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The Seal of the State of Alaska

State of Alaska Request for Proposals

MAGI Medicaid Automated Renewals

RFP 2022-0600-4999

ISSUED November 16, 2021

The Alaska Department of Health and Social Services (DHSS), Division of Public Assistance (DPA) is searching for a partner to develop and implement a MAGI Medicaid Automated Renewal Process.


ISSUED BY:


Department of Health And Social Services
Division of Public Assistance

PRIMARY CONTACT:


Kellie Julian
Procurement Officer
Kellie.Julian@alaska.gov

TABLE OF CONTENTS

Section 1. INTRODUCTION & INSTRUCTIONS

Sec. 1.01 Purpose of the RFP

Sec. 1.02 Budget

Sec. 1.03 Deadline for Receipt of Proposals

Sec. 1.04 Minimum Qualifications

Sec. 1.05 Required Review

Sec. 1.06 Questions Prior to Deadline for Receipt of Proposals

Sec. 1.07 Return Instructions

Sec. 1.08 Proposal Contents

Sec. 1.09 Assistance to Offerors With a Disability

Sec. 1.10 Amendments to Proposals

Sec. 1.11 Amendments to the RFP

Sec. 1.12 RFP Schedule

Sec. 1.13 Pre-Proposal Conference

Sec. 1.14 Alternate Proposals

Sec. 1.15 News Releases

Section 2. BACKGROUND INFORMATION

Sec. 2.01 background information

Section 3. SCOPE OF WORK & CONTRACT INFORMATION

Sec. 3.01 Scope of Work

Sec. 3.02 Project Management Requirements

Sec. 3.03 Personnel

Sec. 3.04 Contract Term and Work Schedule

Sec. 3.05 Deliverables

Sec. 3.06 Contract Type

Sec. 3.07 Proposed Payment Procedures

Sec. 3.08 Contract Payment

Sec. 3.09 Location of Work

Sec. 3.10 Subcontractors

Sec. 3.11 Joint Ventures

Sec. 3.12 Right to Inspect Place of Business

Sec. 3.13 Contract Personnel

Sec. 3.14 Inspection and Modification - Reimbursement for Unacceptable Deliverables

Sec. 3.15 Contract Changes - Unanticipated Amendments

Sec. 3.16 Nondisclosure and Confidentiality

Sec. 3.17 Termination for Default

Section 4. PROPOSAL FORMAT AND CONTENT

Sec. 4.01 Proposal Format and Content

Sec. 4.02 Introduction

Sec. 4.03 Technical Understanding and Approach

Sec. 4.04 Project Management Approach

Sec. 4.05 Approach to User Interface and User Experience Design

Sec. 4.06 Staffing Approach

Sec. 4.07 Experience and Qualifications

Sec. 4.08 Verbal Presentation

Sec. 4.09 Cost Proposal

Sec. 4.10 Evaluation Criteria

Section 5. EVALUATION CRITERIA AND CONTRACTOR SELECTION

Sec. 5.01 Technical Understanding and Approach (15%)

Sec. 5.02 Project Management Approach (5%)

Sec. 5.03 Approach to User Interface and User Experience Design (5%)

Sec. 5.04 Staffing Approach (10%)

Sec. 5.05 Experience and Qualifications (15%)

Sec. 5.06 Verbal Presentation (25%)

Sec. 5.07 Contract Cost (25%)

Section 6. GENERAL PROCESS INFORMATION

Sec. 6.01 Informal Debriefing

Sec. 6.02 Alaska Business License and Other Required Licenses

Sec. 6.03 Clarification of Offers

Sec. 6.04 Discussions with Offerors

Sec. 6.05 Evaluation of Proposals

Sec. 6.06 Contract Negotiation

Sec. 6.07 Failure to Negotiate

Sec. 6.08 Offeror Notification of Selection

Sec. 6.09 Protest

Sec. 6.10 Formula Used to Convert Cost to Points

Sec. 6.11 Examples: Converting Cost to Points

Section 7. General Legal Information

Sec. 7.01 Standard Contract Provisions

Sec. 7.02 Qualified Offerors

Sec. 7.03 Proposal as Part of the Contract

Sec. 7.04 Additional Terms and Conditions

Sec. 7.05 Human Trafficking

Sec. 7.06 Right of Rejection

Sec. 7.07 State Not Responsible for Preparation Costs

Sec. 7.08 Disclosure of Proposal Contents

Sec. 7.09 Assignments

Sec. 7.10 Disputes

Sec. 7.11 severability

Sec. 7.12 Supplemental Terms and Conditions

Sec. 7.13 Solicitation Advertising

Sec. 7.14 Federally Imposed Tariffs

Section 8. ATTACHMENTS

Sec. 8.01 Attachment 1 -- Cost Proposal

Sec. 8.02 Attachment 2 -- RFP Checklist

Sec. 8.03 Attachment 3 -- Proposal Evaluation Form

Sec. 8.04 Attachment 4 -- Certification Regarding Debarment

Sec. 8.05 Attachment 5 -- TEMPLATE Standard Agreement Form (with Appendices)

Sec. 8.06 Attachment 6 -- Federal Requirements

Sec. 8.07 Attachment 7 -- Automated Renewals Technical Prototype Findings

Sec. 8.08 Attachment 8 -- How We Work

Sec. 8.09 Attachment 9 -- Performance Based Quality Assurance Plan(QAP)

Sec. 8.10 Attachment 10 -- Technical Documentation Example

Sec. 8.11 Attachment 11 -- IT Reference A DHSS IT Requirements Agile Acquisition

Sec. 8.12 Attachment 12 -- IT Reference D DHSS Information Technology Standards

Sec. 8.13 Attachment 13 -- IT Reference F Data Destruction Information and References

Sec. 8.14 Attachment 14 -- IT Reference H DHSS Sample Security Authorization Package Moderate Control Set

Section 1. Introduction & Instructions

Sec. 1.01 Purpose of the RFP

The Alaska Department of Health and Social Services (DHSS), Division of Public Assistance (DPA) is searching for a partner to develop and implement a Modified Adjusted Gross Income (MAGI) Medicaid automated renewal process. The current annual renewal process is highly manual and requires worker intervention for each renewal processed. DPA is soliciting a vendor to:

  • increase automation

  • reduce needed worker intervention

  • reduce the number of renewal packets mailed to Medicaid recipients

  • improve the renewal process for current recipient

This system currently processes eligibility for MAGI Medicaid but is growing to support all existing public assistance programs. This system has over 400 internal users, an externally facing self-service portal, a connection to the federally facilitated healthcare marketplace, and currently issues MAGI Medicaid for over 200,000 Alaskans.

Sec. 1.02 Budget

DHSS, DPA estimates a budget of $1,500,000 dollars for completion of this project. Proposals priced at more than this amount will be considered non-responsive.

Sec. 1.03 Deadline for Receipt of Proposals

Proposals must be received no later than 4:00 pm prevailing Alaska Time December 27th, 2021

Late proposals or amendments will be disqualified and not opened or accepted for evaluation.

Sec. 1.04 Minimum Qualifications

In order for offers to be considered responsive offerors must meet the following minimum requirements:

The offeror must provide two examples of recently developed technical projects. While not required, we strongly prefer that at least one of these projects have been developed and released using open-source principles and licensing. The examples provided must reflect aspects of data security and should show aspects of strong user driven design in a web application. The projects must have been delivered by either a) the offeror itself or, alternatively, b) a teaming partner that is proposed in response to this RFP, or, alternatively, c) any Key Personnel that is being proposed in response to this RFP. In the project summary, be sure to identify how the offeror's team was involved in the development. At a minimum, provide:

Recent and similar technical scope is past experience with building usable, responsive, user-facing applications, within the past three (3) years.

We prefer links to the public Git repository that includes the source code that was developed and accepted for the project. Actual access to a publicly available Git repository is strongly encouraged over screenshots of private repositories. The summary should also include live links of the final product or current staging environment. If live links are not available, screenshots can be provided, along with a brief explanation as to why the project is no longer live. Note that screenshots will not be counted towards your 40-page limitation; please provide screenshots as attachments. The projects should be recent and similar to the size and technical scope of this requirement.

The vendor must have experience working with clients using modern software development approaches. These approaches must include cross-functional teams that use human-centered design, build with modern technology stacks, and use an iterative, agile approach to continuously deliver working software to their clients.

The vendor's team must ensure their agile ceremonies are conducted at times that are consistent with the State of Alaska's normal business hours (8:00AM--5:00PM Alaska Standard Time).

An offeror's failure to meet these minimum requirements may cause their proposal to be considered non-responsive and their proposal may be rejected.

Sec. 1.05 Required Review

Offerors should carefully review this solicitation for defects and questionable or objectionable material. Comments concerning defects and questionable or objectionable material should be made in writing and received by the procurement officer at least ten days before the deadline for receipt of proposals. This will allow time for the issuance of any necessary amendments. It will also help prevent the opening of a defective proposal and exposure of offeror's proposals upon which award could not be made.

Sec. 1.06 Questions Prior to Deadline for Receipt of Proposals

Questions or comments regarding this RFP shall be submitted as issues within this RFP's GitHub repository no later than 4:00 PM Alaska Prevailing Time on Wednesday, December 15, 2021, to allow the State sufficient time to respond. All questions and comments will be publicly available. Please add yourself as a watcher on the Automated Renewals RFP Github Repository if your firm would like updates about changes and comments. Questions or comments received after the required deadline may not be answered.

Questions may also be submitted in writing to the Procurement Officer, who will post them as issues with the GitHub repository listed above.

Two types of questions generally arise. One may be answered by directing the questioner to a specific section of the RFP. Other questions may be more complex and may require a written amendment to the RFP. The procurement officer will make that decision.

Sec. 1.07 Return Instructions

Email Submission

The preferred method of response submission to this solicitation is via email, sent to the following address:

hss.procurement.proposal@alaska.gov

The email submission must contain the RFP number in the subject line. In the body of the email, please indicate the Procurement Officer's name, the Offeror's name, the number of attachments, and the names of the attachments being submitted.

When submitting a proposal via email, the technical proposal and cost proposal must be saved as separate, clearly labeled PDF documents, such as "Vendor A -- Technical Proposal.pdf" and "Vendor A -- Cost Proposal.pdf" (Vendor A is the name of the offeror). The maximum size of a single email (including all text and attachments) that can be received by the State is 20mb (megabytes). If the email containing the proposal exceeds this size, the proposal must be sent in multiple emails that are each less than 20 megabytes; each email must comply with the requirements above. Please also include an indication of multiple email submissions (1 of 2, 2 of 2, etc.).

It is the offeror's responsibility to ensure that the Procurement Officer has received the proposal in full, prior to the deadline. The Procurement Officer will respond to the email to confirm receipt. If you do not receive a confirmation, it is your responsibility to contact the Procurement Officer to confirm. The State is not responsible for lost, unreadable, or corrupt emails, or missing attachments. An offeror's failure to submit its proposal prior to the deadline will cause the proposal to be disqualified.

Late proposals or amendments will not be opened or accepted for evaluation.

Paper Submission

If submitting a proposal by mail, Offerors must submit one hard copy of their proposal, to the procurement officer, in a sealed package. The cost proposal included with the package must be sealed separately from the rest of the proposal and must be clearly identified.

The sealed proposal package(s) must be addressed as follows:

Department of Health and Social Services

Division of Finance and Management Services

Attention: Kellie Julian, Procurement Officer

RFP Number: 2022-0600-4999

RFP Title: MAGI Medicaid Automated Renewals

If mailing via US Mail, please use the following address:

PO Box 110650

Juneau, AK 99811-0650

If utilizing a delivery service, please use the following address:

333 Willoughby -- Suite 760

Juneau, AK 99801

An offeror's failure to submit its proposal prior to the deadline will cause the proposal to be disqualified.

Late proposals or amendments will not be opened or accepted for evaluation.

Faxed proposals will not be accepted. Oral proposals will not be accepted.

Sec. 1.08 Proposal Contents

The following information must be included in all proposals.

(a) Authorized Signature

All proposals must be signed by an individual authorized to bind the offeror to the provisions of the RFP. Proposals must remain open and valid for at least 90-days from the date set as the deadline for receipt of proposals.

(b) Offeror's Certification

By signature on the proposal, offerors certify that they comply with the following:

A. the laws of the State of Alaska;

B. the applicable portion of the Federal Civil Rights Act of 1964;

C. the Equal Employment Opportunity Act and the regulations issued thereunder by the federal government;

D. the Americans with Disabilities Act of 1990 and the regulations issued thereunder by the federal government;

E. all terms and conditions set out in this RFP;

F. a condition that the proposal submitted was independently arrived at, without collusion, under penalty of perjury; and

G. that the offers will remain open and valid for at least 90 days.

If any offeror fails to comply with [a] through [g] of this paragraph, the state reserves the right to disregard the proposal, terminate the contract, or consider the contractor in default.

(c) Vendor Tax ID

A valid Vendor Tax ID must be submitted to the issuing office with the proposal or within five days of the state's request.

(d) Conflict of Interest

Each proposal shall include a statement indicating whether or not the firm or any individuals working on the contract has a possible conflict of interest (e.g., currently employed by the State of Alaska or formerly employed by the State of Alaska within the past two years) and, if so, the nature of that conflict. The procurement officer reserves the right to consider a proposal non-responsive and reject it or cancel the award if any interest disclosed from any source could either give the appearance of a conflict or cause speculation as to the objectivity of the contract to be performed by the offeror.

(e) Federal Requirements

The offeror must identify all known federal requirements that apply to the proposal, the evaluation, or the contract.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions

Each proposal must include a signed certification form, see Section 8.04.

Sec. 1.09 Assistance to Offerors With a Disability

Offerors with a disability may receive accommodation regarding the means of communicating this RFP or participating in the procurement process. For more information, contact the procurement officer no later than ten days prior to the deadline for receipt of proposals.

Sec. 1.10 Amendments to Proposals

Amendments to or withdrawals of proposals will only be allowed if acceptable requests are received prior to the deadline that is set for receipt of proposals. No amendments or withdrawals will be accepted after the deadline unless they are in response to the state's request in accordance with 2 AAC 12.290.

Sec. 1.11 Amendments to the RFP

If an amendment is issued, it will be provided to all who were notified of the RFP and to those who have registered with the procurement officer after receiving the RFP from the State of Alaska Online Public Notice website as well as those who have made themselves a watcher on the Automated Renewals RFP Github Repository.

Sec. 1.12 RFP Schedule

The RFP schedule set out herein represents the State of Alaska's best estimate of the schedule that will be followed. If a component of this schedule, such as the deadline for receipt of proposals, is delayed, the rest of the schedule may be shifted by the same number of days. All times are Alaska Prevailing Time.

  • Issue RFP on November 16, 2021

  • Deadline for receipt of questions on Wednesday, December 15, 2021 4PM

  • Deadline for receipt of proposals on Monday, December 27, 2021 4PM

  • Proposal Evaluation Committee complete evaluation Monday, January 3, 2022

  • State of Alaska issues Notice of Intent to Award a Contract by Friday, January 7, 2022

  • State of Alaska issues contract on Wednesday, January 19, 2022

  • Contract begins Monday January 31, 2022

This RFP does not, by itself, obligate the State. The State's obligation will commence when the contract is approved by the Commissioner of the Department of Health and Social Services, or the Commissioner's designee. Upon written notice to the contractor, the State may set a different starting date for the contract.

The State will not be responsible for any work done by the contractor, even work done in good faith, if it occurs prior to the contract start date set by the State.

Sec. 1.13 Pre-Proposal Conference

A pre-proposal conference will not be held for this solicitation.

Interested parties may submit questions in writing per RFP Section 1.06.

Sec. 1.14 Alternate Proposals

Offerors may only submit one proposal for evaluation. In accordance with 2 AAC 12.830 alternate proposals (proposals that offer something different than what is asked for) will be rejected.

Sec. 1.15 News Releases

News releases related to this RFP will not be made without prior approval of the project director.

Section 2. BACKGROUND INFORMATION

Sec. 2.01 Background Information

The background for this project as a whole is detailed in the project README in the DHSS eligibility modernization GitHub Repo (be sure to add yourself as a watcher on the overall eligibility modernization repository to automatically get updates about changes and upcoming procurements). In this acquisition we are looking to extend the recently successful efforts exercising our user centered design practices, modern software development methods and security focused continuous deployment processes. Specific information regarding this procurement can be found in the RFP-ARIES-AutomatedRenewals GitHub Repo (make sure to add yourself as a watcher to receive updates).

In March 2010, the Affordable Care Act (ACA) was signed into law. The ACA is based on the Patient Protection and Affordable Care Act (Public Law 111-148, as amended) and the Health Care and Education Reconciliation Act (Public Law 111-152). The law as originally enacted focuses on provisions to expand coverage, control health care costs, and improve the health care delivery system. The ACA also included provisions to streamline eligibility, enrollment, and renewal processes, for example, by requiring a single application for Medicaid, CHIP, and subsidized exchange coverage. The ACA changes for Medicaid came into effect January 1, 2014, replacing Alaska's Family Medicaid with MAGI Medicaid.

The ACA established a new methodology for determining Medicaid income eligibility for most children, pregnant women, parents, and adults. The MAGI-based methodology considers taxable income and tax filing relationships to determine financial eligibility for Medicaid. MAGI replaced the former process for calculating Medicaid eligibility, which was based on the methodologies of the Aid to Families with Dependent Children program that ended in 1996. Some individuals are exempt from the MAGI-based income counting rules, including those whose eligibility is based on blindness, disability, or age (65 and older).

By allowing people seeking healthcare coverage to complete one application that determined which health and social services programs they or their family were eligible for, the Affordable Care Act made it easier for people to apply for and enroll in health care coverage.

More information about the State of Alaska Medicaid Program can be found here.

This work will ensure that DPA is able to comply with the requirements regarding ex-parte renewals in the ACA (42 CFR 435.916).

Section 3. SCOPE OF WORK & CONTRACT INFORMATION

Sec. 3.01 Scope of Work

The DPA is soliciting proposals to contract a partner to develop a process for MAGI Medicaid automated renewals. This work, in addition to fulfilling many divisional business objective goals, will also assist the State in complying with the federal requirements for ex-parte renewals (42 CFR 435.916).

This scope includes:

  • an automated process for identifying the appropriate clients potentially eligible for an automated MAGI renewal

  • connections to external data sources to gather information needed for the automated renewal process

    • potential connection to CMS renewal federal data hub service (we expect this service to be a SOAP or REST based service)

    • potential connection to other available State of Alaska verification services

  • creation or alteration of eligibility rules to automate the annual MAGI Medicaid renewal process

  • renewal outcome information presentation to eligibility workers based upon user design sessions and user research

  • new or altered notices to recipients notifying them of their renewal or eligibility status -- these will need to be automated based upon business rule changes

    • information about notice generation and configuration is contained within Prototype Findings
  • development of any needed training materials to be presented to users

  • development of technical documentation as described in Section 3.05 and Section 8.10

The product team and product owner have chosen this specific product increment to achieve multiple outcomes:

  • Develop an automated process allowing for renewal of the appropriate MAGI Medicaid clients without eligibility worker intervention

  • Reduce the automated notices that are mailed to MAGI Medicaid clients with an upcoming renewal

  • Lower the overall costs DPA pays for postage services

  • Ensure that the solution meets all federally mandated and State of Alaska mandated security requirements

  • Ensure that the solution meets all federally required outcome based certification criteria

  • Ensure that user centered design principles are followed

  • Simplify the experience for MAGI Medicaid recipients to renew their Medicaid benefits

Sec. 3.02 Project Management Requirements

PROJECT MANAGEMENT

The contractor shall provide a Project Manager point of contact for the Automated Renewals Project Team for problem resolution, program management reporting in accordance with program management methodologies, and staffing requirements. Sprint plans will be developed collaboratively with the Automated Renewals Project Team.

We manage our projects using a mix of traditionally agile processes.

These include sprint ceremonies:

  • Sprint planning

  • Sprint grooming

  • Sprint review including product demo

  • Sprint retrospective

We manage the work in each sprint using a modified Scrum process in Microsoft Azure DevOps and Microsoft Team Foundation Server (TFS). Our processes also include security throughout the effort, so we typically refer to our work as DevSecOps. You can find more information about our processes in Attachment 8 - How We Work.

A successful contractor team will have experience working with clients using modern software development approaches. These approaches must include cross-functional teams that use human-centered design, build with modern technology stacks, and use an iterative, agile approach to continuously deliver working software to their clients.

DAILY OPERATIONS

Daily operations will be managed by the contractor's project manager but coordinated to and communicated with the Automated Renewals Project Team. They may include:

  • Daily standup via video

  • Chat communications via MS Teams

  • Manage and update user stories + workflow tasks in shared project management platform (TFS or Azure DevOps)

PROJECT MANAGEMENT PLAN

Within the first two sprints a simple lightweight project management plan deliverable delivery is required. This deliverable should include staffing chart, information about basic project management procedures, risk and issue identification and tracking system, training approach, and issue escalation process.

STATUS REPORTS

In lieu of a typical status report, the following are required to document progress over the course of the period of performance for each sprint:

  • Links to relevant Github branches, pull requests, and/or commits

  • Screenshots of any available visualization (as appropriate)

  • Screenshot, links, or other documentation from the contractor's project management system reflecting completed features, including number and percentage of completed sprint tasks (e.g., percentage of tasks completed)

This information should be updated every sprint in the AK DHSS workflow tools (Azure DevOps or TFS).

DESIGN RESEARCH PLAN

By the end of the second sprint, vendor shall establish a design research plan in collaboration with the Automated Renewals Project Team. This plan must account for the availability of resources, articulation of research methods, and delivery of research-related records. In subsequent sprints, research-related records will be delivered in accordance with the aforementioned design research plan.

Sec. 3.03 Personnel

DHSS envisions the need for the following skillsets as part of the contractor team:

  • Project manager

  • Scrum master (or equivalent)

  • Technical lead

  • Developers (front-end, back-end or full stack)

  • Enterprise content management professional, with specific experience in HP Exstream, or OpenText Exstream

  • Researcher

  • User experience designer

  • Visual designer

  • Business analyst

  • Security consultant or technical staff with security knowledge

Note that one person could meet multiple of these skillset suggestions. Alternatively, multiple people could be needed to support each of these listed skillsets.

DESIRED SKILLS AND KNOWLEDGE

The contractor team shall have knowledge and skills in the following areas:

Current Eligibility System Technology: IBM WebSphere, IBM Operational Decision Manager, IBM Security Access Manager, Mule ESB, OpenText Exstream, Quartz Scheduler

Note: We are in the process of upgrading many of the core components of the current eligibility system. These include OpenText Exstream, IBM WebSphere, and IBM Operational Decision Manager. This work will not be in the scope of this RFP.

Information about the current technical stack can be found in the prototype documents here.

Note: there is a concurrent effort to move/transition internally hosted resources to Microsoft Azure. This work will not be in the scope of this RFP.

Microsoft Technology: Azure cloud platform, ASP.NET web applications, .NET Core framework, C# Language, SQL Server

General Technology: HTML, CSS, JavaScript, Responsive design, SQL (language), Git, Experience working with SOAP APIs and using / building REST APIs, Service-based architecture, Automated unit and integration testing, Continuous integration and continuous delivery

Security: Minimal Acceptable Risk Standards for Exchanges (MARS-E) 2.0 Framework, CMS security review processes

KEY PERSONNEL

The following requirements related to personnel must be met:

a) The contractor shall assign to perform this contract those persons whose résumés are submitted with its quotation and who are identified in the contractor's quotation as Key Personnel.

b) At a minimum, a Project Manager and Technical Lead must be identified and designated as Key Personnel.

The Project Manager will be a direct liaison to the Automated Renewals Project Team. The Project Manager is responsible for the supervision and management of the contractor's personnel, overall technical solution, and budget. Desired skills/experience for the Project Manager include:

  • Experience in technical leadership

  • Strong Ability in Agile project management techniques

  • Ability to rapidly prioritize competing requirements

  • Ability in technical work estimation techniques

  • Ability to understand and simplify customer requirements

  • Ability to communicate end user feedback to technical and design leads

  • Strong communication skills

  • Proven knowledge of industry standards

The Project Manager should have a minimum of three (3) years' experience in the last five (5) years leading a project for a health and human services organization. This experience should be reflected in the proposed Project Manager's resume.

The Technical Lead should have a full understanding of the technical approach discussed in the proposal interview and is responsible for ensuring that the contractor follows the proposed approach.

The Technical Lead should have a minimum of three (3) years' experience in the last five (5) years in a technical leadership role.

Sec. 3.04 Contract Term and Work Schedule

The term of this contract will be from approximately January 31, 2022 -- October 21, 2022. Any potential for contract amendments that alter this term will need approval of the procurement officer, the DPA project manager, and approval by federal partners.

Sec. 3.05 Deliverables

Based on the Scope of Work above, the contractor will conduct the following deliverables:

Deliverable Due Date Description
Code & Status Reports 1 business day after each sprint Demonstration of progress throughout each sprint. This should include a ship or progress update report to include team activities and accomplishments.
Code Repository of Product Continuously delivered throughout contract Version-controlled Open-Source repository of code that comprises product. Any incomplete code will be delivered at end of contract. Code repository should include any relevant tests.
Research Research-related records shall be delivered at the end of the third sprint and every applicable sprint thereafter A summary of research conducted and results found. If applicable, next steps or recommendations based on research.
Design Deliverables End of every applicable sprint Mockups and/or design files if applicable, or design changes reflected in the Development Prototype.
Training Materials Following an agreed upon timeline and prior to eligibility worker use All related training materials including screenshots, how-to guides, workflow diagrams etc.
Security Documentation At the end of every applicable sprint Information that must be included in division security documentation to satisfy all relevant Federal, State, and Department requirements. Note that this information is required as part of the authorization to operate process. Authorization to operate is a requirement of system production.
Technical Documentation At the end of every applicable sprint Any system documentation, either new or updated that results from these activities. This could include developer resources, changes to existing database, business rule documentation, network diagrams, or systems architecture documentation, etc.
Project Management Plan At the end of Sprint 2 Streamlined project management plan. Details can be found in Sec 3.02
Design Research Plan At the end of Sprint 2 Details can be found in Sec 3.02

DELIVERY INSTRUCTIONS

Code deliverables shall be submitted via Git PRs to the Azure DevOps repository. A copy of any document deliverables shall be submitted to the Alaska automated renewal project team.

INSPECTION AND ACCEPTANCE OF SERVICES

All periodic reports and deliverables shall be inspected, tested (where applicable), reviewed, and accepted by the Alaska automated renewal project team, prior to sprint conclusion and deployment to the staging and production environments.

Only the Alaska automated renewal project team has the authority to inspect, accept, or reject all deliverables.

Acceptance of services and deliverables will be based on the criteria laid out in the quality assurance plan.

SYSTEM DOCUMENTATION

The contractor shall consult with the Alaska automated renewal project team to determine what is appropriate, effective, and essential for system documentation. The State requires, at a minimum, that the contractor will generate comprehensive and complete documentation, both within the code itself, within the source code version control system (e.g., through proper use of descriptive commit messages, issue tracking, pull requests, etc.), and as appropriate, in separate documentation, provide artifacts, and create new user stories based on each sprint.

We typically house documentation in Azure DevOps either in the built-in wiki, or as part of a repository. This allows the documents to be versioned and controlled. DHSS, DPA expects that the selected contractor will create and update documentation using these standards where appropriate.

QUALITY ASSURANCE

The contractor shall comply with the acceptable quality levels (AQL) as described in the attached quality assurance plan (QAP).

Sec. 3.06 Contract Type

This contract will be a time and materials contract with a do not exceed amount.

Sec. 3.07 Proposed Payment Procedures

The state will make payments based on a negotiated payment schedule. Each billing must consist of an invoice and progress report. No payment will be made until the progress report and invoice has been approved by the project director.

Sec. 3.08 Contract Payment

No payment will be made until the contract is approved by the Commissioner of the Department of Health and Social Services or the Commissioner's designee. Under no conditions will the state be liable for the payment of any interest charges associated with the cost of the contract. The state is not responsible for and will not pay local, state, or federal taxes. All costs associated with the contract must be stated in U.S. currency.

Any single contract payment of $1 million or higher must be accepted by the contractor via Electronic Funds Transfer (EFT).

Sec. 3.09 Location of Work

The location(s) the work is to be performed, completed, and managed is at the discretion of the contractor as long as the location complies with the requirements listed below. The state will not provide workspace for the contractor. The contractor must provide its own workspace.

We anticipate much of this work to be performed remotely with close collaboration between the project team via digital communication methods. There may be some occasions where an on-site visit is required, but those will be the exception rather than the rule.

In the event where an on-site presence is requested, the following State Approved Travel Guidelines apply.

The State will cover costs associated with travel per the criteria listed below. Expenses above these criteria must be approved in advance by the Project Director.

  • Air Travel: copies of receipts and boarding passes for flights must be submitted with the invoice. The State will reimburse for coach travel only.

  • Hotel: copies of original hotel receipts at commercial facilities must be submitted with the invoice. Actual lodging expenses that exceed $200 room rate per night, excluding taxes, must be approved in advance by the Program Manager.

  • Rental Car: copies of the rental car receipt and agreement must be submitted with the invoice. Rental should be for a mid-size or less car (unless approved in advance) and the rental period is to cover the business travel period only.

  • Ground Transportation: between the contractor's home and the airport, and the destination airport and hotel; via airport shuttle, courtesy van, or taxi service.

  • Per Diem: the maximum amount for food and all other travel related incidentals in Alaska is $60 per day, per person.

Note: Costs of parking violations will not be reimbursed

To facilitate this method of delivery and partnership it is critical that a successful contractor align with the State of Alaska time zone. The contractor's team must ensure their agile ceremonies are conducted at times that are consistent with the State of Alaska's normal business hours (8:00AM--5:00PM Alaska Standard Time). As a rule, staff should be available during these times.

Performance of Work Within United States

By signature on their proposal, the offeror certifies that all services provided under this contract by the contractor and all subcontractors shall be performed in the United States.

If the offeror cannot certify that all work will be performed in the United States, the offeror must contact the procurement officer in writing to request a waiver at least 10 days prior to the deadline for receipt of proposals.

The request must include a detailed description of the portion of work that will be performed outside the United States, where, by whom, and the reason the waiver is necessary.

Failure to comply with these requirements may cause the state to reject the proposal as non-responsive or cancel the contract.

Sec. 3.10 Subcontractors

Subcontractors may be used to perform work under this contract. If an offeror intends to use subcontractors, the offeror must identify in the proposal the names of the subcontractors and the portions of the work the subcontractors will perform.

Subcontractor experience shall be considered in determining whether the offeror meets the requirements set forth in Sec 1.04: Minimum Qualifications, however the prime offeror firm must have been the prime vendor on at least one of the supplied projects.

If a proposal with subcontractors is selected, the offeror must provide the following information concerning each prospective subcontractor within five working days from the date of the State's request:

  • complete name of the subcontractor;

  • complete address of the subcontractor;

  • type of work the subcontractor will be performing;

  • percentage of work the subcontractor will be providing;

  • evidence that the subcontractor holds a valid Alaska business license; and

  • a written statement, signed by each proposed subcontractor that clearly verifies that the subcontractor is committed to render the services required by the contract.

An offeror's failure to provide this information, within the time set, may cause the state to consider their proposal non-responsive and reject it. The substitution of one subcontractor for another may be made only at the discretion and prior written approval of the project director.

Note that if the subcontractor will not be performing work within Alaska, they will not be required to hold an Alaska business license.

Sec. 3.11 Joint Ventures

Joint ventures will not be allowed.

Sec. 3.12 Right to Inspect Place of Business

At reasonable times, the state may inspect those areas of the contractor's place of business that are related to the performance of a contract. If the state makes such an inspection, the contractor must provide reasonable assistance.

Sec. 3.13 Contract Personnel

Any change of the project team members or subcontractors named in the proposal must be approved, in advance and in writing, by the project director or procurement officer. Changes that are not approved by the state may be grounds for the state to terminate the contract.

Sec. 3.14 Inspection and Modification - Reimbursement for Unacceptable Deliverables

The contractor is responsible for the completion of all work set out in the contract. All work is subject to inspection, evaluation, and approval by the project director. The state may employ all reasonable means to ensure that the work is progressing and being performed in compliance with the contract. The project director or procurement officer may instruct the contractor to make corrections or modifications if needed in order to accomplish the contract's intent. The contractor will not unreasonably withhold such changes.

Substantial failure of the contractor to perform the contract may cause the state to terminate the contract. In this event, the state may require the contractor to reimburse monies paid (based on the identified portion of unacceptable work received) and may seek associated damages.

Sec. 3.15 Contract Changes - Unanticipated Amendments

During the course of this contract, the contractor may be required to perform additional work. That work will be within the general scope of the initial contract. When additional work is required, the project director will provide the contractor a written description of the additional work and request the contractor to submit a firm time schedule for accomplishing the additional work and a firm price for the additional work. Cost and pricing data must be provided to justify the cost of such amendments per AS 36.30.400.

The contractor will not commence additional work until the project director has secured any required state approvals necessary for the amendment and issued a written contract amendment, approved by the Commissioner of the Department of Health and Social Services or the Commissioner's designee.

Sec. 3.16 Nondisclosure and Confidentiality

Contractor agrees that all confidential information shall be used only for purposes of providing the deliverables and performing the services specified herein and shall not disseminate or allow dissemination of confidential information except as provided for in this section. The contractor shall hold as confidential and will use reasonable care (including both facility physical security and electronic security) to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, the confidential information. "Reasonable care" means compliance by the contractor with all applicable federal and state law, including the Social Security Act and HIPAA. The contractor must promptly notify the state in writing if it becomes aware of any storage, disclosure, loss, unauthorized access to or use of the confidential information.

Confidential information, as used herein, means any data, files, software, information or materials (whether prepared by the state or its agents or advisors) in oral, electronic, tangible or intangible form and however stored, compiled or memorialized that is classified confidential as defined by State of Alaska classification and categorization guidelines provided by the state to the contractor or a contractor agent or otherwise made available to the contractor or a contractor agent in connection with this contract, or acquired, obtained or learned by the contractor or a contractor agent in the performance of this contract. Examples of confidential information include, but are not limited to: technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data (infrastructure, architecture, operating systems, security tools, IP addresses, etc.).

If confidential information is requested to be disclosed by the contractor pursuant to a request received by a third party and such disclosure of the confidential information is required under applicable state or federal law, regulation, governmental or regulatory authority, the contractor may disclose the confidential information after providing the state with written notice of the requested disclosure (to the extent such notice to the state is permitted by applicable law) and giving the state opportunity to review the request. If the contractor receives no objection from the state, it may release the confidential information within 30 days. Notice of the requested disclosure of confidential information by the contractor must be provided to the state within a reasonable time after the contractor's receipt of notice of the requested disclosure and, upon request of the state, shall seek to obtain legal protection from the release of the confidential information.

The following information shall not be considered confidential information: information previously known to be public information when received from the other party; information freely available to the general public; information which now is or hereafter becomes publicly known by other than a breach of confidentiality hereof; or information which is disclosed by a party pursuant to subpoena or other legal process and which as a result becomes lawfully obtainable by the general public.

Sec. 3.17 Termination for Default

The Project Director, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the State. In the absence of a breach of contract by the contractor, the State is liable only for payment in accordance with the payment provisions of this contract for services rendered before the effective date of termination.

This clause does not restrict the state's termination rights under the contract provisions of Appendix A, attached in Sec 8.05.

Section 4. PROPOSAL FORMAT AND CONTENT

Sec. 4.01 Proposal Format and Content

In preparing a proposal response, all narrative portions should be straightforward, detailed, and precise. Do not simply restate or paraphrase information in this RFP. The DHSS, DPA will determine the responsiveness of a proposal by its quality, not its volume or packaging.

The state discourages overly lengthy and costly proposals, with proposals of forty (40) or fewer pages encouraged. The forty (40) page limit does not include the cost proposal or appendices.

For the state to evaluate proposals fairly and completely, offerors must follow the format set out in this RFP and provide all information requested.

Sec. 4.02 Introduction

Proposals must include the complete name and address of offeror's firm and the name, email address, and telephone number of the person the state should contact regarding the proposal.

Proposals must confirm that the offeror will comply with all provisions in this RFP. Proposals must be signed by a company officer empowered to bind the company. An offeror's failure to include these items in the proposals may cause the proposal to be determined to be non-responsive and the proposal may be rejected. Introduction is included in the page limit.

Sec. 4.03 Technical Understanding and Approach

Succinctly describe level of knowledge, technical expertise and overall understanding of the responsibilities as set forth in Section 3.01: Scope of Work and Section 3.05 Deliverables. This is also an opportunity to discuss, either in the written proposal or during the verbal presentation, any technical risks or opportunities. This section should include your proposed plans to adhere to the technical requirements and standards listed out in Section 8.11 and Section 8.12.

Technical Understanding and Approach is included in the page limit.

Sec. 4.04 Project Management Approach

Succinctly describe your approach to the following areas of project management:

  • Project Coordination -- Describe how you will manage the necessary coordination of the different stakeholder groups both within the state and within your teams. How you will handle team communication, meeting scheduling, and day to day information sharing. How you plan to coordinate both the agile ceremonies needed for new work, as well as the support ticket process with the existing helpdesk team and systems.

  • Risk Management -- Discuss how the identification, classification, mitigation, and documentation of risks would be addressed.

  • Issue Management -- Discuss how issues will be identified, addressed, or escalated as needed.

  • Testing -- Describe your philosophy of testing, and how you would work with the state technical support teams to integrate into the shared CI/CD pipeline. Describe how you envision incorporating user testing.

  • User Research Coordination -- Describe an overview of your research process and how that will tie in with other delivery activities.

Project Management Approach is included in the page limit.

Sec. 4.05 Approach to User Interface and User Experience Design

Succinctly describe how you will perform user experience and user interface design as a part of the overall user research. Also include information about how this research will be translated into relevant user stories and ultimately into working software. DHSS, DPA expects that for any user facing system changes, there will need to be some amount of user research and design.

Approach to User Interface and User Experience Design is included in the page limit.

Sec. 4.06 Staffing Approach

Provide a staffing approach that describes your understanding of the responsibilities and details the number or personnel by skill level/labor category needed to satisfy Section 3.01: Scope of Work as well as Section 3.03 Personnel.

At a minimum, in this section, provide:

  • A description of your staffing methodology based on your understanding of the scope and project desired outcomes;

  • A breakdown of labor categories, including the title, number of personnel, and hours; and

  • A list of Key Personnel by name, title, contact information, proposed duties and roles, and resumes for each proposed Key Personnel in accordance with Section 3.03: Personnel. Resumes should include a description of the experience and capability for all Key Personnel proposed for the offeror's project team. Resumes should also address the individual's technical background, education, work experience, and accomplishments related to the activities described in this RFP. The proposal of any key personnel not currently employed by the offeror or teaming partners shall be accompanied by letters of intent signed by proposed Key Personnel.

The staffing approach is included as part of your page limitation; however, resumes and letters of intent are not included in the page limitation.

Sec. 4.07 Experience and Qualifications

The offeror must describe how they fully meet the minimum qualifications in Sec 1.04 and personnel criteria identified in Sec 3.03.

Offerors must also provide a narrative description of the organization of the project team and a personnel roster that identifies lines of authority. For each identified Key Staff member who will work on the contract, please provide the following:

  • Title and identification of the work this individual will be responsible for

  • Resume and specifically related work experience.

Offerors must provide information describing work completed of a similar scope and complexity. Please provide experiences with similar technology software development, human-centered design, and continuous deployment methods.

Information about similar experience and qualifications is included as part of your page limitation.

Sec. 4.08 Verbal Presentation

Responsive offerors will be invited to participate in a verbal presentation to be evaluated. The verbal presentation will consist of a short demo and a question and answer session. The entire verbal presentation will take place remotely via video chat and/or teleconference.

Agenda Item Maximum Time
Introductions Approximately 5 minutes
Open Technical Session Including Demo 90 minutes
Question and Answer Session 30 minutes
Closing Remarks 5 minutes

During the open technical session, the offeror will respond to the State's questions related to the technical aspects of the offeror's proposal. We strongly prefer a demonstration of a similar application built on like technology. This application can be a working prototype if a production application is not available for demo. This could include a short overview of an application that is built in JAVA and running on IBM WebSphere that includes a rules-based system or changes to an application that is already running on a similar technology stack. Of special note would be a demonstration of code management processes where multiple teams are working on a single code base including tools, testing, and process control. We are not interested in a demo or overview of an eligibility system that does not share similar technology and does not demonstrate the team's ability to modify and maintain the State of Alaska Eligibility System. At this time the State of Alaska is not interested in a full system replacement and does not intend to issue an RFP to do so.

Introductions will be used solely for introducing team member's names and roles on both the State and offeror teams. Time for introductions will not be allocated to business development purposes.

Although the technical factors are identified in the RFP, the core questions are not listed there. Offerors must be prepared to answer questions about the technical aspects of their proposal. The goal of these presentations is to assess the technical abilities of the proposed Key Personnel and further elaborate on their proposed technical approach described in their written proposal to accomplish the objectives of this task.

This part of the verbal presentations will not exceed 90 minutes. The Procurement Officer will strictly enforce this time limit on all presentations. There will be no follow-up session for further questions after this part of the presentation.

Presentation date and time

The State will schedule the date and time of the verbal presentations with each offeror after the solicitation closing date and receiving each offeror's quote submission. The State reserves the right to reschedule any offeror's verbal presentations date at the discretion of the procurement officer.

Presentation location

Verbal presentations will take place via video chat, though audio may be substituted as needed. The State will coordinate and set up the meeting space accordingly (providing dial-in information or links using a tool such as WebEx, Zoom or MS Teams). As our project teams meet routinely in this manner, we strongly encourage you join with audio, video, and screen sharing capability.

Presentation participants

Proposed Key Personnel must participate in the verbal presentation. Otherwise, the offeror will be considered non-responsive and excluded from further consideration. The State is most interested in hearing from staff who will have a direct role in completing the tasks.

Offerors may include as many participants as are necessary. Offerors should note that the State will be asking technical questions during the verbal presentation. Participants will also be asked questions related to project management (Section 4.04).

Prior to the presentations, offerors must email the procurement officer the names of everyone who will attend.

Sec. 4.09 Cost Proposal

Offerors must complete the cost proposal template provided in Sec 8.01: Attachment 1 - Cost Proposal. Cost proposals must include an itemized list of all direct and indirect costs associated with the performance of the contract, including, but not limited to, total number of hours at various hourly rates, direct expenses, payroll, travel, supplies, overhead assigned to each person working on the project, and percentage of each person's time devoted to the project.

The completed cost proposal, including the proposed budget, along with any reference to pricing, is to be excluded from the body of the offeror's proposal.

Instead, it should accompany the proposal in a separate, sealed envelope if mailing proposal, or as a separate PDF if submitting via email. Failure to comply with this requirement may result in a proposal being rejected as non-responsive.

Sec. 4.10 Evaluation Criteria

All proposals will be reviewed to determine if they are responsive. Proposals determined to be responsive will be evaluated using the criterion that is set out in Sec 5. Evaluation Criteria and Contractor Selection.

An evaluation may not be based on discrimination due to the race, religion, color, national origin, sex, age, marital status, pregnancy, parenthood, disability, or political affiliation of the offeror.

Section 5. EVALUATION CRITERIA AND CONTRACTOR SELECTION

THE TOTAL NUMBER OF POINTS USED TO SCORE THIS PROPOSAL IS 1000

Sec. 5.01 Technical Understanding and Approach (15%)

The State will evaluate the offeror's technical approach: level of knowledge, technical expertise, and overall understanding of the requirements. The State will also evaluate the offeror's skills with similar technology software development and continuous deployment methods. Of special note is how well the proposed approach aligns with the Department's Technical Strategy.

Sec. 5.02 Project Management Approach (5%)

The State will evaluate the offeror's approach to project coordination, risk management, issue management, user testing, and user research coordination.

Sec. 5.03 Approach to User Interface and User Experience Design (5%)

The State will evaluate the offeror's approach to user interface and user experience as they relate to the creation of user stories and delivery of working software.

Sec. 5.04 Staffing Approach (10%)

The State will evaluate the offeror's proposed staffing methodology and skill levels/labor categories as well as the availability and relevant work experience demonstrated by Key Personnel.

Sec. 5.05 Experience and Qualifications (15%)

The State will evaluate the offeror's experience in performing work of similar scope and complexity. The State will also evaluate the offeror's experience with similar technology software development, human-centered design, and continuous deployment methods.

Sec. 5.06 Verbal Presentation (25%)

The State will evaluate the offeror's response to questions regarding the technical aspects of the proposal as discussed during the verbal presentation. The State will also evaluate the offeror's technical demonstration as outlined in Sec 4.08.

Sec. 5.07 Contract Cost (25%)

Overall, 25% of the total evaluation points will be assigned to cost.

Section 6. GENERAL PROCESS INFORMATION

Sec. 6.01 Informal Debriefing

When the contract is completed, an informal debriefing may be performed at the discretion of the project director. If performed, the scope of the debriefing will be limited to the work performed by the contractor.

Sec. 6.02 Alaska Business License and Other Required Licenses

Prior to the award of a contract, an offeror must hold a valid Alaska business license. However, in order to receive the Alaska Bidder Preference and other related preferences, such as the Alaska Veteran Preference and Alaska Offeror Preference, an offeror must hold a valid Alaska business license prior to the deadline for receipt of proposals. Offerors should contact the Department of Commerce, Community and Economic Development, Division of Corporations, Business, and Professional Licensing, PO Box 110806, Juneau, Alaska 99811-0806, for information on these licenses. Acceptable evidence that the offeror possesses a valid Alaska business license may consist of any one of the following:

  • copy of an Alaska business license;

  • certification on the proposal that the offeror has a valid Alaska business license and has included the license number in the proposal;

  • a canceled check for the Alaska business license fee;

  • a copy of the Alaska business license application with a receipt stamp from the state's occupational licensing office; or

  • a sworn and notarized statement that the offeror has applied and paid for the Alaska business license.

You are not required to hold a valid Alaska business license at the time proposals are opened if you possess one of the following licenses and are offering services or supplies under that specific line of business:

  • fisheries business licenses issued by Alaska Department of Revenue or Alaska Department of Fish and Game,

  • liquor licenses issued by Alaska Department of Revenue for alcohol sales only,

  • insurance licenses issued by Alaska Department of Commerce, Community and Economic Development, Division of Insurance, or

  • Mining licenses issued by Alaska Department of Revenue.

Prior the deadline for receipt of proposals, all offerors must hold any other necessary applicable professional licenses required by Alaska Statute.

Sec. 6.03 Clarification of Offers

In order to determine if a proposal is reasonably susceptible for award, communications by the procurement officer or the proposal evaluation committee (PEC) are permitted with an offeror to clarify uncertainties or eliminate confusion concerning the contents of a proposal. Clarifications may not result in a material or substantive change to the proposal. The evaluation by the procurement officer or the PEC may be adjusted as a result of a clarification under this section.

Sec. 6.04 Discussions with Offerors

The state may conduct discussions with offerors in accordance with AS 36.30.240 and 2 AAC 12.290. The purpose of these discussions will be to ensure full understanding of the requirements of the RFP and proposal. Discussions will be limited to specific sections of the RFP or proposal identified by the procurement officer. Discussions will only be held with offerors who have submitted a proposal deemed reasonably susceptible for award by the procurement officer. Discussions, if held, will be after initial evaluation of proposals by the procurement officer or the PEC. If modifications are made as a result of these discussions they will be put in writing. Following discussions, the procurement officer may set a time for best and final proposal submissions from those offerors with whom discussions were held. Proposals may be reevaluated after receipt of best and final proposal submissions.

If an offeror does not submit a best and final proposal or a notice of withdrawal, the offeror's immediate previous proposal is considered the offeror's best and final proposal.

Offerors with a disability needing accommodation should contact the procurement officer prior to the date set for discussions so that reasonable accommodation can be made. Any oral modification of a proposal must be reduced to writing by the offeror.

Sec. 6.05 Evaluation of Proposals

The procurement officer, or an evaluation committee made up of at least three state employees or public officials, will evaluate proposals. The evaluation will be based solely on the evaluation factors set out in Sec 5. Evaluations Criteria and Contractor Selection.

After receipt of proposals, if there is a need for any substantial clarification or material change in the RFP, an amendment will be issued. The amendment will incorporate the clarification or change, and a new date and time established for new or amended proposals. Evaluations may be adjusted as a result of receiving new or amended proposals.

Sec. 6.06 Contract Negotiation

After final evaluation, the procurement officer may negotiate with the offeror of the highest-ranked proposal. Negotiations, if held, shall be within the scope of the request for proposals and limited to those items which would not have an effect on the ranking of proposals. If the highest-ranked offeror fails to provide necessary information for negotiations in a timely manner, or fails to negotiate in good faith, the state may terminate negotiations and negotiate with the offeror of the next highest-ranked proposal. If contract negotiations are commenced, they may be held in person, telephonically, or via video conference.

If the contract negotiations take place in person in Alaska, the offeror will be responsible for their travel and per diem expenses.

Sec. 6.07 Failure to Negotiate

If the selected offeror

  • fails to provide the information required to begin negotiations in a timely manner; or

  • fails to negotiate in good faith; or

  • indicates they cannot perform the contract within the budgeted funds available for the project; or

  • if the offeror and the state, after a good faith effort, simply cannot come to terms,

the state may terminate negotiations with the offeror initially selected and commence negotiations with the next highest ranked offeror.

Sec. 6.08 Offeror Notification of Selection

After the completion of contract negotiation, the procurement officer will issue a written Notice of Intent to Award and send copies of that notice to all offerors who submitted proposals. The notice will set out the names of all offerors and identify the offeror selected for award.

Sec. 6.09 Protest

AS 36.30.560 provides that an interested party may protest the content of the RFP.

An interested party is defined in 2 AAC 12.990(a) (7) as "an actual or prospective bidder or offeror whose economic interest might be affected substantially and directly by the issuance of a contract solicitation, the award of a contract, or the failure to award a contract."

If an interested party wishes to protest the content of a solicitation, the protest must be received, in writing, by the procurement officer at least ten days prior to the deadline for receipt of proposals.

AS 36.30.560 also provides that an interested party may protest the award of a contract or the proposed award of a contract.

If an offeror wishes to protest the award of a contract or the proposed award of a contract, the protest must be received, in writing, by the procurement officer within ten days after the date the Notice of Intent to Award the contract is issued.

A protester must have submitted a proposal in order to have sufficient standing to protest the proposed award of a contract. Protests must include the following information:

  • the name, address, and telephone number of the protester;

  • the signature of the protester or the protester's representative;

  • identification of the contracting agency and the solicitation or contract at issue;

  • a detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and the form of relief requested.

Protests filed by telex or telegram are not acceptable because they do not contain a signature. Fax copies containing a signature are acceptable.

The procurement officer will issue a written response to the protest. The response will set out the procurement officer's decision and contain the basis of the decision within the statutory time limit in AS 36.30.580. A copy of the decision will be furnished to the protester by certified mail, fax or another method that provides evidence of receipt.

All offerors will be notified of any protest. The review of protests, decisions of the procurement officer, appeals, and hearings, will be conducted in accordance with the State Procurement Code (AS 36.30), Article 8 "Legal and Contractual Remedies."

Sec. 6.10 Formula Used to Convert Cost to Points

The distribution of points based on cost will be determined as set out in 2 AAC 12.260(c). The lowest cost proposal will receive the maximum number of points allocated to cost. The point allocations for cost on the other proposals will be determined using the formula:

[(Price of Lowest Cost Proposal) x (Maximum Points for Cost)] ÷ (Cost of Each Higher Priced Proposal)

Sec. 6.11 Examples: Converting Cost to Points

Formula Used to Convert Cost to Points

Step 1

List all proposal prices.

Offeror #1 $40,000

Offeror #2 $42,750

Offeror #3 $47,500

Step 2

In this example, the RFP allotted 40% of the available 100 points to cost. This means that the lowest cost will receive the maximum number of points.

Offeror #1 receives 40 points.

The reason they receive that amount is because the lowest cost proposal, in this case $40,000, receives the maximum number of points allocated to cost, 40 points.

Offeror #2 receives 37.4 points.

$40,000 lowest cost x 40 maximum points for cost = 1,600,000 ÷ $42,750 cost of proposal = 37.4

Offeror #3 receives 33.7 points.

$40,000 lowest cost x 40 maximum points for cost = 1,600,000 ÷ $47,500 cost of proposal = 33.7

Section 7. General Legal Information

Sec. 7.01 Standard Contract Provisions

The contractor will be required to sign and submit the State's Standard Agreement Form for Professional Services Contracts (including all associated appendices). This form is attached in Section 8: Attachments, for your review. The contractor must comply with all contract provisions set out in this attachment. No alteration of these provisions will be permitted without prior written approval from the Department of Law. Objections to any of the provisions in Appendix A must be set out in the offeror's proposal in a separate document. Please include the following information with any change that you are proposing:

  1. Identify the provision the offeror takes exception with.

  2. Identify why the provision is unjust, unreasonable, etc.

  3. Identify exactly what suggested changes should be made.

Sec. 7.02 Qualified Offerors

Per 2 AAC 12.875, unless provided for otherwise in the RFP, to qualify as an offeror for award of a contract issued under AS 36.30, the offeror must:

  1. Add value in the contract by actually performing, controlling, managing, or supervising the services to be provided; or

  2. Be in the business of selling and have actually sold on a regular basis the supplies that are the subject of the RFP.

If the offeror leases services or supplies or acts as a broker or agency in providing the services or supplies in order to meet these requirements, the procurement officer may not accept the offeror as a qualified offeror under AS 36.30.

Sec. 7.03 Proposal as Part of the Contract

Part or all of this RFP and the successful proposal may be incorporated into the contract.

Sec. 7.04 Additional Terms and Conditions

The state reserves the right to add terms and conditions during contract negotiations. These terms and conditions will be within the scope of the RFP and will not affect the proposal evaluations.

Sec. 7.05 Human Trafficking

By signature on their proposal, the offeror certifies that the offeror is not established and headquartered or incorporated and headquartered in a country recognized as Tier 3 in the most recent United States Department of State's Trafficking in Persons Report.

The most recent United States Department of State's Trafficking in Persons Report can be found at the following website: https://www.state.gov/trafficking-in-persons-report/

Failure to comply with this requirement will cause the state to reject the proposal as non-responsive, or cancel the contract.

Sec. 7.06 Right of Rejection

Offerors must comply with all of the terms of the RFP, the State Procurement Code (AS 36.30), and all applicable local, state, and federal laws, codes, and regulations. The procurement officer may reject any proposal that does not comply with all of the material and substantial terms, conditions, and performance requirements of the RFP.

Offerors may not qualify the proposal nor restrict the rights of the state. If an offeror does so, the procurement officer may determine the proposal to be a non-responsive counter-offer and the proposal may be rejected.

Minor informalities that:

  • do not affect responsiveness;

  • are merely a matter of form or format;

  • do not change the relative standing or otherwise prejudice other offers;

  • do not change the meaning or scope of the RFP;

  • are trivial, negligible, or immaterial in nature;

  • do not reflect a material change in the work; or

  • do not constitute a substantial reservation against a requirement or provision;

may be waived by the procurement officer.

The state reserves the right to refrain from making an award if it determines that to be in its best interest.

A proposal from a debarred or suspended offeror shall be rejected.

Sec. 7.07 State Not Responsible for Preparation Costs

The state will not pay any cost associated with the preparation, submittal, presentation, or evaluation of any proposal.

Sec. 7.08 Disclosure of Proposal Contents

All proposals and other material submitted become the property of the State of Alaska and may be returned only at the state's option. AS 40.25.110 requires public records to be open to reasonable inspection. All proposal information, including detailed price and cost information, will be held in confidence during the evaluation process and prior to the time a Notice of Intent to Award is issued. Thereafter, proposals will become public information.

Trade secrets and other proprietary data contained in proposals may be held confidential if the offeror requests, in writing, that the procurement officer does so, and if the procurement officer agrees, in writing, to do so. The offeror's request must be included with the proposal, must clearly identify the information they wish to be held confidential, and include a statement that sets out the reasons for confidentiality. Unless the procurement officer agrees in writing to hold the requested information confidential, that information will also become public after the Notice of Intent to Award is issued.

Sec. 7.09 Assignments

Per 2 AAC 12.480, the contractor may not transfer or assign any portion of the contract without prior written approval from the procurement officer. Proposals that are conditioned upon the state's approval of an assignment will be rejected as non-responsive.

Sec. 7.10 Disputes

A contract resulting from this RFP is governed by the laws of the State of Alaska. If the contractor has a claim arising in connection with the agreement that it cannot resolve with the State by mutual agreement, it shall pursue the claim, if at all, in accordance with the provisions of AS 36.30.620 -- AS 36.30.632. To the extent not otherwise governed by the preceding, the claim shall be brought only in the Superior Court of the State of Alaska and not elsewhere.

Sec. 7.11 Severability

If any provision of the contract is found to be invalid or declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected; and, the rights and obligations of the parties will be construed and enforced as if the contract did not contain the particular provision held to be invalid.

Sec. 7.12 Supplemental Terms and Conditions

Proposals must comply with SEC. 7.06 Right of Rejection. However, if the state fails to identify or detect supplemental terms or conditions that conflict with those contained in this RFP or that diminish the state's rights under any contract resulting from the RFP, the term(s) or condition(s) will be considered null and void. After award of contract:

if conflict arises between a supplemental term or condition included in the proposal and a term or condition of the RFP, the term or condition of the RFP will prevail; and

if the state's rights would be diminished as a result of application of a supplemental term or condition included in the proposal, the supplemental term or condition will be considered null and void.

Sec. 7.13 Solicitation Advertising

Public notice has been provided in accordance with 2 AAC 12.220.

Sec. 7.14 Federally Imposed Tariffs

Changes in price (increase or decrease) resulting directly from a new or updated federal tariff, excise tax, or duty, imposed after contract award may be adjusted during the contract period or before delivery into the United States via contract amendment.

  • Notification of Changes: The contractor must promptly notify the procurement officer in writing of any new, increased, or decreased Federal excise tax or duty that may result in either an increase or decrease in the contact price and shall take appropriate action as directed by the procurement officer.

  • After-imposed or Increased Taxes and Duties: Any federal excise tax or duty for goods or services covered by this contract that was exempted or excluded on the contract award date but later imposed on the contractor during the contract period, as the result of legislative, judicial, or administrative action may result in a price increase provided:

    a. The tax or duty takes effect after the contract award date and isn't otherwise addressed by the contract;

    b. The contractor warrants, in writing, that no amount of the newly imposed federal excise tax or duty or rate increase was included in the contract price, as a contingency or otherwise.

  • After-relieved or Decreased Taxes and Duties: The contract price shall be decreased by the amount of any decrease in federal excise tax or duty for goods or services under the contract, except social security or other employment taxes, that the contractor is required to pay or bear, or does not obtain a refund of, through the contractor's fault, negligence, or failure to follow instructions of the procurement officer.

  • State's Ability to Make Changes: The state reserves the right to request verification of Federal excise tax or duty amounts on goods or services covered by this contract and increase or decrease the contract price accordingly.

  • Price Change Threshold: No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $250.

Section 8. ATTACHMENTS

Sec. 8.01 Attachment 1 -- Cost Proposal

The cost proposal can be found in this repository at Attachment 1 - Cost Proposal

Sec. 8.02 Attachment 2 -- RFP Checklist

The RFP Checklist can be found in this repository at Attachment 2 - RFP Checklist

Sec. 8.03 Attachment 3 -- Proposal Evaluation Form

The Proposal Evaluation Form can be found in this repository at Attachment 3 - Proposal Evaluation Form

Sec. 8.04 Attachment 4 -- Certification Regarding Debarment

The Certification Regarding Debarment can be found in this repository at Attachment 4 - Certification Regarding Debarment

Sec. 8.05 Attachment 5 -- Template Standard Agreement Form (with Appendices)

The TEMPLATE Standard Agreement Form (with Appendices) can be found in this repository at Attachment 5 - TEMPLATE Standard Agreement Form (with Appendices)

Sec. 8.06 Attachment 6 -- Federal Requirements

The Federal Requirements can be found in this repository at Attachment 6 - Federal Requirements

Sec. 8.07 Attachment 7 -- Automated Renewals Technical Prototype Findings

The Automated Renewal Technical Prototype Findings can be found in this repository at Attachment 7 -- Automated Renewals Technical Prototype Findings

Sec. 8.08 Attachment 8 -- How We Work

How We Work can be found in this repository at Attachment 8 -- How We Work

Sec. 8.09 Attachment 9 -- Performance Based Quality Assurance Plan (QAP)

The Quality Assurance Plan can be found in this repository at Attachment 9 - QAP

Sec. 8.10 Attachment 10 -- Technical Documentation Example

The Technical Documentation Example can be found in this repository at Attachment 10 - Technical Documentation Example

Sec. 8.11 Attachment 11 -- IT Reference A DHSS IT Requirements Agile Acquisition

The DHSS IT Requirements Agile Acquisition documentation can be found in this repository at Attachment 11 - IT REFERENCE A - DHSS IT Requirements Agile Acquisition

Sec. 8.12 Attachment 12 -- IT Reference D DHSS Information Technology Standards

The DHSS Information Technology Standards can be found in this repository at Attachment 12 - IT Reference D - DHSS Information Technology Standards

Sec. 8.13 Attachment 13 -- IT Reference F Data Destruction Information and References

The Data Destruction Information and References can be found in this repository at Attachment 13 - IT Reference F - Data Destruction Information and References

Sec. 8.14 Attachment 14 -- IT Reference H DHSS Sample Security Authorization Package Moderate Control Set

The DHSS Sample Security Authorization Package - Moderate Control Set can be found in this repository at Attachment 14 - IT Reference H - DHSS Sample Security Authorization Package - Moderate Control Set

(NOTE: ARIES requires compliance with the MARS-E 2.0 control set. This is just a sample of a department approved security authorization package)