MARYLAND HEALTH BENEFIT EXCHANGE (MHBE) REQUEST FOR PROPOSALS (RFP) Consultant Timekeeping System SOLICITATION NO. MDM

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1 MARYLAND HEALTH BENEFIT EXCHANGE (MHBE) REQUEST FOR PROPOSALS (RFP) Consultant Timekeeping System SOLICITATION NO. MDM Issue Date: NOTICE A Prospective Offeror that has received this document from the Maryland Health Benefit Exchange s website or or that has received this document from a source other than the Procurement Officer, and that wishes to assure receipt of any changes or additional materials related to this RFP, should immediately contact the Procurement Officer and provide the Prospective Offeror s name and mailing address so that addenda to the RFP or other communications can be sent to the Prospective Offeror. Minority Business Enterprises Are Encouraged to Respond to this Solicitation

2 STATE OF MARYLAND MARYLAND HEALTH BENEFIT EXCHANGE RFP KEY INFORMATION SUMMARY SHEET Request for Proposals: Solicitation Number: Consultant Timekeeping System MDM RFP Issue Date: RFP Issuing Office: Procurement Officer: Contract Monitor: Maryland Health Benefit Exchange Michelle Compton Procurement Officer Maryland Health Benefit Exchange 750 East Pratt Street, 16th Floor Baltimore, MD Phone: Mr. Venkat Koshanam Director MHBE Project Management Office Phone Number: Proposals are to be sent to: Michelle Compton Procurement Officer Closing Date and Time: December 14, :00 PM EST MBE Subcontracting Goal: 0% Consultant Timekeeping System MHBE RFP #MDM ii

3 Table of Contents SECTION 1 - GENERAL INFORMATION Summary Statement Introduction Abbreviations and Definitions Proposal Due (Closing Date) Questions Contract Duration Procurement Officer Contract Monitor Minority Business Enterprises Multiple or Alternate Proposals Cancellations; Acceptance; Minor Irregularities and Discussions Oral Presentation/Demonstration Duration of Offer Public Information Act Notice Arrearages Bid/Proposal Affidavit Contract Affidavit Contract Type Procurement Method Mandatory Contractual Terms Revisions to the RFP emarylandmarketplace Incurred Expenses Economy of Preparation Offeror Responsibilities Verification of Registration and Tax Payment False Statements Payments by Electronic Funds Transfer Invoicing Federal Funding Acknowledgment SECTION 2 SCOPE OF WORK Description of Services Timekeeping Process Overview Timekeeping System Roles Timesheet Approval Workflow Functional Requirements Timekeeping System Reporting Requirements Security Requirements/Data Protection and Controls SECTION 3 PROPOSAL FORMAT Two Part Submission Volume I Technical Proposal Transmittal Letter...17 Consultant Timekeeping System MHBE RFP #MDM iii

4 3.2.2 Format of Technical Proposal Title and Table of Contents Offeror Technical Response to RFP Requirements Offeror Experience and Past Performance Offeror References Problem Escalation Offeror Security Procedures Additional Required Technical Proposal Submissions Volume II Financial Proposal SECTION 4 EVALUATION CRITERIA AND SELECTION PROCEDURE Evaluation Committee Technical Criteria Financial Criteria Selection Procedures Award Determination ATTACHMENT A SMALL PROCUREMENT CONTRACT For infringement of patents, trademarks, trade secrets and copyrights as provided in Section 5 ( Patents, Copyrights, Intellectual Property ) of this Contract;...27 ATTACHMENT B BID/PROPOSAL AFFIDAVIT ATTACHMENT C CONTRACT AFFIDAVIT ATTACHMENT D FINANCIAL PROPOSAL INSTRUCTIONS ATTACHMENT D PRICE PROPOSAL ATTACHMENT E - FUNCTIONAL REQUIREMENTS OFFEROR RESPONSE TABLE47 Consultant Timekeeping System MHBE RFP #MDM iv

5 1.1 Summary Statement SECTION 1 - GENERAL INFORMATION The Maryland Health Benefit Exchange (MHBE) is seeking proposals from qualified offerors to procure a cloudbased, Software-as-a-Service (SaaS), timekeeping system for the purpose of tracking hours worked by the Consultants contracted by the MHBE. The MHBE intends to obtain services, as specified in this RFP, through a contract between the successful Offeror and the MHBE. The MHBE intends to make a single award to the Offeror whose proposal is deemed to be the most advantageous to the State. 1.2 Introduction Signed into law by President Obama on March 23, 2010, the Patient Protection and Affordable Care Act of 2010 (Pub. L ) as amended, including by the Health Care and Education Reconciliation Act of 2010 (Pub. L ) (together with regulations promulgated pursuant thereto, the ACA ) requires States to begin operating a Health Insurance Exchange by January 1, 2014 or to allow the federal government to operate an exchange on their behalf. In legislation adopted on April 12, 2011, the State of Maryland established the authority to create its own state-based health insurance exchange, Maryland Health Benefit Exchange (MHBE). The MHBE provides Maryland s residents and small businesses the opportunity to compare rates, benefits, and quality among insurance plans and enroll in products that best suit their needs through its new state-based insurance marketplace called Maryland Health Connection. Maryland Health Connection will also be the place where Marylanders can go to determine if they are eligible for expanded Medicaid coverage, advance premium tax credits and other cost sharing programs designed to make coverage more affordable under the ACA. Maryland Health Connection opened on November 1, 2015 for enrollment with coverage beginning on January 1, MHBE actively supports the statewide education and outreach efforts to inform Marylanders about Maryland Health Connection, their options and how to enroll. 1.3 Abbreviations and Definitions For purposes of this RFP, the following abbreviations or terms have the meanings indicated below: a. Business Day(s) The official working days of the week include Monday through Friday. Official working days exclude State Holidays (see definition of Normal State Business Hours below). b. Contract The Contract awarded to the successful Offeror pursuant to this RFP. The Contract will be in the form of Attachment A. c. Contract Monitor (CM) The State representative for this Contract who is primarily responsible for Contract administration functions, including issuing written direction, invoice approval, monitoring this Contract to ensure compliance with the terms and conditions of the Contract. The Contract Monitor may authorize in writing one or more State representatives to act on behalf of the Contract Monitor in the performance of the Contract Monitor s responsibilities. d. Contractor The selected Offeror that is awarded a Contract by the MHBE. e. emm emaryland Marketplace (see RFP Section 1.23). f. Exchange or MHBE Maryland Health Benefit Exchange. 5 Consultant Timekeeping System MHBE RFP #MDM

6 g. Local Time Time in the Eastern Time Zone as observed by the State of Maryland. Unless otherwise specified, all stated times shall be Local Time, even if not expressly designated as such. h. Minority Business Enterprise (MBE) Any legal entity certified as defined at COMAR B(54) which is certified by the Maryland Department of Transportation under COMAR i. Normal State Business Hours - Normal State business hours are 8:00 a.m. 5:00 p.m. Monday through Friday except State Holidays, which can be found at: keyword: State Holidays. j. Offeror An entity that submits a Proposal in response to this RFP. k. Personally Identifiable Information (PII) Personally identifiable information as defined by U.S. Office of Management and Budget Memorandum M (May 22, 2007) ( PII refers to information which can be used to distinguish or trace an individual s identity, such as their name, social security number, biometric records, etc., alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother s maiden name, etc. ). l. Procurement Officer Prior to the award of any Contract, the sole point of contact in the State for purposes of this solicitation. After Contract award, the Procurement Officer has responsibilities as detailed in the Contract (Attachment A), and is the only State representative who can authorize changes to the Contract. MHBE may change the Procurement Officer at any time by written notice to the Contractor. m. Proposal As appropriate, either or both of an Offeror s Technical or Financial Proposal. n. Request for Proposals (RFP) This Request for Proposals issued by the MHBE, Solicitation Number MDM dated, including any addenda. o. Protected Health Information (PHI) Has the meaning provided in 45 C.F.R ; generally, information that relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and (i) that identifies the individual; or (ii) with respect to which there is a reasonable basis to believe the information can be used to identify the individual. p. State The State of Maryland. q. Sensitive Data Means PII, PHI and/or any other proprietary or confidential data as defined by the State, including but not limited to personal information under the following sections of the Maryland Code Annotated: Section (d) of the Commercial Law Article and Section (c) of the State Government Article. r. Software as a Service (SaaS) - Software-as-a-Service (SaaS) as used in this document is defined as the capability provided to the State to use the Contractor s applications running on a cloud infrastructure. The applications are accessible from various client devices through a thin client interface such as a Web browser (e.g., Web-based ) or a program interface. The State does not manage or control the underlying cloud infrastructure, including network, servers, operating systems, or storage, but may be permitted limited userspecific application configuration settings. Under SaaS, the Contractor is responsible for the acquisition and operation of all hardware, software and network support related to the services being provided, and shall Consultant Timekeeping System MHBE RFP #MDM

7 keep all software current. The technical and professional activities required for establishing, managing, and maintaining the environments are the responsibilities of the Contractor s. Technical Safeguards The technology and the policy and procedures for its use that protect Sensitive Data and control access to it 1.4 Proposal Due (Closing Date) The Procurement Officer will not accept submissions after the date and exact time stated in the Key Information Summary Sheet above. The date and time of an RFP submission is determined by the date and time of arrival of all required files in the inbox. Requests for extension of this date or time will not be granted, Proposals received by the Procurement Officer after the due date will not be considered. 1.5 Questions Written questions from prospective Offerors will be accepted by the Procurement Officer up until December 7, 2015 at noon. Questions may be submitted by to the Procurement Officer. As reasonably possible and appropriate, these questions will be answered by December 9 at noon. 1.6 Contract Duration The anticipated contract term is six months. The Contract is expected to commence on January 1, 2016 and terminate on June 30, MHBE will have the unilateral option to renew the term of the Contract for two additional one-year terms: July 1, 2016 through and including June 30, 2017 and July 1, 2016 through and including June 30, Procurement Officer The sole point of contact in the State for purposes of this solicitation prior to the award of any Contract is the Procurement Officer at the address listed below: Michelle Compton Maryland Health Benefit Exchange 750 E. Pratt St., 16th Floor Baltimore, MD Office: hix.procurement@maryland.gov The MHBE may change the Procurement Officer at any time by written notice. 1.8 Contract Monitor The Contract Monitor is: Mr. Venkat Koshanam Director MHBE Project Management Office Phone Number: Consultant Timekeeping System MHBE RFP #MDM

8 The MHBE may change the Contract Monitor at any time by written notice. 1.9 Minority Business Enterprises There is no MBE subcontractor participation goal established for this procurement. MBE firms are encouraged to respond Multiple or Alternate Proposals Neither multiple nor alternate proposals will be accepted Cancellations; Acceptance; Minor Irregularities and Discussions The MHBE reserves the right to cancel this RFP, accept or reject any and all proposals, in whole or in part, received in response to this RFP, to waive or permit cure of minor irregularities, and to conduct discussions with all qualified or potentially qualified Offerors in any manner necessary to serve the best interests of the MHBE. The MHBE also reserves the right, in its sole discretion, to award a Contract based upon the written proposals received without prior discussions or negotiations Oral Presentation/Demonstration Offerors deemed susceptible of being selected for award shall be required to provide a live demonstration of their proposed timekeeping system. Requirements, including scripts, shall be provided to each offeror requested to make a presentation in sufficient time to allow preparation for the demonstration. The discussions will also assure a full understanding of the MHBE s requirements and the Offeror s proposed system to perform the requirements stated in this RFP. Offerors must confirm in writing any substantive oral clarification of, or change in, their proposals made in the course of discussions. Any such written clarification or change then becomes part of the Offeror s Proposal Duration of Offer Proposals submitted in response to this RFP are irrevocable for 120 days following the later of the closing date of proposals or of Best and Final Offers (BAFOs), if requested. This period may be extended at the Procurement Officer's request only with the Offeror s written agreement Public Information Act Notice An Offeror shall give specific attention to the clear identification of those portions of its proposal that it considers confidential, proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the MHBE under the Public Information Act, Sections through of the General Provisions Article of the Annotated Code of Maryland. Offerors are advised that, upon request for this information from a third party, MHBE will make an independent determination whether the information can be disclosed. Information which is claimed to be confidential is to be identified after the Title Page and before the Table of Contents in the Technical Proposal and, if applicable, also in the Financial Proposal. Offerors must provide one copy where information which is claimed to be confidential is pre-redacted, in accordance with proposal format requirements contained in Arrearages Consultant Timekeeping System MHBE RFP #MDM

9 By submitting a response to this solicitation, each Offeror represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the Contract if selected for Contract award Bid/Proposal Affidavit A proposal submitted by an Offeror shall be accompanied by a completed Bid/Proposal Affidavit. A copy of this Affidavit is included as Attachment B of this RFP Contract Affidavit All Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful Offeror will be required to complete a Contract Affidavit. A copy of this Affidavit is included for informational purposes as Attachment C of this RFP. This Affidavit shall be provided to the Procurement Officer within five business days of notification of proposed Contract award Contract Type The Contract that results from this RFP shall be a firm-fixed price contract as defined in COMAR Procurement Method This Contract will be awarded in accordance with the Simplified Methods for Small Procurements under the Procurement Policies and Procedures of the MHBE (PP&P). A copy of the PP&P may be found on the website of the MHBE at Any award made in violation of the PP&P is voidable at the election of the Exchange Mandatory Contractual Terms By submitting an offer in response to this RFP, an Offeror, if selected for award, shall be deemed to have accepted the terms of this RFP and the Contract, attached as Attachment A. Any exceptions to this RFP or the Contract shall be clearly identified in the Executive Summary of the technical proposal; exceptions to the required format, terms and conditions of Financial Proposal must also be clearly identified in the Executive Summary, without disclosing any pricing information. A proposal that takes exception to these terms may be determined non-responsive and rejected Revisions to the RFP If it becomes necessary to revise this RFP before the due date for proposals, amendments will be provided to all prospective Offerors who were sent this RFP or otherwise are known by the Procurement Officer to have obtained this RFP. In addition, amendments to the RFP will be posted on the MHBE Procurement website and through emarylandmarketplace. Amendments made after the due date for proposals will be sent only to those Offerors who submitted a timely proposal. Acknowledgment of the receipt of all amendments to this RFP issued before the proposal due date shall accompany the Offeror s proposal in the Transmittal Letter accompanying the Technical Proposal submittal. Acknowledgement of the receipt of amendments to the RFP issued after the proposal due date shall be in the manner specified in the Consultant Timekeeping System MHBE RFP #MDM

10 amendment notice. Failure to acknowledge receipt of amendments does not relieve the Offeror from complying with all terms of any such amendment emarylandmarketplace emarylandmarketplace (emm - is an electronic commerce system free to all vendors--and administered by the Maryland Department of General Services. In addition to using the MHBE website and other means for transmitting the RFP and associated materials, the solicitation and summary of the prebid/proposal conference, Offeror questions and the Procurement Officer s responses, addenda, and other solicitation related information will be provided via emarylandmarketplace. In order to receive a contract award, a vendor must show current registration on emarylandmarketplace. Registration is free. Go to and click on Registration to begin the process. Each Offeror must indicate its emm vendor number in the Transmittal Letter submitted at the time of submission of the Technical Proposal to the RFP Incurred Expenses The MHBE will not be responsible for any costs incurred by an Offeror in preparing and submitting a proposal, in making an oral presentation, in providing a demonstration, or in performing any other activities relative to this solicitation. MHBE will not be responsible for returning samples of work Economy of Preparation Proposals should be prepared simply and economically, providing a straightforward, concise description of the Offeror s proposal to meet the requirements of this RFP Offeror Responsibilities The selected Offeror shall be responsible for rendering services as required by this RFP. All subcontractors shall be identified and a complete description of their roles relative to the proposal shall be included in the Offeror s proposal. Additional information regarding MBE subcontractors is provided in Section 1.9 above. If an Offeror that seeks to perform or provide the services required by this RFP is the subsidiary of another entity, all information submitted by the Offeror, such as but not limited to, references, financial reports, or experience, shall pertain exclusively to the Offeror, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Offeror s proposal shall contain an explicit statement that the parent organization will guarantee the performance of the subsidiary Verification of Registration and Tax Payment Before a corporation can do business in the State, it shall be registered to do business in the State of Maryland and in good standing with the State Department of Assessments and Taxation, State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland It is strongly recommended that any potential Offeror complete registration and ensure that it is in good standing prior to the due date for receipt of proposals. An Offeror s failure to complete registration and be in good standing with the State Department of Assessments and Taxation may disqualify an otherwise successful Offeror from final consideration and recommendation for Contract award. Consultant Timekeeping System MHBE RFP #MDM

11 The successful Offeror shall be responsible for ensuring that all subcontractors meet these requirements, and further, that the Offeror and all subcontractors meet these requirements for the duration of the Contract False Statements Offerors are advised that Md. Code Ann., State Finance and Procurement Article provides as follows: a) In connection with a procurement Contract, a person may not willfully: 1. Falsify, conceal, or suppress a material fact by any scheme or device; 2. Make a false or fraudulent statement or representation of a material fact; or 3. Use a false writing or document that contains a false or fraudulent statement or entry of a material fact. b) A person may not aid or conspire with another person to commit an act under subsection (a) of this section. c) A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five (5) years or both Payments by Electronic Funds Transfer By submitting a response to this solicitation, the Offeror agrees to accept payments by electronic funds transfer unless the State Comptroller s Office grants an exemption. Any request for exemption shall be submitted to the State Comptroller s Office for approval at the address specified on the COT/GAD X-10 form and shall include the business identification information as stated on the form and include the reason for the exemption. The COT/GAC X-10 form can be downloaded at: Invoicing Proper invoices for payment shall contain the Contractor's Federal Tax Identification Number, Contract number, invoiced item description, invoiced item number (e.g., ), period of performance covered by the invoice, a total invoice amount, and a Contractor point of contact with telephone number. 1) All invoices submitted for payment shall be accompanied by signed notice(s) of acceptance as described below. Payment of invoices will be withheld if the appropriate signed acceptance form documentation is not submitted. 2) The Contractor shall each invoice and signed notice(s) of acceptance to the Contract Monitor, or designee at hbe.finance@maryland.gov. 3) Invoices for final payment shall be clearly marked as FINAL and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract. In no event shall any ``invoice be submitted later than 60 calendar days from the Contract termination date Federal Funding Acknowledgment The Contract resulting from this RFP may contain Medicaid Funds (CFDA number ). Execution of the Contract resulting from this RFP indicates Contractor s agreement with all conditions that apply to contractors receiving federal funds from the above-referenced sources, including but not limited to those in 45 C.F.R Consultant Timekeeping System MHBE RFP #MDM

12 and appendix II to Part 75 of Title 45 of the Code of Federal Regulations, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 1557 of the ACA (42 U.S.C ) and all regulations promulgated thereunder. Further, the Contractor s execution of the Contract resulting from this RFP constitutes the Contractor s assurance that it shall abide by all of the laws, regulations and conditions set forth in this Section THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK Consultant Timekeeping System MHBE RFP #MDM

13 SECTION 2 SCOPE OF WORK 2.1 Description of Services The MHBE is seeking proposals from qualified offerors to procure a cloud based (SaaS) timekeeping system for the purpose of tracking hours worked by its IT Consultants. MHBE currently employs approximately 50 IT Consultants and it is necessary to track, monitor and report Consultant hours to comply with regulatory requirements. Consultants are required to enter their working hours against assigned tasks in the timekeeping system on a daily basis and submit their timesheets to assigned MHBE approvers on a weekly basis. Currently, MHBE is using a Microsoft Excel spreadsheet based manual time entry process for recording the Consultants time. MHBE seeks a workflow driven, cloud based (SaaS) timekeeping solution accessible through the internet. 2.2 Timekeeping Process Overview The proposed timekeeping system must meet the following basic requirements that are described in more detail in the Functional Requirements, RFP Section 2.5: A. Time Reporting Enable Consultants to enter time on daily basis against assigned tasks and submit timesheets on a weekly basis for supervisor approval. B. Project/Task Ability to create and assign Projects and Tasks C. Time Approval Ability to approve Consultant hours on a weekly basis D. Workflow Ability to configure the system for the suggested workflow E. Reporting Generate, print and save reports in Spreadsheet or PDF formats F. alerts Automatically send alerts related to timesheet submission, approval and rejection G. Data Retention Ability to store current and past user information 2.3 Timekeeping System Roles The following are the minimum required functional roles of users of the timekeeping system. 1. User: a. Enters and submits time worked on a project by specific tasks b. Generates the user s timesheet reports for specific period(s) 2. Approver: a. Assigns project(s) and task(s) to reporting Consultants b. Approves and rejects timesheets c. Generates timesheet reports of the reporting Consultants 3. System Administrator : Ability to perform the following: 1) Set up, modify, suspend and delete user access 2) Reset passwords 3) Set up projects and tasks 4) Set up working days and hours 5) Backup data to external storage 6) Enter, modify and submit timesheets for any user Consultant Timekeeping System MHBE RFP #MDM

14 7) Approve or reject timesheets and override approvals 8) Setup alerts for timesheet related communications such as reminders, alerts and holidays. 9) Ability to generate and save timesheet reports in Excel and pdf formats 2.4 Timesheet Approval Workflow 2.5 Functional Requirements The proposed timekeeping system must be a cloud based software offered as a Software-as-a-Service (SaaS) solution. The system must currently be in production with the Offeror s clients and prove through a live demonstration that the system, at a minimum, meets the following functional requirements: # Functional Requirement 1 The System Administrator and Approver should have the ability to setup and assign projects and tasks to Consultants. 2 The System Administrator should have the ability to configure alerts for Consultant timesheet statuses such as timesheet submission, approval and rejection. 14 Consultant Timekeeping System MHBE RFP #MDM

15 3 The system should allow Consultants to enter their hours and submit timesheets. 4 The system should not allow Consultants to make changes to their timesheets once timesheets are submitted or approved. 5 The system should allow the Approver to approve or reject the timesheets submitted by the Consultants. 6 The system shall allow the Approver to specify a reason for rejected timesheets. 7 The system shall allow the Consultant to correct and resubmit rejected timesheets. 8 The system shall provide the ability to setup work day calendar. 9 The system shall provide the ability to the Approver to approve multiple timesheets. 10 The system should provide System Administrator the ability to enter, submit, approve, reject and override approval of timesheets if necessary. 11 The system security shall be in general compliance with the State s security policies found at the Department of Information Technology (DoIT) site ( These policies may be updated from time to time and Contractor shall comply with all such revisions. 12 The system shall provide the ability to back up data to an external storage. 13 The system shall provide the following configuration capabilities: 1. Set up, modify, delete, and suspend user access 2. Reset passwords 3. Set up and assign roles 4. Set up Projects and Tasks 5. Set up holidays and working hours 6. Backup data 7. Send alerts 14 The system shall have the capability to generate reports based on roles and the ability to export reports in spreadsheet and pdf formats. 2.6 Timekeeping System Reporting Requirements # Report Description 1 The system shall provide the capability to generate timesheet reports by period, vendor, Consultant, Approver, projects, tasks and/or approval category. 2 The system shall provide the capability to generate a timesheet summary report. 2.7 Security Requirements/Data Protection and Controls A. Contractor shall implement administrative, physical and Technical Safeguards to protect State data that are no less rigorous than accepted industry practices, such as the current Control Objectives for Information and Related Technology (COBIT) framework or similar applicable industry standards for information security, and shall ensure that all such safeguards, including the manner in which State data is collected, accessed, used, stored, processed, disposed of and disclosed comply with applicable data protection and privacy laws as well as the terms and conditions in this RFP and the Contract. B. Ensure appropriate data protection safeguards are in place. At a minimum, the Contractor shall: 1. Ensure that State data is not comingled with the Contractor s or other clients data through the proper application of compartmentalization Security Measures. Consultant Timekeeping System MHBE RFP #MDM

16 2. Apply data encryption to protect State data, especially personal identifiable information (PII), from improper disclosure or alteration. Data encryption should be applied to State data in transit over networks and, State data at rest within the system; as well as to State data when archived for backup purposes. 3. Enable appropriate logging parameters on systems supporting the products and services provided under this Contract to monitor user access activities, authorized and failed access attempts, system exceptions, and critical information security events as recommended by the operating system and application manufacturers and information security standards. 4. Retain the aforementioned logs and review them to identify suspicious or questionable activity for investigation and documentation as to their cause and remediation, if required. 5. Ensure system and network environments are separated by properly configured and updated firewalls to preserve the protection and isolation of MHBE data from unauthorized access as well as the separation of production and non-production environments. 6. Restrict network connections between trusted and untrusted networks by physically and/or logically isolating systems supporting the products and services provided under this Contract from unsolicited and unauthenticated network traffic. 7. Review at regular intervals the aforementioned network connections, documenting and confirming the business justification for the use of all service, protocols, and ports allowed, including the rationale or compensating controls implemented for those protocols considered insecure but necessary. 8. Establish policies and procedures to implement and maintain mechanisms for regular vulnerability testing of operating system, application, and network devices. Such testing is intended to identify outdated software versions; missing software patches; device or software misconfigurations; and to validate compliance with or deviations from the Contractor s security policy. Contractor shall evaluate all identified vulnerabilities for potential adverse effect on the system s security and integrity and remediate the vulnerability promptly or document why remediation action is unnecessary or unsuitable. 9. Enforce strong user authentication and password control measures to minimize the opportunity for unauthorized access to Sensitive Data through compromise of the user access controls. 10. Ensure Sensitive Data under this service is not processed, transferred, or stored outside of the United States. THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK Consultant Timekeeping System MHBE RFP #MDM

17 SECTION 3 PROPOSAL FORMAT 3.1 Two Part Submission The Proposal shall be submitted via one unencrypted , with two attachments, one for the Technical Proposal and one for the Financial Proposal. This shall include: A. Subject line Consultant Timekeeping System RFP # MDM Proposal plus the Offeror s name. B. One attachment labeled Consultant Timekeeping System RFP # MDM Technical Proposal containing the Technical Proposal contents and all required signed Attachments (see Section 3.9 below), in PDF format; and a second attachment labeled Consultant Timekeeping System RFP # MDM Financial containing the Financial Proposal contents, signed and in PDF format. 3.2 Volume I Technical Proposal Note: No pricing information is to be included in the Technical Proposal (Volume I). Pricing information is to be included only in the Financial Proposal (Volume II) Transmittal Letter A Transmittal Letter shall accompany the Technical Proposal. The purpose of this letter is to transmit the Proposal and acknowledge the receipt of any addenda. The Transmittal Letter should be brief and signed by an individual who is authorized to commit the Offeror to the services and requirements as stated in this RFP. The Transmittal Letter should include the following: Name and address of the Offeror; Name, title, address, and telephone number of primary contact for the Offeror; Solicitation Title and Solicitation Number that the Proposal is in response to; Signature, typed name, and title of an individual authorized to commit the Offeror to its Proposal; Federal Employer Identification Number (FEIN) of the Offeror, or if a single individual, that individual s Social Security Number (SSN); Offeror s emm number; Offeror s MBE certification number (if applicable); Acceptance of all State RFP and Contract terms and conditions; if any exceptions are taken, they are to be clearly identified in the Executive Summary; and Acknowledgement of all addenda to this RFP Format of Technical Proposal Responses must provide complete, concise information regarding the Offeror s experience and ability to do the work, including how the Offeror s proposed system meets the requirements in Section 2 Scope of Work. It is the Offeror s responsibility to clearly communicate how its response meets or exceeds these requirements. Responses must provide information in the same order as presented in this RFP, and with the same headings. This will not only be helpful to the evaluators of the response, but should assist the Offeror in preparing a thorough Response. Response must be signed and dated by a person authorized to legally bind the Offeror to a contractual relationship. Consultant Timekeeping System MHBE RFP #MDM

18 The Technical Proposal shall include the following sections in this order: Title and Table of Contents The Technical Proposal should begin with a title page bearing the name and address of the Offeror and the name and number of this RFP. A table of contents shall follow the title page for the Technical Proposal. Note: Information which is claimed to be confidential is to be identified after the Title page and before the Table of Contents in the Offeror s Technical Proposal. An explanation for each claim of confidentiality shall be included. See Section 1.14, above Offeror Technical Response to RFP Requirements The Offeror shall address each section of the Scope of Work and describe how its proposed system will meet the requirements as described in the RFP. Specifically, complete Attachment E Functional Requirements Offeror Response Table, indicating how the proposed system will meet each of the functional requirements providing comments where necessary Offeror Experience and Past Performance. The Offeror shall describe its overall experience and past performance in providing a cloud based, SaaS timekeeping system similar to what is required in the RFP. As part of this, the Offeror shall provide the organization s legal name and state of incorporation or organization (and headquarters) Offeror References Submit three customer references for which you must have been the primary contractor providing the proposed system for the references. The system must have been in production for the reference for at least one year. Include the following for each of the following: Company name Address Type of business Name of contract Title of contract Phone number of contact Date that reference started using the proposed system timekeeping system The MHBE reserves the right to eliminate from further consideration in this RFP process any Offeror who, in the opinion of the MHBE, receives an unfavorable report from an Offeror provided reference, or any other customer references of the Offeror. The MHBE may, at its option, contact other Offeror customers for references Problem Escalation The Offeror must provide a draft procedure that includes, at a minimum, titles of individuals to be contacted by the Contract Manager should problems arise under the Contract and explain how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. Consultant Timekeeping System MHBE RFP #MDM

19 3.2.8 Offeror Security Procedures The Offeror must provide security procedures that address the requirements of RFP Section Additional Required Technical Proposal Submissions Functional Requirements Response Matrix (Attachment B) Completed Bid/Proposal Affidavit (Attachment C) User License Agreement, if required 3.3 Volume II Financial Proposal Submit Volume II Financial Proposal (Attachment D) according to instructions in RFP Section 3.1 above. The Financial Proposal must contain all cost information in the format specified in Attachment D. Note: Information which is claimed to be confidential is to be clearly identified in the Offeror s Financial Proposal. An explanation for each claim of confidentiality shall be included. THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK Consultant Timekeeping System MHBE RFP #MDM

20 4.1 Evaluation Committee SECTION 4 EVALUATION CRITERIA AND SELECTION PROCEDURE Evaluation of the proposals will be performed by a committee established for that purpose and will be based on the criteria set forth below. The Evaluation Committee will review Proposals, participate in Offeror oral presentations and discussions, and provide input to the Procurement Officer. 4.2 Technical Criteria Evaluation of proposals will be based on the criteria set forth below. The Contract resulting from this RFP will be awarded to the Offeror that is most advantageous to the MHBE considering price and the technical factors set forth herein. In making this determination, technical factors will receive greater weight than price factors. The following are the technical criteria for evaluating the technical proposal in descending order of importance: o o o Proposed system functionality Oral presentation and demonstration of system References 4.3 Financial Criteria All qualified Offerors will be ranked from the lowest (most advantageous) to the highest (least advantageous) price based on their overall total price proposed submitted per the directions in Attachment D. Please note that sample amounts used for calculations on the Financial Proposal Form/Price Proposal (e.g., number of Users) are estimates for evaluation purposes only. MHBE does not guarantee a minimum or maximum number of units or usage in the performance of this Contract. Therefore, MHBE reserves the right to award a Contract in a total not-to-exceed amount that is less than the total evaluated proposal amount listed in the successful Offeror s Financial Proposal. 4.4 Selection Procedures General Selection Process This Contract will be awarded in accordance with the Simplified Methods for Small Procurements under the Procurement Policies & Procedures of the MHBE (PP&P). The Simplified Methods for Small Procurements under MHBE s PP&P allows for discussions and revisions of proposals during these discussions. Accordingly, the State shall hold discussions and require system demonstrations with all Offerors judged reasonably susceptible of being selected for award, or potentially so. The MHBE may determine an Offeror to be not responsible and/or an Offeror s proposal to be not reasonably susceptible of being selected for award, at any time after the initial closing date for receipt of proposals and the review of those proposals. If the MHBE finds an Offeror to be not responsible and/or an Offeror s Technical Proposal to be not reasonably susceptible of being selected for award, an Offeror s Financial Proposal will not be considered Selection Process Sequence Consultant Timekeeping System MHBE RFP #MDM

21 o o o o The first step in the process will be an evaluation for technical merit. During this review, oral presentations and discussions shall be held. The purpose of such discussions will be to assure a full understanding of the MHBE s requirements and the Offeror s ability to perform and to facilitate arrival at a Contract that is most advantageous to the MHBE. For scheduling purposes, Offerors should be prepared to make an oral presentation, demonstrate proposed system and participate in discussions within two weeks of the delivery of proposals. The Procurement Officer will contact Offerors deemed reasonably susceptible for award when the schedule is set by the MHBE and the schedule will be posted to emarylandmarketplace and the MHBE website. Offerors shall confirm in writing any substantive oral clarification of, or change in, their proposals made in the course of discussions. Any such written clarification or change then becomes part of the Offeror s proposal. The Financial Proposal of each qualified Offeror will be evaluated separately from the technical evaluation. After a review of the Financial Proposals of qualified Offerors, the Procurement Officer may again conduct discussions to further evaluate the Offeror s entire proposal. When in the best interest of the MHBE, the Procurement Officer may permit Offerors who have submitted acceptable proposals to revise their initial proposals and submit, in writing, best and final offers (BAFOs). However, the MHBE may make an award without issuing a request for BAFOs. 4.5 Award Determination Upon completion of all discussions and negotiations, reference checks, and other record communications, and pursuant to the PP&P II.F and III, the Procurement Officer will recommend award of the Contract to the responsible Offeror whose proposal is determined to be the most advantageous to the MHBE considering technical evaluation factors and price factors as set forth in this RFP. In making the most advantageous Offeror determination, technical factors will have greater weight than price factors. THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK Consultant Timekeeping System MHBE RFP #MDM

22 ATTACHMENT A SMALL PROCUREMENT CONTRACT THIS CONTRACT is made as of this day of, 20 by and between (the Contractor ) and the Maryland Health Benefit Exchange ( MHBE ). Each of the Contractor and MHBE is a Party and together are the Parties. IN CONSIDERATION of the premises and the covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Definitions In this Contract, the following words have the meanings indicated: 1.1 Affordable Care Act or ACA shall mean the Patient Protection and Affordable Care Act of 2010 (Pub. L ), as the same may have been amended, including by the Health Care and Education Reconciliation Act of 2010 (Public Law No ), together with all regulations promulgated pursuant thereto. 1.2 Contract means this Consultant Timekeeping System Contract. 1.3 Contractor means whose principal business address is and whose principal office address in Maryland is. 1.4 Contract Monitor means Venkat Koshanam or a successor designated by MHBE. 1.5 Financial Proposal means the Contractor s Financial Proposal dated, 2015, as supplemented and revised by the best and final offer dated. 1.6 Personally Identifiable Information (PII) has the meaning defined by the U.S. Office of Management and Budget Memorandum M (May 22, 2007) ( PII refers to information which can be used to distinguish or trace an individual s identity, such as their name, social security number, biometric records, etc., alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother s maiden name, etc. ). 1.7 Procurement Officer means Michelle Compton or a successor designated by MHBE. 1.8 Protected Health Information (PHI) has the meaning provided in 45 C.F.R ; generally, information that relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and (i) that identifies the individual; or (ii) with respect to which there is a reasonable basis to believe the information can be used to identify the individual. 1.9 RFP means the Request for Proposals: Consultant Timekeeping System, Solicitation No. dated, 2015 and any amendments thereto issued in writing by MHBE Sensitive Data means PII, PHI and/or any other proprietary or confidential data as defined by the State, including but not limited to personal information under the following sections of the Maryland Code Annotated: Section (d) of the Commercial Law Article and Section (c) of the State Government Article Software means the object code version of computer programs licensed pursuant to this Contract. Embedded code, firmware, internal code, microcode, and any other term referring to software that is necessary for proper operation is included in this definition of Software. Software includes all prior, current, and future versions of Consultant Timekeeping System MHBE RFP #MDM

23 the Software and all maintenance updates and error corrections. Software also includes any upgrades, updates, bug fixes or modified versions or backup copies of the Software licensed to the State by Contractor or an authorized distributor Software-as-a-Service (SaaS) as used in this document is defined as the right provided to the State to access and use Software running on equipment operated by Contractor or its suppliers or Subcontractors, including network, servers, operating systems, and storage ( Cloud Infrastructure ). The Software is accessible from various client devices through a thin client interface such as a web browser (e.g., web-based ) or a program interface. The State does not manage or control the underlying Cloud Infrastructure, but may be permitted limited user-specific application configuration settings. The Contractor is responsible for the acquisition and operation of all equipment or hardware, Software and associated network services as it pertains to the services being provided and shall keep all Software current to at least the previously released version (e.g., version n-1 ). The Contractor is responsible for any network service needed for it or its authorized users to access the Cloud Infrastructure via the internet. Under SaaS, the technical and professional activities required for establishing, managing, and maintaining the Cloud Infrastructure and Software are the responsibilities of the Contractor State means the State of Maryland Technical Proposal means the Contractor s Technical Proposal, dated, Capitalized terms not defined herein shall have the meaning given to them in the RFP. 2. Scope of Work 2.1 The Contractor shall provide the consultant timekeeping system for MHBE as described in Section 2 of the RFP. 2.2 These services and materials shall be provided in accordance with the terms and conditions of this Contract and the following Exhibits, which are attached and incorporated herein by reference. If there is any conflict between this Contract and the Exhibits, the terms of this Contract shall control. If there is any conflict among the Exhibits, the following order of precedence shall determine the prevailing provision: Exhibit A - The RFP. Exhibit B - State Contract Affidavit, executed by the Contractor and dated. Exhibit C - The Contractor s Technical Proposal. Exhibit D - The Contractor s Financial Proposal. 2.3 The Procurement Officer may, at any time, by written order, make changes in the work within the general scope of the Contract. No other order, statement or conduct of the Procurement Officer or any other person shall be treated as a change or entitle the Contractor to an equitable adjustment under this section. Except as otherwise provided in this Contract, if any change under this section causes an increase or decrease in the Contractor s cost of, or the time required for, the performance of any part of the work, whether or not changed by the order, an equitable adjustment in the Contract price shall be made and the Contract modified in writing accordingly. The Contractor must assert in writing its right to an adjustment under this section within thirty (30) days of receipt of written change order and shall include a written statement setting forth the nature and cost of such claim. No claim by the Contractor shall be allowed if asserted after final payment under this Contract. Failure to agree to an adjustment under this section shall be a dispute under Section 12, Disputes. Nothing in this section shall excuse the Contractor from proceeding with the Contract as changed. 2.4 While the Procurement Officer may, at any time, by written change order, make unilateral changes in the work within the general scope of the Contract as provided in Section 2.3 above, the Contract may be modified by Consultant Timekeeping System MHBE RFP #MDM