contract for failure to comply with terms and conditio

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