SECTION II - Mississippirfps.its.ms.gov/Procurement/rfps/3835/3835rfp.docx · Web viewSection I: Submission Cover Sheet & Configuration Summary. Project No.: ... PMO Vendor Experience

RFP No: 3835

INVITATION: Sealed proposals, subject to the attached conditions, will be received at this office until October 20, 2017 @ 3:00 p.m. Central Time for the acquisition of the products/services described below for Mississippi Division of Medicaid.

Project Management, Independent Verification and Validation (IV&V), Change Management and Testing Management Services

MANDATORY VENDOR WEB CONFERENCE: Thursday, September 21, 2017

NOTE: THIS RFP CONTAINS MANDATORY REQUIREMENTS TO WHICH NO EXCEPTION MAY BE TAKEN. SEE SECTION VII, ITEM 2, FOR DETAILS.

The Vendor must submit proposals and direct inquiries to:Khelli Reed

Technology ConsultantInformation Technology Services

3771 Eastwood DriveJackson, MS 39211

(601) [email protected]

To prevent opening by unauthorized individuals, all copies of the proposal must be sealed in the package. The following must be clearly typed on a label affixed to the package in a clearly visible location:

PROPOSAL, SUBMITTED IN RESPONSE TORFP NO. 3835

due October 20, 2017 @ 3:00 p.m.,ATTENTION: Khelli Reed

___________________________________Craig P. Orgeron, Ph.D.Executive Director, ITS

RFP No.: 3835ITS RFP Response Checklist

Project No.: 41734Revised: 8/8/2017

ITS RFP Response Checklist

RFP Response Checklist: These items should be included in your response to RFP No. 3835.

_____ 1) One clearly marked original response and identical copies of the complete proposal, as well as an electronic copy on usb or disk. Label the front and spine of the three-ring loose-leaf binder with the Vendor name and RFP number. Include the items listed below inside the binder. Please DO NOT include a copy of the RFP in the binder.

_____ 2) Submission Cover Sheet, signed and dated. (Section I)

_____ 3) Proposal Bond, if applicable (Section I)

_____ 4) Proposal Exception Summary, if applicable (Section V)

_____ 5) Vendor response to RFP Questionnaire (Section VI)

_____ 6) Point-by-point response to Technical Specifications (Section VII)

_____ 7) Vendor response to Cost Information Submission (Section VIII)

_____ 8) References (Section IX)

_____

_____

_____

9) IV&V Vendor Experience Form, (Attachment 1)

10) PMO Vendor Experience Form, (Attachment 2)

11) Staff Experience Form, (Attachment 3)

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RFP No.: Table of Contents

Project No.: Revised: 8/8/2017

Table of Contents

SECTION I.....................................................................................................................................4SUBMISSION COVER SHEET & CONFIGURATION SUMMARY............................................4PROPOSAL BONDS..................................................................................................................5

SECTION II....................................................................................................................................6PROPOSAL SUBMISSION REQUIREMENTS..........................................................................6

SECTION III...................................................................................................................................9VENDOR INFORMATION..........................................................................................................9

SECTION IV................................................................................................................................13LEGAL AND CONTRACTUAL INFORMATION.......................................................................13

SECTION V.................................................................................................................................27PROPOSAL EXCEPTIONS.....................................................................................................27PROPOSAL EXCEPTION SUMMARY FORM........................................................................29

SECTION VI................................................................................................................................30RFP QUESTIONNAIRE...........................................................................................................30

SECTION VII...............................................................................................................................34TECHNICAL SPECIFICATIONS..............................................................................................34

SECTION VIII............................................................................................................................105PMO COST INFORMATION SUBMISSION..........................................................................105

SECTION VIII............................................................................................................................106IV&V COST INFORMATION SUBMISSION..........................................................................106

SECTION VIII............................................................................................................................107CHANGE ORDER RATES COST INFORMATION SUBMISSION........................................107

SECTION IX..............................................................................................................................108REFERENCES.......................................................................................................................108REFERENCE FORM.............................................................................................................110SUBCONTRACTOR REFERENCE FORM...........................................................................111

EXHIBIT A.................................................................................................................................112STANDARD CONTRACT......................................................................................................112

EXHIBIT B.................................................................................................................................128DOM BUSINESS ASSOCIATE AGREEMENT......................................................................128

EXHIBIT C.................................................................................................................................138MES DDI MAJOR MILESTONE SCHEDULE........................................................................138

APPENDIX A.............................................................................................................................139TEST MANAGEMENT SCOPE OF WORK...........................................................................139

APPENDIX B.............................................................................................................................146CHANGE MANAGEMENT SCOPE OF WORK.....................................................................146

ATTACHMENT 1.......................................................................................................................153IV&V VENDOR EXPERIENCE FORM...................................................................................153

ATTACHMENT 2.......................................................................................................................154PMO VENDOR EXPERIENCE FORM...................................................................................154

ATTACHMENT 3.......................................................................................................................155STAFF EXPERIENCE FORM................................................................................................155

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RFP No.: 3835Section I: Submission Cover Sheet & Configuration Summary


SECTION ISUBMISSION COVER SHEET & CONFIGURATION SUMMARY

Provide the following information regarding the person responsible for the completion of your proposal. This person should also be the person the Mississippi Department of Information Technology Services, (ITS), should contact for questions and/or clarifications.

Name Phone #Address Fax #

E-mail

Subject to acceptance by ITS, the Vendor acknowledges that by submitting a proposal AND signing in the space indicated below, the Vendor is contractually obligated to comply with all items in this Request for Proposal (RFP), including the Standard Contract in Exhibit A if included herein, except those listed as exceptions on the Proposal Exception Summary Form. If no Proposal Exception Summary Form is included, the Vendor is indicating that he takes no exceptions. This acknowledgement also contractually obligates any and all subcontractors that may be proposed. Vendors who sign below may not later take exception to any point during contract negotiations. The Vendor further certifies that the company represented here is an authorized dealer in good standing of the products/services included in this proposal.

_______________________________/_________________Original signature of Officer in Bind of Company/Date

Name (typed or printed)TitleCompany namePhysical address

State of Incorporation

CONFIGURATION SUMMARY

The Vendor must provide a summary of the main components of products/services offered in this proposal using 100 words or less.

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RFP No.: 3835Proposal Bonds


PROPOSAL BONDS

A Proposal Bond is not required for this procurement.

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RFP No.: 3835Section II: Proposal Submission Requirements


SECTION IIPROPOSAL SUBMISSION REQUIREMENTS

The objective of the Proposal Submission Requirements section is to provide Vendors with the information required to submit a response to this Request for Proposal (RFP). A Vendor who has responded to previous RFPs issued by ITS should not assume that the requirements are the same, as changes may have been made.

1. Failure to follow any instruction within this RFP may, at the State’s sole discretion, result in the disqualification of the Vendor’s proposal.

2. The State has no obligation to locate or acknowledge any information in the Vendor’s proposal that is not presented under the appropriate outline according to these instructions and in the proper location.

3. The Vendor’s proposal must be received, in writing, by the office of ITS by the date and time specified. ITS is not responsible for any delays in delivery or expenses for the development or delivery of proposals. Any proposal received after proposal opening time will be returned unopened. Any proposal received with insufficient postage will be returned unopened.

4. Proposals or alterations by fax, e-mail, or phone will not be accepted.

5. Original signatures are required on one copy of the Submission Cover Sheet and Configuration Summary, and the Vendor’s original submission must be clearly identified as the original. The Vendor’s original proposal must include the Proposal Bond, (if explicitly required in Section IV).

6. ITS reserves the right to reject any proposals, including those with exceptions, prior to and at any time during negotiations.

7. ITS reserves the right to waive any defect or irregularity in any proposal procedure.

8. The Vendor may intersperse their response following each RFP specification but must not otherwise alter or rekey any of the original text of this RFP. If the State determines that the Vendor has altered any language in the original RFP, the State may, in its sole discretion, disqualify the Vendor from further consideration. The RFP issued by ITS is the official version and will supersede any conflicting RFP language submitted by the Vendor.

9. The Vendor must conform to the following standards in the preparation of the Vendor’s proposal:

9.1 The Vendor is required to submit one clearly marked original response and six (6) identical copies of the complete proposal, including all sections and exhibits, in three-ring binders, as well as an electronic copy on USB, or disk.

9.2 To prevent opening by unauthorized individuals, all copies of the proposal must be sealed in the package. A label containing the information on the

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RFP cover page must be clearly typed and affixed to the package in a clearly visible location.

9.3 Number each page of the proposal.

9.4 Respond to the sections and exhibits in the same order as this RFP.

9.5 Label and tab the responses to each section and exhibit, using the corresponding headings from the RFP.

9.6 If the Vendor does not agree with any item in any section, then the Vendor must list the item on the Proposal Exception Summary Form. (See Section V for additional instructions regarding Vendor exceptions.)

9.7 Occasionally, an outline point in an attachment requests information which is not applicable to the products/services proposed. If the Vendor is certain the point does not apply to the given RFP, the Vendor should respond with “NOT APPLICABLE.”

9.8 Where an outline point asks a question or requests information, the Vendor must respond with the specific answer or information requested.

9.9 When an outline point/attachment is a statement provided for the Vendor’s information only, the Vendor need only read that point. The Vendor acknowledges having read and accepting, or taking exception to, all sections by signing the Submission Cover Sheet and providing a Proposal Exception Summary Form.

9.10 Where a minimum requirement has been identified, respond by stating the item (e.g., device name/model number, guaranteed response time) proposed and how it will meet the specifications.

9.11 The Vendor must fully respond to each requirement within the Technical Specifications by fully describing the manner and degree by which the proposal meets or exceeds said requirements.

10. It is the responsibility of the Vendor to clearly identify all costs associated with any item or series of items in this RFP. The Vendor must include and complete all parts of the cost proposal in a clear and accurate manner. Omissions, errors, misrepresentations, or inadequate details in the Vendor’s cost proposal may be grounds for rejection of the Vendor’s proposal. Costs that are not clearly identified will be borne by the Vendor. The Vendor must complete the Cost Information Submission in this RFP, which outlines the minimum requirements for providing cost information. The Vendor should supply supporting details as described in the Cost Information Submission.

11. ITS reserves the right to request additional information or clarification of a Vendor’s proposal. The Vendor’s cooperation during the evaluation process in providing ITS staff with adequate responses to requests for clarification will be considered a factor in the evaluation of the Vendor’s overall responsiveness. Lack of such cooperation or failure to

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provide the information in the manner required may, at the State’s discretion, result in the disqualification of the Vendor’s proposal.

12. Unsolicited clarifications and updates submitted after the deadline for proposals will be accepted or rejected at the sole discretion of ITS.

13. Unsolicited clarifications in the evaluation and selection of lowest and best proposal will be considered only if all the following conditions are met:

13.1 A clarification to a proposal that includes a newly announced product line or service with equal or additional capability to be provided at or less than the proposed price will be considered.

13.2 Information provided must be in effect nationally and have been formally and publicly announced through a news medium that the Vendor normally uses to convey customer information.

13.3 Clarifications must be received early enough in the evaluation process to allow adequate time for re-evaluation.

13.4 The Vendor must follow procedures outlined herein for submitting updates and clarifications.

13.5 The Vendor must submit a statement outlining the circumstances for the clarification.

13.6 The Vendor must submit one clearly marked original and six (6) copies of the clarification.

13.7 The Vendor must be specific about which part of the original proposal is being changed by the clarification (i.e., must include exact RFP reference to section and outline point).

14. Communications with StateFrom the issue date of this RFP until a Vendor is selected and the selection is announced, responding Vendors or their representatives may not communicate, either orally or in writing regarding this RFP with any statewide elected official, state officer or employee, member of the legislature or legislative employee except as noted herein. To ensure equal treatment for each responding Vendor, all questions regarding this RFP must be submitted in writing to the State’s contact person for the selection process, and not later than the last date for accepting responding Vendor questions provided in this RFP. All such questions will be answered officially by the State in writing. All such questions and answers will become addenda to this RFP, and they will be posted to the ITS web site. Vendors failing to comply with this requirement will be subject to disqualification.

14.1 The State’s contact person for the selection process is: Khelli Reed, Technology Consultant, 3771 Eastwood Drive, Jackson, MS 39211, 601-432-8194, [email protected].

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14.2 Vendor may consult with State representatives as designated by the State’s contact person identified in 14.1 above in response to State-initiated inquiries. Vendor may consult with State representatives during scheduled oral presentations and demonstrations excluding site visits.

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RFP No.: 3835Section III: Vendor Information


SECTION IIIVENDOR INFORMATION

The objective of the Vendor Information section of this RFP is to provide Vendors with information required to respond to the RFP successfully.

1. Interchangeable DesignationsThe terms “Vendor” and “Contractor” are referenced throughout this RFP. Generally, references to the “Vendor” are used in conjunction with the proposing organization and procurement process leading up to the final RFP selection and award. The term “Contractor” denotes the role assumed, post-award, by the winning Vendor. Additionally, the terms “State of Mississippi,” “State” or “ITS” may be used interchangeably throughout this RFP to denote the political entity issuing the RFP and requesting responses from Vendors throughout these specifications. References to a specific agency, institution or other political entity represent the client or customer on whose behalf ITS is issuing the RFP.

2. Vendor’s Responsibility to Examine RFPVendors must examine all documents, forms, specifications, standard provisions, and instructions.

3. Proposal as Property of StateAll written proposal material becomes the property of the State of Mississippi.

4. Written Amendment to RFPAny interpretation of an ITS RFP will be made by written amendment only. The State will not be responsible for any other explanation of this RFP. A copy of any amendment will be posted on the ITS website, together with the associated RFP specification. Vendors are required to check the ITS website periodically for RFP amendments before the proposal opening date at:

http://www.its.ms.gov/Procurement/Pages/RFPS_Awaiting.aspx

Any and all amendments will be posted no later than noon, seven days prior to the proposal opening date listed on the cover page of this RFP. If you are unable to access the ITS website, you may contact the ITS technology consultant listed on page one of this RFP and request a copy.

5. Oral Communications Not BindingOnly transactions which are in writing from ITS may be considered official. No negotiations, decisions, or actions shall be executed by any Vendor as a result of any discussions with any State employee.

6. Vendor’s Responsibility for DeliveryVendors must ensure, through reasonable and sufficient follow-up, proper compliance with, and fulfillment of all schedules and deliverables specified within the body of this RFP. The State will not be responsible for the failure of any delivery medium for submission of information to or from the Vendor, including but not limited to, public and private carriers, U.S. mail, Internet Service Providers, facsimile, or e-mail.

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7. Evaluation CriteriaThe State's intent in issuing this RFP is to award a contract to the lowest and best responsive Vendor who meets specifications, considering price and other factors. The Vendor’s past performance, cooperation, and ability to provide service and training are general factors that will be weighed in the selection process. More specific information concerning evaluation criteria is presented in Technical Specifications.

8. Multiple AwardsITS reserves the right to make multiple awards.

9. Right to Award in Whole or PartITS reserves the right to approve an award by individual items or in total, whichever is deemed to be in the best interest of the State of Mississippi.

10. Right to Use Proposals in Future ProjectsThe State reserves the right to evaluate the awarded proposal from this RFP, including all products and services proposed therein, along with the resulting contractual terms, for possible use in future projects if (a) it is deemed to be in the best interest of the State to do so; and (b) the Vendor is willing to extend a cost less than or equal to that specified in the awarded proposal and resulting contract. A decision concerning the utilization of a Vendor’s proposal for future projects is solely at the discretion of the State and requires the agreement of the proposing Vendor. The State’s decision to reuse an awarded proposal will be based upon such criteria as: (1) the customer’s business requirements; (2) elapsed time since the award of the original project; and/or (3) research on changes in the Vendor, market, and technical environments since the initial award.

11. Price Changes During Award or Renewal PeriodA price increase will not be accepted during the award period or the renewal period, unless stipulated in the contract. However, the State will always take advantage of price decreases.

12. Right to Request InformationThe State reserves the right to request information relative to a Vendor’s references and financial status and to visit a Vendor’s facilities during normal working hours. The State also reserves the right to request a current financial statement, prepared and certified by an independent auditing firm, and reserves the right to require that Vendors document their financial ability to provide the products and services proposed up to the total dollar amount of the Vendor’s cost proposal. The State reserves the right to request information about the Vendor from any previous customer of the Vendor of whom the State is aware, even if that customer is not included in the Vendor’s list of references.

13. Vendor PersonnelFor RFPs including professional services specifications, the Vendor will be required to provide and/or certify the following for each individual included in the Vendor’s proposal:

13.1 A direct telephone number at which the individual may be contacted for a telephone interview. The State will pay toll charges in the continental United States. The Vendor must arrange a toll-free number for all other calls.

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13.2 That, if onsite interviews are required, the individual can be at the specified location in Mississippi within the timeframe specified. All costs associated with onsite interviews will be the responsibility of the Vendor.

13.3 That the individual is proficient in spoken and written English;

13.4 That the individual is a U.S. citizen or that the individual meets and will maintain employment eligibility requirements in compliance with all United States Citizenship and Immigration Services (USCIS) regulations. The Vendor must provide evidence of identification and employment eligibility prior to the award of a contract that includes any personnel who are not U. S. citizens.

13.5 That the personnel assigned to a project will remain a part of the project throughout the duration of the contract as long as the personnel are employed by the Vendor, unless replaced by the Vendor at the request of the State. This requirement includes the responsibility for ensuring all non-citizens maintain current USCIS eligibility throughout the duration of the contract.

14. Vendor Imposed ConstraintsThe Vendor must specifically document what limitations, if any, exist in working with any other Contractor acting in the capacity of the State’s business partner, subcontractor or agent who may be managing any present or future projects; performing quality assurance; integrating the Vendor’s software; and/or providing web-hosting, hardware, networking or other processing services on the State’s behalf. The project relationship may be based on roles as either equal peers; supervisory – subordinate; or subordinate – supervisory, as determined by the State. The State recognizes that the Vendor may have trade secrets, intellectual property and/or business relationships that may be subject to its corporate policies or agreements. The State must understand these issues in order to decide to what degree they may impact the State’s ability to conduct business for this project. These considerations will be incorporated accordingly into the proposal evaluation and selection process. The understanding reached between the Vendor and the State with regard to this business relationship precludes the Vendor from imposing any subsequent limitations of this type in future project undertakings by the State.

15. Best and Final OfferThe State reserves the right to solicit Best and Final Offers (BAFOs) from Vendors, principally in situations in which proposal costs eclipse available funding or the State believes none of the competing proposals presents a Best Value (lowest and best proposal) opportunity. Because of the time and expense incurred by both the Vendor community and the State, BAFOs are not routinely conducted. Vendors should offer their best pricing with the initial solicitation. Situations warranting solicitation of a BAFO will be considered an exceptional practice for any procurement. Vendors that remain in a competitive range within an evaluation may be requested to tender Best and Final Offers, at the sole discretion of the State. All such Vendors will be provided an equal opportunity to respond with a Best and Final Offer under a procedure to be defined by the State that encompasses the specific, refined needs of a project, as part of the BAFO solicitation. The State may re-evaluate and amend the original project

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specifications should it be deemed necessary in order to improve the opportunity for attaining Best Value scenarios from among the remaining competing Vendors. All BAFO proceedings will be uniformly conducted, in writing and subject to solicitation by the State and receipt from the Vendors under a precise schedule.

16. Restriction on AdvertisingThe Vendor must receive written approval from the State before advertising or referencing the award of the contract or the services being provided. The Vendor must agree not to refer to awards in commercial advertising in such a manner as to state or imply that the firm or its services are endorsed or preferred by the State of Mississippi.

17. Rights Reserved to Use Existing Product ContractsThe State reserves the right on turnkey projects to secure certain products from other existing ITS contracts if it is in its best interest to do so. If this option is exercised, then the awarded Vendor must be willing to integrate the acquisition and implementation of such products within the schedule and system under contract.

18. Additional Information to be IncludedIn addition to answering each specification within this RFP, the Vendor must include complete product/service information, including product pictorials and technical/descriptive literature relative to any product/service offered with the proposal. Information submitted must be sufficiently detailed to substantiate that the products/services offered meet or exceed specifications.

19. Valid Contract Required to Begin WorkThe successful Vendor should not commence any billable work until a valid contract has been executed. Any work done by the successful Vendor prior to the execution of the contract is done at the Vendor’s sole risk. The State is under no obligation to pay for work done prior to the execution of a contract.

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RFP No.: 3835Section IV: Legal and Contractual Information


SECTION IVLEGAL AND CONTRACTUAL INFORMATION

The objective of the Legal and Contractual Information section is to provide Vendors with information required to complete a contract or agreement with ITS successfully.

1. Acknowledgment Precludes Later ExceptionBy signing the Submission Cover Sheet, the Vendor is contractually obligated to comply with all items in this RFP, including the Standard Contract in Exhibit A if included herein, except those specifically listed as exceptions on the Proposal Exception Summary Form. If no Proposal Exception Summary Form is included, the Vendor is indicating that he takes no exceptions. Vendors who respond to this RFP by signing the Submission Cover Sheet may not later take exception to any item in the RFP during contract negotiations. This acknowledgement also contractually obligates any and all subcontractors that may be proposed. No exceptions by subcontractors or separate terms and conditions will be entertained after the fact.

2. Failure to Respond as PrescribedFailure to respond as described in Section II: Proposal Submission Requirements to any item in the sections and exhibits of this RFP, including the Standard Contract attached as Exhibit A, if applicable, shall contractually obligate the Vendor to comply with that item.

3. Contract DocumentsITS will be responsible for all document creation and editorial control over all contractual documentation related to each procurement project. The following documents will normally be included in all contracts between ITS and the Vendor:

3.1 The Proposal Exception Summary Form as accepted by ITS;

3.2 Contracts which have been signed by the Vendor and ITS;

3.3 ITS’ Request for Proposal, including all addenda;

3.4 Official written correspondence from ITS to the Vendor;

3.5 Official written correspondence from the Vendor to ITS when clarifying the Vendor’s proposal; and

3.6 The Vendor’s proposal response to the ITS RFP.

4. Order of PrecedenceWhen a conflict arises regarding contract intent due to conflicting statements in documents included in the contract, the order of precedence of each document is as listed above unless modification of order is negotiated and agreed upon by both ITS and the winning Vendor.

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5. Additional Contract ProvisionsThe contract will also include such additional provisions, which are not inconsistent or incompatible with the material terms of this RFP, as may be agreed upon by the parties. All of the foregoing shall be in such form and substance as prescribed by the State.

6. Contracting Agent by LawThe Executive Director of ITS is, by law, the purchasing and contracting agent for the State of Mississippi in the negotiation and execution of all contracts for the acquisition of computer and telecommunications equipment, systems, software, and services (Section 25-53-1, et seq., of the Mississippi Code Annotated). ITS is issuing this RFP on behalf of the procuring agency or institution. ITS and the procuring agency or institution are sometimes collectively referred to within this RFP as "State."

7. Mandatory Legal Provisions

7.1 The State of Mississippi is self-insured; all requirements for the purchase of casualty or liability insurance are deleted.

7.2 Any provisions disclaiming implied warranties shall be null and void. See Mississippi Code Annotated Sections 11-7-18 and 75-2-719(4). The Vendor must not disclaim the implied warranties of merchantability and fitness for a particular purpose.

7.3 The Vendor must have no limitation on liability for claims related to the following items:

7.3.1 Infringement issues;

7.3.2 Bodily injury;

7.3.3 Death;

7.3.4 Physical damage to tangible personal and/or real property; and/or

7.3.5 The intentional and willful misconduct or negligent acts of the Vendor and/or Vendor’s employees or subcontractors.

7.4 All requirements that the State pay interest (other than in connection with lease-purchase contracts not exceeding five years) are deleted.

7.5 Any contract negotiated under this RFP will be governed by and construed according to the laws of the State of Mississippi. Venue for the resolution of any dispute shall be Jackson, Hinds County, Mississippi.

7.6 Any contract negotiated under this RFP is cancelable in the event the funding authority does not appropriate funds. Notice requirements to Vendor cannot exceed sixty (60) days.

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7.7 The State of Mississippi does not waive its sovereign immunities or defenses as provided by law by entering into this contract with the Vendor, Vendor agents, subcontractors, or assignees.

7.8 The State will deliver payments to the Vendor within forty-five (45) days after receipt of invoice and receipt, inspection, and approval of Vendor’s products/services. No late charges will exceed 1.5% per month on any unpaid balance from the expiration of said period until payment is delivered. See Section 31-7-305 of the Mississippi Code Annotated. Seller understands and agrees that Purchaser is exempt from the payment of taxes.

7.9 The State will not pay any attorney's fees, prejudgment interest or the cost of legal action to or for the Vendor.

8. Approved Contract

8.1 Award of Contract - A contract is considered to be awarded to a proposer once the proposer’s offering has been approved as lowest and best proposal through:

8.1.1 Written notification made to proposers on ITS letterhead, or

8.1.2 Notification posted to the ITS website for the project, or

8.1.3 CP-1 authorization executed for the project, or

8.1.4 The ITS Board’s approval of same during an open session of the Board.

8.2 ITS statute specifies whether ITS Director approval or ITS Board approval is applicable for a given project, depending on the total lifecycle cost of the contract.

8.3 A contract is not deemed final until five (5) working days after either the award of contract or post procurement review, as stipulated in the ITS Protest Procedure and Policy. In the event of a valid protest, the State may, at its sole discretion, continue the procurement or stay the procurement in accordance with the ITS Protest Procedure and Policy. If the procurement is stayed, the contract is not deemed final until the protest is resolved.

9. Contract ValidityAll contracts are valid only if signed by the Executive Director of ITS.

10. Order of Contract ExecutionVendors will be required to sign contracts and to initial all contract changes before the Executive Director of ITS signs.

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11. Availability of FundsAll contracts are subject to availability of funds of the acquiring State entity and are contingent upon receipt by the winning Vendor of a purchase order from the acquiring State entity.

12. CP-1 RequirementAll purchase orders issued for goods and services acquired from the awarded Vendor under this RFP must be encoded by the Customer agency with a CP-1 approval number assigned by ITS. This requirement does not apply to acquisitions that by policy have been delegated to State entities.

13. Requirement for Electronic Payment and Invoicing

13.1 Payments to the awarded Vendor for all goods and services acquired under this RFP by state agencies that make payments through the Mississippi State Government’s Enterprise Resource Planning (ERP) solution (“MAGIC”) will be made electronically, via deposit to the bank account of the Vendor’s choice. The awarded Vendor must enroll and be activated in PayMode™, the State’s current vehicle for sending and receiving electronic payments, prior to receiving any payments from state agencies. There is no charge for a Vendor to enroll or receive payments via PayMode. For additional information on PayMode, including registration instructions, Vendors should visit the following website: http://portal.paymode.com/ms/. Vendors may also request assistance from the Mississippi Management and Reporting System (MMRS) Call Center regarding PayMode registration by contacting [email protected].

13.2 For state agencies that make payments through MAGIC, the awarded Vendor is required to submit electronically all invoices for goods and services acquired under this RFP, along with appropriate supporting documentation, as directed by the State.

13.3 Items 13.1 and 13.2 only apply to state agencies that make payments through MAGIC. Payments and invoices for all other entities will conform to their standard methods of payment to contractors.

14. Time For Negotiations

14.1 All contractual issues must be successfully negotiated within fifteen (15) working days from the Vendor’s initial receipt of the project contract from ITS, unless ITS consents to extend the period. Failure to complete negotiations within the stated time period constitutes grounds for rejection of the Vendor’s response to this RFP. ITS may withdraw the proposal award and begin negotiations with the next ranked Vendor immediately or pursue any other option.

14.2 Negotiations shall be limited to items to which the Vendor has noted as exceptions on their Proposal Exception Summary Form, as well as any new items that the State may require. All contract changes requested by the

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mailto:[email protected]

http://portal.paymode.com/ms/



Vendor related to such exceptions noted in Vendor’s proposal shall be submitted three (3) working days prior to scheduled negotiations, unless ITS consents to a different period.

15. Prime ContractorThe selected Vendor will be designated the prime contractor in the proposal, and as such, must be solely responsible for all products/services offered in the proposal and for the fulfillment of the contract with the State.

16. Sole Point of ContactITS will consider the selected Vendor to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.

16.1 The Vendor must acknowledge and agree that in matters of proposals, clarifications, negotiations, contracts and resolution of issues and/or disputes, the Vendor represents all contractors, third parties and/or subcontractors the Vendor has assembled for this project. The Vendor’s commitments are binding on all such parties and consequently the State is only required to negotiate with the Vendor.

16.2 Furthermore, the Vendor acknowledges and agrees to pass all rights and/or services related to all general consulting, services leasing, software licensing, warranties, hardware maintenance and/or software support to the State from any contractor, third party or subcontractor without the State having to negotiate separately or individually with any such parties for these terms or conditions.

16.3 Should a proposing Vendor wish to assign payment of any or all charges resulting from this contract to a third party, Vendor must disclose that fact in his/her proposal, along with the third party’s name, address, nature of business, and relationship to the proposing Vendor, the reason for and purpose of the assignment, and all conditions of the assignment, including but not limited to a copy of an assignment document to be executed by the State, the Vendor, and the third party. Such assignments will be accepted or rejected at the sole discretion of the State. Vendor must clearly and definitively state in his/her proposal whether the proposal is contingent upon the requested assignment of payments. Whenever any assignment of payment is requested, the proposal, contract, and assignment document must include language specifically guaranteeing that the proposing Vendor is solely and fully liable and responsible for the performance of its obligations under the subject contract. No assignment of payment will be considered at the time of purchase unless such assignment was fully disclosed in the Vendor’s proposal and subsequently accepted by the State.

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17. ITS Approval of Subcontractor RequiredUnless provided in the contract, the Vendor must not contract with any other party for furnishing any of the contracted work or services without the consent, guidance, and written approval of the State. ITS reserves the right of refusal and the right to request replacement of a subcontractor due to unacceptable work or conduct. This provision should not be interpreted as requiring the approval of individual contracts of employment between the Vendor and personnel assigned for services under the contract.

18. Inclusion of Subcontract AgreementsCopies of any agreements to be executed between the Vendor and any subcontractors must be included in the Vendor’s proposal.

19. Negotiations with SubcontractorIn order to protect the State’s interest, ITS reserves the right to attempt to resolve the contractual disagreements that may arise between the Vendor and its subcontractor after award of the contract.

20. References to Vendor to Include SubcontractorAll references in the RFP to “Vendor” must be construed to encompass both the Vendor and its subcontractors.

21. Outstanding Vendor Obligations

21.1 Any Vendor who presently owes the State of Mississippi money pursuant to any contract for which ITS is the contracting agent and who has received written notification from ITS regarding the monies owed, must submit, with the proposal, a certified check in the amount due and owing in order for the proposal in response to this RFP to be considered. For a Vendor currently in bankruptcy as of the RFP submission date, this requirement is met, if and only if, ITS has an active petition before the appropriate bankruptcy court for recovery of the full dollar amount presently owed to the State of Mississippi by that Vendor. If the Vendor has emerged from bankruptcy by the RFP submission date, the Vendor must pay in full any amount due and owing to the State, as directed in the court-approved reorganization plan, prior to any proposal being considered.

21.2 Any Vendor who is presently in default on existing contracts for which ITS is the contracting agent, or who otherwise is delinquent in the performance of any such contracted obligations, is in the sole judgment of the State required to make arrangement for fulfilling outstanding obligations to the satisfaction of the State in order for the proposal to be considered.

21.3 The State, at its sole discretion, may reject the proposal of a Vendor with any significant outstanding financial or other obligations to the State or who is in bankruptcy at the time of proposal submission.

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22. Equipment ConditionFor all RFPs requiring equipment, the Vendor must furnish only new equipment in response to ITS specifications, unless an explicit requirement for used equipment is otherwise specified.

23. Delivery IntervalsThe Vendor’s proposal must specify, in the Cost Information Submission and in response to any specific instructions in the Technical Specifications, delivery and installation intervals after receipt of order.

24. Pricing GuaranteeThe Vendor must explicitly state, in the Cost Information Submission and in response to any specific instructions in the Technical Specifications, how long the proposal will remain valid. Unless stated to the contrary in the Technical Specifications, pricing must be guaranteed for a minimum of ninety (90) days.

25. Shipping ChargesFor all RFPs requiring shipment of any product or component, all products must be delivered FOB destination to any location within the geographic boundaries of the State with all transportation charges prepaid and included in the RFP proposal or LOC quotation. Destination is the point of use.

26. Amortization Schedule For all RFPs requiring equipment, contracts involving the payment of interest must include an amortization schedule clearly documenting the amount of interest payable over the term of the contract.

27. Americans with Disabilities Act Compliance for Web Development and Portal Related ServicesAll Web and Portal development work must be designed and implemented in compliance with the Electronic and Information Technology Accessibility Standards associated with Section 508 of the Rehabilitation Act and with the Web Accessibility Initiative (WAI) of the W3C.

28. Ownership of Developed Software

28.1 When specifications require the Vendor to develop software for the State, the Vendor must acknowledge and agree that the State is the sole owner of such developed software with exclusive rights to use, alter, or distribute the software without restriction. This requirement applies to source code, object code, and documentation.

28.2 The State may be willing to grant the Vendor a nonexclusive license to use the State’s software subject to devising acceptable terms and license fees. This requirement is a matter of State Law, and not negotiable.

29. Ownership of Custom Tailored SoftwareIn installations where the Vendor’s intellectual property is modified and custom-tailored to meet the needs of the State, the Vendor must offer the State an application license

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entitling the State to use, and/or alter the software without restriction. These requirements apply to source code, object code and documentation.

30. Terms of Software License The Vendor acknowledges and agrees that the term of all software licenses provided to the State will be perpetual unless stated otherwise in the Vendor’s proposal.

31. The State is Licensee of RecordThe Vendor must not bypass the software contracting phase of a project by licensing project software intended for State use in its company name. Upon award of a project, the Vendor must ensure that the State is properly licensed for all software that is proposed for use in a project.

32. Compliance with Enterprise Security PolicyAny solution proposed in response to this RFP must be in compliance with the State of Mississippi’s Enterprise Security Policy. The Enterprise Security Policy is based on industry-standard best practices, policy, and guidelines and covers the following topics: web servers, email, virus prevention, firewalls, data encryption, remote access, passwords, servers, physical access, traffic restrictions, wireless, laptop and mobile devices, disposal of hardware/media, and application assessment/certification. Given that information security is an evolving technology practice, the State reserves the right to introduce new policy during the term of the contract resulting from this RFP and require the Vendor to comply with same in the event the industry introduces more secure, robust solutions or practices that facilitate a more secure posture for the State of Mississippi. Vendors wanting to view the Enterprise Security Policy should contact the Technology Consultant listed on the cover page of this RFP.

33. Negotiating with Next-Ranked VendorShould the State cease doing business with any Vendor selected via this RFP process, for any reason, the State reserves the right to initiate negotiations with the next ranked Vendor.

34. Disclosure of Proposal InformationVendors should be aware that any information in a proposal may be subject to disclosure or reproduction under the Mississippi Public Records Act of 1983, defined in Section 25-61-1 et seq. of the Mississippi Code Annotated. All disclosures of proposal information will be made in compliance with the ITS Public Records Procedures established in accordance with the Mississippi Public Records Act. The ITS Public Records Procedures are available in Section 019-010 of the ITS Procurement Handbook, on the ITS Internet site at:

http://www.its.ms.gov/Procurement/Documents/ISS%20Procurement%20Manual.pdf#page=155 or from ITS upon request.

As outlined in the Third Party Information section of the ITS Public Records Procedures, ITS will give written notice to any affected Vendor of a request to view or reproduce the Vendor’s proposal or portion thereof. ITS will not, however, give such notice with respect to summary information prepared in connection with the State’s review or evaluation of a Vendor’s proposal, including, but not limited to, written presentations to the ITS Board or other approving bodies, and/or similar written documentation prepared

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http://www.its.ms.gov/Procurement/Documents/ISS%20Procurement%20Manual.pdf#page=155




for the project file. In addition, ITS will not provide third-party notice for requests for any contract executed as a result of this RFP.

Summary information and contract terms, as defined above, become the property of ITS, who has the right to reproduce or distribute this information without notification.

Vendors should further be aware that requests for disclosure of proposal information are sometimes received by ITS significantly after the proposal opening date. ITS will notify the signatory “Officer in Bind of Company” provided in Section I of this RFP for Notification of Public Records Requests in the event information is requested that your company might wish to consider protecting as a trade secret or as confidential commercial or financial information. If the “Officer in Bind of Company” should not be used for notification of public records requests, Vendor should provide the alternative contact information in response to this RFP item.

35. Risk Factors to be AssessedThe State will assess risk factors that may initially exist within a given procurement and that may develop over the course of a procurement process as facts become known. The State, at its sole discretion, may employ the following mechanisms in mitigating these risks: proposal bonding, performance bonding, progress payment plan with retainage, inclusion of liquidated damages, and withholding payment for all portions of the products/services acquired until final acceptance. The Vendor must agree to incorporate any or all of the above terms and conditions into the customer agreement.

36. Proposal BondThe Vendor is not required to include a proposal bond with its RFP proposal.

37. Performance Bond/Irrevocable Bank Letter of Credit The Vendor must include the price of a performance bond or irrevocable bank letter of credit with its RFP proposal. The cost of the bond or letter of credit must be shown as a separate line item in the Cost Information Submission. The performance bond or letter of credit must be procured at the Vendor’s expense prior to the execution of the contract and may be invoiced to Mississippi Division of Medicaid after contract initiation only if itemized in the Cost Information Submission and in the executed contract. The final decision as to the requirement for a Performance Bond or Irrevocable Bank Letter of Credit will be made upon contract award and is at the State’s sole discretion.

If a Performance Bond /Irrevocable Bank Letter of Credit is required, the Vendor must procure and submit to ITS, on behalf of Mississippi Division of Medicaid, with the executed contract, (a) a performance bond from a reliable surety company authorized to do business in the State of Mississippi or (b) an irrevocable bank letter of credit that is acceptable to the State. The Performance Bond or the Irrevocable Letter of Credit shall be for the total amount of the contract or an amount mutually agreed upon by the State and the successful Vendor and shall be payable to Mississippi Division of Medicaid, to be held by their contracting agent, the Mississippi Department of Information Technology Services. No contract resulting from this RFP will be valid until the required Performance Bond or Irrevocable Bank Letter of Credit has been received and found to be in proper form and amount. The Vendor agrees that the State has the right to request payment for a partial amount or the full amount of the Irrevocable Letter of

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Credit/Performance bond should the products/services being procured hereunder not be provided in a manner consistent with this RFP and the Vendor’s proposal by the delivery dates agreed upon by the parties. The State may demand payment by contacting the bank issuing the letter of credit or the bonding company issuing the performance bond and making a written request for full or partial payment. The issuing bank/bonding company is required to honor any demand for payment from the State within fifteen (15) days of notification. The letter of credit/performance bond shall cover the entire contract period, with the exception of post-warranty maintenance and support, and shall not be released until final acceptance of all products and deliverables required herein or until the warranty period, if any, has expired, whichever occurs last. If applicable, and at the State’s sole discretion, the State may, at any time during the warranty period, review Vendor’s performance and performance of the products/services delivered and determine that the letter of credit/performance bond may be reduced or released prior to expiration of the full warranty period.

38. Responsibility for Behavior of Vendor Employees/SubcontractorsThe Vendor will be responsible for the behavior of all its employees and subcontractors while on the premises of any State agency or institution. Any Vendor employee or subcontractor acting in a manner determined by the administration of any State agency or institution to be detrimental, abusive, or offensive to any of the staff or student body of any State agency or institution will be asked to leave the premises and can be suspended from further work on the premises.

39. ProtestsThe Executive Director of ITS and/or the Board Members of ITS or their designees will have the authority to resolve Vendor protests in connection with the selection for award of a contract. Copies of the protest procedures are available on the ITS Internet site - ITS Protest Procedure and Policy, Section 019-020, ITS Procurement Handbook at:

http://www.its.ms.gov/Procurement/Documents/ISS%20Procurement%20Manual.pdf#page=173 or from ITS upon request.

40. Protest BondPotential Vendors may protest any of the specifications of this RFP on the belief that the specification is unlawful, unduly restrictive, or unjustifiably restraining to competition. Any such protest must be in writing and submitted to the ITS Executive Director along with the appropriate protest bond within five (5) working days of the Official Release of the RFP, as defined in the ITS Protest Procedure and Policy. The outside of the envelope must be marked “Protest” and must specify RFP number 3835.

As a condition precedent to filing any protest related to this procurement, the Vendor must procure, submit to the ITS Executive Director with its written protest, and maintain in effect at all times during the course of the protest or appeal thereof, a protest bond in the full amount of the total estimated project lifecycle cost or $250,000.00, whichever is less. The total estimated project lifecycle cost will be the amount used by ITS in the computation of cost points, as the low cost in the denominator of the cost evaluation formula. The bond shall be accompanied by a duly authenticated or certified document evidencing that the person executing the bond is a licensed Mississippi agent for the bonding company. This certified document shall identify the name and address of the

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person or entity holding the protest bond and shall identify a contact person to be notified in the event that the State is required to take action against the bond. The protest bond shall not be released to the protesting Vendor until the protest is finally resolved and the time for appealing said protest has expired. The protest bond shall be procured at the protesting Vendor’s expense and be payable to the Mississippi Department of Information Technology Services. Prior to approval of the protest bond, ITS reserves the right to review the protest bond and require the protesting Vendor to substitute an acceptable bond in such form as the State may reasonably require. The premiums on such bond shall be paid by the protesting Vendor. The State may claim against the protest bond as specified in Section 25-53-5 (n) of the Mississippi Code of 1972, as amended during the 1998 Mississippi legislative session, in addition to all other rights and remedies the State may have at law or in equity.

Should the written protest submitted by the Vendor fail to comply with the content requirements of ITS’ protest procedure and policy, fail to be submitted within the prescribed time limits, or fail to have the appropriate protest bond accompany it, the protest will be summarily dismissed by the ITS Executive Director.

41. Mississippi Employment Protection ActEffective July 1, 2008, Vendor acknowledges that if awarded, it will ensure its compliance with the Mississippi Employment Protection Act, Section 71-11-1, et seq. of the Mississippi Code Annotated (Supp2008), and will register and participate in the status verification system for all newly hired employees. The term “employee” as used herein means any person that is hired to perform work within the State of Mississippi. As used herein, “status verification system” means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. Vendor will agree to maintain records of such compliance and, upon request of the State, to provide a copy of each such verification to the State.

Vendor acknowledges and certifies that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Mississippi.

Vendor acknowledges that violating the E-Verify Program (or successor thereto) requirements subjects Vendor to the following: (a) cancellation of any state or public contract and ineligibility for any state or public contract for up to three (3) years, with notice of such cancellation being made public, or (b) the loss of any license, permit, certification or other document granted to Vendor by an agency, department or governmental entity for the right to do business in Mississippi for up to one (1) year, or (c) both. Vendor would also be liable for any additional costs incurred by the State due to contract cancellation or loss of license or permit.

42. Equal Employment OpportunityExcept as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of federally assisted construction contract in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR

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Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (2 CFR 200, Subpart F, Appendix II)

43. Clean Air and Federal Water Pollution Control ActClean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (2 CFR 200, Subpart F, Appendix II)

44. Anti-Lobbying ActThis Act prohibits the recipients of Federal contracts, grants, and loans from using appropriated funds for lobbying the Executive or Legislative branches of the Federal government in connection with a specific contract, grant, or loan. As required by Section 1352, Title 31 of the U.S. Code and implemented at 2 CFR 200, Subpart F, Appendix II, for persons entering into a grant or cooperative agreement over $100,000, as defined at 31 U.S.C. 1352, the applicant certifies that:

44.1 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 making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement;

44.2 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 grantor o cooperative agreement, the undersigned shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

The undersigned shall require that the language of this certification be include in the award documents for all sub-awards at all tiers (including sub-grants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly.

45. Americans with Disabilities Act This Act (28 CFR Part 35, Title II, Subtitle A) prohibits discrimination on the basis of disability in all services, programs, and activities provided to the public and State and local governments, except public transportation services.

46. Drug-Free Workplace Statement The Federal government implemented 41 U.S. Code § 8103, Drug-free workplace

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requirements for Federal grant recipients in an attempt to address the problems of drug abuse on the job. It is a fact that employees who use drugs have less productivity, a lower quality of work, and a higher absenteeism, and are more likely to misappropriate funds or services. From this perspective, the drug abuser may endanger other employees, the public at large, or themselves. Damage to property, whether owned by this entity or not, could result from drug abuse on the job. All these actions might undermine public confidence in the services this entity provides. Therefore, in order to remain a responsible source for government contracts, the following guidelines have been adopted:

a. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the work place.

b. Violators may be terminated or requested to seek counseling from an approved rehabilitation service.

c. Employees must notify their employer of any conviction of a criminal drug statue no later than five days after such conviction.

d. Contractors of federal agencies are required to certify that they will provide drug-free workplaces for their employees.

Transactions subject to the suspension/debarment rules (covered transactions) include grants, subgrants, cooperative agreements, and prime contracts under such awards. Subcontracts are not included. Also, the dollar threshold for covered procurement contracts is $25,000. Contracts for Federally required audit services are covered regardless of dollar amount.

47. Debarment and Suspension Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (2 CFR 200, Subpart F, Appendix II)

48. Royalty-Free Rights to Use Software or Documentation Developed 2 CFR 200.315 Intangible property.

a. Title to intangible property (see §200.59 Intangible property) acquired under a Federal award vests upon acquisition in the non-Federal entity. The non-Federal entity must use that property for the originally-authorized purpose, and must not encumber the property without approval of the Federal awarding agency. When no longer needed for the originally authorized purpose, disposition of the intangible property must occur in accordance with the provisions in §200.313 Equipment paragraph (e).

b. The non-Federal entity may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under a Federal award. The Federal awarding agency reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so.

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c. The non-Federal entity is subject to applicable regulations governing patents and inventions, including government wide regulations issued by the Department of Commerce at 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Awards, Contracts and Cooperative Agreements.”

d. The Federal Government has the right to:1. Obtain, reproduce, publish, or otherwise use the data produced under a

Federal award; and2. Authorize others to receive, reproduce, publish, or otherwise use such data

for Federal purposes.

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RFP No.: 3835Section V: Proposal Exceptions


SECTION VPROPOSAL EXCEPTIONS

Please return the Proposal Exception Summary Form at the end of this section with all exceptions to items in any Section of this RFP listed and clearly explained or state “No Exceptions Taken.” If no Proposal Exception Summary Form is included, the Vendor is indicating that he takes no exceptions to any item in this RFP document.

1. Unless specifically disallowed on any specification herein, the Vendor may take exception to any point within this RFP, including a specification denoted with ”shall” or “must,” as long as the following are true:

1.1 The specification is not a matter of State law;

1.2 The proposal still meets the intent of the RFP;

1.3 A Proposal Exception Summary Form is included with Vendor’s proposal; and

1.4 The exception is clearly explained, along with any alternative or substitution the Vendor proposes to address the intent of the specification, on the Proposal Exception Summary Form.

2. The Vendor has no liability to provide items to which an exception has been taken. ITS has no obligation to accept any exception. During the proposal evaluation and/or contract negotiation process, the Vendor and ITS will discuss each exception and take one of the following actions:

2.1 The Vendor will withdraw the exception and meet the specification in the manner prescribed;

2.2 ITS will determine that the exception neither poses significant risk to the project nor undermines the intent of the RFP and will accept the exception;

2.3 ITS and the Vendor will agree on compromise language dealing with the exception and will insert same into the contract; or

2.4 None of the above actions is possible, and ITS either disqualifies the Vendor’s proposal or withdraws the award and proceeds to the next ranked Vendor.

3. Should ITS and the Vendor reach a successful agreement, ITS will sign adjacent to each exception which is being accepted or submit a formal written response to the Proposal Exception Summary responding to each of the Vendor’s exceptions. The Proposal Exception Summary, with those exceptions approved by ITS, will become a part of any contract on acquisitions made under this RFP.

4. An exception will be accepted or rejected at the sole discretion of the State.

5. The State desires to award this RFP to a Vendor or Vendors with whom there is a high probability of establishing a mutually agreeable contract, substantially within the

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standard terms and conditions of the State's RFP, including the Standard Contract in Exhibit A, if included herein. As such, Vendors whose proposals, in the sole opinion of the State, reflect a substantial number of material exceptions to this RFP, may place themselves at a comparative disadvantage in the evaluation process or risk disqualification of their proposals.

6. For Vendors who have successfully negotiated a contract with ITS in the past, ITS requests that, prior to taking any exceptions to this RFP, the individual(s) preparing this proposal first confer with other individuals who have previously submitted proposals to ITS or participated in contract negotiations with ITS on behalf of their company, to ensure the Vendor is consistent in the items to which it takes exception.

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PROPOSAL EXCEPTION SUMMARY FORM

List and clearly explain any exceptions, for all RFP Sections and Exhibits, in the table below.

ITS RFP Reference

Vendor Proposal Reference

Brief Explanation of Exception

ITS Acceptance (sign here only if accepted)

(Reference specific outline point to which exception is taken)

(Page, section, items in Vendor’s proposal where exception is explained)

(Short description of exception being made)

1.2.3.4.5.6.7.

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RFP No.: 3835Section VI: RFP Questionnaire


SECTION VIRFP QUESTIONNAIRE

Please answer each question or provide the information as requested in this section.

1. Mississippi’s Accountability System for Government Information and Collaboration (MAGIC) Information for State of Mississippi Vendor File

1.1 MAGIC Vendor Code: Any Vendor who has not previously done business with the State and has not been assigned a MAGIC Vendor code should visit the following link to register:

https://sus.magic.ms.gov/sap/bc/webdynpro/sapsrm/wda_e_suco_sreg?sap-client=100

Vendors who have previously done business with the State may obtain their MAGIC Vendor code and all Vendors may access additional Vendor information at the link below.

All Vendors must furnish ITS with their MAGIC Vendor code.

MAGIC Vendor Code: __________________________________

1.2 Vendor Self-Certification Form: The State of Mississippi, in an effort to capture participation by minority Vendors, asks that each Vendor review the State of Mississippi Minority Vendor Self Certification Form. This information is for tracking/reporting purposes only, and will not be used in determining which Vendor will be chosen for the project. Any Vendor who can claim status as a Minority Business Enterprise or a Woman Business Enterprise in accordance with the definitions on this form and who has not previously submitted a form to the State of Mississippi should submit the completed form with the proposal. A copy of the Minority Vendor Self-Certification Form can be obtained at:

http://www.mississippi.org/assets/docs/minority/minority_vendor_selfcertform.pdf

Please direct any questions about minority certification in Mississippi to the Minority Business Enterprise Division of the Mississippi Development Authority by telephone at (601) 359-3448 or via email at [email protected].

If Vendor is claiming status as a Minority Business Enterprise or Woman Business Enterprise, the Vendor must include a copy of their Minority Vendor Self-Certification Form with their RFP response.

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mailto:[email protected]

http://www.mississippi.org/assets/docs/minority/minority_vendor_selfcertform.pdf

https://sus.magic.ms.gov/sap/bc/webdynpro/sapsrm/wda_e_suco_sreg?sap-client=100



2. Certification of Authority to SellThe Vendor must certify Vendor is a seller in good standing, authorized to sell and able to deliver all items and related services proposed in the State of Mississippi in the time frame specified. Does the Vendor make these certifications? (A yes or no answer is required.)

3. Certification of No Conflict of InterestMississippi law clearly forbids a direct or indirect conflict of interest of a company or its employees in selling to the State. The Vendor must answer and/or provide the following:

3.1 Does there exist any possible conflict of interest in the sale of items to any institution within ITS jurisdiction or to any governing authority? (A yes or no answer is required.)

3.2 If the possibility of a conflict does exist, provide a list of those institutions and the nature of the conflict on a separate page and include it in your proposal. The Vendor may be precluded from selling to those institutions where a conflict of interest may exist.

4. Pending Legal Actions

4.1 Are there any lawsuits or other legal proceedings against the Vendor that pertain to any of the software, hardware, or other materials and/or services which are a part of the Vendor’s proposal? (A yes or no answer is required.)

4.2 Are there any criminal or civil proceedings (federal or state) pending against the Vendor or its principals or employees that pertain to any public procurement within the State of Mississippi or elsewhere? (A yes or no answer is required.)

4.3 If your answer to either of the above is “yes”, provide a copy of same and state with specificity the current status of the proceedings.

4.4 The State, at its sole discretion, may reject the proposal of a Vendor who (a) has criminal or civil proceedings pending that pertain to a public procurement within Mississippi or elsewhere, or (b) has lawsuits or other legal proceedings pending that pertain to any of the products or services which are part of the Vendor’s proposal.

5. Non-Disclosure of Social Security Numbers Does the Vendor acknowledge that any information system proposed, developed, or modified under this RFP that disseminates, in any form or manner, information or material that contains the Social Security Number of an individual, has mechanisms in place to prevent the inadvertent disclosure of the individual’s Social Security Number to members of the general public or to persons other than those persons who, in the performance of their duties and responsibilities, have a lawful and legitimate need to know the individual’s Social Security Number? This acknowledgement is required by Section 25-1-111 of the Mississippi Code Annotated.

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6. Order and Remit AddressThe Vendor must specify both an order and a remit address:

Order Address:

Remit Address (if different):

7. Taxpayer Identification NumberVendor must specify their taxpayer identification number.

8. Web AmendmentsAs stated in Section III, ITS will use the ITS website to post amendments regarding RFPs before the proposal opening at:


ITS may post clarifications until noon seven days prior to the proposal opening date listed on the cover page of this RFP or the posted extension date, if applicable.

Vendors may list any questions or items needing clarification discovered in the week prior to the proposal opening in a written format at the beginning of the proposal binder or in the comment section for the individual offering.

Does the Vendor certify that they have reviewed a copy of the ITS amendments for RFPs as above stated? (A yes or no answer is required.)

9. Certification of Liability Insurance Vendor must provide a copy of their Certificate of Liability Insurance with their RFP response.

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10. E-Verify Registration Documentation Vendor must ensure its compliance with the Mississippi Employment Protection Act, Section 71-11-1, et seq. of the Mississippi Code Annotated (Supp2008). Vendor must provide documentation of their E-Verify compliance with their RFP response. See Section IV, Item 41 for additional information.

11. System for Award Management (SAM) Registration DocumentationVendor must include a copy of their registration with the Federal Government’s System for Award Management (SAM) with their RFP response.

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RFP No.: 3835Section VII: Technical Specifications


SECTION VIITECHNICAL SPECIFICATIONS

1. How to Respond to this Section

1.1 Beginning with Item 2.1 of this section, label and respond to each outline point in this section as it is labeled in the RFP.

1.2 The Vendor must respond with “ACKNOWLEDGED,” “WILL COMPLY” or “AGREED” to each point in this section. In addition, Vendors must respond to each specification beginning in Section VII, Item 8 through Item 12 with a narrative description. Failure to provide the information requested will result in the Vendor receiving a lower score for that item, or, at the State’s sole discretion, being subject to disqualification. The description must include the following:

1.2.1 A description of the methodology to be followed in accomplishing each requirement, in order to demonstrate the Vendors understanding of this RFP.

1.2.2 Information about past performance results for similar work in a Medicaid environment; lessons learned from those projects and how they will be applied to this project.

1.3 “ACKNOWLEDGED” should be used when no vendor response or vendor compliance is required. “ACKNOWLEDGED” simply means the vendor is confirming to the State that he read the statement. This is commonly used in the RFP sections where the agency’s current operating environment is described or where general information is being given about the project.

1.4 “WILL COMPLY” or “AGREED” are used interchangeably to indicate that the vendor will adhere to the requirement. These terms are used to respond to statements that specify that a vendor or vendor’s proposed solution must comply with a specific item or must perform a certain task.

1.5 If the Vendor cannot respond with “ACKNOWLEDGED,” “WILL COMPLY,” or “AGREED,” then the Vendor must respond with “EXCEPTION.” (See Section V, for additional instructions regarding Vendor exceptions.)

1.6 Where an outline point asks a question or requests information, the Vendor must respond with the specific answer or information requested.

1.7 In addition to the above, Vendor must provide explicit details as to the manner and degree to which the proposal meets or exceeds each specification.

2. Mandatory Provisions in Technical Requirements for this RFP

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2.1 Certain items in the technical specifications of this RFP are MANDATORY. Vendors are specifically disallowed from taking exception to these mandatory requirements, and proposals that do not meet all mandatory requirements are subject to immediate disqualification.

2.2 Mandatory requirements are those features classified as “MANDATORY” in Section VII, Technical Specifications. “Meeting a mandatory requirement” means the Vendor is able to respond “E” (exceeds specifications) or “X” (exists in base version of software package).

2.3 MANDATORY: Attendance at the Vendor Web Conference on Thursday, September 21, 2017 at 3:00 p.m. (Central Time) is mandatory for any Vendor who intends to submit an RFP response. No exceptions will be granted to this requirement. Any proposal received from a Vendor who did not have an authorized representative at the Vendor Conference will be rejected.

2.3.1 To access the MANDATORY web conference, Vendors must contact Khelli Reed via e-mail no later than 12:00 p.m. Central Time, Wednesday, September 20, 2017, to receive dial-in instructions.

2.3.2 Vendors should contact Khelli Reed via e-mail prior to the conference with any particular request of the state of material to be covered during the conference.

3. General Overview and Background

3.1 Common Acronyms

Common Acronyms

BAA Business Associate Agreement

CMS Centers for Medicare and Medicaid Services

CCO Coordinated Care Organizations

DW/DSS Data Warehouse/Decision Support System

DED Deliverable Expectation Document

DDI Design, Development and Implementation

DOM Mississippi Division of Medicaid

DUA Data Use Agreement

EHR Electronic Health Records

FFP Federal Financial Participation

HIE Health Information Exchange

HIT Health Information Technology

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Common Acronyms

IT Information Technology

iTECH Office of Information Technology Management

IV&V Independent Verification and Validation

MECL Medicaid Enterprise Certification Life Cycle

MECT Medicaid Enterprise Certification Toolkit

MES Medicaid Enterprise Solution

MITA Medicaid Information Technology Architecture

MMES Modularized Medicaid Enterprise System

MMIS Medicaid Management Information System

NDA Non-Disclosure Agreement

NwHIN Nationwide Health Information Network

PBM Pharmacy Benefit Management

PMO Project Management Office

PMP Project Management Professional

POS Point of Sale

SDLC System Development Life Cycle (State)

SLR/NLR State Level Registry/National Level Registry

SOA Service Oriented Architecture

SMHP State Medicaid Health Information Technology Plan

XLC CMS Expedited Life Cycle

3.2 Glossary

Project Management Plan The Project Management Plan documents how the project is executed, monitored and controlled. It is composed of multiple management plans, including but not limited to: Communications Management Plan, Risk Management Plan, Requirements Management Plan, and Scope Management Plan.

MES Project Management Team

The Project Management Team will be comprised of all Vendors associated with the MES Project including the MES Vendor, the current MMIS Fiscal Agent, the Project Management Office Vendor, the Independent Validation & Verification Vendor, the Test

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Management Vendor, the Change Management Vendor, DOM employees, and any Subcontractor(s) associated with the implementation of the MES project.

Work Plan The Work Plan documents how the Vendor plans to complete a quality project within a given amount of time and in compliance with a set budget. The Work Plan includes but is not limited to: resource utilization, milestones, deliverables, critical path, schedule, and work breakdown structure.

Master Work Plan

Change Management

The Master Work Plan is an integrated project work plan that incorporates each Vendor’s individual Work Plan into a comprehensive work plan for managing the project.

Change management includes all processes that focus on understanding the level of change that the MES will bring to DOM, its staff and its stakeholders. Change management includes all aspects related to organizational and systems Change Management.

3.3 Introduction

3.3.1 DOM is replacing its existing systems and Fiscal Agent Services with a modularized solution, referred to as the MMES (Modularized Medicaid Enterprise System), that will streamline the administration and oversight of its health care programs. This new MES requires expanding the current concept of a traditional MMIS focused on claims payment to become a system that not only processes claims, but is also able to process clinical and administrative data to provide a comprehensive view of all members for all federal and State of Mississippi health care programs administered by the DOM enterprise. The underlying technology of the MES must be based on MITA principles, must adhere to CMS’ seven standards and conditions and be based upon SOA.

3.3.2 Technology is a key component in the realignment of DOM business processes to achieve a member-centric focus for the MES. This is captured in several State initiatives currently underway. SMHP frames the overarching DOM technology vision. The SMHP outlines how DOM will modernize its IT management and support capability. The SMHP can be accessed via DOM website at: SMHP

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http://www.medicaid.ms.gov/wp-content/uploads/2014/03/StateMedicaidHealthInfoTechPlan.pdf



3.3.3 DOM contracts with a Fiscal Agent for operation of the MMIS, PBM/POS and the DW/DSS. The Fiscal Agent maintains the provider file and member eligibility records, processes claims, and maintains reporting systems that enable DOM to monitor the program and enforce its policies and procedures, as well as aid in agency decision-making. In addition to maintaining the system, the Fiscal Agent performs several operational functions including claims resolution, provider enrollment, provider customer service (call center), triage of escalated member calls, PBM services, federal drug rebate, development/revision of standard reports, and financial services including provider reimbursement and processing of capitated payments for CCOs.

3.4 Background

3.4.1 Following a competitive procurement in 2005 for a takeover and enhancement of the MMIS system and operations, Conduent, formerly Xerox, was selected to provide the MMIS and Fiscal Agent services for DOM. Additionally, in 2008 Conduent assumed responsibility for the support of DW/DSS.

3.4.2 DOM issued an RFP on October 25, 2013 for the Implementation and Operation Services for the MES and Fiscal Agent Services.

3.4.3 To assist with the MES implementation, DOM has determined the need for a PMO Vendor, and an IV&V Vendor. All MES service Vendors must be acting under the full authority of DOM in performing activities defined within this RFP.

3.4.4 All Vendors will be required to cooperate and work with each other to encourage integrity, honesty, professionalism and promote the successful implementation of the MES. All Vendors must work as a joint team with the MES Vendor, the current MMIS Fiscal Agent, the Project Management Office Vendor, and the Independent Validation & Verification Vendor, DOM employees, and any Subcontractor(s) associated with the implementation of the MES project.

3.4.5 Vendors that will be serving as the prime or subcontractor role for the MES implementation and operation services will not be considered for the award of any of these components. The Vendor winning the IV&V Services for the MES may not be the same Prime or Subcontractor that is awarded a contract for PMO Services.

3.5 Phased Award Approach

3.5.1 The intent of this RFP is to select two Vendors to provide PMO, and IV&V services for DOM.

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3.5.2 Vendors are encouraged to submit the best possible candidates for the services they intend to propose.

3.5.3 Phase I: Selection of the IV&V Vendor: The State will remove the awarded IV&V Vendor from consideration for the PMO award.

3.5.4 Phase II: Selection of the PMO Vendor from the remaining Vendors.

3.6 Independent Validation and Verification Overview

3.6.1 DOM is seeking to retain a Vendor for IV&V Services to provide an unbiased assessment of the quality and readiness of system components, project deliverables or any other items required for the successful implementation of the MES.

3.6.2 The IV&V Vendor will analyze and report on each Vendor’s responsibilities and performance metrics to DOM to verify that the MES solution meets business and technical requirements.

3.6.3 DOM will procure an IV&V Vendor that will be technically, managerially, and financially independent of the MES, and PMO. The selected IV&V Vendor must have experience with an IV&V implementation.

3.7 PMO Overview

3.7.1 DOM is seeking to retain a Vendor for PMO Services to oversee, manage, and integrate the implementation of a new MITA - compliant MES and Fiscal Agent Services. The Vendor must provide oversight of a multi-Vendor environment to achieve a successful configuration, development, design, implementation, and certification of the MES while ensuring that the project is completed within budget and on schedule.

3.7.2 DOM will procure a Vendor for PMO services that will be technically, managerially, and financially independent of the MES Vendor and IV&V Vendor. The selected PMO Vendor must have experience with an MES implementation.

3.8 DOM’s Health Information Technology (HIT) Vision:

3.8.1 Currently, the Mississippi Medicaid enterprise has many business processes that are in MITA Level 1 maturity with some business processes in Level 2. The components of the MES must comply with the CMS Seven Conditions and Standards in all areas and must enhance the Mississippi Medicaid Enterprise to MITA Level 3 maturity or greater in all business process areas. DOM’s goals include offering efficient business processes, performance, cost effectiveness, and adherence to the MITA framework.

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3.8.2 Additional objectives of the MES include the following:

3.8.2.1 Implementing an enterprise-wide Care Management case tracking System;

3.8.2.2 Improving financial management and program reporting;

3.8.2.3 Implementing functionality to support national initiatives (ANSI X12 5010 transactions, ICD-10 code sets, HL7, etc.);

3.8.2.4 Improving customer service;

3.8.2.5 Enhancing Medicaid web portal capabilities;

3.8.2.6 Implementing an integrated Master Patient Index;

3.8.2.7 Integrating with DOM’s document management system;

3.8.2.8 Supporting an SOA solution; and

3.8.2.9 Utilizing an Electronic Service Bus.

3.9 Project Duration

DOM will execute two contracts for IV&V and PMO. The MES is estimated to begin on or around January 1, 2018 for the design, development and implementation of the MES and is expected to last a total of 48 months. The IV&V and PMO are estimated to begin on or about January 1, 2018. DOM may require additional time to implement the full MES solution. All awarded contracts will have optional renewal periods. DOM will have the sole discretion to extend the contracts with the Vendors, as deemed necessary. See MES DDI Major Milestone Schedule, Exhibit C.

3.10 Location of Work

The MES Vendor will have limited space available for each Vendor participating in the MES project. Each awarded Vendor will have access to temporary office space located adjacent to DOM’s central office located in Jackson, Mississippi.

3.11 Facilities and Equipment

3.11.1 Vendors will be provided cubicle work areas. Additionally, DOM will provide shared access to conference rooms, training facilities, and breakrooms. DOM will also provide awarded Vendors access to shared office equipment such as copiers, projectors and

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telephones (the state will not provide individual phones or long distance access).

3.11.2 Awarded Vendors are expected to establish their own technical environment and provide their own software and computer equipment (laptops, tablets, cell phones, etc.) for the duration of the project. All computer software must be compatible with DOM’s environment (Microsoft Office 2010 or later, Internet Explorer 11 or later, and Windows 7 Enterprise operating system).

3.11.3 Prior to connecting any computer equipment to the State’s network, the selected Vendor must obtain written approval from DOM’s Deputy Administrator of the Office of Information Technology Management and have completed a fully executed contract, including Exhibit B, a BAA, and potentially a Non-Discrimination Agreement, and/or Data Use Agreement. Approval may be given once connectivity requirements have been presented and the selected Vendor demonstrates compliance with the State’s policies and requirements, including security requirements.

3.12 Vendor Payment

3.12.1 For each contract awarded, the Vendor must be paid in accordance with their bid price proposal set forth in Section VIII, Cost Information Submission, which shall be a firm fixed price for the period of the Contract. The total amount payable under each contract shall not exceed the submitted price unless amended by DOM and the awarded Vendor.

3.12.2 Payments shall be based on the proposed payment plan by the Vendor and the Agreement that shall be finalized during contract negotiations. Payments shall be based upon submitted invoices and supporting documentation associated with the agreed upon payment plan. Supporting documents must provide a description to sufficiently justify payment by DOM. The deliverable-based payments for this project shall be made only upon DOM acceptance of the prescribed deliverables.

3.12.3 To secure the Vendor’s performance under this Contract, the Vendor agrees that DOM will hold back as retainage fifteen percent (15%) of each amount payable including amounts payable under Change Orders. The retainage amount shall be released upon final acceptance of the MES System by DOM.

3.13 Project Organization Chart

The organizational chart below is the initial draft of the anticipated MES project organization. The Project Organization is subject to change once all vendor roles have been awarded. A project governance structure will be

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defined during MES project initiation as a foundation for a common program management structure for all project initiatives within DOM, including Eligibility & Enrollment, Health Information Exchange / Health Information Technology, and all components of the modularized MMIS.

4. Procurement Project Schedule

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Executive Steering Committee (State)

Systems Integrator (Vendor TBD)

MES Project Director (State)

MES Project Manager (State)

MES Project Staff (State)

PMO (Vendor)

Change Management

(Vendor)Testing (Vendor)

MES System and Fiscal Agent

Services (Vendor)

Quality Assurance Manager (State)

Quality Assurance Staff (State)

IV&V (Vendor)

Task DateFirst Advertisement Date for RFP 09/12/2017Second Advertisement Date for RFP 09/19/2017Vendor Conference 3:00 p.m. Central

Time on 09/21/2017Deadline for Vendor’s Written Questions 3:00 p.m. Central

Time on 09/26/2017Deadline for Questions Answered and Posted to ITS Web Site

10/06/2017

Open Proposals 10/20/2017Evaluation of Proposals 10/20/2017 –

11/10/2017Oral Presentations & On-Site Interviews 11/13/2017 –

11/16/201711/27/2017 – 12/01/2017

ITS Board Presentation 12/21/2017 Contract Negotiation 12/01/2017 –

12/30/2017Proposed Start-up TBD



5. Statement of Understanding

5.1 Vendors may request additional information or clarifications to this RFP using the following procedure:

5.1.1 Vendors must clearly identify the specified paragraph(s) in the RFP that is in question. The following table should be used to format Vendor questions.

Question RFPItem

RFP Page

Vendor Question

1

2

3

4

5

5.1.2 Vendor must deliver a written document to Khelli Reed at ITS by Tuesday, September 26, 2017 at 3:00 p.m. Central Time. This document may be delivered by hand, mail, email, or fax. Address information is given on page one of this RFP. The fax number is (601) 713-6380. ITS WILL NOT BE RESPONSIBLE FOR DELAYS IN THE DELIVERY OF QUESTION DOCUMENTS. It is solely the responsibility of the vendor that the clarification document reaches ITS on time. Vendors may contact Khelli Reed to verify the receipt of their document. Documents received after the deadline will be rejected.

5.1.3 All questions will be compiled and answered, and a written document containing all questions submitted and corresponding answers will be posted on the ITS web site by close of business on Friday, October 6, 2017.

5.2 Categories of Service:

5.2.1 IV&V Specifications, Items 8 and 9.

5.2.2 PMO Specifications, Items 10 and 11.

5.3 Vendors may submit a proposal for one or both of the categories of service.

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5.4 The Vendors must respond to each item within the Requirements and Qualifications sections for each category of service they intend to propose, describing in detail how their proposed services will meet the requirements. If a Vendor chooses not to respond to a specific category of service, they must respond N/A at the heading level. Failure to respond as described may result in Vendor’s proposal being eliminated from further consideration. The narrative descriptions must include the following:

5.4.1 A description of the methodology to be followed in accomplishing each requirement outlined in the Requirements and Qualifications sections in sufficient detail to demonstrate the Vendor’s understanding of this RFP.

5.4.2 A comprehensive description of the proposed Work Plan and how the proposed schedule will support a successful implementation of the MES.

5.4.3 A summary of how DOM staff will be used as resources in this project and how the Vendor intends to accomplish knowledge transfer to DOM staff. DOM staff must be included in all aspects of the engagement.

5.4.4 Information about past performance results for similar work in a Medicaid environment for the categories of services being proposed, lessons learned from those projects and how they will be applied to this project.

5.5 Vendors are required to fill out a Staff Experience Form, Attachment 3, for every individual that will be proposed.

5.6 Vendors must fill out experience forms for each category proposed.

5.7 Vendors are not allowed to propose or contract with off-shore or near-shore resources without prior DOM approval.

5.8 Bond Requirements:

5.8.1 Vendors submitting a proposal for IV&V are required to submit a performance bond and include the cost of a performance bond in Section VIII, Cost Information Submission

5.8.2 Vendors submitting a proposal for PMO are required to submit a performance bond and include the cost of a performance bond in Section VIII, Cost Information Submission.

5.8.3 If a Vendor is submitting a proposal for both IV&V and PMO, only one bond is required. Vendor must submit a bond for the higher amount.

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5.9 DOM may conduct performance reviews or evaluations of the Vendor in relation to the work performed under this Contract.

5.10 Conflict of Interest

5.10.1 Any Vendor (and its subcontractors) serving in the role of independent validation and verification (IV&V) service Vendor/provider to the state MES project is prohibited from soliciting, proposing, or being awarded any project management, quality assurance, software design, development, or other manner of planning, design, development, or implementation phase activity on the MES project for which these IV&V services are being procured.

5.10.2 This exclusion is executed in accordance with federal regulations at 45 CFR 95.626, which require that this IV&V effort “... be conducted by an entity that is independent from the State (unless the State receives an exception from the CMS/HHS).”

5.10.3 For purposes of clarity, the Center for Medicaid and Children’s Health Insurance Program (CHIP) Services (CMCS) defines “the State” in the above regulatory citation as being a state’s IT project, and the umbrella agency or department. The primary purpose of this exclusion is to ensure that the IV&V service provider avoids any real or perceived conflicts of interest. For federal purposes, the scope of IV&V includes planning, management, and other programmatic activities in conformance with the term’s usage in federal regulations at 45 CFR 95.626.

5.10.4 IV&V is the set of verification and validation activities performed by an agency not under the control of the organization designing, developing and implementing the software. IV&V services must be provided and managed by an organization that is technically and managerially independent of the subject software development project. This independence takes two mandatory forms.

5.10.4.1 First, technical independence requires that the IV&V services provider organization, its personnel, and subcontractors are not and have not been involved in the software development or implementation effort or in the project’s initial planning and/or subsequent design. Technical independence helps ensure that IV&V review reports are free of personal or professional bias, posturing, or gold plating.

5.10.4.2 Second, managerial independence is required to make certain that the IV&V effort is provided by an organization that is departmentally and hierarchically separate from the software development and program management organizations. Managerial independence

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helps ensure that the IV&V service provider can deliver findings and recommendations to state and federal executive leadership and management without restriction, fear of retaliation, or coercion (e.g., reports being subject to prior review or approval from the development group before release to outside entities, such as the federal government).

5.11 Overview of CMS Expedited Life Cycle (XLC)

The XLC model provides a streamlined approach to project oversight and execution. It is the next generation of project life cycle processes with a flexible approach to project execution and governance, using a level of governance directly associated with each project’s complexity. This model promotes agility, effective project review, and establishing appropriate oversight early in the process, increasing predictability and efficiency. Additional information on the XLC can be found at:

https://www.cms.gov/Research-Statistics-Data-and-Systems/CMS-Information-Technology/XLC/index.html

5.12 Overview of the MMIS Certification Lifecycle

The Medicaid Enterprise Certification Lifecycle (MECL) administered by CMS contains four life-cycle phases and three types of certification milestone reviews. The milestone reviews occur at different phases of system/module development. The types of milestone reviews are the Project Initiation Milestone Review, the Operational Milestone Review, and the MMIS Certification Final Review. The life cycle and its milestone reviews are explained in detail in the CMS Medicaid Enterprise Certification Toolkit.

5.13 The State anticipates having additional Medicaid related IV&V projects; Vendor must acknowledge that additional subject matter experts may be required.

5.13.1 The State will provide an overview similar to Items 8 and 9; Vendor must be willing to submit deliverables similar to those outlined in Item 8.21 of this RFP, for the additional projects.

5.13.2 The awarded Vendor will be bound to this RFP and contract. The State will issue an Amendment to the Agreement for the additional resources.

5.14 The State anticipates having additional Medicaid related PMO projects; Vendor must acknowledge that additional subject matter experts may be required.

5.14.1 The State will provide an overview similar to Items 10 and 11; Vendor must be willing to submit deliverables similar to Item 10.22 of this RFP, for the additional projects.

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5.14.2 The awarded Vendor will be bound to this RFP and contract. The State will issue an Amendment to the Agreement for the additional resources.

5.15 The State anticipates the need for Medicaid related Test Management/Change Management services; Vendor must acknowledge that additional subject matter experts may be required for these services.

5.16 Hourly Rates for Change Orders

The Vendor must provide fully loaded rates for each proposed role. These rates shall be used in pricing of any subsequent change orders. Fully loaded rates include hourly rate plus travel, per diem, and lodging.

5.17 The Vendor will be required to perform all project work and adhere to the standards, guidelines, and rules outlined in the Project Management Institute’s Project Management Book of Knowledge (PMBOK).

5.18 Additional Activities Proposed

The Vendor is encouraged to recommend best practices or additional activities that would add value to the project in their RFP response. Any non-required activities which incur additional cost should be priced as an option, separate from the required activities in the RFP response.

6. Additional Requirements

6.1 The State recognizes that this RFP may not reflect an exhaustive list of services and roles that would be required to successfully accomplish the objectives set forth in the MES implementation. Therefore, each Vendor is encouraged to utilize their experience and best practices associated with MES implementations to propose a comprehensive solution.

6.1.1 Vendor must clearly identify any additional services and roles they are proposing that are beyond the requirements of this RFP and include any associated cost as a separate line item in Section VIII, Cost Information Submission.

7. Vendor Background, Experience and Staffing Requirements

7.1 Vendor must provide a detailed background of the corporation that includes:

7.1.1 Date established

7.1.2 Ownership (e.g. public company, partnership, subsidiary)

7.1.3 Location of the principal place of business

7.1.4 Number and location of other satellite offices

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7.1.5 Total number of employees

7.1.5.1 Full-time

7.1.5.2 Vendors/Subcontractors

7.1.5.3 Within the United States

7.1.5.4 Off-shore/Near-shore

7.1.6 Number of employees currently engaged in projects similar in size and scope to the services required in this RFP.

7.1.7 Lines of business and approximate percentages (e.g. Project Management 20%, IV&V 70%, Test Management 5%, Change Management 5%).

7.1.8 Professional accreditations pertinent to the services required by this RFP.

7.2 Organization and Staffing

The Vendor must describe how their proposed organization and staffing will meet the requirements identified in this RFP. The Vendor must provide the following information:

7.2.1 Project staffing requirements:

7.2.1.1 The Vendor must propose a qualified team with experience and expertise necessary to fulfill the requirements of this RFP.

7.2.1.2 The Vendor must provide a team of individuals who must be experienced in projects similar in size and scope to those requested in this RFP.

7.2.1.3 If any of the members of the proposed team have previous experience working together, Vendor must name the proposed team members who have previously worked together, their role on the team and the duration of the experience. Additional consideration may be given to teams who have prior experience working together.

7.2.1.4 The Vendor must document its relationship with any proposed subcontractors, including how it will monitor these subcontractors; and its experience working with any proposed subcontractors. The Vendor must provide references and qualifications of proposed

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subcontractors, and resumes of any subcontractor staff proposed to work on this project

7.2.1.5 The Vendor must submit a Staffing Plan to DOM for review and approval.

7.2.1.6 The staffing plan shall include:

7.2.1.6.1 How the Vendor plans to address staffing requirements;

7.2.1.6.2 A description of each role, the responsibilities associated with the role and identify the proposed staff resource;

7.2.1.6.3 The utilization rate of each person proposed to work on the project;

7.2.1.6.4 The time commitment of the proposed project personnel by project phase;

7.2.1.6.5 The plan to manage changes in staff through all phases of the project;

7.2.1.6.6 The methodology for estimating time required for performing project tasks;

7.2.1.6.7 A contingency strategy that describes the ability to add more staff, if needed, to ensure meeting the project's due dates;

7.2.1.6.8 A narrative that identifies and discusses staff redundancy, staff replacement, back-up personnel and ability of the proposed staff to perform their assigned tasks; and

7.2.1.6.9 An explanation of how staff will be made available after normal working hours on an as-needed basis with prior notification.

7.2.1.6.10 Vendor must define their formula for a Full Time Equivalent (FTE) including the number of hours, indicated as a monthly or annual value, used as the denominator.

7.2.1.7 Key Personnel

7.2.1.7.1 DOM defines Key Personnel as staff who fill critical project roles and who have the authority and responsibility for planning,

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directing and controlling the project activities necessary for a successful project implementation. Vendor should clearly identify in their proposal any staff that is considered Key Personnel.

7.2.1.7.2 While it is DOM’s preference that Key Personnel are onsite in Jackson, MS, during normal business hours, DOM recognizes that each Vendor may have a preferred staffing model for these types of engagements that provides varying onsite presence depending upon the role being filled and the project phase. Since DOM believes that the onsite presence of Key Personnel is crucial to the success of the project, DOM expects the Vendor to provide justification for any proposed offsite work.

7.2.1.7.2.1 The State defines normal business hours as 8:00 a.m. to 5:00 p.m. Central Time, Monday through Friday.

7.2.1.7.3 DOM will have the right to interview and approve any and all proposed Key Personnel.

7.2.1.7.4 DOM has defined a minimum set of Key Personnel roles for each category of service, as outlined in Item 9.6, and Item 11.8.

7.2.1.7.5 The Vendor must include a statement indicating to what extent, if any, the key project personnel may work on other projects during the term of the Contract. DOM may reject any proposal that commits the proposed key project personnel to other projects during the term of the Contract if DOM believes that such commitment may be detrimental to the Vendor's performance.

7.2.1.7.6 During the first 180 calendar days of the contract period, no substitutions of Key Personnel shall be permitted unless such substitutions are necessitated by an individual's sudden illness, death, resignation, or otherwise approved or requested by DOM. In any of these events,

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or time periods, the Vendor must immediately notify DOM and provide the information required below:

7.2.1.7.6.1 All proposed substitutions of Key Personnel must be made in writing at least 20 business days in advance of the substitution and must be submitted to the DOM Project Management Team; and

7.2.1.7.6.2 DOM must agree to the substitution before substitution shall become effective.

7.2.2 Project Organizational Chart

The Vendor must submit an organizational chart that clearly defines reporting relationships within the MES project team delivering the services, including designation of Key Personnel.

7.2.2.1 Vendor must submit a project organization chart that clearly defines the following components:

7.2.2.1.1 Each role being proposed for the category of service must also include a designation of Key or Non-Key Personnel.

7.2.2.1.2 For each role designated as Key Personnel, a named staff member must be identified.

7.2.2.1.3 Any role identified on the project organization chart that is not fulfilled by Key Personnel must include a representative profile with the requisite qualifications, experience and education.

7.2.2.1.4 The time commitment (full-time, part-time, temporary status, consultant) for each role must be specified for each aspect of the project.

7.2.3 Vendor Organization Chart

The Vendor must submit an organizational chart that clearly defines reporting relationships within the organization for the proposed MES project team. Key Personnel must be named within the organization chart.

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7.2.4 Résumés and References for Key Personnel

7.2.4.1 Vendors must submit résumés of all proposed Key Personnel.

7.2.4.2 The résumés of proposed Key Personnel shall include:

7.2.4.2.1 Duration and experience as an employee with the Vendor;

7.2.4.2.2 All experience in working with Medicaid programs;

7.2.4.2.3 Experience in working on large-scale claims processing systems;

7.2.4.2.4 Management experience (if applicable);

7.2.4.2.5 Supervisory experience, including details and number of people supervised (if applicable);

7.2.4.2.6 Experience in the type of services to be provided by this RFP;

7.2.4.2.7 Relevant education, training, and certification including college degrees, dates of completion, and institution name and address;

7.2.4.2.8 Names, positions, current address, current phone numbers and valid email address of a minimum of two (2) persons who can give information on each of the proposed candidates experience and competence.

7.2.4.2.9 Each project referenced in a résumé should include the client name, the time period, services performed, as well as a brief description of the project and the person's responsibilities.

7.2.4.3 Experience narratives must be attached to the résumés describing specific experience with the type of service to be provided within this RFP. The Vendor must describe specific experience with Medicaid projects and include any professional credentials, licenses and recent and relevant continuing education.

7.2.5 Back-up Personnel Plan

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7.2.5.1 If additional staff is required to perform the functions of the contract, the Vendor should outline specifically its plans and resources for adapting to these situations.

7.2.5.2 The Vendor should address plans to ensure the longevity of staff in order to allow for effective DOM support.

8. IV&V Vendor Requirements and Responsibilities

8.1 The purpose of this section is to present DOM’s requirements for a Vendor to perform technical services, independent quality assurance, and IV&V functions for the MES project. The Vendor awarded this contract must perform a set of validation and verification activities as an entity that is independent of the organization that is developing the MES or any other entity associated with the implementation of the MES. The IV&V services will include an unbiased assessment of the quality and readiness of the project deliverables, system, or any items the project is commissioned to produce. The IV&V Vendor must verify the project’s technical solution and determine if the correct system is built and deliverables and project results meet the goals, objectives, and business requirements, as intended. The Vendor is expected to plan and perform IV&V services in accordance with industry best practices and standards.

8.2 The IV&V Vendor will provide objective and independent assessments of the system and services for all Vendors associated with the implementation and certification of the MES, and recommend risk mitigation strategies.

8.3 The Vendor must provide IV&V services for CMS and DOM in support of the MECL in accordance with guidance found in the Medicaid Enterprise Certification Toolkit.

8.4 The IV&V Vendor Requirements and Responsibilities include, but are not limited, to the following:

8.4.1 Technical Services

8.4.1.1 Technical Services requires providing architectural and programmatic expertise to ensure that the technical requirements and design decisions are sound and up-to-date with the latest technologies and standards in use today. Technical Services will also ensure that documentation is in compliance with accepted and required standards (e.g. CMS requirements).

8.4.1.2 The IV&V Vendor is tasked with providing technical review and verification of key project milestones and deliverables. The Vendor must serve as a technical resource and participate with the MES Vendors in all

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phases of the project, including post implementation monitoring, CMS certification and stabilization.

8.4.2 Quality Assurance

8.4.2.1 Quality Assurance requires oversight of the entire project to ensure that requirements are delivered in a manner that serves the goals of the project (e.g., ease of use at a reduced overall cost, streamlining of information sharing, and highly repeatable business processes).

8.4.2.2 Quality Assurance will review and monitor project planning, delivery, SDLC processes (including delivery artifacts such as deliverables and work products) to ensure that DOM and other Vendors are working collaboratively and in concert with one another in an accountable manner, and that the program maintains high quality standards that track and equate with the contracted solution.

8.4.3 Verification

8.4.3.1 Verification requires monitoring project compliance with stated plans, development, and implementation methodologies, overarching quality standards, business processes, and procedures. DOM expects the IV&V Contractor to follow the XLC and MECL processes in accordance with CMS, with the goal of increasing project flexibility, enhancing project clarity, increasing project support, and creating more transparency and predictability.

8.4.3.2 The IV&V Vendor will be required to adhere to the XLC gate review process and the Seven Standards and Conditions.

8.4.3.3 The services required as a result of this RFP will be applicable throughout the SDLC and through production deployment and live viable use. The IV&V Vendor will determine whether the plans, methods, and products delivered satisfy project requirements.

8.4.3.4 The IV&V Vendor will verify that plans, methods, and products are complete, consistent, and correct to adequately support the next iteration, phase and step, and adhere to quality and usability standards.

8.4.4 Validation

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8.4.4.1 Validation requires examining and exercising the complete delivered solution (i.e., software, hardware, business processes, procedures, organizational change, and documentation) to determine if all DOM requirements have been met and are acceptable to launch services.

8.4.4.2 Validation will commence at the start of the SDLC planning phase to ensure that the plan, approach, methodologies, and project standards will result in satisfying DOM’s requirements.

8.4.4.3 Validation will be incorporated at the end of each SDLC phase or upon presentation of a deliverable to ensure the phase or deliverable (as applicable) incorporates the latest requirements (regardless of how many times these requirements have changed or been refined during the project).

8.5 Oversight

8.5.1 IV&V services will be part of the larger oversight of the day-to-day operations and management of the MES project. The IV&V Vendor must have complete access to MES documents, facilities, and staff during normal business hours, as required to carry out its oversight role.

The IV&V Vendor must have access to all key staff on site at the MES project location(s) daily, as needed to observe meetings, review deliverables and documentation, and conduct interviews, etc.

8.5.2 The IV&V Vendor will work with PMO Vendor and the MES Vendor, during project initiation, to set standards for all aspects of the project (e.g., time of the regularly scheduled project meetings, project communication, information to be included, and the format of the written status reports, etc.).

8.5.3 The IV&V Vendor will review the project and MES system processes and progress in areas including, but not limited to, the following:

8.5.3.1 Project management;

8.5.3.2 Progress against budget and schedule;

8.5.3.3 Risk management;

8.5.3.4 Inclusion of state goals/objectives and all federal MMIS requirements in requests for proposal and contracts;

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8.5.3.5 Adherence to the state’s software development life cycle (SDLC), the XLC and MECL;

8.5.3.6 Incorporation of the Seven Standards and Conditions for Medicaid IT into design and development;

8.5.3.7 Reflection of the state’s MITA goals and plans into actual MMIS design and development;

8.5.3.8 Configuration management that is robust and includes state or developer configuration audits against configuration baseline;

8.5.3.9 Change management;

8.5.3.10 Adherence to service level agreements;

8.5.3.11 Modular development;

8.5.3.12 Completeness and reasonability of MES concept of operations, architecture, and designs;

8.5.3.13 Accuracy of capture for the interfaces and data sharing requirements with systems external to the MES;

8.5.3.14 Viability and completeness of the data transition plan;

8.5.3.15 Traceability of requirements through design, development, and testing;

8.5.3.16 Adequacy of system security and privacy policies, plans, technical designs, and implementations;

8.5.3.17 Coverage and integrity of all system testing, including stress testing and testing of interfaces between modules and with external partner systems;

8.5.3.18 Capacity management, including vendors’ support and release plans for underlying databases, software, and hardware; and

8.5.3.19 Adequacy of disaster recovery planning and testing.

8.5.4 It is the responsibility of the IV&V Vendor to evaluate and assess the MES Vendor’s methodology, proposed Project Work Plan, and project activities to ensure that the CMS XLC and MECL processes are followed for the DDI and Certification phases of the project.

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8.5.5 Verify each MES Vendor’s organizational structure supports training, process definition, independent quality assurance, configuration management, product evaluation, and any other functions critical for the project’s success.

8.5.6 The IV&V Vendor will review each MES Vendor’s planned life-cycle development methodology or methodologies and verify the appropriateness of their use for each MES component and/or phase.

8.5.7 The IV&V Vendor must assess all business process changes and updates resulting from DDI for compliance with CMS Seven Standards and Conditions and MITA 3.0 and produce reports documenting the findings for submission to CMS as required.

8.5.8 The IV&V Vendor will participate in JAD sessions, and provide staff to validate documentation provided by the MES Vendor.

8.5.9 The IV&V Vendor will participate in the Change Control Board (CCB), when required.

8.5.10 The IV&V Vendor must monitor DOM rollout activities, and must identify and report any deficiencies or issues needing to be resolved, along with recommended solutions needing to be addressed by DOM and/or the MES Vendor.

8.5.10.1 Validate requirements conform to all standards and meet business needs; and

8.5.10.2 Validate performance-tuning recommendations from the MES Vendor (e.g. database indexing, code optimization).

8.5.11 The IV&V Vendor will also be responsible for developing DOM acceptance criteria, with the assistance of DOM, to ensure that the project meets quality acceptance standards.

8.5.12 The IV&V Vendor, teamed with the PMO Vendor, will make a recommendation to DOM Project Management Team at each phase whether to approve current phase results and authorize work to begin on the next phase, as follows:

8.5.12.1 Ensure that project direction and goals remain consistent with the organization's strategic (business) plan and goals;

8.5.12.2 Provide an evaluative process and opportunity to justify termination if project fails to demonstrate an adequate return on investment; and

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8.5.12.3 Measure the ongoing progress (i.e., budget, schedule, and deliverables) and identify potential problems for corrective actions

8.5.13 The IV&V Vendor must provide independent review of all Vendor contracts and monitor contract compliance.

8.5.14 The IV&V Vendor must ensure compliance with all federal and state requirements, and prepare appropriate documentation for any federal reviews, including updates to federal planning documents required for this project.

8.6 Quality Management & Review

8.6.1 The IV&V Vendor must develop a Quality Management Plan that covers all phases and functions of the project.

8.6.2 The IV&V Vendor must employ an internal quality control process to ensure that all deliverables, documents and calculations are complete, accurate, easy to understand and of high quality. Quality Control activities include but are not limited to:

8.6.2.1 Ensuring all deliverables are complete before securing approval from DOM/stakeholders;

8.6.2.2 Establishing and monitoring code standards and practices as integrated with any applicable State and project standards;

8.6.2.3 Establishing and monitoring standards for application interfaces and integrating with any applicable State standards; and

8.6.2.4 Identifying and monitoring application quality standards (e.g. commit/restart, modularity, error handling) as integrated with any applicable DOM and project standards.

8.6.3 The IV&V Vendor must review and make recommendations on all defined processes, produce standards associated with system development, and verify that all major development processes are defined and standards are complete, clear, up-to-date, consistent in format, and easily available to project personnel.

8.6.4 The IV&V Vendor must ensure that the quality of all deliverables is acceptable to DOM.

8.6.5 The IV&V Vendor must review all training provided by MES Vendors to verify that sufficient knowledge transfer for maintenance and operation has been conducted. In addition, the

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IV&V Vendor must verify that training is hands-on and directly related to the business process and required job skills. The IV&V Vendor must ensure that training material is easily accessible to all users, and that training has been provided and monitored for effectiveness with additional training provided, as needed.

8.6.6 The IV&V Vendor must evaluate the MES Vendor’s progress and procedures for management of requirements, and that their policies and procedures for ensuring MES components are secure and privacy of client data is maintained and backed up. This shall include, at a minimum, the following:

8.6.6.1 Verify requirements are well defined, understood, documented, and can be traced through design, code, and test periods to verify the system performs, as intended.

8.6.6.2 Verify that each MES Vendor has performed an adequate requirements analysis for each Vendor’s components.

8.6.6.3 Evaluate the allocation of system requirements to hardware and software requirements and verify that requirements are under formal configuration control.

8.6.6.4 Verify that all system requirements have been allocated to either software or hardware subsystem and those specifications have been developed in sufficient detail for successful implementation.

8.6.6.5 Evaluate the restrictions on system and data access, system security plan, and verify that the plans meet DOM standards and processes, and that equipment is in place to back-up client and project data files and archive them safely at appropriate levels.

8.6.7 The IV&V Vendor must verify that the MES Vendor has described in sufficient detail all system interfaces for each MES component, and verify that all interface documents are available and appropriate relationships are in place with all stakeholders and/or entities responsible for supporting the interfaces.

8.6.8 The IV&V Vendor must verify that a well-defined conversion plan exists for transferring data from the current legacy system to the new MES.

8.6.9 The IV&V Vendor must perform quality reviews, quality assurance, and quality control audits throughout the duration of the project.

8.7 IV&V Project Management Plan

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8.7.1 The IV&V Vendor must develop and provide a comprehensive IV&V Project Management Plan to the PMO Vendor to assist in the successful implementation of the MES.

8.7.2 The IV&V Project Management Plan must provide a description of the activities necessary to perform an IV&V review of the MES, personnel, and duties associated with IV&V activities and standards to be utilized during the implementation of the MES.

8.7.3 The IV&V Vendor must describe in their proposal the project management methodology that will be used to guide the IV&V portion of this project.

8.7.3.1 This must include details on the monitoring methodology, standards, and processes proposed to meet the requirements of this RFP.

8.7.3.2 The IV&V Vendor must describe how they will tailor their methodology to evaluate, assess, recommend, and track quality of the MES project, including, but not limited to, cost, schedule, scope, accuracy, completeness, timeliness, and consistency of deliverables throughout the project life cycle.

8.7.4 An integral task of the IV&V Vendor’s project management responsibilities includes collaboration with DOM and the PMO Vendor. The IV&V Vendor must perform IV&V activities and work with DOM and the PMO Vendor to report on the structure and tools which allow monitoring of Work Plans, resolution of issues, and mitigation of risks. Necessary elements of this reporting include any elements that can affect time, cost, or performance constraints on the project. All interdependencies within the project should be identified and prioritized.

8.7.5 The IV&V Vendor must deliver the IV&V Project Management Plan to the awarded PMO Vendor for review and approval within thirty calendar (30) days following the MES project start date. The IV&V Vendor will be responsible for providing the PMO Vendor with updates to the IV&V Management Plan, as necessary, but is required at least monthly. The IV&V Vendor must perform services for all IV&V related activities for the MES project.

8.8 IV&V Work Plan

8.8.1 The IV&V Vendor must develop a Project Work Plan for the IV&V activities associated with the MES project based upon the approved MES Vendor’s Work Plan during project initiation.

8.8.2 The Work Plan must include a detailed work breakdown structure by tasks and subtasks and a schedule for the performance of

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each task included in each phase of the contract. The Work Plan to be proposed should include all responsibilities, milestones, and deliverables outlined in this RFP. This section shall cover:

8.8.2.1 Start and End dates of project phases, major tasks, personnel assignments, milestones and deliverables.

8.8.2.2 Person-weeks of effort for each task or subtask, showing the Vendor’s personnel and DOM personnel efforts separately.

8.8.2.3 A network diagram, showing the planned start and end dates for all tasks and subtasks, indicating the interrelationships of all tasks and subtasks, and identifying the critical path.

8.8.2.4 A schedule for all deliverables and milestones, allowing a minimum of ten (10) working days review time by DOM for initial submissions or re-submissions.

8.8.3 The IV&V Work Plan will be integrated with the Master Work Plan and the IV&V Vendor will provide updates to the PMO regarding the Work Plan throughout the term of the contract. The Master Work Plan will be adjusted and coordinated with all Vendors’ work plans to be finalized during project initiation.

8.8.4 It is the responsibility of the IV&V Vendor to evaluate and assess the MES Vendor’s proposed Project Work Plan has incorporated the CMS XLC gate reviews and artifacts/deliverables and accounts for the Medicaid Enterprise Life Cycle (MECL) process for the DDI and Certification phases of the project.

8.8.5 The Vendor should address how they propose to handle potential and actual problems and resulting actions that impact the schedule.

8.9 Assessment Methodology and Tools

8.9.1 The IV&V Vendor must apply a disciplined approach for ensuring the compliance with all requirements associated with the MES. The methodology for conducting assessments shall warrant that the appropriate level of engineering and quality has been built into the solution proposed and the solution satisfies DOM goals and objectives.

8.9.2 The IV&V Vendor must propose a methodology approach that uses industry standards and best practices, while leveraging industry standards for systems engineering and application development.

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8.9.3 The IV&V Vendor must propose a preliminary schedule for all MES IV&V assessments that identifies the purpose and an overview of the assessment to be conducted throughout the SDLC which will be finalized and approved by DOM.

8.9.4 The IV&V Vendor must develop an “assessment template” that will be utilized for all MES component reviews and represents the criteria necessary to perform the assessment and strategies for mitigation of issues/risks and incorporates standards to be utilized during the review and methodology for performing the review. The assessment methodology shall include the following, but is not limited to:

8.9.4.1 A description of the activities required for the assessment;

8.9.4.2 Personnel dedicated to the review;

8.9.4.3 Assessment findings and recommendations;

8.9.4.4 Identification of any risks that may be impacted in relation to the area of the assessment; and

8.9.4.5 Risk mitigation strategies and/or resolution of any issues.

8.10 Assessments

8.10.1 The IV&V Vendor responsibilities must require the development and publication of assessments of the plans and work performed by DOM, the MES Vendor, and any other Vendor associated with the implementation of the MES.

8.10.2 The IV&V Vendor must examine whether deliverables and/or milestones, processes, methodologies and quality standards are being adhered to and whether any corrections are required.

8.10.3 The IV&V Vendor must review approaches, detailed project plans, and work assignments, process and other project artifacts, and determine if the final work product is meeting DOM’s requirements.

8.10.4 The IV&V Vendor is responsible for ensuring adherence to quality standards, identifying risks, raising concerns, and making actionable recommendations, as appropriate.

8.10.5 The IV&V Vendor must provide independent and unbiased assessments of the project’s status, performance trends, compliance with applicable standards and policies, and compliance with project expectations and requirements.

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Assessments shall be performed according to the proposed schedule which will be finalized during project initiation. Assessments will parallel the major project phases and associated activities that impact project success or failure. Multiple assessments may be performed for each of the major phases/areas of focus.

8.10.6 The IV&V Vendor will represent DOM’s and CMS’ interest in the MES project providing objective, independent assessment of the MES Vendor’s implementation of the new MES identifying risks and recommending risk mitigations. Assessment results and recommendations shall be provided to the MES project team and any other stakeholders, as required.

8.10.7 If the IV&V Vendor identifies risks and proposes recommendations or necessitates the development of a corrective action plan, the Vendor(s) affected by the recommendation will meet to determine the action required to rectify the situation. If a corrective action plan is required, the plan will be tracked to completion as part of the Project Plan and incorporated into the IV&V Vendor Review Process. During status reporting sessions, the IV&V Vendor will provide a status of the corrective action plan.

8.10.8 The Vendor must propose a Schedule of Assessments outlining anticipated dates and areas that will be evaluated during the assessment periods. The Vendor must address the following areas in their proposed assessment methodology including, but not limited to:

8.10.8.1 Project Governance;

8.10.8.2 Project Management;

8.10.8.3 Staff Management;

8.10.8.4 Requirements Management;

8.10.8.5 System Design;

8.10.8.6 System Development;

8.10.8.7 Configuration Management;

8.10.8.8 Development Environment;

8.10.8.9 Software Development;

8.10.8.10 Quality Management;

8.10.8.11 Performance Monitoring;

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8.10.8.12 Operations Oversight;

8.10.8.13 Organizational Change Management;

8.10.8.14 Data Management (Conversion, Interfaces, Database Design);

8.10.8.15 Testing;

8.10.8.16 Knowledge Transfer;

8.10.8.17 Transition / Implementation;

8.10.8.18 Operations and Maintenance;

8.10.8.19 Stabilization; and

8.10.8.20 Certification.

8.11 Assessment Reporting

8.11.1 The IV&V Vendor must prepare an overall assessment report to include a brief summary of the purpose of the assessment, methodology, and approach used to perform the assessments. The IV&V Vendor will identify results of the assessments and focus on risks and issues to the project with an emphasis on analysis of the risk and mitigation strategies and recommendations on any corrective action needed and decisions that will keep the project within scope, schedule and budget. The IV&V Vendor must meet with DOM Project Management Team to perform a review of this report.

8.11.2 It is the responsibility of the IV&V Vendor to prepare and deliver follow-up written IV&V reports on any outstanding items and the progress since the previous report.

8.11.3 The IV&V Vendor must submit reports to DOM within twenty calendar days following the conclusion of an assessment. The IV&V Vendor is allowed to consolidate findings in one report if assessments are conducted simultaneously or in close proximity of another assessment.

8.11.4 The IV&V Vendor should be aware that DOM is not seeking to review a comprehensive report related to each assessment, rather, DOM expects the IV&V Vendor to identify major findings, issues, risks, and recommendations regarding risk mitigation strategies and the proposed approach related to technical and functional issues that impact the implementation and certification of the MES.

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8.12 Risk/Issues Resolution

8.12.1 All risks shall be identified along with mitigation strategies and submitted to DOM Project Management and the PMO within two (2) business days following identification of the risks or a time period approved by DOM. Recommended resolutions and risk mitigations shall result in allowing the Vendor to return to execution of the approved Master Work Plan in order to continue to progress towards transition to successful operations.

8.12.2 The IV&V Vendor must verify that the MES Vendor has created and institutionalized a project issue tracking mechanism that documents risks and issues as they are identified or arise, enables communication of issues to proper stakeholders, documents mitigation strategy, as appropriate, and tracks the issue to closure.

8.12.3 The IV&V Vendor must review the MES Vendor's analysis of risk and issue areas related to the implementation of the MES and the mitigation plans for those identified risks and/or issues. The IV&V Vendor must include recommendations for any deficiencies it finds during the review of the mitigation plans.

8.13 Transition / Implementation

8.13.1 A crucial component to the successful implementation of the MES Project and adherence to the CMS mandates associated with the project is that a viable Transition / Implementation Plan is created and managed as a responsibility of the MES Vendor. Transition includes not only moving from the current MMIS to the new system, but also the corresponding changes in the way DOM conducts business, including the way its customers (providers, recipients, and vendors) do business with DOM.

8.13.2 The IV&V Vendor is responsible for the evaluation of the Transition / Implementation Plan, providing recommendations related to the plan, ensuring that all of DOM's process and procedures have been considered during the transition and implementation periods.

8.13.3 The IV&V Vendor will participate as a member of DOM's in-house implementation team throughout the project to provide oversight and analysis at each major phase of the MES project.

8.13.4 The IV&V Vendor’s responsibility is to assess system readiness and evaluate the operation and performance throughout the transition of the existing MMIS to the MES.

8.13.5 The IV&V Vendor is also required to review the MES Vendor’s Post-Implementation Evaluation Report that provides the current

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status of the MES and related components and processes, lessons learned from the implementation and enhancements activities, and issues, risks, and concerns with a proposed solution and make recommendations concerning the proposed solutions offered by the MES Vendor.

8.14 CMS Certification

8.14.1 A final goal of DOM MES project is to achieve CMS certification for the new system. This certification will entitle Mississippi to receive the maximum federal financial participation (FFP) allowable. The IV&V Vendor must provide their quality assurance and control methodology as it relates to CMS certification.

8.14.2 The IV&V Vendor must review the MES Vendor’s Project Work Plan and verify that all activities, tasks, milestones, required resources, and approach necessary to meet all certification activities are sufficient in order to obtain CMS Certification.

8.14.3 The IV&V Vendor must assist the MES Certification Manager with any federal requirements, including the CMS system certification preparations, and oversee the activities of the MES Vendor in their preparation for CMS system certification. The IV&V Vendor must participate in any on-site visits for the CMS review process.

8.14.4 The IV&V Vendor must participate in and provide support through certification review meetings, onsite reviews, walk-throughs, and teleconference calls throughout the entire CMS Certification process, as prescribed by DOM.

8.15 Critical Incident Management Requirements

8.15.1 The IV&V Vendor will notify DOM and the PMO within 24 hours upon discovery of a Critical Incident by any member of the MES project team. A Critical Incident is defined as an unanticipated event, crisis or emergency that may result in a high level of risk and cause major disruption to the project.

8.15.2 The report must summarize the incident, how it may affect the project, and a proposed action plan to resolve the incident and mitigate the impact.

8.15.3 The report shall address all serious deficiencies, risks or concerns with the quality, design, development or implementation of the system. These deficiencies if not remedied, will likely have a significant negative impact on the project cost or completion.

8.16 Performance Monitoring

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8.16.1 The IV&V Vendor must validate and verify the performance of the MES Vendors to ensure that all Vendor(s) are in compliance with their contract and the system being developed meets all requirements of the contract.

8.16.2 Evaluate project reports to verify that project status is accurately traced using project metrics, as approved by DOM.

8.16.3 DOM may conduct performance reviews or evaluations of the IV&V Vendor in relation to the work performed under this contract.

8.17 Project Reporting Requirements

8.17.1 The IV&V Vendor must provide project progress and status reports on a regular basis to DOM and CMS as defined during project initiation.

8.17.2 The IV&V Vendor will collaborate and provide support to the PMO Vendor to ensure that all the areas identified below are addressed and documented in the status meetings.

8.17.2.1 Operational Oversight;

8.17.2.2 Project Management Plan Updates;

8.17.2.3 MES Component Reviews;

8.17.2.4 Project Scope;

8.17.2.5 Project Schedule;

8.17.2.6 Project Costs;

8.17.2.7 Updated Work Plans (with changes noted);

8.17.2.8 Updates to Risk Analysis and Mitigation Plan;

8.17.2.9 Overview of Critical Incident Report;

8.17.2.10 Quality Assurance Updates;

8.17.2.11 Environment Updates;

8.17.2.12 Testing Updates;

8.17.2.13 Data Management Updates;

8.17.2.14 Training Updates;

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8.17.2.15 Detail status of major milestones and deliverables completed, in process, planned, delayed, or added and any recommendations for each deliverable evaluated;

8.17.2.16 Updated Risk Matrix;

8.17.2.17 Updated Issues Log;

8.17.2.18 CMS Requirements (to include Certification activities); and

8.17.2.19 Staffing Report for all Vendors associated with the implementation of the MES.

8.17.3 The IV&V Vendor must attend all status meetings to be held on a regularly scheduled basis, at DOM’s discretion, to report on the status and performance of the MES project.

8.17.4 The IV&V Vendor will be responsible for validating and verifying all project activities against the Master Work Plan.

8.17.5 The IV&V Vendor must provide recommendations to mitigate any risk, deficiency, or issue discovered as a result of any evaluation, review, or verification completed and the status of IV&V activities.

8.17.6 Verify that project management processes are consistent with program management and system development processes and methodologies

8.17.7 Verify the project management process supports the overall goals and objectives of the project and take into consideration the unique constraints and limitations of the project.

8.17.8 Verify the metrics and reporting processes are sufficient to track the project’s progress and support management decision-making activities.

8.18 CMS Reporting Requirements (Progress Reports and Medicaid Enterprise Certification Checklists)

8.18.1 The IV&V Vendor must produce quarterly exception-based MMIS IV&V Progress Reports that objectively illustrate the strengths and weaknesses of the project and provide recommendations for correcting any identified weaknesses.

8.18.1.1 MMIS IV&V Progress Reports prepared in advance of MMIS milestone reviews with CMS, can take the place of the quarterly version.

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8.18.2 When monitoring the reporting of the XLC process, DOM expects the IV&V Vendor to follow the XLC and MECL processes in accordance with CMS, with the goal of increasing project flexibility, enhancing project clarity, increasing project support, and creating more transparency and predictability.

8.18.3 The IV&V Vendor staff will observe MES project management staff (including any subcontractors). Vendor staff also will observe project meetings and activities to understand the processes, procedures, and tools used in the MMIS program and MES project environments. They will review and analyze all applicable and available documentation for adherence to accepted, contractually defined industry standards. The IV&V Vendor will fill out the reviewer comment portion of the Medicaid Enterprise Certification Checklists and append them to the progress report.

8.18.4 In preparation for the MMIS milestone reviews, the IV&V provider must evaluate state documents and evidence, along with any working modules/code applicable to that particular review, and complete the reviewer comments portion of the Medicaid Enterprise Certification Checklists. The completed checklists are appended to the MMIS IV&V Progress Report. The progress report shall be delivered according to the CMS approved MMIS milestone review schedule.

8.18.5 The IV&V Vendor must provide the MMIS progress reports to CMS at the same time they are presented to the state. This reporting process, in accordance with federal regulations, includes final report issuance as well as all draft report submissions.

8.19 Project Briefings

8.19.1 The IV&V Vendor will participate in project meetings on a regular basis with the MES project team to address any findings in the following areas:

8.19.1.1 Scope / schedule / costs management;

8.19.1.2 Major risks and proposed mitigation strategies;

8.19.1.3 Communication matters;

8.19.1.4 Decision requests;

8.19.1.5 Staffing issues; and

8.19.1.6 Any other area that has the ability to impact the implementation of the MES.

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8.19.2 At critical junctions or phases of the MES project, or as directed by DOM and/or CMS, the IV&V Vendor may be required to make formal presentations to DOM Executive Committee, MES Steering Committee and potentially MS State Legislative staff and/or Mississippi State Agencies / Departments.

8.20 MES Vendor Deliverables

8.20.1 The IV&V Vendor must evaluate all MES Vendors deliverables and provide recommendations for each deliverable that fails to achieve DOM acceptance criteria or timeliness according to the Master Work Plan.

8.20.2 The IV&V Vendor must ascertain if the MES Vendors deliverables contain sufficient content and details in order to successfully convey the necessary information required of the particular deliverable.

8.20.3 The IV&V Vendor must be responsible for recommending corrective action when activities and/or deliverables fail to meet the standards, as approved by DOM.

8.20.4 The IV&V Vendor must employ an internal quality control process to ensure that all deliverables, documents and calculations are complete, accurate, easy to understand, and of high quality.

8.20.5 At DOM’s request, the MES Vendor may be required to conduct a walk-through of selected deliverables to facilitate the review and approval process. The IV&V Vendor must participate in these required walk-throughs of deliverables, as required by DOM.

8.20.6 Assess key management reports and metrics throughout the lifecycle of the project with a particular focus on staffing issues and adherence to project scope, project schedule and project costs. Perform ongoing assessment to verify that adequate staffing and service levels are maintained and comply with the contract throughout the contract period.

8.20.7 It is important to note that IV&V services will not be limited to the review of documents, but is expected to involve active participation with DOM and the MES Vendor, or any other Vendor associated with the implementation of the MES related to resolving issues of risk, development approach, and project planning. These activities may include IV&V oversight of iterative development sessions throughout all software development life cycle activities.

8.21 IV&V Vendor Deliverables

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8.21.1 Each IV&V deliverable will be reviewed by DOM and shall require formal written approval from DOM before acceptance of the deliverable. The IV&V Vendor must allow for a minimum ten (10) business days following receipt, per deliverable, for DOM to review each deliverable and document its findings. Based on the review findings, DOM may accept the deliverable, reject portions of the deliverable, reject the complete deliverable, or require that revisions be made. The IV&V Vendor must make all modifications directed by DOM.

8.21.2 The IV&V Vendor must provide deliverables that, at a minimum, are responsive to the specific requirements, contain appropriate content and details, organized into a logical order, contain no spelling or grammatical errors, formatted uniformly, and contain accurate information and correct calculations.

8.21.3 The IV&V Vendor must document, in writing, and deliver to DOM, its responses to comments and requests for revisions or clarification of deliverable contents.

8.21.4 In the event that any due date for a deliverable falls on a day that is not a business day, for example State holidays, then the due date shall be automatically extended to the next business day, unless otherwise directed by DOM.

8.21.5 The IV&V Vendor must monitor all facets of the project, and must produce the following base-line deliverables and ongoing iterative updates including but not limited to:

8.21.5.1 IV&V Project Management Plan and updates;

8.21.5.2 Quality Management Plan and updates;

8.21.5.3 IV&V Work Plan and updates;

8.21.5.4 Schedule for MES IV&V Assessments;

8.21.5.5 Assessment Templates;

8.21.5.6 Assessment Reporting;

8.21.5.7 Go/No Go recommendations;

8.21.5.8 Status Reports;

8.21.5.9 CMS Progress Reports and MES Certification Checklist;

8.21.5.10 Critical Incident Report (if and when applicable);

8.21.5.11 Project Briefings;

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8.21.5.12 Issue resolution strategies / risk mitigation plans;

8.21.5.13 Assessment of Transition and Implementation

8.22 The IV&V Vendors with the PMO Vendor will monitor other healthcare initiatives (i.e. State Health Information Exchange (HIE), Interoperability Platform and support for the Nationwide Health Information Network, etc.) for impact to the MES project

8.23 The State recognizes that this RFP may not reflect an exhaustive list of IV&V services that would be required to successfully accomplish the objectives set forth in the MES RFP. Therefore, each Vendor is encouraged to utilize their experience and best practices associated with MES implementations to propose a comprehensive IV&V solution. Vendor must clearly identify any additional services they are proposing that are beyond the requirements of this RFP and include any associated cost as a separate line item in Section VIII, Cost Information Submission.

9. IV&V Qualifications

9.1 IV&V Vendor should have proven experience and expertise related to the implementation of a Medicaid solution that supports SOA, the CMS Seven Standards and Conditions, and advancement of the MITA maturity level.

9.2 MANDATORY: Vendors bidding on IV&V services must have previous experience providing IV&V services with a minimum of two successful implementations that included the integration of two or more disparate Medicaid system components such as: MMIS, PBM, DW/DSS, or Eligibility.

9.2.1 Vendor must identify the specific State(s) and project implementations that substantiate the required experience, as outlined in Attachment 1, IV&V Vendor Experience Form.

9.2.2 Vendor’s lack of this specific experience may result in Vendor’s disqualification.

9.3 Vendors must complete Attachment 3, Staff Experience Form to provide details of staff qualifications with IV&V services for similar Medicaid projects.

9.4 The Vendor must identify Key Personnel and their roles and responsibilities for all phases of the project. The Vendor must submit resumes and also provide a short narrative, as described in Item 7.2.4.3, of relevant experience for all proposed key staff identified in the proposal. If the proposed individual is not an employee, a letter of commitment to join the project upon award, must be submitted with the RFP response.

9.5 The Vendor must propose a staff team with the most appropriate experience and expertise to address the requirements of this RFP. The proposed individuals should possess the requisite skills, qualifications, and

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certifications for the roles they are filling. DOM will assess the proposed staff for the following qualifications:

9.5.1 Experience providing IV&V services

9.5.1.1 Additional consideration may be given to qualified individuals who have previous Medicaid experience

9.5.2 Knowledgeable in system requirement definition and analysis, system design and configuration, project management, and performance measurement

9.5.3 Experience in large-scale government system implementations

9.5.4 Experience with industry-standard and best practices regarding quality, quality assurance, and quality control principles and techniques

9.5.5 Experience in procurement, installation, evaluation, operations and maintenance of Medicaid systems, eligibility systems, or similar large healthcare claims processing systems

9.5.6 Specific experience in healthcare related concepts

9.5.7 Experience with the CMS certification process

9.5.8 Familiarity with CMS XLC and SDLC

9.5.9 Experience with relational databases, data conversion, system interfaces and web portal technologies to be used on the MES project, and

9.5.10 Experience with automated test tools and their effective use

9.6 Key Personnel

DOM has identified the following “key personnel” for the services described in this RFP. However, if the Vendor deems a position necessary, beyond that which is listed, the Vendor must identify these positions and provide a complete description of how these positions support the implementation of the MES as described in this RFP.

9.6.1 IV&V Manager

9.6.1.1 This individual will serve as the primary point of contact for all IV&V tasks and deliverables. The IV&V Manager will plan, manage, execute, report, and oversee all aspects of the IV&V activities. The IV&V Manager will assess and report on compliance of the MES Vendors

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in the implementation and certification of the MES according to State and Federal regulations.

9.6.1.2 The IV&V Manager will establish and administer controls to ensure the quality of deliverables meet the established standards and guidelines for the MES project as well as the agreed upon expectations contained in the DED.

9.6.1.3 The IV&V Manager will develop and maintain a detailed Work Plan and Schedule in conjunction with the MES Project Team.

9.6.1.4 The IV&V Manager will monitor project activities to ensure project schedules are met.

9.6.1.5 The IV&V Manager will be responsible for providing bi-weekly and monthly status reports.

9.6.1.6 The IV&V Manager will be responsible for resolution of project or team issues that arise, including escalation within the Vendor’s organization if necessary.

9.6.1.7 MANDATORY: The IV&V Manager will have a minimum of five (5) years of large-scale project experience, including at least two (2) years' experience in a Medicaid environment. The IV&V Manager should possess the following experience and skill sets:

9.6.1.7.1 Technical and operational experience working with teams in the development of technology solutions driven from business needs.

9.6.1.7.2 Experienced with large and complex transition-to-operation (including design, development, and implementation) projects that include database conversions, transfers to component integrations, and system technology with specific expertise in MMIS implementation.

9.6.1.7.3 Experienced working with CMS or projects that had CMS oversight and knowledge relating to MITA 3.0.

9.6.1.7.4 Possess System Development Life Cycle (SDLC) experience / software development process.

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9.6.1.7.5 Experience with validation and verification activities for health care-related Information Technology (IT) projects.

9.6.2 IV&V Technical Analyst:

9.6.2.1 MANDATORY: The IV&V Technical Analyst must have at least three (3) years’ experience with data management, at least one (1) of those years’ experience in SOA infrastructure and technical governance/architecture, and two years’ experience with data management and interface specifications utilizing multiple platforms. This individual must also have one year of experience serving in a technical role for systems involving data migrations on system development projects of similar size and scope in a Medicaid environment.

9.6.2.2 DOM expects the IV&V Technical Analyst to provide an independent review and analysis of all technical components within the SDLC phases to confirm that agreed-upon technical requirements for the new system are met. The IV&V Technical Analyst will work with DOM and the MES Vendor to improve technical processes, as needed.

9.6.2.3 The IV&V Technical Analyst must validate and verify all aspects related to data conversion, interface specifications and data integration while ensuring requirements of the MES are met.

9.6.2.4 The IV&V Technical Analyst will monitor the MES Vendor’s performance for designing, analyzing, and managing all data within the MES including, but not limited to: data conversion, interface specification documentation, and hardware and software specifications.

9.6.2.5 The IV&V Technical Analyst will be responsible for the technical valuation of software development, project environments, architectural assessments, and reviews of next generation software systems and industry standards.

9.6.3 IV&V Quality Assurance Lead

9.6.3.1 MANDATORY: The IV&V Quality Assurance Lead must have two (2) years experience with industry standards and best practices regarding quality, quality

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assurance, and quality control principles and techniques in a Medicaid environment.

9.6.3.2 The IV&V Quality Assurance Lead must have experience with automated test tools and their most effective use within large scale development and integration projects.

9.6.3.3 The IV&V Quality Assurance Lead must have experience with healthcare related concepts, and configuration in a Medicaid environment.

9.6.3.4 The IV&V Quality Assurance Lead must have previously been involved in supporting and/or evaluating User Acceptance (UAT) efforts.

9.6.4 If additional staff is required to perform the functions of the contract, the Vendor should outline specifically its plans and resources for adapting to these situations.

9.6.5 The Vendor should also address plans to ensure the longevity of staff in order to allow for effective DOM support.

10. PMO Vendor Requirements

10.1 The purpose of this section is to present DOM’s requirements for a Vendor to perform Project Management services for the MES project. The successful Vendor’s response to this RFP will describe how they will assist the State in ensuring a successful and timely accomplishment of the objectives of the MES implementation, according to CMS requirements and guidelines. The PMO Vendor must provide objective project management, guidance, oversight and support services associated with the implementation and certification of the MES.

10.2 The PMO Vendor must represent DOM’s interest in the Design, Development, Implementation (DDI), and Certification phases of the MES. The PMO Vendor will provide objective project oversight associated with the implementation and certification of the MES.

10.3 The PMO Vendor will work collaboratively with all MES Vendors to ensure compliance with all federal and state requirements, and coordinate preparation of appropriate documentation for any federal reviews, including updates to federal planning documents required for this project.

10.4 The PMO Vendor must review and assess the tools and methodologies to successfully manage the project. The PMO Vendor’s proposed tool sets (which shall include a dashboard / reporting tool) as well as those included as part of the MES project implementation will be evaluated to assemble the

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best collection of tools and processes to form a comprehensive project management solution that will be the single source of accurate project status.

10.5 The PMO Vendor must schedule and facilitate all meetings that oversee project activities.

10.6 The PMO Vendor must establish the project structure necessary to ensure best practices are followed consistently across the project. This will include the implementation of standardized project management and technical processes, methodologies, and tools as necessary to minimize risk, maintain scope, adhere to schedule and contain costs for the MES project.

10.7 The PMO vendor must assist DOM with future Medicaid procurements including but not limited to:

10.7.1 Research;

10.7.2 Requirements gathering;

10.7.3 Work sessions with DOM personnel and other stakeholders;

10.7.4 RFP development;

10.7.5 Vendor Conferences; and

10.7.6 Proposal Evaluation.

10.8 Project Management and Control

10.8.1 The Vendor must include details of the methodology to be used in management and control of the project, project activities, progress reports, and processes for identification and correction of problems. The Vendor must provide an explanation if their proposed methodology varies from one phase to another. Project Management and Control methodology must include:

10.8.1.1 Comprehensive Project Management Plan and control approach;

10.8.1.2 Project methodology procedures;

10.8.1.3 Approach to ensuring project stays within scope, schedule and budget;

10.8.1.4 Approach for proposal of project staff;

10.8.1.5 Manpower and time estimating methods;

10.8.1.6 Procedures for development and completion of all deliverables and major activities;

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10.8.1.7 Management of performance standards, milestones and/or deliverables;

10.8.1.8 Assessment of project risks and approach to managing them;

10.8.1.9 Anticipated problem areas and the approach to management of these areas, including loss of PMO Key Personnel and technical personnel;

10.8.1.10 Approach to quality management;

10.8.1.11 Approach to problem identification and resolution; and

10.8.1.12 Approach to communication and interaction between multiple Vendor staff and DOM personnel.

10.8.2 The PMO Vendor will be responsible for establishing a process for planning, scheduling, and conducting management and MES project team briefings and other sessions.

10.8.3 The PMO Vendor must be responsible for coordinating regularly scheduled meetings with the MES Vendors to address the following areas:







10.8.4 The PMO will work with the IV&V Vendor to make recommendations to the DOM Project Management Team at each phase whether to approve current phase results and authorize work to begin on the next phase, as follows:

10.8.4.1 Ensure that project direction and goals remain consistent with the organization's strategic (business) plan and goals.

10.8.4.2 Provide an evaluative process and opportunity to justify termination if project fails to demonstrate an adequate return on investment.

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10.8.4.3 Measure the ongoing progress (i.e., budget, schedule, and deliverables) and identify potential problems for corrective actions.

10.8.5 The PMO Vendor must be responsible for the management of data collection and reporting processes and provide accurate information to support effective decision making for executives and stakeholders.

10.8.6 The PMO Vendor must facilitate communications between the technical team, business analysts and various stakeholder groups. The PMO Vendor will be responsible for coordinating communication across the entire project and help DOM manage stakeholder expectations.

10.8.7 The PMO Vendor must employ an internal quality control process to ensure that all deliverables, documents and calculations are complete, accurate, easy to understand, and of high quality.

10.8.8 The PMO Vendor is responsible for verifying that MES Vendors’ plans are properly developed, communicated, implemented, monitored, and executed throughout the MES implementation.

10.8.9 The PMO Vendor will verify that no duplication of effort is being performed related to the MES Vendor, DOM, or additional DOM Vendor services in relation to the implementation of the MES.

10.8.10 The PMO Vendor will work with DOM and the MES Vendor during project initiation to set standards for all aspects of the project (e.g., time of the regularly scheduled project meetings, project communication, information to be included, and the format of the written status reports, etc.).

10.8.11 During project initiation, the PMO Vendor must educate the MES project team and associated stakeholders on Project Management best practices and will provide on-going guidance and support as necessary to keep the project on track.

10.8.12 The PMO Vendor will be responsible for establishing standard templates and processes for project management oversight and accountability. Vendors providing proven examples of industry standard best practice templates and processes may be given additional consideration. This includes, but is not limited to:

10.8.12.1 Templates and artifacts must adhere to CMS guidelines for SDLC and collaborative reporting;

10.8.12.2 Deliverable review and maintaining a version control of reviewed documents;

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10.8.12.3 Project Status updates;

10.8.12.4 Risk Management;

10.8.12.5 Defect and issue tracking;

10.8.12.6 Contract Monitoring and Compliance;

10.8.12.7 Reporting;

10.8.12.8 Management of changes in the Scope document;

10.8.12.9 Escalation of issues and facilitation of cross-functional team communication for timely issue resolution;

10.8.12.10 Maintain a project communication plan;

10.8.12.11 Maintain a Business Requirement Document based upon changes approved by DOM; and

10.8.12.12 Change Order Process.

10.8.13 The PMO Vendor must plan, schedule, facilitate, and prepare agendas and publish meeting minutes for project meetings including but not limited to: Weekly Status, Monthly Status, MES Project Team Briefings, Executive Committee Meetings and Joint Application Design sessions.

10.9 PMO Project Management Plan

10.9.1 The PMO Vendor must develop and provide a comprehensive PMO Project Management Plan that will guide the MES project.

10.9.2 The PMO Project Management Plan shall provide a description of the activities necessary to perform project management functions for the MES, personnel, and duties associated with the activities and standards to be utilized during the implementation of the MES.

10.9.3 The PMO Vendor must describe in their proposal the project management methodology that will be used to guide the PMO portion of this project.

10.9.3.1 This must include details on the monitoring methodology, standards, and processes proposed to meet the requirements of this RFP.

10.9.3.2 The PMO Vendor must describe how they will tailor their methodology to evaluate, assess, recommend, and track the MES project, including, but not limited to, cost, schedule, scope, accuracy, completeness,

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timeliness, and consistency of deliverables throughout the project life cycle.

10.10 PMO Work Plan

10.10.1 The PMO Vendor must develop a PMO Project Work Plan for the project management activities associated with the MES project based upon the approved MES Vendor’s Work Plan during project initiation.

10.10.2 The PMO Vendor Work Plan should include a combination of tasks, activities, and milestone descriptions with definitions of required sources, and a highly developed technical approach that shall be used to complete all Implementation and Operation Services for the MES and Fiscal Agent Services.

10.10.3 The PMO Vendor Work Plan should include the best estimated schedule showing the tasks, subtasks and associated PMO resources that are required to satisfy the scope of work.

10.10.4 The Vendor should address how they propose to handle potential and actual problems and resulting actions that impact the schedule.

10.10.5 The PMO Vendor Work Plan must be adjusted and coordinated with all Vendors’ schedules to be finalized during project initiation.

10.10.6 The PMO Vendor must provide written recommendations prior to finalizing the Master Work Plan for the MES.

10.11 Master Work Plan

10.11.1 Each Vendor associated with the MES implementation will provide a Work Plan and schedule to the PMO Vendor. The PMO Vendor will be responsible for integrating the individual plans and aligning all project management processes, tasks, deliverables, milestones, and staff allocations into the Master Work Plan for the purpose of managing the overall project.

10.11.2 The PMO Vendor shall ensure the MES Vendor Work Plan is developed and maintained to align all project processes, tasks, activities, deliverables, milestones, resources, and statuses that will be used to complete all Vendors and DOM responsibilities having a role in the DD&I, and Certification phases of the MES project.

10.11.3 PMO Vendor will be responsible for iteratively maintaining the Master Work Plan.

10.11.4 When conflicts exist while integrating and aligning the project, the PMO Vendor will be responsible for facilitating a remedy to the conflict.

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10.11.5 The PMO Vendor will be responsible for monitoring and reporting on each MES Vendor’s progress against the Master Work Plan, proactively reporting on performance deficiencies, and providing recommendations for mitigation strategies.

10.11.6 It is the responsibility of the PMO Vendor to ensure that the MES Vendors adhere to the appropriate guidelines for reporting to CMS on the MES project.

10.11.7 DOM expects the PMO Vendor to use the XLC and MECL processes in accordance with CMS, with the goal of increasing project flexibility, enhancing project clarity, increasing project support, and creating more transparency and predictability.

10.12 Manage Change Request / Enhancement Process

10.12.1 The PMO Vendor should assess the MES Vendor’s plan to administer defects and enhancements.

10.12.2 The PMO Vendor will be responsible for managing the change request process on behalf of DOM. This responsibility includes making the appropriate recommendation to DOM based upon considerations including but not limited to project impact and risk.

10.12.3 The PMO Vendor must describe in their proposal the methodology that will be used to manage this process.

10.13 Risk / Issue Resolution Process

10.13.1 The MES Vendor has been tasked with providing a Project Risk Management Plan that addresses the methodology for risk and issue planning, identification, analysis and response planning and controlling project risks. Project issues are risks that have come to fruition and the MES Vendor is required to address issue management.

10.13.2 The PMO Vendor must be responsible for determining if the MES Vendor's Risk / Issue Management process sufficiently addresses Risk / Issue Management tracking, impact analysis, mitigation plans, and escalation procedures.

10.13.3 The PMO Vendor must be responsible for verifying that the Risk/Issue Tracking tool contains all identified issues, any documentation related to the issue, and status of the issue from all MES Vendors.

10.13.4 The PMO Vendor must identify and communicate risks that would have the potential to both negatively and positively impact the schedule, budget, or output. Implement appropriate risk responses, contingency plans, and solutions for these risks.

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The PMO Vendor must work with the DOM and other MES Vendors to resolve risk issues that could affect time, cost, or performance during the project. If not resolved the PMO Vendor will be expected to provide recommendations related to mitigation strategies.

10.13.5 The PMO Vendor must clearly describe in the proposal their methodology to evaluate the MES Vendor’s Issue Resolution process.

10.14 Transition and Implementation

10.14.1 The PMO Vendor will participate as a member of DOM's in-house implementation team throughout the project to provide oversight and analysis at each major phase of the MES project.

10.14.2 The PMO Vendor’s responsibility is to assimilate the input from the MES project team to assess system readiness to ensure effective operation and performance throughout the transition of the existing MMIS to the MES.

10.14.3 The PMO Vendor will facilitate review by the MES project team of the MES Vendor's Transition / Implementation Plan to verify that the plan comprehensively addresses operational readiness.

10.14.4 The PMO Vendor must evaluate the MES Vendor's Maintenance and Operations Support plan.

10.14.5 The PMO Vendor is required to review the MES Vendor’s Post-Implementation Evaluation Report that provides the current status of the MES and related components and processes, lessons learned from the implementation and enhancements activities, and issues, risks, and concerns with a proposed solution and make recommendations concerning the proposed solutions offered by the MES Vendor.

10.15 CMS Certification

10.15.1 A final goal of DOM’s MES project is to achieve CMS certification for the new system. This certification will entitle Mississippi to receive the maximum FFP allowable. The PMO Vendor must define policies and procedures that will support DOM throughout the CMS Certification process.

10.15.2 The MES Vendor is required to provide an updated project Work Plan to address activities necessary to prepare for and support certification. The PMO Vendor must review the MES Vendor's CMS Certification Work Plan and verify the plan includes a combination of tasks, activities, and milestone descriptions with definitions of required sources, and approaches to meeting all certification activities. The Vendor should align all project Vendors' processes

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and Work Plans into one comprehensive Master Work Plan for CMS Certification and provide updates and recommendations, as applicable.

10.15.3 The PMO Vendor must assist the MES Certification Manager with any federal requirements, including the CMS system certification preparations, and oversee the activities of the MES Vendor in their preparation for CMS system certification. The PMO Vendor must participate in any on-site visits with any CMS review process.

10.15.4 The PMO Vendor must participate in and provide support through certification review meetings, onsite reviews, walk-throughs, and teleconference calls throughout the entire CMS Certification process, as prescribed by DOM.

10.15.5 The PMO Vendor must provide their methodology related to managing the MES Vendor Certification Plan.

10.16 Critical Incident Management Requirements

10.16.1 The PMO Vendor will notify DOM within 24 hours upon discovery of a Critical Incident by any member of the MES project team. A Critical Incident is defined as an unanticipated event, crisis or emergency that may result in a high level of risk and cause major disruption to the project.

10.16.2 The report must summarize the incident, how it may affect the project, and a proposed action plan to resolve the incident and mitigate the impact.

10.16.3 The PMO Vendor must address all serious deficiencies, risks or concerns with the quality, design, development or implementation of the system. These deficiencies if not remedied, will likely have a significant negative impact on the project cost or completion.

10.16.4 The PMO Vendor will be responsible for updating the risk register with the Critical Incident information.

10.17 Performance Monitoring

10.17.1 The PMO Vendor must notify DOM of any submitted reports that are not complete or delivered in a timely manner.

10.17.2 The PMO Vendor must proactively monitor the project schedule and communicate to the appropriate stakeholders any delayed tasks that may result in schedule slippage and potentially adversely impact the critical path.

10.17.3 The PMO Vendor must monitor schedule variances and provide recommendations for corrective action.

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10.17.4 DOM may conduct performance reviews or evaluations of the PMO Vendor in relation to the work performed under this contract.

10.18 Project Reporting Requirements

10.18.1 The PMO Vendor must define a template and process for compiling the Monthly Management Status Report that contains all the sections outlined below in a format approved by DOM. The report shall support and document all activities performed or scheduled during the briefing period,

10.18.1.1 Operational Oversight;

10.18.1.2 Project Management Plan Updates;

10.18.1.3 MES Component Reviews;

10.18.1.4 Issues impacting project Scope, Schedule and/or Costs;

10.18.1.5 Updated Work Plans (with changes noted);

10.18.1.6 Updates to Risk Analysis and Mitigation Plan;

10.18.1.7 Overview of Critical Incident Report;

10.18.1.8 Quality Assurance Updates;

10.18.1.9 Design Activities;

10.18.1.10 Environment Updates;

10.18.1.11 Testing Updates;

10.18.1.12 Data Management Updates;

10.18.1.13 Training Updates;

10.18.1.14 Detailed status of major milestones and deliverables completed, in process, planned, delayed, or added and any recommendations for each deliverable evaluated;

10.18.1.15 Updated Risk Matrix;

10.18.1.16 Updated Issues Log;

10.18.1.17 CMS Requirements (to include Certification activities); and

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10.18.1.18 Staffing Report for all Vendors associated with the implementation of the MES.

10.18.2 The PMO Vendor must schedule and attend all management status meetings to be held on a regular basis, for reporting on the status and performance of the MES Vendors.

10.18.3 The PMO Vendor will facilitate the status meetings and utilize the status meeting template.

10.18.4 The PMO Vendor will be responsible for uploading approved documentation to CMS’ collaborative reporting repository.

10.19 Project Briefings

10.19.1 The PMO Vendor will participate in project meetings on a regular basis with the MES project team to address any findings in the following areas:







10.19.2 At critical junction or phases of the MES project, or as directed by DOM, the PMO Vendor may be required to make formal presentations to DOM Executive Committee, MES Steering Committee and potentially MS State Legislative staff and/or Mississippi State Agencies / Departments.

10.20 Communication and Repository Requirements

10.20.1 The PMO Vendor must establish a common document repository (Project Library) for MES project documentation submitted to DOM to enable the MES project team to exchange documents and electronic files in compatible formats.

10.20.2 The Vendor’s proposed solution must include any hardware, software, licenses, services and the associated costs necessary to establish and maintain the Project Library after project completion.

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10.20.3 The PMO Vendor must ensure that all documents or files delivered to DOM are completely transferrable and reviewable, without error, in DOM's document management repository.

10.20.4 The PMO Vendor must document all PMO project artifacts, meeting agendas, meeting notes, decision documents, plans, deliverables, and any other relevant aspects of project activities of any Vendors involved in the DD&I and Certification so that a clear, concise record of all elements is created as a historical reference.

10.20.5 The PMO Vendor must be responsible for making appropriate updates to the Project Library and ensuring project artifacts are contained within the library with proper versioning control.

10.20.6 The Project Library must have the capability to integrate with DOM’s document management repository, allowing for transfer and retrieval of documents.

10.21 MES Project Deliverables

10.21.1 The PMO Vendor is responsible for detailed management of the deliverable review process.

10.21.2 During project initiation, the PMO Vendor will work with DOM to identify the target review audience for each deliverable associated with the MES project.

10.21.3 The PMO Vendor must establish deliverable standards as well as submission and review processes for all deliverables produced by MES Vendors.

10.21.4 The PMO Vendor will establish and coordinate the required tasks, timelines, meetings, walk-throughs and other project tasks to facilitate the completion of each deliverable review.

10.21.5 The PMO Vendor must examine all deliverable submissions prior to distribution to validate compliance with the established deliverable standards and processes. The review shall ensure that deliverables: adhere to established standards (order and formatting), are responsive to the specific requirements (for example, comparing the deliverable against the deliverable expectation document), and contain no spelling or grammatical errors.

10.21.6 When a deliverable fails to meet the established standard, the PMO Vendor must be responsible for returning the non-compliant deliverable to the submitter with corrective action recommendations.

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10.21.7 The PMO Vendor will be responsible for consolidating all updates and comments from individuals' tasked with reviewing all deliverables.

10.21.8 The PMO must retain all consolidated marked-up and deliverable documentation for reference throughout the duration of the project and project acceptance.

10.21.9 The PMO Vendor must participate in required walk-throughs of deliverables by MES Vendors, when required by DOM.

10.22 PMO Vendor Deliverables

10.22.1 Each PMO deliverable will be reviewed by DOM and shall require formal written approval from DOM before acceptance of the deliverable. The Vendor must allow for a minimum ten (10) business days following receipt, per deliverable, for DOM to review each deliverable and document its findings, except as specified by DOM. Based on the review findings, DOM may accept the deliverable, reject portions of the deliverable, reject the complete deliverable, or require that revisions be made. The Vendor must make all modifications directed by DOM within 10 days of receipt.

10.22.2 The PMO Vendor must provide deliverables that, at a minimum, are responsive to the specific requirements, contain appropriate content and details, organized into a logical order, contain no spelling or grammatical errors, formatted uniformly, and contain accurate information and correct calculations.

10.22.3 The PMO Vendor must document, in writing, and deliver to DOM, its responses to comments and requests for revisions or clarification of deliverable contents.

10.22.4 In the event that any due date for a deliverable falls on a day that is not a business day, for example State holidays, then the due date shall be automatically extended to the next business day, unless otherwise directed by DOM.

10.22.5 The PMO Vendor must monitor all facets of the project, and must produce the following base-line deliverables and ongoing iterative updates including but not limited to:

10.22.5.1 PMO Project Management Plan and updates;

10.22.5.2 PMO Work Plan and updates;

10.22.5.3 Master Work Plan and updates;

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10.22.5.4 Comprehensive Project Management Processes (Change Request, Issue Resolution, CMS Certification, Deliverable Review, etc.);

10.22.5.5 Project Standards and Templates Documentation;

10.22.5.6 Project Charter;

10.22.5.7 Project Governance;

10.22.5.8 Status Reports;

10.22.5.9 Executive dashboard;

10.22.5.10 Critical Incident Report (if and when applicable); and

10.22.5.11 Project Briefings.

10.22.6 The PMO Vendor will perform tasks and services and produce the required deliverables by the due dates presented in the final PMO Master Work Plan and project schedule for MES replacement.

10.22.7 The PMO Vendor must be tasked with creating a Project Charter and recommended governance structure for oversight and management of the MES project.

10.22.8 The PMO Vendor must monitor key management reports and metrics throughout the lifecycle of the project with a particular focus on staffing issues and adherence to project scope, project schedule and project costs.

10.22.8.1 The PMO Vendor must perform ongoing evaluations to verify that adequate staffing and service levels are maintained and comply with the contract throughout the contract period.

10.23 Test Management Services

10.23.1 The State anticipates the need for Medicaid related Test Management services. Vendor must acknowledge that additional subject matter experts may be required for these services. In preparation for this we are asking the Vendors to provide the following:

10.23.1.1 Vendor must provide a copy of a sample Test Management Plan with their proposal. The Test Management Plan must address at a minimum:

10.23.1.1.1 Project Management;

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10.23.1.1.2 Work Plan;

10.23.1.1.3 Test Preparation;

10.23.1.1.4 Test Execution;

10.23.1.1.5 System and Integration Testing;

10.23.1.1.6 Regression/Parallel Testing;

10.23.1.1.7 User Acceptance Testing;

10.23.1.1.8 Quality Assurance;

10.23.1.1.9 Performance Testing (Load/Stress);

10.23.1.1.10 Data Migration Testing; and

10.23.1.1.11 Staffing Plan.

10.23.2 Vendors proposing Test Management Services must complete Appendix A, and provide Change Order rates for all associated testing roles.

10.24 Organizational Change Management Services

10.24.1 The State anticipates the need for Medicaid related Organization Change Management services; Vendor must acknowledge that additional subject matter experts may be required for these services. In preparation for this we are asking the Vendors to provide the following:

10.24.1.1 Vendor must provide a copy of a sample Organizational Change Management Plan. The Change Management Plan must address at a minimum:

10.24.1.1.1 Project Management;

10.24.1.1.2 Change Management Plan;

10.24.1.1.3 Change Management Approach;

10.24.1.1.4 Change Control Process;

10.24.1.1.5 Change Readiness Assessment

10.24.1.1.6 Change & Transition support;

10.24.1.1.7 Stakeholder Communication Plan; and

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10.24.1.1.8 Staffing Plan.

10.24.2 Vendors proposing Organizational Change Management services, must complete Appendix B, and provide Change Order rates for all associated change management roles.

10.25 System Integrator Services

10.25.1 The State anticipates the need for Medicaid related System Integrator services. Vendor must acknowledge that additional subject matter experts may be required for these services.

10.25.1.1 The systems integrator (SI) will coordinate technical solutions, modules, and DOM enterprise architecture, thereby, increasing the likelihood that the MES will securely achieve state goals and the Medicaid requirements. The SI typically performs the following:

10.25.1.1.1 Ensures that all modules work together seamlessly and work securely with external systems.

10.25.1.1.2 Ensures that overall security and privacy remain intact when various modules and components are integrated.

10.25.1.1.3 Negotiates solutions to disagreements that may arise between development contractors who are developing or testing different MES components.

10.25.1.1.4 Manages risks that may arise when schedule or technical slippage in one module(s) affects other modules.

10.25.1.1.5 Cooperates with the PMO Vendor and the IV&V Vendor to give an accurate, honest reporting of the project status.

10.25.1.1.6 Responsible for requirements mapping and maintenance including analysis and updates for MITA maturity according to current MITA standards. This applies for all system implementation, upgrades and enhancements.

10.25.2 Vendor should provide Change Order rates for all associated SI roles.

11. PMO Qualifications

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11.1 The PMO Vendor should have proven experience and expertise performing project management oversight for the implementation of a Medicaid solution that supports SOA, the CMS Seven Standards and Conditions and advancement of the MITA maturity level.

11.2 MANDATORY: Vendors bidding on PMO services must have previous experience providing PMO services with a minimum of two successful implementations that included the integration of two or more of the following Medicaid system components: MMIS, PBM, DW/DSS, or Eligibility.

11.2.1 Vendor must identify the specific State(s) and project implementations that substantiate the required experience, as outlined in Attachment 2, PMO Vendor Experience Form.


11.3 Vendors bidding on PMO services must have previous experience combining a minimum of 3 other Vendors’ Work Plans into a Master Work Plan. Vendor must describe in detail their methodology for creating a Master Work Plan.

11.3.1 This experience must be represented on the completed Attachment 2, PMO Vendor Experience Form.


11.4 Vendors bidding on PMO services must have previous experience managing a project comparable in scope and magnitude using a multi-Vendor integrated project work plan. Vendor must describe in detail their methodology for successfully managing a project via the Master Work Plan.

11.4.1 This experience must be represented on the completed Attachment 2, PMO Vendor Experience Form.


11.5 Vendors must complete Attachment 3, Staff Experience Form to provide details of staff qualifications with PMO services for similar Medicaid projects.

11.6 The Vendor must identify Key Personnel and their roles and responsibilities for all phases of the project. The Vendor must submit resumes and also provide a short narrative, as described in Section VII, Item 7.2.4.3, of relevant experience for all proposed key staff identified in the proposal. If the proposed individual is not an employee, a letter of commitment to join the project upon award, must be submitted with the RFP response.

11.7 The Vendor must propose a staff team with the most appropriate experience and expertise to address the requirements of this RFP. The proposed

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individuals should possess the requisite skills, qualifications, and certifications for the roles they are filling. DOM will assess the proposed staff for the following qualifications:

11.7.1 Experience providing PMO services.

11.7.1.1 Additional consideration may be given to qualified individuals who have previous Medicaid experience.

11.7.2 Knowledgeable in system requirement definition and analysis, system design and configuration, project management, and performance measurement.

11.7.3 Experience in large-scale government system implementations.

11.7.4 Experience in procurement, installation, evaluation, operations and maintenance of Medicaid systems, eligibility systems, or similar large healthcare claims processing systems.

11.7.5 Business writing skills.

11.7.6 Specific experience in healthcare related concepts.

11.7.7 Experience with the CMS certification process.

11.7.8 Familiarity with CMS XLC and MECL.

11.7.9 Experience in healthcare related concepts, configuration and management, and Health Information Technology and Systems.

11.7.10 Appropriate experience with relational database, client/server, data capture, and web portal technologies to be used on the MES project.

11.7.11 Expertise with automated test tools and their effective use with package acquisition and integration projects.

11.8 Key Personnel

11.8.1 DOM has identified the following "key personnel" for the services described in this RFP. However, if the Vendor deems a position necessary, beyond that which is listed, the Vendor must identify these positions and provide a complete description of how these positions support the Statement of Work set forth in this RFP.

11.8.2 PMO Project Director

11.8.2.1 Provide overall project direction, guidance and vision for the PMO Project Manager and associated Vendors for the implementation, of the MES Project.

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11.8.2.2 Provide project management guidance to DOM and to the project Vendors.

11.8.2.3 Work with DOM subject matter experts to refine the project, project plan, deployment, resources, schedule, and other tasks as needed.

11.8.2.4 Provide leadership and guidance of Project Managers, Business Analysts, SMEs and other DOM resources, including Vendor staff, as assigned for the project.

11.8.2.5 Clearly communicate to DOM leadership, both verbally and in writing, the status of the project including project successes and project risks via weekly status reports and on conference calls.

11.8.2.6 Strive to achieve consensus among stakeholders about the common processes and requirement analysis.

11.8.2.7 Stay aware of new state and federal requirements during development and implementation.

11.8.2.8 Share current and newly identified requirements with stakeholders.

11.8.2.9 Participate in federal standards and harmonization efforts.

11.8.2.10 Responsible for the casting the vision, developing the strategy and assembling the structure for the implementation and ongoing operations of the MES.

11.8.2.11 The awarded individual(s) may be called upon to manage multiple related projects simultaneously based on the above requirements.

11.8.2.12 The awarded individual(s) may be called upon by DOM to perform other related duties.

11.8.3 PMO Project Manager

11.8.3.1 The PMO Project Manager will be responsible for ensuring the development, maintenance, and execution of the MES Project Management Plan.

11.8.3.2 The Project Manager will ultimately be responsible for the oversight and management of overall project resources, schedules, milestones, deliverables, and status of each project phase. This individual is responsible for compliance with project tasks and

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activities, communication regarding project status, risks, and issues to DOM Project Management Team, Deputy Administrator iTECH, the Steering Committee, and stakeholders.

11.8.3.3 The Project Manager may be required to participate and contribute to contract amendments, management of the MES Vendor's performance, project meetings, policy advisory, or other stakeholder meetings, project strategy and directed activities, as requested. He or she will be evaluating whether the MES Vendor Work Plan is sufficient and reasonable for meeting project timeframes.

11.8.3.4 MANDATORY: The Project Manager must have a minimum of five (5) years of large-scale project management experience, including at least two (2) years' experience in a Medicaid environment.

11.8.3.5 The Project Manager should possess the following experience and skill sets:

11.8.3.5.1 Technical and operational experience working with teams in the development of technology solutions driven from business needs.

11.8.3.5.2 Experience with large and complex transition-to-operation (including design, development, and implementation) projects that include database conversions and transfers to component integrations and system technology in an MMIS implementation.

11.8.3.5.3 Experienced working with CMS or projects that had CMS oversight and knowledge relating to MITA 3.0.

11.8.3.5.4 Experience with multiple approaches to managing and coordinating with providers, government agencies, vendors, subject matter experts, and users.

11.8.3.5.5 Possess System Development Life Cycle (SDLC) experience / software development process.

11.8.3.5.6 Experienced managing health care-related Information Technology (IT) projects.

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11.8.3.5.7 Project Management Professional (PMP) Certification.

11.8.4 Technical Expert

11.8.4.1 The PMO Vendor will assign an individual to oversee and manage all aspects related to data conversion, interface specifications and data integration while ensuring requirements of the MES are met. This individual must ensure that the MES Vendor responsible for designing, analyzing, and managing all data within the MES is performing activities that will ensure the successful data conversion, sound interface specification documentation, and that the network architecture supports all hardware and software components.

11.8.4.2 The PMO Technical Expert must have at least three (3) years' experience with data management, at least one (1) of those years' experience in SOA infrastructure and technical governance/architecture, and two years' experience with data management and interface specifications utilizing multiple platforms. This individual must also have one year of experience serving as a PMO technical manager for systems involving data migrations on system development projects of similar size and scope in a Medicaid environment.

11.8.5 Communication / Knowledge Transfer Manager

11.8.5.1 The PMO Vendor is required to provide a Communications / Knowledge Transfer Manager who will be responsible for monitoring all MES Vendor's Communication Plans. This individual will assess and effectively collaborate to ensure the execution of communications management processes and including, but not limited to:

11.8.5.1.1 Defining audiences;

11.8.5.1.2 Messages;

11.8.5.1.3 Media;

11.8.5.1.4 Frequency;

11.8.5.1.5 Project communication mechanism (tools);

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11.8.5.1.6 Facilitate alignment between DOM and all MES Vendors; and

11.8.5.1.7 Facilitating cross functional team communication for timely issue resolution.

11.8.5.2 The Communication/Knowledge Transfer Manager will also be responsible for evaluating and monitoring the MES Vendor's Training Plan to ensure that scheduling, coordination, and delivery of training requirements are being delivered to DOM. The Manager will assess the training curriculum that will be used to educate and train DOM personnel in the development, configuration, implementation, support, and use of the MES.

11.8.5.3 This Manager must have at least four (4) years' experience as a Communications/Knowledge Transfer Manager, of which at least two (2) of those years' experience serving as a Communications Manager in a SDLC project equal to the MES.

11.8.6 Test Manager

11.8.6.1 The PMO Vendor will be required to provide a Test Manager that will perform project management functions and will monitor and review MES Vendor and the Test Management Plan tasks and activities related to testing the various components of the MES. The MES Vendor's Testing Plan and the Test Management Plan will be reviewed and approved in accordance with DOM's standard deliverable submission, and review procedure.

11.8.6.2 The PMO Vendor will be responsible for monitoring all test plan tasks including: scheduling, coordinating, and delivering all testing in accordance with the Test Management Plan.

11.8.6.3 MANDATORY: The proposed testing manager must have a minimum of two (2) years' experience managing and monitoring testing activities for an MMIS implementation, similar to project scope and size of the MES project.

11.8.7 Functional Analysts

11.8.7.1 DOM requires the PMO Vendor to provide Project Analysts for the following functional areas who will work with project stakeholders to elicit and document requirements, processes, and procedures. The

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Analysts will assist with use-case development and ensure that the MES Vendor understand business requirements and incorporate those requirements into designs to include business processes. The Analysts will validate that new or modified technical and business capabilities are implemented.

11.8.7.2 DOM has identified the following functional areas that will require Analyst oversight including, but not limited to:

11.8.7.2.1 Claims and Operations Management; (e.g. Fiscal Agent services such as call centers, medical review, provider field representative, etc.)

11.8.7.2.2 Provider Management;

11.8.7.2.3 Member Management;

11.8.7.2.4 Financial Management;

11.8.7.2.5 Pharmacy;

11.8.7.2.6 Managed Care;

11.8.7.2.7 Care Management;

11.8.7.2.8 Reimbursement;

11.8.7.2.9 Security & Privacy; and

11.8.7.2.10 Third Party Liability

11.8.7.3 For each MES Functional Area, the Analyst will be charged with the following tasks:

11.8.7.3.1 Review and validate requirement deliverables;

11.8.7.3.2 Lead business process analysis and re-engineering for their business area;

11.8.7.3.3 Represent the PMO and DOM regarding the MES project;

11.8.7.3.4 Identify and resolve risks and issues impacting the progress and outcome of the project;

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11.8.7.3.5 Research and provide recommendations to DOM on critical business decisions;

11.8.7.3.6 Act as a communication conduit between the PMO, DOM Project Management Team and its respective DOM business;

11.8.7.3.7 Facilitate meetings and processes at the request of DOM to guarantee representation of DOM and the PMO for the successful implementation of the MES project;

11.8.7.3.8 Assist in leading the implementation and associated changes within its business area;

11.8.7.3.9 Review and comment on deliverables according to the schedule;

11.8.7.3.10 Contribute to the Project's overall understanding of the requirements for the MES;

11.8.7.3.11 Collaborate with other business areas to provide subject matter expertise and assistance, as applicable;

11.8.7.3.12 Monitor and track project schedule, Work Plan, and budget for its business area to ensure the project meets targeted dates and goals;

11.8.7.3.13 Ensure that all project identified processes and methodologies are executed and followed, as applicable, to its business area; and

11.8.7.3.14 Monitor its business area for potential items or requests that need to follow the Change Control Process.

11.8.7.4 MANDATORY: Each analyst proposed will possess experience in public sector large enterprise system design, implementation, and management.

11.8.7.5 The Vendor may propose more than one functional area to an analyst; however, DOM will use its discretion during the evaluation process when

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determining an individual's ability to cover multiple components during the course of the project.

11.8.8 Implementation / Transition Manager

11.8.8.1 To achieve a successful implementation of the MES project, it is key for the MES Vendor to create and manage a viable Transition Plan. The PMO Vendor's Implementation/Transition Manager will serve to assess the implementation and transition plans of the MES Vendor and work to effectively collaborate with them and DOM to support MES project activities.

11.8.8.2 The Transition Manager will be charged with the responsibilities of evaluating the movement from the current MMIS to the new system and working with the change management team to manage corresponding changes in the manner in which DOM conducts business, including the manner in which its customers (providers, members, and vendors) do business with DOM.

11.8.8.3 MANDATORY: The proposed Implementation/ Transition Manager must have a minimum of two (2) years' experience managing and assessing the activities necessary for an effective project transition and implementation, with projects of similar scope and size in a Medicaid environment.

11.8.9 Certification Manager

11.8.9.1 It is the responsibility of the PMO Vendor to provide support to DOM to ensure successful CMS Certification of the MES project. To accomplish this task, the PMO Vendor will assign a Certification Manager to oversee and manage the certification process and ensure that the MES Vendor adheres to the certification tasks. The Certification Manager will serve to assess and support the certification activities associated with the MES and work to effectively collaborate with the MES Vendor and DOM.

11.8.9.2 MANDATORY: The proposed Certification Manager must have a minimum of one (1) year experience with CMS Certification plan development and certifying a system for a project similar in scope and size.

12. Change Order Process

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12.1 Additional services will be provided through the Change Order process, will be issued as a fixed price, and will be deliverable based. Cost must be presented by role and by deliverable.

12.2 DOM will e-mail a Change Order Request Form to the Vendor to provide services or resources that are within the scope of this RFP. The Change Order Request will include:

12.2.1 Description of the service or resources needed;

12.2.2 Performance objectives and/or deliverables, as applicable;

12.2.3 Due date and time for submitting a response to the request; and

12.2.4 Required place(s) where work must be performed.

12.3 The Vendor must e-mail a response to DOM within the specified time and include at a minimum:

12.3.1 A response that details the Vendor's understanding of the work;

12.3.2 An explanation of how tasks shall be completed. This description shall include proposed subcontractors and related tasks;

12.3.3 State resources, (e.g. work site, and /or access to equipment, facilities, or personnel); and

12.3.4 The proposed personnel resources, including any subcontractor personnel, to complete the task.

12.4 All Change Orders that require fixed price work must be reviewed and approved by DOM. DOM will submit the Amendment to ITS for final approval. Based on the amount of the change order, the Amendment may require ITS Board approval.

12.5 Once the Amendment has been executed, the Change Order will be approved and work may begin.

12.6 Vendor must provide a fully loaded hourly rate for all services outlined in this RFP. A list of services can be found in Section VIII, Change Order Rates.

12.7 The Vendor must describe his change order and staffing strategy.

13. Additional Requirements

13.1 ITS acknowledges that the specifications within this RFP are not exhaustive. Rather, they reflect the known requirements that must be met by the proposed system. Vendors must specify, here, what additional components may be needed and are proposed in order to complete each configuration.

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14. Scoring Methodology

14.1 An Evaluation Team composed of DOM and ITS staff will review and evaluate all proposals. All information provided by the Vendors, as well as any other information available to evaluation team, will be used to evaluate the proposals.

14.1.1 Each category included in the scoring mechanism is assigned a weight between one and 100.

14.1.2 The sum of all categories, other than Value-Add, equals 100 possible points.

14.1.3 Value-Add is defined as product(s) or service(s), exclusive of the stated functional and technical requirements and provided to the State at no additional charge, which, in the sole judgment of the State, provide both benefit and value to the State significant enough to distinguish the proposal and merit the award of additional points. A Value-Add rating between 0 and 5 may be assigned based on the assessment of the evaluation team. These points will be added to the total score.

14.1.4 For the evaluation of this RFP, the Evaluation Team will use the following categories and possible points:

Category Possible Points

Non-Cost Categories:Vendor Requirements 20Vendor Qualifications 20Onsite Interviews* 15

Onsite Presentations* 15Total Non-Cost Points 70Cost 30Total Base Points 100Value Add 5Maximum Possible Points 105

14.2 The evaluation will be conducted in four stages as follows:

14.2.1 Stage 1 – Selection of Responsive/Valid Proposals – Each proposal will be reviewed to determine if it is sufficiently responsive to the RFP requirements to permit a complete evaluation. A responsive proposal must comply with the instructions stated in this RFP with regard to content, organization/format, Vendor experience, number of copies, bond requirement, timely delivery, and must be responsive to all mandatory requirements. No evaluation points will be awarded in

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this stage. Failure to submit a complete proposal may result in rejection of the proposal.

14.2.2 Stage 2 – Non-cost Evaluation (all requirements excluding cost)

14.2.2.1 Non-cost categories and possible point values are as follows:

Non-Cost Categories Possible PointsVendor Requirements 20Vendor Qualifications 20Onsite Interviews* 15Onsite Presentations* 15Maximum Possible Points 70

14.2.2.2 Proposals meeting fewer than 80% of the requirements in the Vendor Requirements or Vendor Qualifications categories may be eliminated from further consideration.

14.2.2.2.1 *Vendors receiving fewer than 85% in the Onsite Interviews or Onsite Presentations may be eliminated from further consideration.

14.2.2.3 ITS scores the non-cost categories on a 10-point scale, with 9 points for meeting the requirement. The ‘Meets Specs’ score for each category is 90% of the total points allocated for that category. For example, the ‘Vendor Requirements’ category was allocated 20 points; a proposal that fully met all requirements in that section would have scored 18 points. The additional 10% is used for a proposal that exceeds the requirement for an item in a way that provides additional benefits to the state.

14.3 Stage 3 – Cost Evaluation

14.3.1 Points will be assigned using the following formula:

(1-((B-A)/A))*n

Where:

A = Total lifecycle cost of lowest valid proposal

B = Total lifecycle cost of proposal being scored

n = Maximum number of points allocated to cost for acquisition

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14.3.2 Cost categories and maximum point values are as follows:

Cost Category Possible PointsLifecycle Cost 30 Maximum Possible Points 30

14.4 Stage 4 – Selection of the successful Vendor

14.4.1 On-site Interviews/Onsite Presentations

14.4.1.1 At the discretion of the State, evaluators may request interviews of Key Personnel, on-site presentations, demonstrations or discussions with any and all Vendors for the purpose of system overview and/or clarification or amplification of information presented in any part of the proposal.

14.4.1.2 Vendors must be prepared to make an on-site presentation to the evaluation team and its affiliates within seven calendar days of notification. Each presentation must be made by the project manager being proposed by the Vendor to oversee implementation of this project.

14.4.1.2.1 Vendors will be provided an outline of what should be covered during the on-site presentation.

14.4.1.3 Proposed key team members must be present at the on-site demonstration. The evaluation team reserves the right to interview the proposed key team members during this onsite visit.

14.4.1.4 Although on-site is required, the presentation will not be allowed in lieu of a written proposal.

14.4.2 Site Visits

14.4.2.1 At the State’s option, Vendors that remain within a competitive range must be prepared to provide a reference site within seven calendar days of notification. If possible, the reference site should be in the Southeastern region of the United States. Vendor must list potential reference sites in the proposal.

14.5 Final Quantitative Evaluation - Following any requested presentations, demonstrations, and/or site visits, the Evaluation Team will re-evaluate any technical/functional scores as necessary. The technical/functional and cost scores will then be combined to determine the Vendor’s final score.

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RFP No.: 3835Section VIII: Cost Information Submission


SECTION VIIIPMO COST INFORMATION SUBMISSION

Vendors must propose a summary of all applicable project costs in the matrix that follows. The matrix must be supplemented by a cost itemization fully detailing the basis of each cost category. The level of detail must address the following elements as applicable: item, description, quantity, retail, discount, extension, and deliverable. Any cost not listed in this section may result in the Vendor providing those products or services at no charge to the State or face disqualification. Deliverables should be based on Exhibit C, MES DDI MAJOR MILESTONE SCHEDULE.

DELIVERABLES Cost 15 % RetainageCost Less Retainage

PMO Vendor(s) Deliverables

Software, Licensing, and Maintenance

Totals

CostPerformance Bond

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SECTION VIIIIV&V COST INFORMATION SUBMISSION

Vendors must propose a summary of all applicable project costs in the matrix that follows. The matrix must be supplemented by a cost itemization fully detailing the basis of each cost category. The level of detail must address the following elements as applicable: item, description, quantity, retail, discount, extension, and deliverable. Any cost not listed in this section may result in the Vendor providing those products or services at no charge to the State or face disqualification. Deliverables should be based on Exhibit C, MES DDI MAJOR MILESTONE SCHEDULE.

DELIVERABLES Cost 15 % RetainageCost Less Retainage

IV&V Vendor(s) Deliverables

Software, Licensing, and Maintenance

Totals

CostPerformance Bond

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SECTION VIIICHANGE ORDER RATES COST INFORMATION SUBMISSION

DOM would like the Vendor to propose all possible personnel/subject matter experts (SME’s) that may be needed for future enhancements in the table below with their fully-loaded hourly rates. The table lists possible roles but is not all inclusive and the Vendor may add additional roles. If the Vendor does not foresee a particular role being used, the Vendor must mark the hourly rate as N/A. Vendor must completely fill in the matrix listed below. The fully-loaded fixed hourly rate will remain the same for the entire duration of the project. Fully loaded rate includes the cost of all materials, travel expenses, per diem, and all other expenses and incidentals incurred by the Vendor.

Role Fully Loaded RateIV&V IV&V Manager IV&V Technical Analyst IV&V Quality Assurance LeadPMO Project Director Project Manager Technical Expert Communications Manager Test Manager Functional Analyst Implementation/Transition Manager Certification ManagerAdditional SME’s Test Management Services

Testing Project ManagerTesting Lead ManagerTestersAutomation EngineerSecurity Test Specialist

Change Management ServicesChange Management Practitioner Change Management Lead Change Agents

System Integration ServicesEnterprise Architect Technical Architect

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RFP No.: 3835Section IX: References


SECTION IXREFERENCES

Please return the following Reference Forms, and if applicable, Subcontractor Reference Forms.

1. References

1.1 The Vendor must provide at least three (3) references consisting of Vendor accounts that the State may contact. Required information includes customer contact name, address, telephone number, email address, and engagement starting and ending dates. Forms for providing reference information are included later in this RFP section. The Vendor must make arrangements in advance with the account references so that they may be contacted at the Project team's convenience without further clearance or Vendor intercession.

1.2 Any of the following may subject the Vendor’s proposal to being rated unfavorably relative to these criteria or removed from further consideration, at the State’s sole discretion:

1.2.1 Failure to provide reference information in the manner described;

1.2.2 Inability of the State to substantiate minimum experience or other requirements from the references provided;

1.2.3 Non-responsiveness of references to the State's attempts to contact them; or

1.2.4 Unfavorable references that raise serious concerns about material risks to the State in contracting with the Vendor for the proposed products or services.

1.3 References should be based on the following profiles and be able to substantiate the following information from both management and technical viewpoints:

1.3.1 The reference installation must be for a project similar in scope and size to the project for which this RFP is issued;

1.3.2 At least one reference must have been for a Statewide Medicaid Agency.

1.3.3 The reference installation must have been operational for at least six (6) months.

1.4 The State reserves the right to request information about the Vendor from any previous customer of the Vendor of whom the State is aware, including the procuring agency and/or other agencies or institutions of the State, even if that customer is not included in the Vendor’s list of references, and to utilize such information in the evaluation of the Vendor's proposal.

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1.5 Unless otherwise indicated in the Scoring Methodology in Section VII, reference information available to the State will be used as follows:

1.5.1 As documentation supporting mandatory experience requirements for companies, products, and/or individuals, as required in this RFP;

1.5.2 To confirm the capabilities and quality of a Vendor, product, or individual for the proposal deemed lowest and best, prior to finalizing the award.

1.6 The State reserves the right to forego reference checking when, at the State's sole discretion, the evaluation team determines that the capabilities of the recommended Vendor are known to the State.

2. Subcontractors

The Vendor’s proposal must identify any subcontractor that will be used and include the name of the company, telephone number, contact person, type of work subcontractor will perform, number of certified employees to perform said work, and three (3) references for whom the subcontractor has performed work that the State may contact. Forms for providing subcontractor information and references are included at the end of this section.

Unless otherwise noted, the requirements found in the References section may be met through a combination of Vendor and subcontractor references and experience. Vendor's proposal should clearly indicate any mandatory experience requirements met by subcontractors. NOTE: The State reserves the right to eliminate from further consideration proposals in which the prime Vendor does not, in the State's sole opinion, provide substantive value or investment in the total solution proposed. (i.e. the State does not typically accept proposals in which the prime Vendor is only a brokering agent.)

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REFERENCE FORM

Complete three (3) Reference Forms.

Contact Name:Company Name:Address:Phone #:E-Mail:Project Start Date:Project End Date:

Vendor must give description of current system product/services/project and indicate how this system is similar in scope/size of the proposed system.

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SUBCONTRACTOR REFERENCE FORM

Complete a separate form for each subcontractor proposed.

Contact Name:Company name:Address:Phone #:E-Mail:

Scope of services/products to be provided by subcontractor:

Complete three (3) Reference Forms for each Subcontractor.

Contact Name:Company name:Address:Phone #:E-Mail:Vendor must give description of current system product/services/project and indicate how this system is similar in scope/size of the proposed system, including start and end dates:

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RFP No.: 3835Exhibit A: Standard Contract


EXHIBIT ASTANDARD CONTRACT

A properly executed contract is a requirement of this RFP. After an award has been made, it will be necessary for the winning Vendor to execute a contract with ITS. The inclusion of this contract does not preclude ITS from, at its sole discretion, negotiating additional terms and conditions with the selected Vendor(s) specific to the projects covered by this RFP.

If Vendor cannot comply with any term or condition of this Standard Contract, Vendor must list and explain each specific exception on the Proposal Exception Summary Form included in Section V.

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PROJECT NUMBER 41734PROFESSIONAL SERVICES AGREEMENT

BETWEENINSERT VENDOR NAME

ANDMISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES

AS CONTRACTING AGENT FOR THEMISSISSIPPI DIVISION OF MEDICAID

This Professional Services Agreement (hereinafter referred to as “Agreement”) is entered into by and between INSERT VENDOR NAME, a INSERT STATE corporation having its principal place of business at VENDOR ADDRESS (hereinafter referred to as “Contractor”), and Mississippi Department of Information Technology Services having its principal place of business at 3771 Eastwood Drive, Jackson, Mississippi 39211 (hereinafter referred to as “ITS”), as contracting agent for the Mississippi Division of Medicaid located at 550 High Street, Suite 1000, Sillers Building, Jackson, Mississippi 39201 (hereinafter referred to as “Customer”). ITS and Customer are sometimes collectively referred to herein as “State”.

WHEREAS, Customer, pursuant to Request for Proposals (“RFP”) No. 3835 requested proposals for the acquisition of Project Management Services and Independent Verification & Validation Services, and

WHEREAS, Contractor was the successful proposer in an open, fair and competitive procurement process to provide the INSERT EITHER PROJECT MANAGEMENT SERVICES OR INDEPENDENT VERIFICATION & VALIDATION SERVICES—DEPENDING ON WHICH THEY WON described herein;

NOW THEREFORE, in consideration of the mutual understandings, promises and agreements set forth, the parties hereto agree as follows:

ARTICLE 1 PERIOD OF PERFORMANCE1.1 Unless this Agreement is extended by mutual agreement or terminated as prescribed elsewhere herein, this Agreement shall begin on the date it is signed by all parties and shall continue until the close of business on September 30, 2020. At the end of the initial term, this Agreement may, upon the written agreement of the parties, be renewed for an additional term, the length of which will be agreed upon by the parties. Sixty (60) days prior to the expiration of the initial term or any renewal term of this Agreement, Contractor shall notify Customer and ITS of the impending expiration and Customer shall have thirty (30) days in which to notify Contractor of its intention to either renew or cancel the Agreement.

1.2 This Agreement will become a binding obligation on the State only upon the issuance of a valid purchase order by the Customer following contract execution and the issuance by ITS of the CP-1 Acquisition Approval Document.

ARTICLE 2 SCOPE OF SERVICESContractor shall perform the INSERT EITHER PROJECT MANAGEMENT SERVICES OR INDEPENDENT VERIFICATION & VALIDATION SERVICES—DEPENDING ON WHICH THEY WON as specified in RFP No. 3835 and the Contractor’s Proposal, as accepted by the State, in

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response thereto. A summary of the services to be performed is set out in the Statement of Work attached hereto as “Exhibit A” and incorporated herein by reference.

ARTICLE 3 CONSIDERATION AND METHOD OF PAYMENT3.1 The total compensation to be paid to the Contractor by Customer for all products, services, travel, performances and expenses under this Agreement shall not exceed the specified sum of $INSERT AMOUNT, and shall be payable as set forth in the Payment Schedule and Deliverables List attached hereto as Exhibit A.

3.2 Customer shall have ten (10) working days to review each deliverable and to either notify Contractor of acceptance or to provide Contractor a detailed list of deficiencies that must be remedied prior to payment being made. In the event the Customer notifies the Contractor of deficiencies, the Contractor shall correct such deficiencies within five (5) working days unless the Customer consents in writing to a longer period of time.

3.3 Contractor shall submit an invoice with the appropriate documentation to Customer upon Customer’s acceptance of the deliverables. Contractor shall submit invoices and supporting documentation to Customer electronically during the term of this Agreement using the processes and procedures identified by the State. Customer agrees to make payment in accordance with Mississippi law on “Timely Payments for Purchases by Public Bodies”, Section 31-7-301, et seq. of the 1972 Mississippi Code Annotated, as amended, which generally provides for payment of undisputed amounts by Customer within forty-five (45) days of receipt of the invoice. Contractor understands and agrees that Customer is exempt from the payment of taxes. All payments shall be in United States currency. Payments by state agencies using Mississippi’s Accountability System for Government Information and Collaboration (MAGIC) shall be made and remittance information provided electronically as directed by the State. The payments by these agencies shall be deposited into the bank account of the Contractor’s choice. No payment, including final payment, shall be construed as acceptance of defective products or incomplete work, and the Contractor shall remain responsible and liable for full performance in strict compliance with the contract documents specified in the article herein titled “Entire Agreement.”

3.4 Acceptance by the Contractor of the last payment from the Customer shall operate as a release of all claims against the State by the Contractor and any subcontractors or other persons supplying labor or materials used in the performance of the work under this Agreement.

ARTICLE 4 WARRANTIES4.1 The Contractor represents and warrants that its services hereunder shall be performed by competent personnel and shall be of professional quality consistent with generally accepted industry standards for the performance of such services and shall comply in all respects with the requirements of this Agreement. For any breach of this warranty, the Contractor shall, for a period of ninety (90) days from performance of the service, perform the services again, at no cost to Customer, or if Contractor is unable to perform the services as warranted, Contractor shall reimburse Customer the fees paid to Contractor for the unsatisfactory services.

4.2 If applicable under the given circumstances, Contractor represents and warrants that it will ensure its compliance with the Mississippi Employment Protection Act, Section 71-11-1, et seq. of the Mississippi Code Annotated (Supp2008), and will register and participate in the status verification system for all newly hired employees. The term “employee” as used herein

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means any person that is hired to perform work within the State of Mississippi. As used herein, “status verification system” means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. Contractor agrees to maintain records of such compliance and, upon request of the State, to provide a copy of each such verification to the State. Contractor further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Mississippi. Contractor understands and agrees that any breach of these warranties may subject Contractor to the following: (a) termination of this Agreement and ineligibility for any state or public contract in Mississippi for up to three (3) years, with notice of such cancellation/termination being made public, or (b) the loss of any license, permit, certification or other document granted to Contractor by an agency, department or governmental entity for the right to do business in Mississippi for up to one (1) year, or (c) both. In the event of such termination/cancellation, Contractor would also be liable for any additional costs incurred by the State due to contract cancellation or loss of license or permit.

4.3 Contractor represents and warrants that no official or employee of Customer or of ITS, and no other public official of the State of Mississippi who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the project shall, prior to the completion of said project, voluntarily acquire any personal interest, direct or indirect, in this Agreement. The Contractor warrants that it has removed any material conflict of interest prior to the signing of this Agreement, and that it shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its responsibilities under this Agreement. The Contractor also warrants that in the performance of this Agreement no person having any such known interests shall be employed.

4.4 The Contractor represents and warrants that no elected or appointed officer or other employee of the State of Mississippi, nor any member of or delegate to Congress has or shall benefit financially or materially from this Agreement. No individual employed by the State of Mississippi shall be admitted to any share or part of the Agreement or to any benefit that may arise therefrom. The State of Mississippi may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this Agreement if it is found, after notice and hearing by the ITS Executive Director or his/her designee, that gratuities in the form of entertainment, gifts, jobs, or otherwise were offered or given by the Contractor to any officer or employee of the State of Mississippi with a view toward securing this Agreement or securing favorable treatment with respect to the award, or amending or making of any determinations with respect to the performing of such contract, provided that the existence of the facts upon which the ITS Executive Director makes such findings shall be in issue and may be reviewed in any competent court. In the event this Agreement is terminated under this article, the State of Mississippi shall be entitled to pursue the same remedies against the Contractor as it would pursue in the event of a breach of contract by the Contractor, including punitive damages, in addition to any other damages to which it may be entitled at law or in equity.

ARTICLE 5 EMPLOYMENT STATUS5.1 Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor. Nothing in this Agreement is intended to nor shall be construed to create an employer-employee relationship, or a joint venture relationship.

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5.2 Contractor represents that it is qualified to perform the duties to be performed under this Agreement and that it has, or will secure, if needed, at its own expense, applicable personnel who shall be qualified to perform the duties required under this Agreement. Such personnel shall not be deemed in any way, directly or indirectly, expressly or by implication, to be employees of Customer.

5.3 Any person assigned by Contractor to perform the services hereunder shall be the employee of Contractor, who shall have the sole right to hire and discharge its employee. Customer may, however, direct Contractor to replace any of its employees under this Agreement.

5.4 Contractor shall pay when due, all salaries and wages of its employees and it accepts exclusive responsibility for the payment of federal income tax, state income tax, social security, unemployment compensation and any other withholdings that may be required. Neither Contractor nor employees of Contractor are entitled to state retirement or leave benefits.

5.5 It is further understood that the consideration expressed herein constitutes full and complete compensation for all services and performances hereunder, and that any sum due and payable to Contractor shall be paid as a gross sum with no withholdings or deductions being made by Customer for any purpose from said contract sum, except as permitted herein in the article titled “Termination”.

ARTICLE 6 BEHAVIOR OF EMPLOYEES/SUBCONTRACTORSContractor will be responsible for the behavior of all its employees and subcontractors while on the premises of any Customer location. Any employee or subcontractor acting in a manner determined by the administration of that location to be detrimental, abusive or offensive to any of the staff will be asked to leave the premises and may be suspended from further work on the premises. All Contractor employees and subcontractors who will be working at such locations shall be covered by Contractor’s comprehensive general liability insurance policy.

ARTICLE 7 MODIFICATION OR RENEGOTIATIONThis Agreement may be modified only by written agreement signed by the parties hereto, and any attempt at oral modification shall be void and of no effect. The parties agree to renegotiate the Agreement if federal and/or state revisions of any applicable laws or regulations make changes in this Agreement necessary.

ARTICLE 8 AUTHORITY, ASSIGNMENT AND SUBCONTRACTS8.1 In matters of proposals, negotiations, contracts, and resolution of issues and/or disputes, the parties agree that Contractor represents all contractors, third parties, and/or subcontractors Contractor has assembled for this project. The Customer is required to negotiate only with Contractor, as Contractor’s commitments are binding on all proposed contractors, third parties, and subcontractors.

8.2 Neither party may assign or otherwise transfer this Agreement or its obligations hereunder without the prior written consent of the other party, which consent shall not be unreasonably withheld. Any attempted assignment or transfer of its obligations without such consent shall be null and void. This Agreement shall be binding upon the parties' respective successors and assigns.

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8.3 Contractor must obtain the written approval of Customer before subcontracting any portion of this Agreement. No such approval by Customer of any subcontract shall be deemed in any way to provide for the incurrence of any obligation of Customer in addition to the total fixed price agreed upon in this Agreement. All subcontracts shall incorporate the terms of this Agreement and shall be subject to the terms and conditions of this Agreement and to any conditions of approval that Customer may deem necessary.

8.4 Contractor represents and warrants that any subcontract agreement Contractor enters into shall contain a provision advising the subcontractor that the subcontractor shall have no lien and no legal right to assert control over any funds held by the Customer, and that the subcontractor acknowledges that no privity of contract exists between the Customer and the subcontractor and that the Contractor is solely liable for any and all payments which may be due to the subcontractor pursuant to its subcontract agreement with the Contractor. The Contractor shall indemnify and hold harmless the State from and against any and all claims, demands, liabilities, suits, actions, damages, losses, costs and expenses of every kind and nature whatsoever arising as a result of Contractor’s failure to pay any and all amounts due by Contractor to any subcontractor, materialman, laborer or the like.

8.5 All subcontractors shall be bound by any negotiation, arbitration, appeal, adjudication or settlement of any dispute between the Contractor and the Customer, where such dispute affects the subcontract.

ARTICLE 9 AVAILABILITY OF FUNDSIt is expressly understood and agreed that the obligation of Customer to proceed under this Agreement is conditioned upon the appropriation of funds by the Mississippi State Legislature and the receipt of state and/or federal funds for the performances required under this Agreement. If the funds anticipated for the fulfillment of this Agreement are not forthcoming, or are insufficient, either through the failure of the federal government to provide funds or of the State of Mississippi to appropriate funds, or if there is a discontinuance or material alteration of the program under which funds were available to Customer for the payments or performance due under this Agreement, Customer shall have the right to immediately terminate this Agreement, without damage, penalty, cost or expense to Customer of any kind whatsoever. The effective date of termination shall be as specified in the notice of termination. Customer shall have the sole right to determine whether funds are available for the payments or performances due under this Agreement.

ARTICLE 10 TERMINATION10.1 Notwithstanding any other provision of this Agreement to the contrary, this Agreement may be terminated, in whole or in part, as follows: (a) upon the mutual, written agreement of the parties; (b) If either party fails to comply with the terms of this Agreement, the non-defaulting party may terminate the Agreement upon the giving of thirty (30) days written notice unless the breach is cured within said thirty (30) day period; (c) Customer may terminate the Agreement in whole or in part without the assessment of any penalties upon thirty (30) days written notice to Contractor if Contractor becomes the subject of bankruptcy, reorganization, liquidation or receivership proceedings, whether voluntary or involuntary, or (d) Customer may terminate the Agreement for any reason without the assessment of any penalties after giving thirty (30) days written notice specifying the effective date thereof to Contractor. The provisions of this Article do not limit either party’s right to pursue any other remedy available at law or in equity.

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10.2 In the event Customer terminates this Agreement, Contractor shall be paid for satisfactory work completed by Contractor and accepted by Customer prior to the termination. Such compensation shall be based upon the amounts set forth in the Article herein on “Consideration and Method of Payment”, but in no case shall said compensation exceed the total fixed price of this Agreement.

10.3 Notwithstanding the above, Contractor shall not be relieved of liability to Customer for damages sustained by Customer by virtue of any breach of this Agreement by Contractor, and Customer may withhold any payments to Contractor for the purpose of set off until such time as the exact amount of damages due Customer from Contractor are determined.

ARTICLE 11 GOVERNING LAWThis Agreement shall be construed and governed in accordance with the laws of the State of Mississippi and venue for the resolution of any dispute shall be Jackson, Hinds County, Mississippi. Contractor expressly agrees that under no circumstances shall Customer be obligated to pay an attorney’s fee, prejudgment interest or the cost of legal action to Contractor. Further, nothing in this Agreement shall affect any statutory rights Customer may have that cannot be waived or limited by contract.

ARTICLE 12 WAIVERFailure of either party hereto to insist upon strict compliance with any of the terms, covenants and conditions hereof shall not be deemed a waiver or relinquishment of any similar right or power hereunder at any subsequent time or of any other provision hereof, nor shall it be construed to be a modification of the terms of this Agreement. A waiver by the State, to be effective, must be in writing, must set out the specifics of what is being waived, and must be signed by an authorized representative of the State.

ARTICLE 13 SEVERABILITYIf any term or provision of this Agreement is prohibited by the laws of the State of Mississippi or declared invalid or void by a court of competent jurisdiction, the remainder of this Agreement shall be valid and enforceable to the fullest extent permitted by law provided that the State’s purpose for entering into this Agreement can be fully achieved by the remaining portions of the Agreement that have not been severed.

ARTICLE 14 CAPTIONSThe captions or headings in this Agreement are for convenience only, and in no way define, limit or describe the scope or intent of any provision or Article in this Agreement.

ARTICLE 15 HOLD HARMLESSTo the fullest extent allowed by law, Contractor shall indemnify, defend, save and hold harmless, protect and exonerate Customer, ITS and the State, its Board Members, officers, employees, agents and representatives from and against any and all claims, demands, liabilities, suits, actions, damages, losses, costs and expenses of every kind and nature whatsoever, including without limitation, court costs, investigative fees and expenses, attorney fees and claims for damages arising out of or caused by Contractor and/or its partners, principals, agents, employees or subcontractors in the performance of or failure to perform this Agreement.

ARTICLE 16 THIRD PARTY ACTION NOTIFICATION

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Contractor shall notify Customer in writing within five (5) business days of Contractor filing bankruptcy, reorganization, liquidation or receivership proceedings or within five (5) business days of its receipt of notification of any action or suit being filed or any claim being made against Contractor or Customer by any entity that may result in litigation related in any way to this Agreement and/or which may affect the Contractor’s performance under this Agreement. Failure of the Contractor to provide such written notice to Customer shall be considered a material breach of this Agreement and the Customer may, at its sole discretion, pursue its rights as set forth in the Termination Article herein and any other rights and remedies it may have at law or in equity.

ARTICLE 17 AUTHORITY TO CONTRACTContractor warrants that it is a validly organized business with valid authority to enter into this Agreement; that entry into and performance under this Agreement is not restricted or prohibited by any loan, security, financing, contractual or other agreement of any kind, and notwithstanding any other provision of this Agreement to the contrary, that there are no existing legal proceedings, or prospective legal proceedings, either voluntary or otherwise, which may adversely affect its ability to perform its obligations under this Agreement.

ARTICLE 18 NOTICEAny notice required or permitted to be given under this Agreement shall be in writing and personally delivered or sent by electronic means provided that the original of such notice is sent by certified United States mail, postage prepaid, return receipt requested, or overnight courier with signed receipt, to the party to whom the notice should be given at their business address listed herein. ITS’ address for notice is: Craig P. Orgeron, Ph.D., Executive Director, Mississippi Department of Information Technology Services, 3771 Eastwood Drive, Jackson, Mississippi 39211. Customer’s address for notice is: Ms. Rita Rutland, Deputy Administrator, Mississippi Division of Medicaid, 550 High Street, Suite 1000, Sillers Building, Jackson, Mississippi 39201. The Contractor’s address for notice is: INSERT VENDOR NOTICE INFORMATION. Notice shall be deemed given when actually received or when refused. The parties agree to promptly notify each other in writing of any change of address.

ARTICLE 19 RECORD RETENTION AND ACCESS TO RECORDSContractor shall establish and maintain financial records, supporting documents, statistical records and such other records as may be necessary to reflect its performance of the provisions of this Agreement. The Customer, ITS, any state or federal agency authorized to audit Customer, and/or any of their duly authorized representatives, shall have unimpeded, prompt access to this Agreement and to any of the Contractor’s proposals, books, documents, papers and/or records that are pertinent to this Agreement to make audits, copies, examinations, excerpts and transcriptions at the State’s or Contractor’s office as applicable where such records are kept during normal business hours. All records relating to this Agreement shall be retained by the Contractor for three (3) years from the date of receipt of final payment under this Agreement. However, if any litigation or other legal action, by or for the state or federal government has begun that is not completed at the end of the three (3) year period, or if an audit finding, litigation or other legal action has not been resolved at the end of the three (3) year period, the records shall be retained until resolution.

ARTICLE 20 INSURANCEContractor represents that it will maintain workers’ compensation insurance as prescribed by law which shall inure to the benefit of Contractor's personnel, as well as comprehensive general

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liability and employee fidelity bond insurance. Contractor will, upon request, furnish Customer with a certificate of conformity providing the aforesaid coverage.

ARTICLE 21 DISPUTESAny dispute concerning a question of fact under this Agreement which is not disposed of by agreement of the Contractor and Customer, shall be decided by the Executive Director of ITS or his/her designee. This decision shall be reduced to writing and a copy thereof mailed or furnished to the parties. Disagreement with such decision by either party shall not constitute a breach under the terms of this Agreement. Such disagreeing party shall be entitled to seek such other rights and remedies it may have at law or in equity.

ARTICLE 22 COMPLIANCE WITH LAWS22.1 Contractor shall comply with, and all activities under this Agreement shall be subject to, all Customer policies and procedures, and all applicable federal, state, and local laws, regulations, policies and procedures as now existing and as may be amended or modified. Specifically, but not limited to, Contractor shall not discriminate against any employee nor shall any party be subject to discrimination in the performance of this Agreement because of race, creed, color, sex, age, national origin or disability. Further, if applicable, Contractor shall comply with the provisions of the Davis-Bacon Act including, but not limited to, the wages, recordkeeping, reporting and notice requirements set forth therein.

22.2 Contractor represents and warrants that it will comply with the state’s data breach notification laws codified at Section 75-24-29 of the Mississippi Code Annotated (Supp. 2012). Further, to the extent applicable, Contractor represents and warrants that it will comply with the applicable provisions of the HIPAA Privacy Rule and Security Regulations (45 CFR Parts 160, 162 and 164) (“Privacy Rule” and “Security Regulations”, individually; or “Privacy and Security Regulations”, collectively); and the provisions of the Health Information Technology for Economic and Clinical Health Act, Title XIII of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5 (the “HITECH Act”).

ARTICLE 23 CONFLICT OF INTERESTContractor shall notify the Customer of any potential conflict of interest resulting from the representation of or service to other clients. If such conflict cannot be resolved to the Customer’s satisfaction, the Customer reserves the right to terminate this Agreement.

ARTICLE 24 SOVEREIGN IMMUNITYBy entering into this Agreement with Contractor, the State of Mississippi does in no way waive its sovereign immunities or defenses as provided by law.

ARTICLE 25 CONFIDENTIAL INFORMATION25.1 Contractor shall treat all Customer data and information to which it has access by its performance under this Agreement as confidential and shall not disclose such data or information to a third party without specific written consent of Customer. In the event that Contractor receives notice that a third party requests divulgence of confidential or otherwise protected information and/or has served upon it a subpoena or other validly issued administrative or judicial process ordering divulgence of such information, Contractor shall promptly inform Customer and thereafter respond in conformity with such subpoena to the extent mandated by state and/or federal laws, rules and regulations. This Article shall survive the termination or completion of this Agreement and shall continue in full force and effect and

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shall be binding upon the Contractor and its agents, employees, successors, assigns, subcontractors or any party or entity claiming an interest in this Agreement on behalf of, or under the rights of the Contractor following any termination or completion of this Agreement.

25.2 With the exception of any attached exhibits which are labeled as "confidential", the parties understand and agree that this Agreement, including any amendments and/or change orders thereto, does not constitute confidential information, and may be reproduced and distributed by the State without notification to Contractor. ITS will provide third party notice to Contractor of any requests received by ITS for any such confidential exhibits so as to allow Contractor the opportunity to protect the information by court order as outlined in ITS Public Records Procedures.

25.3 The parties understand and agree that pursuant to §25-61-9(7) of the Mississippi Code of 1972, as amended, the contract provisions specifying the commodities purchased or the services provided; the price to be paid; and the term of this Agreement shall not be deemed confidential information.

ARTICLE 26 EFFECT OF SIGNATUREEach person signing this Agreement represents that he or she has read the Agreement in its entirety, understands its terms, is duly authorized to execute this Agreement on behalf of the parties and agrees to be bound by the terms contained herein. Accordingly, this Agreement shall not be construed or interpreted in favor of or against the State or the Contractor on the basis of draftsmanship or preparation hereof.

ARTICLE 27 OWNERSHIP OF DOCUMENTS AND WORK PRODUCTSAll data, electronic or otherwise, collected by Contractor and all documents, notes, programs, data bases (and all applications thereof), files, reports, studies, and/or other material collected and prepared by Contractor in connection with this Agreement, whether completed or in progress, shall be the property of Customer upon completion of this Agreement or upon termination of this Agreement. Customer hereby reserves all rights to the databases and all applications thereof and to any and all information and/or materials prepared in connection with this Agreement. Contractor is prohibited from use of the above described information and/or materials without the express written approval of Customer.

ARTICLE 28 NON-SOLICITATION OF EMPLOYEESContractor agrees not to employ or to solicit for employment, directly or indirectly, any of the Customer’s employees until at least one (1) year after the expiration/termination of this Agreement unless mutually agreed to the contrary in writing by the Customer and the Contractor and provided that such an agreement between these two entities is not a violation of the laws of the State of Mississippi or the federal government.

ARTICLE 29 ENTIRE AGREEMENT29.1 This Contract constitutes the entire agreement of the parties with respect to the subject matter contained herein and supersedes and replaces any and all prior negotiations, understandings and agreements, written or oral, between the parties relating thereto. The RFP No. 3835 and Contractor’s Proposal in response to RFP No. 3835 are hereby incorporated into and made a part of this Contract.

29.2 The Contract made by and between the parties hereto shall consist of, and precedence

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is hereby established by the order of the following:

A. This Agreement signed by the parties hereto;B. Any exhibits attached to this Agreement;C. RFP No. 3835 and written addenda, andD. Contractor’s Proposal, as accepted by Customer, in response to RFP No. 3835.

29.3 The intent of the above listed documents is to include all items necessary for the proper execution and completion of the services by the Contractor. The documents are complementary, and what is required by one shall be binding as if required by all. A higher order document shall supersede a lower order document to the extent necessary to resolve any conflict or inconsistency arising under the various provisions thereof; provided, however, that in the event an issue is addressed in one of the above mentioned documents but is not addressed in another of such documents, no conflict or inconsistency shall be deemed to occur by reason thereof. The documents listed above are shown in descending order of priority, that is, the highest document begins with the first listed document (“A. This Agreement”) and the lowest document is listed last (“D. Contractor’s Proposal”).

ARTICLE 30 STATE PROPERTYContractor shall be responsible for the proper custody of any Customer-owned property furnished for Contractor’s use in connection with work performed pursuant to this Agreement. Contractor shall reimburse the Customer for any loss or damage, normal wear and tear excepted.

ARTICLE 31 SURVIVALArticles 4, 11, 15, 19, 24, 25, 27, 28, and all other articles which, by their express terms so survive or which should so reasonably survive, shall survive any termination or expiration of this Agreement.

ARTICLE 32 DEBARMENT AND SUSPENSION CERTIFICATIONContractor certifies that neither it nor its principals: (a) are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; (b) have, within a three (3) year period preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; (c) are presently indicted of or otherwise criminally or civilly charged by a governmental entity with the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property, and (d) have, within a three (3) year period preceding this Agreement, had one or more public transaction (federal, state or local) terminated for cause or default.

ARTICLE 33 SPECIAL TERMS AND CONDITIONSIt is understood and agreed by the parties to this Agreement that there are no special terms and conditions.

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ARTICLE 34 COMPLIANCE WITH ENTERPRISE SECURITY POLICY Contractor and Customer understand and agree that all products and services provided by Contractor under this Agreement must be and remain in compliance with the State of Mississippi’s Enterprise Security Policy. The parties understand and agree that the State’s Enterprise Security Policy is based on industry-standard best practices, policy, and guidelines at the time of contract execution. The State reserves the right to introduce a new policy during the term of this Agreement and require the Contractor to comply with same in the event the industry introduces more secure, robust solutions or practices that facilitate a more secure posture for the State of Mississippi. ARTICLE 35 STATUTORY AUTHORITYBy virtue of Section 25-53-21 of the Mississippi Code Annotated, as amended, the executive director of ITS is the purchasing and contracting agent for the State of Mississippi in the negotiation and execution of all contracts for the acquisition of information technology equipment, software and services. The parties understand and agree that ITS as contracting agent is not responsible or liable for the performance or non-performance of any of Customer’s or Contractor’s contractual obligations, financial or otherwise, contained within this Agreement. The parties further acknowledge that ITS is not responsible for ensuring compliance with any guidelines, conditions, or requirements mandated by Customer’s funding source.

ARTICLE 36 TRANSPARENCYIn accordance with the Mississippi Accountability and Transparency Act of 2008, §27-104-151, et seq., of the Mississippi Code of 1972, as Amended, the American Accountability and Transparency Act of 2009 (P.L. 111-5), where applicable, and §31-7-13 of the Mississippi Code of 1972, as amended, where applicable, a fully executed copy of this Agreement and any subsequent amendments and change orders shall be posted to the State of Mississippi’s accountability website at: https://www.transparency.mississippi.gov. Prior to ITS posting the Agreement and any subsequent amendments and change orders to the website, any attached exhibits which contain trade secrets or other proprietary information and are labeled as “confidential” will be redacted by ITS. Notwithstanding the preceding, however, it is understood and agreed that pursuant to §25-61-9(7) of the Mississippi Code of 1972, as amended, the contract provisions specifying the commodities purchased or the services provided; the price to be paid; and the term of this Agreement shall not be deemed a trade secret or confidential commercial or financial information and shall thus not be redacted.

ARTICLE 37 PERSONNEL ASSIGNMENT GUARANTEEContractor guarantees that the personnel assigned to this project will remain a part of the project throughout the duration of the Agreement as long as the personnel are employed by the Contractor and are not replaced by Contractor pursuant to the third paragraph of the Article herein titled “Employment Status”. Contractor further agrees that the assigned personnel will function in the capacity for which their services were acquired throughout the life of the Agreement, and any failure by Contractor to so provide these persons shall entitle the State to terminate this Agreement for cause. Contractor agrees to pay the Customer fifty percent (50%) of the total contract amount if any of the assigned personnel is removed from the project prior to the ending date of the contract for reasons other than departure from Contractor’s employment or replacement by Contractor pursuant to the third paragraph of the Article herein titled “Employment Status”. Subject to the State’s written approval, the Contractor may substitute qualified persons in the event of the separation of the incumbents therein from employment with

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Contractor or for other compelling reasons that are acceptable to the State, and in such event, will be expected to assign additional staff to provide technical support to Customer within thirty calendar days or within such other mutually agreed upon period of time, or the Customer may, in its sole discretion, terminate this Agreement immediately without the necessity of providing thirty (30) days notice. The replacement personnel shall have equal or greater ability, experience and qualifications than the departing personnel, and shall be subject to the prior written approval of the Customer. The Contractor shall not permanently divert any staff member from meeting work schedules developed and approved under this Agreement unless approved in writing by the Customer. In the event of Contractor personnel loss or redirection, the services performed by the Contractor shall be uninterrupted and the Contractor shall report in required status reports its efforts and progress in finding replacements and the effect of the absence of those personnel.

ARTICLE 38 PERFORMANCE BONDAs a condition precedent to the formation of this Agreement, the Contractor must provide a performance bond as herein described. To secure the Contractor’s performance, the Contractor shall procure, submit to the State with this executed Agreement, and maintain in effect at all times during the course of this Agreement, a performance bond in the total amount of this Agreement. The bond shall be accompanied by a duly authenticated or certified document evidencing that the person executing the bond is a licensed Mississippi agent for the bonding company. This certified document shall identify the name and address of the person or entity holding the performance bond, and shall identify a contact person to be notified in the event the State is required to take action against the bond. The term of the performance bond shall be concurrent with the term of this Agreement, with the exception of post-warranty maintenance and support, and shall not be released to Contractor until final acceptance of all products and deliverables required herein or until the warranty period, if any, has expired, whichever occurs last. If applicable, and at the State’s sole discretion, the State may, at any time during the warranty period, review Seller’s performance and performance of the products/services delivered and determine that the Seller’s performance bond may be reduced or released prior to expiration of the full warranty period. The performance bond shall be procured at Contractor’s expense and be payable to the Customer. The cost of the bond may be invoiced to the Customer after project initiation only if itemized in the Contractor’s cost proposal and in the attached Exhibit A. Prior to approval of the performance bond, the State reserves the right to review the bond and require Contractor to substitute an acceptable bond in such form as the State may reasonably require. The premiums on such bond shall be paid by Contractor. The bond must specifically refer to this Agreement and shall bind the surety to all of the terms and conditions of this Agreement. If the Agreement is terminated due to Contractor’s failure to comply with the terms thereof, Customer may claim against the performance bond.

ARTICLE 39 RETAINAGETo secure the Contractor’s performance under this Agreement, the Contractor agrees the Customer shall hold back as retainage fifteen percent (15%) of each amount payable under this Agreement. The retainage amount will continue to be held until final acceptance of the deliverables by the Customer.

ARTICLE 40 CHANGE ORDER RATE AND PROCEDURE 40.1 It is understood that the State may, at any time by a written order, make changes in the scope of the project. No changes in scope are to be conducted or performed by the Contractor except by the express written approval of the State. The Contractor shall be obligated to

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perform all changes requested by the Customer, which have no price or schedule effect.

40.2 The Contractor shall have no obligation to proceed with any change that has a price or schedule effect until the parties have mutually agreed in writing thereto. Neither the State nor the Contractor shall be obligated to execute such a change order; and if no such change order is executed, the Contractor shall not be obliged or authorized to perform services beyond the scope of this Agreement and the contract documents. All executed change orders shall be incorporated into previously defined deliverables.

40.3 With respect to any change orders issued in accordance with this Article, the Contractor shall be compensated for work performed under a change order according to the hourly change order rate specified in the attached Exhibit A . If there is a service that is not defined in the change order rate, the Contractor and the State will negotiate the rate. The Contractor agrees that this change order rate shall be a “fully loaded” rate, that is, it includes the cost of all materials, travel expenses, per diem, and all other expenses and incidentals incurred by the Contractor in the performance of the change order. The Contractor shall invoice the Customer upon acceptance by the Customer of all work documented in the change order, and the Customer shall pay invoice amounts on the terms set forth in this Agreement. The Contractor acknowledges and agrees that the fully-loaded change order hourly rates in Exhibit A must remain valid for the duration of the Agreement, with annual increases not to exceed the lesser of a five percent increase or an increase in the consumer price index, all Urban Consumer U.S. City Average (C.P.I.-U).

40.4 Upon agreement of the parties to enter into a change order, the parties will execute such a change order setting forth in reasonable detail the work to be performed thereunder, the revisions necessary to the specifications or performance schedules of any affected project work plan, and the estimated number of professional services hours that will be necessary to implement the work contemplated therein. The price of the work to be performed under any change order will be determined based upon the change order rate; however, the change order will be issued for a total fixed dollar amount and may not be exceeded regardless of the number of hours actually expended by the Contractor to complete the work required by that change order. The project work plan will be revised as necessary.

40.5 The Contractor will include in the progress reports delivered under this Agreement, the status of work performed under all then current change orders.

40.6 In the event the Contractor and the State enter into a change order which increases or decreases the time required for the performance of any part of the work under this Agreement, the Contractor shall submit to the Customer a revised version of the project work plan, clearly indicating all changes, at least five (5) working days prior to implementing any such changes.

40.7 The Customer shall promptly review all revised project work plans submitted under this Agreement, and shall notify the Contractor of its approval or disapproval, in whole or in part, of the proposed revisions, stating with particularity all grounds for any disapproval, within five (5) working days of receiving the revisions from the Contractor. If the Customer fails to respond in such time period or any extension thereof, the Customer shall be deemed to have approved the revised project work plan.

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For the faithful performance of the terms of this Agreement, the parties hereto have caused this Agreement to be executed by their undersigned authorized representatives.

State of Mississippi, Department ofInformation Technology Services, on behalf of Mississippi Division of Medicaid

INSERT VENDOR NAME

By:_______________________________ By:_______________________________Authorized Signature Authorized Signature

Printed Name: Craig P. Orgeron, Ph.D. Printed Name:______________________

Title: Executive Director Title:_____________________________

Date: ______________________________ Date:_____________________________

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EXHIBIT ASchedule of Payment Deliverables

Deliverable Description Deliverable Amount

15% Retainage

Amount Paid

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RFP No.: 3835Exhibit B: DOM Business Associate Agreement


EXHIBIT B DOM BUSINESS ASSOCIATE AGREEMENT

THE DIVISION OF MEDICAIDOFFICE OF THE GOVERNOR

STATE OF MISSISSIPPI

BUSINESS ASSOCIATE AGREEMENT

THIS BUSINESS ASSOCIATE AGREEMENT (“Agreement”) is entered into by and between the DIVISION OF MEDICAID IN THE OFFICE OF THE GOVERNOR, an administrative agency of the STATE OF MISSISSIPPI (hereinafter “DOM”), and (hereinafter “Business Associate”), hereinafter collectively referred to as the Parties, and modifies any other prior existing agreement or contract for this purpose. In consideration of the mutual promises below and the exchange of information pursuant to this Agreement and in order to comply with all legal requirements for the protection of this information, the Parties therefore agree as follows:

I. RECITALS

a. DOM is a state agency that acts both as an employer and as a Health Plan for public benefit with a principal place of business at 550 High Street, Suite 1000, Jackson, MS 39201.

b. Business Associate is a corporation qualified to do business in Mississippi that will act to perform consulting services for DOM with a principal place of business at .

c. Pursuant to the Health Insurance Portability and Accountability Act (“HIPAA”) of 1996 (as amended by the Genetic Information Nondiscrimination Act (“GINA”) of 2008 and the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”), Title XIII of Division A, and Title IV of Division B of the American Recovery and Reinvestment Act (“ARRA”) of 2009) and its implementing regulations, including 45 C.F.R. Parts 160 and 164, Subparts A and E (“Privacy Rule”), and Subparts A and C (“Security Rule”):i. DOM, as a Covered Entity is required to enter into this Agreement to obtain satisfactory

assurances that Business Associate will comply with and appropriately safeguard all Protected Health Information (“PHI”) used, disclosed, created, or received by Business Associate for or on behalf of DOM, and

ii. Certain provisions of HIPAA and its implementing regulations apply to Business Associate in the same manner as they apply to DOM and such provisions must be incorporated into this Agreement.

d. DOM desires to engage Business Associate to perform certain functions for, or on behalf of, DOM involving the Disclosure of PHI by DOM to Business Associate, or the creation or use of PHI by Business Associate for or on behalf of DOM, and Business Associate desires to perform such functions, as set forth in the Service Agreements which involve the exchange of information, and wholly incorporated herein.

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II. DEFINITIONS

a. “Breach” shall mean the acquisition, access, use or disclosure of PHI in a manner not permitted by the Privacy Rule which compromises the security or privacy of the PHI, and subject to the exceptions set forth in 45 C.F.R. § 164.402.

b. “Business Associate” shall mean , including all workforce members, representatives, agents, successors, heirs, and permitted assigns.

c. “Confidential Information” is construed broadly to mean all DOM information and data of any kind, including, but not limited to:

i. All data that is collected, stored, processed, or generated by or on behalf of DOM;ii. Any information from which an individual may be uniquely identified, including,

without limitation, an individual’s name, address, telephone number, social security number, birth date, account numbers, and healthcare information;

iii. Protected Health Information (PHI) as defined by 45 C.F.R. § 160.103;iv. Personally Identifiable Information (PII) which is defined by the United States

Government Accountability Office (GAO) as, “any information about an individual maintained by an agency, including, any information that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records; and, any other information that is linked or linkable to an individual, such as a medical, education, financial, and employment information”;

v. All data provided to DOM by the Social Security Administration (SSA);vi. All data and information provided to DOM by a Contractor, including data and

information the Contractor originally received from a subcontractor;vii. Any reference to the identity, physical location, and financial information of a DOM

employee and any other personal information protected by federal and Mississippi law;

viii.Any reference to the identity, physical location, financial information, and medical services of a DOM provider and any other DOM provider information protected by federal and Mississippi law;

ix. All non-public DOM information, including financial statements, projections, business plans, trade secrets, data, business records, emails, letters, telephone calls, memoranda, customer lists, supplier agreements, partnership or joint venture agreements, service agreements and contracts, sales and marketing plans, employee lists, policies and procedures, information relating to processes, techniques, technologies, software programs, source codes, schematics, designs, server and network configurations; and,

x. Any or all other sensitive, confidential, or proprietary information that has been classified, marked, or announced as sensitive, confidential, or proprietary, or which, because of the circumstances of disclosure or the nature of the information itself, would be reasonably understood to be sensitive, confidential, or proprietary.

d. “Covered Entity” shall mean the Division of Medicaid in the Office of the Governor, an administrative agency of the State of Mississippi.

e. “Data Aggregation” shall have the same meaning as the term “Data aggregation” in 45 C.F.R. § 164.501.

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f. “Designated Record Set” shall have the same meaning as the term “Designated record set” in 45 C.F.R. § 164.501.

g. “Disclosure” shall have the same meaning as the term “Disclosure” in 45 C.F.R. § 160.103.h. “DOM” shall mean the Division of Medicaid in the Office of the Governor, an administrative

agency of the State of Mississippi.i. “Health Plan” shall have the same meaning as the term “Health plan” in 45 C.F.R. §

160.103.j. “Individual” shall have the same meaning as the term “Individual” in 45 C.F.R. § 160.103

and shall include a person who qualifies as a personal representative in accordance with 45 C.F.R. § 164.502(g).

k. “Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 C.F.R. Parts 160 and 164, Subparts A and E.

l. “Protected Health Information” shall have the same meaning as the term “Protected health information” in 45 C.F.R. § 160.103, limited to the information created or received by Business Associate from or for or on behalf of DOM.

m. “Required by Law” shall have the same meaning as the term “Required by law” in 45 C.F.R. § 164.103.

n. “Secretary” shall mean the Secretary of the Department of Health and Human Services or his/her designee.

o. “Security Incident” shall have the same meaning as the term “Security incident” in 45 C.F.R. § 164.304.

p. “Security Rule” shall mean the Security Standards for the Protection of Electronic Protected Health Information at 45 C.F.R. Parts 160 and 164, Subparts A and C.

q. “Service Agreements” shall mean any applicable Memorandum of Understanding (“MOU”), agreement, contract, or any other similar device, and any proposal or Request for Proposal (“RFP”) related thereto and agreed upon between the Parties, entered into between DOM and Business Associate.

r. “Standard” shall have the same meaning as the term “Standard” in 45 C.F.R. § 160.103.s. “Unsecured Protected Health Information” shall have the same meaning as the term

“Unsecured protected health information” in 45 C.F.R. § 164.402.t. “Use” shall have the same meaning as the term “use” in 45 C.F.R. § 160.103.u. “Violation” or “Violate” shall have the same meaning as the terms “Violation” or “violate” in

45 C.F.R. § 160.103.

All other terms not defined herein shall have the meanings assigned in HIPAA and its implementing regulations.

III. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE

a. Business Associate agrees to not use or disclose PHI or other Confidential Information other than as permitted or required by this Agreement or as Required by Law.

b. Business Associate agrees to use appropriate safeguards and comply, where applicable, with the Security Rule, to prevent use or disclosure of PHI other than as provided for by this Agreement.

c. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI or other Confidential Information by Business Associate in Violation of the requirements of this Agreement.

d. Business Associate agrees to notify DOM without unreasonable delay, and no later than seventy-two (72) hours after discovery of any actual or suspected Breach of Unsecured PHI,

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all in accordance with 45 C.F.R. § 164.410. The notification shall include, to the extent possible and subsequently as the information becomes available, the identification of all Individuals whose Unsecured PHI is reasonably believed by Business Associate to have been Breached along with any other available information that is required to be included in the notification to the Individual, HHS, and/or the media, all in accordance with the data Breach notification requirements set forth in 42 U.S.C. § 17932 and 45 C.F.R. Parts 160 and 164, Subparts A, D, and E.

e. Once an actual or suspected Breach is reported to DOM, Business Associate agrees to provide a written assessment to determine whether the incident is reportable within ten (10) working days. An impermissible use or disclosure of protected health information is presumed to be a Breach unless the Covered Entity or Business Associate, as applicable, demonstrates there is a low probability the PHI has been compromised or one of the exceptions to the definition of Breach applies, all in accordance with 45 C.F.R. §164.410.

f. Business Associate agrees to notify DOM without unreasonable delay, and no later than seventy-two (72) hours after discovery, any use or disclosure of PHI not provided for by this Agreement of which it becomes aware, and any Security Incident of which it becomes aware.

g. Business Associate agrees to ensure that any subcontractors that create, receive, maintain, or transmit PHI or Confidential Information on behalf of the Business Associate agree to the same restrictions and conditions that apply to the Business Associate with respect to such information, in accordance with 45 C.F.R. §§ 164.308 and 164.502.

h. Business Associate agrees to ensure that any subcontractors that create, receive, maintain, or transmit electronic PHI on behalf of Business Associate agree to comply with the applicable requirements of the Security Rule and Privacy Rule by entering into a Business Associate Agreement, in accordance with 45 C.F.R. §§ 164.308, 164.314, 164.502, and 164.504, and Business Associate shall provide DOM with a copy of all such executed agreements between Business Associate and Business Associate’s subcontractors. Business Associate understands that submission of their subcontractors’ Business Associate Agreement(s) to DOM does not constitute DOM approval of any kind, including of the use of such subcontractors or of the adequacy of such agreements.

i. Business Associate agrees to provide access, at the request of DOM, and in the time and manner designated by DOM, to PHI in a Designated Record Set, to DOM or, as directed by DOM, to an Individual in order to meet the requirements under 45 CFR § 164.524.

j. Business Associate agrees to make any amendment(s) to PHI in a Designated Record Set that DOM directs or agrees to pursuant to 45 CFR § 164.526 at the request of DOM or an Individual, and in the time and manner designated by DOM.

k. Business Associate agrees to document such Disclosures of PHI and information related to such Disclosures as would be required for DOM to respond to a request by an Individual for an accounting of Disclosures of PHI in accordance with 45 CFR § 164.528. Business Associate agrees to retain such documentation for at least six (6) years after the date of disclosure; the provisions of this section shall survive termination of this Agreement for any reason.

l. Business Associate agrees to provide to DOM or an Individual, in a time and manner designated by DOM, information collected in accordance with section (III)(j) of this Agreement, to permit DOM to respond to a request by an Individual for an accounting of Disclosures of PHI in accordance with 45 CFR § 164.528.

m. Business Associate agrees that it shall only use or disclose the minimum PHI necessary to perform functions, activities, or services for, or on behalf of, DOM as specified in the Service Agreements. Business Associate agrees to comply with any guidance issued by the

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Secretary on what constitutes “minimum necessary” for purposes of the Privacy Rule, and any minimum necessary policies and procedures communicated to Business Associate by DOM.

n. Business Associate agrees that to the extent that Business Associate carries out DOM’s obligations under the Privacy Rule, Business Associate will comply with the requirements of the Privacy Rule that apply to DOM in the performance of such obligation.

o. Business Associate agrees to make internal practices, books, and records, including policies and procedures and PHI, relating to the use and disclosure of PHI received from, created, or received by Business Associate on behalf of DOM available to the Secretary for purposes of determining DOM's compliance with the Privacy Rule.

p. Business Associate agrees that nothing in this Agreement shall permit Business Associate to access, store, share, maintain, transmit or use or disclose PHI in any form via any medium with any third party, including Business Associate’s subcontractors, beyond the boundaries and jurisdiction of the United States without express written authorization from DOM.

q. Business Associate agrees that all DOM data shall not be co-mingled with other trading partner’s data, and shall be easily identifiable and exportable. DOM Data shall be stored in an individual structure in accordance with the following: Business Associate shall create an instance (single-tenant) of the particular database software utilized by Business Associate, and only DOM data shall reside in that instance of the database. The intent of this section is not to require separate procurement of hardware specific to DOM, however DOM data must not reside in a database that contains other entities’ data.

r. Business Associate agrees that all DOM data will be encrypted using industry standard algorithms Triple DESDESK, AES or SSL/TLS.

s. Business Associate agrees to comply with the State of Mississippi ITS Enterprise Security Policy, which will be provided upon request.

t. The provisions of the HITECH Act that apply to Business Associate and are required to be incorporated by reference in a business associate agreement are hereby incorporated into this Agreement, including, without limitation, 42 U.S.C. §§ 17935(b), (c), (d) and (e), and 17936(a) and (b), and their implementing regulations.

u. Without limitation of the foregoing:i. Pursuant to 42 U.S.C. § 17931(a), the following sections of the Security Rule shall apply

to Business Associate in the same manner as they apply to DOM: 45 C.F.R. §§ 164.308 (Administrative Safeguards); 164.310 (Physical Safeguards); 164.312 (Technical Safeguards); and 164.316 (Policies and procedures and documentation requirements).

ii. 42 U.S.C. §§ 17931(b) and 17934(c), and their implementing regulations, each apply to Business Associate with respect to its status as a business associate to the extent set forth in each such section.

IV. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE

a. General Use and Disclosure Provisions: Subject to the terms of this Agreement, Business Associate may Use or Disclose PHI to perform functions, activities, or services for, or on behalf of, DOM as specified in the Service Agreements, provided that such Use or Disclosure would not violate what is required by Law or the Privacy Rule if done by DOM, except for the specific Uses and Disclosures set forth below, for the purpose of performing the Service Agreements.

b. Specific Use and Disclosure Provisions:

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i. Business Associate may use PHI, if necessary, for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate under the Service Agreements entered into between DOM and Business Associate.

ii. Business Associate may disclose PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that Disclosures are Required by Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required by Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been Breached.

iii. If Business Associate must disclose PHI pursuant to law or legal process, Business Associate shall notify DOM without unreasonable delay and at least five (5) days in advance of any disclosure so that DOM may take appropriate steps to address the disclosure, if needed.

iv. Business Associate may use PHI to provide Data Aggregation services exclusively to DOM as permitted by 42 C.F.R. § 164.504(e)(2)(i)(B).

V. OBLIGATIONS OF DOM

a. DOM shall provide Business Associate with the Notice of Privacy Practices that DOM produces in accordance with 45 C.F.R. § 164.520, attached hereto as Attachment “A” and wholly incorporated herein, as well as any changes to such Notice of Privacy Practices.

b. DOM shall notify Business Associate of any limitation(s) in its Notice of Privacy Practices to the extent that such limitation may affect Business Associate's use or disclosure of PHI.

c. DOM shall notify Business Associate of any changes in, or revocation of, permission by an Individual to use or disclose PHI, to the extent that such changes may affect Business Associate's use or disclosure of PHI.

d. DOM shall notify Business Associate of any restriction to the use or disclosure of PHI that DOM has agreed to in accordance with 45 C.F.R. § 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of PHI.

e. Permissible Requests by DOM: DOM shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by DOM, except as provided for in section (IV)(b) of this Agreement.

VI. TERM AND TERMINATION

a. Term. For all new Service Agreements entered into between DOM and Business Associate, the effective date of this Agreement is the effective date of the Service Agreements entered into between DOM and Business Associate. For any ongoing Service Agreements entered into between DOM and Business Associate, the effective date of this Agreement is the date first herein written. This Agreement shall terminate when all of the PHI provided by DOM to Business Associate, or created or received by Business Associate on behalf of DOM, is destroyed or returned to DOM, or, if it is infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions in this section. Termination of this Agreement shall automatically terminate the Service Agreements.

b. Termination for Cause. Upon DOM's knowledge of a material Breach or Violation by Business Associate, DOM shall, at its discretion, either:

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i. provide an opportunity for Business Associate to cure the Breach or end the Violation and terminate this Agreement and the associated Service Agreements, if Business Associate does not cure the Breach or end the Violation within the time specified by DOM, or

ii. immediately terminate this Agreement and the associated Service Agreements if Business Associate has Breached a material term of this Agreement and cure is not possible.

c. Effect of Termination.

i. Upon termination of this Agreement, for any reason, Business Associate shall return or destroy all PHI received from, or created or received by Business Associate on behalf of, DOM in accordance with State and Federal retention guidelines. This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the PHI.

ii. In the event that Business Associate determines that returning or destroying the PHI is infeasible, Business Associate shall provide to DOM notification of the conditions that make return or destruction infeasible. Upon notification in writing that return or destruction of PHI is infeasible, Business Associate shall extend the protections of this Agreement to such PHI and limit further Uses and Disclosures to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such PHI.

VII. MISCELLANEOUS

a. Statutory and Regulatory References. A reference in this Agreement to a section in HIPAA, its implementing regulations, or other applicable law means the section as in effect or as amended, and for which compliance is required.

b. Amendments/Changes in Law.

i. General. Modifications or amendments to this Agreement may be made upon mutual agreement of the Parties, in writing signed by the Parties hereto and approved as required by law. No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in this Agreement. Such modifications or amendments signed by the Parties shall be attached to and become part of this Agreement.

ii. Amendments as a Result of Changes in the Law. The Parties agree to take such action as is necessary to amend this Agreement as is necessary to effectively comply with any subsequent changes or clarifications of statutes, regulations, or rules related to this Agreement. The Parties further agree to take such action as is necessary to comply with the requirements of HIPAA, its implementing regulations, and other applicable law relating to the security and privacy of PHI.

iii. Procedure for Implementing Amendments as a Result of Changes in Law. In the event that there are subsequent changes or clarifications of statutes, regulations or rules relating to this Agreement, or the Parties’ compliance with the laws referenced in section (VII)(c)(ii) of this Agreement necessitates an amendment, the requesting party shall notify the other party of any actions it reasonably deems are necessary to comply with such changes or to ensure compliance, and the Parties promptly shall take such actions.

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In the event that there shall be a change in the federal or state laws, rules or regulations, or any interpretation of any such law, rule, regulation, or general instructions which may render any of the material terms of this Agreement unlawful or unenforceable, or materially affects the financial arrangement contained in this Agreement, the Parties may, by providing advanced written notice, propose an amendment to this Agreement addressing such issues.

c. Survival. The respective rights and obligations of Business Associate provided for in sections (III)(j) and (VI)(c) of this Agreement shall survive the termination of this Agreement.

d. Interpretation. Any ambiguity in this Agreement shall be resolved to permit DOM to comply with HIPAA, its implementing regulations, and other applicable law relating to the security and privacy of PHI.

e. Indemnification. To the fullest extent allowed by law, Business Associate shall indemnify, defend, save and hold harmless, protect, and exonerate DOM, its employees, agents, and representatives, and the State of Mississippi from and against all claims, demands, liabilities, suits, actions, damages, losses, and costs of every kind and nature whatsoever including, without limitation, court costs, investigative fees and expenses, and attorney’s fees, arising out of or caused by Business Associate and/or its partners, principals, agents, and employees in the performance of or failure to perform this Agreement. In DOM’s sole discretion, Business Associate may be allowed to control the defense of any such claim, suit, etc. In the event Business Associate defends said claim, suit, etc., Business Associate shall use legal counsel acceptable to DOM. Business Associate shall be solely responsible for all costs and/or expenses associated with such defense, and DOM shall be entitled to participate in said defense. Business Associate shall not settle any claim, suit, etc. without DOM’s concurrence, which DOM shall not unreasonably withhold.

DOM’s liability, as an entity of the State of Mississippi, is determined and controlled in accordance with Mississippi Code Annotated § 11-46-1 et seq., including all defenses and exceptions contained therein. Nothing in this Agreement shall have the effect of changing or altering the liability or of eliminating any defense available to the State under statute.

f. Disclaimer. DOM makes no warranty or representation that compliance by Business Associate with this Agreement, HIPAA, its implementing regulations, or other applicable law will be adequate or satisfactory for Business Associate’s own purposes or that any information in Business Associate’s possession or control, or transmitted or received by Business Associate, is or will be secure from unauthorized Use or Disclosure. Business Associate is solely responsible for all decisions made by Business Associate regarding the safeguarding of PHI.

g. Notices. Any notice from one party to the other under this Agreement shall be in writing and may be either personally delivered, emailed, or sent by registered or certified mail in the United States Postal Service, Return Receipt Requested, postage prepaid, addressed to each party at the addresses which follow or to such other addresses provided for in this Agreement or as the Parties may hereinafter designate in writing:

DOM: Privacy OfficerOffice of the Governor

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Division of Medicaid550 High Street, Suite 1000Jackson, MS 39201

Business Associate: (Business Associate’s designated Contact for notification and mailing address- Typed or Printed)

Any such notice shall be deemed to have been given as of the date transmitted.

h. Severability. It is understood and agreed by the Parties hereto that if any part, term, or provision of this Agreement is by the courts or other judicial body held to be illegal or in conflict with any law of the State of Mississippi or any federal law, the validity of the remaining portions or provisions shall not be affected and the obligations of the parties shall be construed in full force as if the Agreement did not contain that particular part, term, or provision held to be invalid.

i. Applicable Law. This Agreement shall be construed broadly to implement and comply with the requirements relating to HIPAA and its implementing regulations. All other aspects of this Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi, excluding its conflicts of laws provisions, and any litigation with respect thereto shall be brought in the courts of the State. Business Associate shall comply with applicable federal, state, and local laws, regulations, policies, and procedures as now existing and as may be amended or modified. Where provisions of this Agreement differ from those mandated by such laws and regulations, but are nonetheless permitted by such laws and regulations, the provisions of this Agreement shall control.

j. Non-Assignment and Subcontracting. Business Associate shall not assign, subcontract, or otherwise transfer this Agreement, in whole or in part, without the prior written consent of DOM. Any attempted assignment or transfer of its obligations without such consent shall be null and void. No such approval by DOM of any subcontract shall be deemed in any way to provide for the incurrence of any obligation of DOM in addition to the total compensation agreed upon in this Agreement. Subcontracts shall be subject to the terms and conditions of this Agreement and to any conditions of approval that DOM may deem necessary. Subject to the foregoing, this Agreement shall be binding upon the respective successors and assigns of the parties. DOM may assign its rights and obligations under this Agreement to any successor or affiliated entity.

k. Entire Agreement. This Agreement contains the entire agreement between the Parties and supersedes all prior discussions, instructions, directions, understandings, negotiations, agreements, and services for like services.

l. No Third Party Beneficiaries. Nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the Parties and their respective successors, heirs, or permitted assigns, any rights, remedies, obligations, or liabilities whatsoever.

m. Assistance in Litigation or Administrative Proceedings. Business Associate shall make itself and any workforce members, contractors, subcontractors, representatives, agents, affiliates, or subsidiaries assisting Business Associate in the fulfillment of its obligations under this Agreement, available to DOM, at no cost to DOM, to testify as witnesses, or otherwise, in

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the event of litigation or administrative proceedings being commenced against DOM, its directors, officers, or any other workforce member based upon claimed Violation of HIPAA, its implementing regulations, or other applicable law, except where Business Associate or its workforce members, contractors, subcontractors, representatives, agents, affiliates, or subsidiaries are a named adverse party.

IN WITNESS WHEREOF, the Parties hereto have duly executed this Business Associate Agreement to be effective on the date provided for in section (VI)(a) of this Agreement.

For Business Associate:

By:

(Name of Business Associate Representative – Typed or Printed)

(Title/Component)

_________________________________________________________________________(Signature) (Date)

For DOM:

By:

David J. Dzielak, Ph.D.

Executive Director

__________________________________________________________________________

(Signature) (Date)

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RFP No.: 3835Exhibit C: MES DDI Major Milestone Schedule


EXHIBIT CMES DDI MAJOR MILESTONE SCHEDULE

MES DDI Major Milestone Schedule

Phase

Major Mileston

e # Description

Milestone Completion Month

Project Initiation

MS1Initial Project Work Plan and schedule approved Month 3

MS2

Project Initiation Phase Complete (Organization staffing plan, project management) Month 5

MS3CMS Architectural Review Gate Review Complete Month 7

Requirements MS4Requirements Specifications Documentation Complete Month 11

MS5Requirements Analysis and Validation Complete Month 13

Design Phase MS6 Detailed System Design Plan Complete Month 15 MS7 Design Phase Complete Month 18

Construction Phase

MS8Claims Application Components Production Complete Month 23

MS9 Construction and Unit Testing Complete Month 26

System Testing Phase

MS10 System Testing Results - Client Approval Month 31MS11 Integration Test Complete Month 39MS12 Parallel Testing Complete Month 38

MS 13Volume/Performance/Stress Testing Complete Month 43

UAT Phase MS 14 User Acceptance Test Complete Month 48

ImplementationMS 15 ORT Checklist Complete Month 46MS 16 Operational Readiness Review Complete Month 48MS 17 Implementation Phase Month 48

Certification MS 18 Certification Phase Month 59

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RFP No.: 3835Appendix A: Test Management Scope of Work


APPENDIX ATEST MANAGEMENT SCOPE OF WORK

1. SCOPE

1.1 DOM may elect to award test management services within this procurement. DOM seeks an entity that has proven test management Medicaid expertise and experience in previous MES implementations.

1.1.1 Dates for deliverables will be negotiated with the Vendor should the State elect to pursue these services.

1.2 The purpose of this Scope of Work is to provide a Vendor with enough information to provide Test Management Rates for the roles and responsibilities that are required for Test Management Services.

1.3 The Vendor should address each item in Appendix A with a detailed response.

1.4 Vendor should define objectives and goals for this project including but not limited to:

1.4.1 Lead planning, execution, and reporting of system, integration and user testing, involving both internal and outsourced development.

1.4.2 Coordinate State-controlled resources and schedule for testing

1.4.3 Interact with the MES Vendor to assist and oversee its testing effort and to ensure success of the State’s testing effort

1.4.4 Interact with DOM and non-DOM business areas and individuals, as necessary, to enhance the testing program

1.4.5 Focus testing efforts in a value-added fashion that achieves the best return on investment and overlaps the MES Vendor efforts only where prudent and necessary

1.4.6 Perform and provide technical leadership of volume stress and performance-related test activities to include planning, execution, and reporting.

1.4.7 Participate in MES projects’ risk management programs to ensure that testing is used as an appropriate identification and management tool

1.4.8 Participate in verification of non-system elements of the overall solution, such as manual processes, as directed by the State from time to time

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1.4.9 Avoid conflicts of interest with all MES Vendors and subcontractors

1.5 The Vendor should submit their methodology, tools, and techniques for communicating and accomplishing test management.

1.6 The Vendor should submit a Test Management Plan that outlines their expertise in test management processes. The Vendor will be required to develop, maintain, and manage the Test Management Plan that includes:

1.6.1 Test Management

1.6.2 Test Planning

1.6.3 Test Execution

1.6.4 Test Reporting

1.6.5 Security Testing

1.7 The Vendor should submit a weekly report that should include, at a minimum:

1.7.1 Significant activities accomplished in the previous week

1.7.2 Significant activities planned for the upcoming week

1.7.3 Principal staff assignments to each project, including staff assigned to multiple projects

1.7.4 Staffing/recruiting issues needing attention

1.8 Expected Test Management Services/Deliverables

1.8.1 Each Test Management deliverable will be reviewed by DOM and shall require formal written approval from DOM before acceptance of the deliverable. The Vendor must allow for a minimum ten (10) business days following receipt, per deliverable, for DOM to review each deliverable and document its findings, except as otherwise specified by DOM. Based on the review findings, DOM may accept the deliverable, reject portions of the deliverable, reject the complete deliverable or require that revisions be made. The Vendor must make all modifications directed by DOM.

1.8.2 The Vendor must employ an internal quality control process to ensure that all deliverables, documents and calculations are complete, accurate, easy to understand and of high quality. The Vendor must provide deliverables that, at a minimum, are responsive to the specific requirements, organized into a logical order, contain no spelling or grammatical errors, formatted

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uniformly and contain accurate information and correct calculations. The Vendor must document, in writing, and deliver to DOM, its responses to DOM’s comments and requests for revisions or clarification of deliverable contents.

1.8.3 At DOM’s request, the Vendor must be required to conduct a walk-through of selected deliverables to facilitate DOM’s review and approval process. The walk-through shall consist of an overview of the deliverable, explanation of the organization of the deliverable, presentation of critical issues related to the deliverable and other information as requested by DOM. It is anticipated that the content of the walk-through may vary with the deliverable presented.

1.8.4 In the event that any due date for a deliverable falls on a day that is not a business day, then the due date shall be automatically extended to the next business day, unless otherwise directed by DOM.

1.9 Additional Test Management Vendor Responsibilities

1.9.1 While DOM has defined a minimum set of services in this Scope of Work, the Test Management Vendor may recommend additional services in their Statement of Work. DOM will work with the awarded Vendor to accept or reject any additional proposed services. Additional services proposed by the Test Management Vendor or DOM after the award of the contract will be managed via the State’s change request and contract amendment process.

1.9.2 The Vendor will be required to provide a monthly staffing report.

2. VENDOR REQUIREMENTS FOR STAFFING

2.1 The Vendor should submit a staffing plan to DOM for review and approval, should the State elect to pursue services for test management. The staffing plan shall include how the Vendor plans to address staffing requirements, project roles and responsibilities and how changes in staff will be handled through all phases of the project. The staffing plan must show each individual’s responsibilities on the projects.

2.1.1 Resources should have proven experience in large-scale government system Test management.

2.1.2 A contingency plan that shows the ability to add more staff if needed to ensure meeting the Project’s due dates; and

2.1.3 The Vendor should submit a narrative that identifies and discusses staff redundancy, staff replacement, backup personnel and ability of the proposed staff to perform their assigned tasks.

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2.2 The Vendor should submit a team organization chart to DOM for review and approval, should the State elect to pursue services for Test Management. The team organization chart should clearly define reporting relationships within the MES project team delivering the services. The Vendor will be required to provide a descriptive narrative indicating the role and responsibility of the each resource or entity identified. All positions identified on the team organization chart that is not fulfilled by project Key Personnel must include a representative profile that includes qualifications, experience and education. The plan must have the following information:

2.2.1 A statement and chart that clearly indicates the time commitment of the proposed project personnel. The Vendor will be required to include a statement indicating to what extent, if any, the key project personnel may work on other projects during the term of the Contract. DOM may reject any proposal that commits the proposed key project personnel to other projects during the term of the Contract if DOM believes that such commitment may be detrimental to the Vendor’s performance.

2.3 The Vendor must propose a staff team with the most appropriate experience and expertise to address the requirements associated with Exhibit C, MES DDI Major Milestone Schedule. The proposed individuals should possess the requisite skills for the roles they are filling, including but not limited to:

2.3.1 Test Process Management;

2.3.2 Test Project Management;

2.3.3 Test Process Measurement and Improvement;

2.3.4 Test Organization Management;

2.3.5 Risk Management;

2.3.6 Test Automation Strategies and Architectures;

2.3.7 Software Quality Assurance; and

2.3.8 The team should be comprised of individuals with the following experience:

2.3.8.1 IT Development/operations;

2.3.8.2 IT Software testing;

2.3.8.3 Test Automation;

2.3.8.4 IT performance/load testing;

2.3.8.5 IT security testing;

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2.3.8.6 Database and conversion;

2.3.8.7 Integration;

2.3.8.8 Knowledge of CMS’ MITA;

2.3.8.9 Knowledge of CMS certification process; and

2.3.8.10 Familiar with CMS XLC and SDLC processes/methodologies.

2.4 Key Personnel

2.4.1 DOM has identified the following test management roles for the services required for the MES implementation. The Vendor will be required to propose the appropriate number of staff in order to meet the requirements identified in this Scope of Work. However, if the Vendor deems a position necessary, beyond what is listed, the Vendor must identify these positions and provide a complete description of how these positions support the test management services. Vendor must propose a Test Management Team. The team is defined as: A group of individuals who work together facilitating test management activities to design, analyze, develop, and enable the organization to own and effectively drive adoption, usage, and proficiency. Team members ensure activities are completed, feedback is gathered, and communications are delivered in various formats.

2.4.1.1 Testing Project Manager: Will establish end to end testing methodology through processes and procedures, guidelines, templates and checklists. Will develop a test plan and a test strategy. Will bring best practices and standards to ensure quality of the software. Will perform checks and validation reviews for compliance in testing

2.4.1.2 Testing Leads: Will allocate resources to projects. Will provide continuous monitoring and mentoring of testing team members. Will review test plans and test cases.

2.4.1.3 Tester: Will review alignment of the requirement traceability matrix and assist with developing test scenarios. Will develop and execute test cases and document results

2.4.1.4 Automation Engineer: Will identify test cases for automation. Will develop automation test scripts, test suites and execute test scripts. Will build processes, standards and guidelines for automation.

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2.4.1.5 Security Test Specialist: Will perform and provide technical leadership of security-related test activities to include planning, execution, and reporting. Note that Security Test Specialists normally will not be permanent members of the project team for most projects. Their activities will typically be focused on specific periods of the project.

2.4.2 The Vendor and/or their subcontractor should have Key Personnel employed before Test Management services begin, and resources must be solely dedicated to the MES implementation.

2.4.3 The Vendor should identify all Key Personnel, and their roles and responsibilities for all phases of the project. The Vendor will be required to submit résumés and also provide a short narrative, as described in Item 2.2, of relevant experience for all proposed key staff identified in the proposal. If the proposed individual is not an employee, a letter of commitment to join the project upon award.

2.4.3.1 Experience narratives must be attached to the résumés describing specific experience with the type of service to be provided within this RFP. The Vendor will be required to describe specific experience with Medicaid projects and include any professional credentials, licenses and recent and relevant continuing education.

2.4.4 During the first 180 calendar days of the contract period, no substitutions of Key Personnel shall be permitted unless such substitutions are necessitated by an individuals’ sudden illness, death or resignation or otherwise approved or requested by DOM.

2.4.4.1 In any of these events, or time periods, the Vendor must immediately notify DOM and provide the information required below

2.4.4.2 All proposed substitutions of Key Personnel must be made in writing.

2.4.4.3 The request to substitute Key Personnel must be made at least 20 business days in advance of the substitution.

2.4.4.4 The request must be submitted to the DOM Project Management team.

2.4.4.5 DOM Project Management team must agree to the substitution before substitution shall become effective.

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2.4.4.6 DOM will have the right to interview any and all proposed Key Personnel substitutions.

2.5 The Vendor providing change order rates for the Test Management roles, and/or subcontractor must have previous experience with MMIS, Eligibility, PBM, or DW/DSS implementations as the Test Management Vendor. Vendors are expected to propose sufficient staff with the requisite skills to meet all requirements in this Scope of Work.

2.6 The Vendor providing change order rates for the Test Management roles, and/or subcontractor should be familiar with industry best practices and standards.

2.6.1 Vendor and/or subcontractor should indicate any individuals who are certified test management professionals that will be assigned to this project.

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RFP No.: 3835Appendix B: Change Management Scope of Work


APPENDIX BCHANGE MANAGEMENT SCOPE OF WORK

1. SCOPE

1.1 DOM may elect to award change management services within this procurement. DOM seeks an entity that has proven change management Medicaid expertise and experience in previous MES implementations.

1.1.1 Dates for deliverables will be negotiated with the Vendor should the State elect to pursue these services.

1.2 The purpose of this Scope of Work is to provide a Vendor with enough information to provide Change Order Rates for the roles and responsibilities that are required for Organizational Change Management (OCM).

1.3 The Vendor should address each item in Appendix B with a detailed response.

1.4 OCM includes all processes that focus on understanding the level of change that the MES will bring to DOM, its staff and its stakeholders. These processes establish an orderly and effective procedure for tracking the submission, coordination, review, evaluation, categorization, and approval for release of all changes during the project. Effective change management results when the perceived negative impacts and risks of the change are minimized and the overall expected benefits are achieved, ideally within the budget and schedule.

1.5 The scope of this engagement will also include Business Process Re-engineering (BPR) and other OCM services requirements to support the implementation of the Medicaid Enterprise Solution (MES).

1.6 Vendor should define objectives and goals for this project including but not limited to:

1.6.1 Provide guidance and foster teamwork within the Executive Leadership Team (Change Leadership Team), State organizations, and other stakeholders so that they can manage and orchestrate the changes needed to accomplish the paradigm shifts;

1.6.2 Provide a smooth transition from the current business environment to a new, more efficient and effective business environment;

1.6.3 Develop a change management environment that promotes and supports DOM’s ability to comply with Federal and State policies, standards and regulations;

1.6.4 Plan and manage the change process;

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1.6.5 Participate in MES projects’ risk management programs to ensure that OCM is used as an appropriate identification and management tool ;

1.6.6 Participate in verification of non-system elements of the overall solution, such as manual processes, as directed by the State from time to time; and

1.6.7 Avoid conflicts of interest with all MES Vendors and subcontractors.

1.7 The Vendor should submit their methodology, tools, and techniques for communicating and accomplishing organizational change management.

1.7.1 Approach to Organizational Change Management that will be employed by the Contractor to assist DOM’s workforce and other stakeholders in managing change;

1.7.2 Vendor must discuss how they can assist the State in implementing the organizational change and communicating the change to the impacted business areas and associates.

1.7.3 Vendor must describe specific techniques the Vendor uses to educate executives, build executive alignment, and cascade the change throughout the organization.

1.8 The Vendor should submit an OCM Plan that outlines their expertise in business change management processes and mitigation strategies to reduce impact to stakeholders. The primary objectives of the OCM Plan are to determine the level of organizational support needed to promote the change, proactively develop strategies and action plans to manage the impact, and to develop strategies to manage the resistance to the changes. The Vendor will be required to develop, maintain, and manage the OCM Plan that includes:

1.8.1 Assessing and tracking organizational readiness

1.8.2 Formulating the change management strategy

1.8.3 Developing a change plan to implement the strategy

1.8.4 Executing the change plan

1.8.5 Completing the change management effort

1.9 Expected Change Management Services/Deliverables

1.9.1 Each Change Management deliverable will be reviewed by DOM and shall require formal written approval from DOM before acceptance of the deliverable. The Vendor must allow for a minimum ten (10) business days following receipt, per

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deliverable, for DOM to review each deliverable and document its findings, except as specified by DOM. Based on the review findings, DOM may accept the deliverable, reject portions of the deliverable, reject the complete deliverable or require that revisions be made. The Vendor must make all modifications directed by DOM. An additional eight (8) business days review period may be required when revisions are requested or a deliverable is rejected.

1.9.2 The Vendor must employ an internal quality control process to ensure that all deliverables, documents and calculations are complete, accurate, easy to understand and of high quality. The Vendor must provide deliverables that, at a minimum, are responsive to the specific requirements, organized into a logical order, contain no spelling or grammatical errors, formatted uniformly and contain accurate information and correct calculations. The Vendor must retain all draft and marked-up documents and checklists utilized in reviewing documents for reference through the duration of the project and project acceptance. The Vendor must document, in writing, and deliver to DOM, its responses to DOM’s comments and requests for revisions or clarification of deliverable contents.

1.9.3 At DOM’s request, the Vendor must be required to conduct a walk-through of selected deliverables to facilitate DOM’s review and approval process. The walk-through shall consist of an overview of the deliverable, explanation of the organization of the deliverable, presentation of critical issues related to the deliverable and other information as requested by DOM. It is anticipated that the content of the walk-through may vary with the deliverable presented.

1.9.4 In the event that any due date for a deliverable falls on a day that is not a business day, then the due date shall be automatically extended to the next business day, unless otherwise directed by DOM.

1.10 Additional Change Management Vendor Responsibilities

1.10.1 While DOM has defined a minimum set of services in this Scope of Work, the Change Management Vendor may recommend additional services in their Statement of Work. DOM will work with the awarded Vendor to accept or reject any additional proposed services. Additional services proposed by the Change Management Vendor or DOM after the award of the contract will be managed via the State’s change request and contract amendment process.

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1.10.2 The Vendor will be required to provide a monthly staffing report that contains a listing of each position and hours worked for each position that contributed to work during the reporting month.

2. VENDOR REQUIREMENTS FOR STAFFING

2.1 The Vendor should submit a staffing plan to DOM for review and approval, should the State elect to pursue services for OCM. The staffing plan shall include how the Vendor plans to address staffing requirements, project roles and responsibilities and how changes in staff will be handled through all phases of the project. The staffing plan must show each individual’s responsibilities on the projects.

2.1.1 Resources should have proven experience in large-scale government system change management.

2.1.2 A contingency plan that shows the ability to add more staff if needed to ensure meeting the Project’s due dates; and

2.1.3 The Vendor should submit a narrative that identifies and discusses staff redundancy, staff replacement, backup personnel and ability of the proposed staff to perform their assigned tasks.

2.2 The Vendor should submit a team organization chart to DOM for review and approval, should the State elect to pursue services for OCM. The team organization chart should clearly define reporting relationships within the MES project team delivering the services. The Vendor will be required to provide a descriptive narrative indicating the role and responsibility of the each resource or entity identified. All positions identified on the team organization chart that is not fulfilled by project Key Personnel must include a representative profile that includes qualifications, experience and education. The plan must have the following information:

2.2.1 A statement and chart that clearly indicates the time commitment of the proposed project personnel. The Vendor will be required to include a statement indicating to what extent, if any, the key project personnel may work on other projects during the term of the Contract. DOM may reject any proposal that commits the proposed key project personnel to other projects during the term of the Contract if DOM believes that such commitment may be detrimental to the Vendor’s performance.

2.3 The Vendor must propose a staff team with the most appropriate experience and expertise to address the requirements associated with Exhibit C, MES DDI Major Milestone Schedule. The proposed individuals should possess the requisite skills for the roles they are filling. Team members ensure activities are completed, feedback is gathered, training is conducted, and communications are delivered in various formats, including but not limited to:

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2.3.1 The application of skills, tools, and techniques to activities required to implement and sustain the delivered change;

2.3.2 Ability to influence individual behavior and organizational culture;

2.3.3 Facilitate new ways of working, tracking and enabling benefits realization; and

2.3.4 Providing input for future change initiatives.

2.3.5 The team should be comprised of individuals with the following experience:

2.3.5.1 Performing Change Management services for health care claims processing systems for governmental agencies or large private health insurance providers;

2.3.5.2 Performing Change Management services for the implementation of systems with similar size and scope;

2.3.5.3 Technical writing;

2.3.5.4 Healthcare related concepts, configuration and management.

2.3.5.5 Performing Change Management services for a project that included transitioning from a legacy or existing system into a new system.

2.3.5.6 Knowledge of CMS’ MITA.

2.3.5.7 Knowledge of CMS certification process.

2.3.5.8 Familiar with CMS XLC and SDLC processes/ methodologies.

2.4 Key Personnel

2.4.1 DOM has identified the following change management roles for the services required for the MES implementation. The Vendor will be required to propose the appropriate number of staff in order to meet the requirements identified in this Scope of Work. However, if the Vendor deems a position necessary, beyond what is listed, the Vendor must identify these positions and provide a complete description of how these positions support the change management services.

2.4.1.1 Change Management Practitioner: An individual responsible for coordinating, applying, and tracking change management tools or activities. This individual

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is not responsible or accountable for the change strategy.

2.4.1.2 Change Management Lead: The individual accountable and responsible for the change strategy, who assesses the change, outlines a change plan, and implements change management. This individual has direct day-to-day control over the change management team, the change project schedule, associated budgets, and resources. The Change Management Lead is the primary liaison to the change sponsor, project manager, leadership, overall project team, and stakeholders.

2.4.1.3 Change Agents: These individuals will work with DOM middle management, subject matter experts, and social leaders, from different areas in the organization who are trusted by colleagues, stakeholders, and executives for their insight into and understanding of the organization.

2.4.2 The Vendor and/or their subcontractor should have Key Personnel employed before OCM services begin, and must be solely dedicated to the MES implementation.

2.4.3 The Vendor should identify all Key Personnel, and their roles and responsibilities for all phases of the project. The Vendor will be required to submit résumés and also provide a short narrative, as described in Item 2.2, of relevant experience for all proposed key staff identified in the proposal. If the proposed individual is not an employee, a letter of commitment to join the project upon award.

2.4.3.1 Experience narratives must be attached to the résumés describing specific experience with the type of service to be provided within this RFP. The Vendor will be required to describe specific experience with Medicaid projects and include any professional credentials, licenses and recent and relevant continuing education.

2.4.4 During the first 180 calendar days of the contract period, no substitutions of Key Personnel shall be permitted unless such substitutions are necessitated by an individuals’ sudden illness, death or resignation or otherwise approved or requested by DOM.

2.4.4.1 In any of these events, or time periods, the Vendor must immediately notify DOM and provide the information required below

2.4.4.2 All proposed substitutions of Key Personnel must be made in writing

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2.4.4.3 The request to substitute Key Personnel must be made at least 20 business days in advance of the substitution

2.4.4.4 The request must be submitted to the DOM Project Management team

2.4.4.5 DOM Project Management team must agree to the substitution before substitution shall become effective.

2.4.4.6 DOM will have the right to interview any and all proposed Key Personnel substitutions

2.5 The Vendor proposing change order rates for the Change Management roles must have previous experience with MMIS, Eligibility, PBM, or DW/DSS implementations as the Change Management Vendor. Vendors are expected to propose sufficient staff with the requisite skills to meet all requirements in this Scope of Work.

2.6 The Vendor proposing change order rates for the Change Management roles should be familiar with the Association of Change Management Professionals (ACMP) and the Standard for Change Management.

2.6.1 Vendor should indicate any personnel who are Certified Change Management Professionals (CCMP™) that will be assigned to this project.

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RFP No.: 3835Attachment 1: IV&V Vendor Experience Form


ATTACHMENT 1IV&V VENDOR EXPERIENCE FORM

Instructions: Provide the following information to describe your firm’s experience with similar projects – one form for each project. The information your firm provides will be used to evaluate your firm’s experience with projects similar to the work described in the RFP. The Evaluation Team will also use the references your firm provides to verify the work. The Evaluation Team reserves the right to contact individuals in addition to those listed as references by your firm.

Complete three (3) Experience Forms.

Contact Name:Contact Title:Company Name:Address:Phone #:E-Mail:Project Start Date:Project End Date:

Type of Service: PMO IV&V Test Management Change Management

Type of Medicaid Experience: MMIS PBM DW/DSS Other ___________

1. Description of the work performed

2. Total number of staff hours expended during time period of contract

3. Personnel requirements

4. Describe Purpose and Objectives of Work.

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RFP No.: 3835Attachment 2: PMO Vendor Experience Form


ATTACHMENT 2PMO VENDOR EXPERIENCE FORM

Instructions: Provide the following information to describe your firm’s experience with similar projects – one form for each project. The information your firm provides will be used to evaluate your firm’s experience with projects similar to the work described in the RFP. The Evaluation Team will also use the references your firm provides to verify the work. The Evaluation Team reserves the right to contact individuals in addition to those listed as references by your firm.

Complete a minimum of two (2) Experience Forms.

Contact Name:Contact Title:Company Name:Address:Phone #:E-Mail:Project Start Date:Project End Date:

Check as many of the following as necessary and provide the associated Vendor names to indicate your multi-Vendor Work Plan integration/management experience on this project:

MES _________________________________ MMIS, PBM, DW/DSS ____________________

IV&V _________________________________ Test Management _______________________

Change Management ____________________ Other _________________________________

Type of Medicaid experience on this project: MMIS PBM DW/DSS Other _____________

1. Description of the work performed

2. Total number of staff hours expended during time period of contract

3. Personnel requirements

4. Provide metrics used to quantify on-time and on-budget delivery and whether these goals were successfully met. Provide an explanation if not met and whether any lessons learned were incorporated into the project management methodology.

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RFP No.: 3835Attachment 3: Staff Experience Form


ATTACHMENT 3STAFF EXPERIENCE FORM

Instructions: Provide the following information to describe each senior staff member’s experience with a similar project(s) – one form for each employee/project. The information your firm provides will be used to evaluate your staff’s experience with projects similar to the work described in this RFP. The Evaluation Team will also use the references your firm provides to verify the work.

Employee Name:Employee PositionName of Client:

Project Start Date:Project End Date:

Type of Service: PMO IV&V Test Management Change Management

Type of Medicaid Experience: MMIS PBM DW/DSS Other ___________

1. Describe Purpose and Objectives of Work:

2. Describe Nature of Work Performed:

3. Describe the Employee’s Role Relative to This Client’s Project:

4. Describe the Employee’s Role Relative to This RFP.

Current Supervisor’s Name:______________________ Phone Number: __________________

Project Supervisor’s Name*:______________________ Phone Number: __________________

*Name of supervisor(s) while working on the above client project.

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