Department of Health WIC SERVICES BRANCH 235 SOUTH BERETANIA STREET, SUITE 701 HONOLULU, HAWAII

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1 Department of Health WIC SERVICES BRANCH 235 SOUTH BERETANIA STREET, SUITE 701 HONOLULU, HAWAII LEGAL AD DATE: November 24, 2017 REQUEST FOR PROPOSALS No. RFP HTH-560-WIC SEALED OFFERS FOR ewic Implementation Project Manager (PM) Services Hawaii Women, Infants and Children (WIC) Services Branch Will be received up to 2:00 p.m. Hawaii Standard Time on FEBRUARY 22, 2018 IN THE WIC SERVICES BRANCH, LEIOPAPA A KAMEHAMEHA BUILDING, 235 SOUTH BERETANIA STREET, ROOM 701, HONOLULU, HAWAII DIRECT QUESTIONS RELATING TO THIS SOLICITATION TO LORIE MIMURA, TELEPHONE (808) , FACSIMILE (808) OR AT lorie.mimura@doh.hawaii.gov. Linda Chock Procurement Officer Hawaii Department of Health

2 TABLE OF CONTENTS Page SECTION ONE: INTRODUCTION, TERMS, ACRONYMS AND KEY DATES 1 SECTION TWO: BACKGROUND AND SCOPE OF WORK 6 SECTION THREE: PROPOSAL FORMAT AND CONTENT 13 SECTION FOUR: EVALUATION CRITERIA 21 SECTION FIVE: CONTRACTOR SELECTION AND CONTRACT AWARD 22 SECTION SIX: SPECIAL PROVISIONS 28 SECTION SEVEN: ATTACHMENTS AND EXHIBITS 33 Attachment 1: OFFER Form, OF-1 Attachment 2: OFFER Form, OF-2 Attachment 3: Certification of Compliance for Final Payment, SPO Form-22 Attachment 4: Minimum Project Management Qualifications Form Attachment 5: Labor Rate by Hour/Position Exhibit A: Hawaii ewic Implementation Advanced Planning Document Exhibit B: Contract Form AG-004 and General Conditions AG-008 Exhibit C: Food and Nutrition Service Required Federal Provisions Exhibit D: FFATA Reporting Form Exhibit E: Federal Certifications Exhibit F: Overview of the RFP Process Exhibit G: Insurance Requirements Checklist Link: USDA Handbook 901 v2 Link: Project Management Body of Knowledge (PMBOK) i RFP HTH-560-WIC-17-03

3 1.1 INTRODUCTION SECTION ONE INTRODUCTION, TERMS, ACRONYMS AND KEY DATES The Department of Health (DOH), Family Health Services Division (FHSD), Women, Infants and Children (WIC) Services Branch desires to procure the services of a dedicated Project Manager (PM) who will assist Hawaii WIC Services Branch by providing project management oversight of the project. This contracting service is needed to ensure the project proceeds without error, delay or interruption and is in compliance with the United States Department of Agriculture (USDA), Food and Nutrition Service (FNS) Handbook 901 v2, updated January 2017, which can be obtained on the following Web site: v2-advance-planning-documents-0. Hawaii WIC is soliciting proposals from organizations or individuals that are interested in performing dedicated Project Manager Contractor services for the Electronic Benefits Transfer ( EBT ) implementation of WIC electronic benefits ( ewic ) for the Hawaii WIC Program. The PM Contractor will work alongside the ewic Independent Verification & Validation (IV&V) Contractor. The IV&V Contractor will be procured separately. Anticipated Schedule of Activities Hawaii ewic implementation activities and tentative schedule is provided in Table 1. The Table 1 schedule may be affected by acquisition activities, project funding, required approvals and unanticipated delays in contract execution. Table 1 Tentative High-Level Project Schedule Milestone/Activity Start End USDA Approved Implementation Advanced Planning Document ( IAPD ) and Functional Requirements June 2017 June 2017 ewic Services Provider Negotiations/Contract execution April 2017 March 2018 Implementation Kick off and Planning October 2018 November 2018 User Acceptance Testing (UAT) / Pilot Readiness April 2019 August 2019 Go/No Go Document Submitted to USDA July 2019 August 2019 Pilot August 2019 December 2019 Pilot Evaluation Kickoff and Go/No Go for Statewide Rollout November 2019 December 2019 Rollout January 2020 March 2020 Complete Rollout March 2020 Closeout May 2020 June RFP HTH-560-WIC-17-03

4 1.2 CANCELLATION The RFP may be cancelled and any or all proposals rejected in whole or in part, without liability to the State, when it is determined to be in the best interest of the State. The RFP and any or all proposals may be rejected if the State does not receive United States Department of Agriculture (USDA) Food and Nutrition Service (FNS) funding required to proceed with the project and subsequent contract. 1.3 TERMS AND ACRONYMS USED THROUGHOUT THE SOLICITATION APD Advance Planning Document ASO Administrative Services Office P.O. Box 3378, Honolulu, Hawaii Authorized Product List The State Agency s list of WIC authorized items. It is used for validation by the Point of Sale during the EBT transaction process. (APL) BAFO Best and Final Offer CQuest HiWIC Transfer and Implementation Contractor system developer CSC Hawaii s banking contractor for processing FI and CVC transactions Chip-and-PIN Chip-based bankcards and a mandatory PIN entry for use (i.e. Smartcard). Clinic The location that the participant receives food benefits, nutrition education, and health care referrals. It includes temporary and permanent locations. CVC CVV CPO Day DOH EBT ewic ECR ESC FI/CVV FNS GC HAR HCE HiWIC HRS HST Certificate of Vendor Compliance Hawaii Compliance Express Cash Value Voucher a fixed-dollar amount check, voucher, electronic benefit transfer (EBT) card or other document which is used by a participant to obtain authorized fruits and vegetables. Cash-value voucher is also known as cash-value benefit (CVB) in an EBT environment. Chief Procurement Officer Calendar day unless otherwise indicated State of Hawaii Department of Health Electronic Benefit Transfer (EBT): is an electronic system that replaces paper vouchers with a card for food benefit issuance and redemption at an authorized WIC grocery store. An electronic method that replaces paper vouchers with a card to access WIC food benefits. Electronic Cash Register Executive Steering Committee Food Instrument/Cash Value Voucher - a fixed-dollar amount check, voucher, or other document which is used by a participant to obtain authorized fruits and vegetables. United States Department of Agriculture Food and Nutrition Service General Conditions issued by the Department of the Attorney General Hawaii Administrative Rules Hawaii Compliance Express Hawaii s Transferred and Implemented MIS Hawaii Revised Statutes Hawaii Standard Time 2 RFP HTH-560-WIC-17-03

5 IAPD Implementation Advance Planning Document IS/IT Information System/Information Technology IV&V Independent Verification & Validation Contractor that will assist Hawaii WIC in the ewic implementation. LA Local Agency includes both state run and contracted providers MIS Management Information System National UPC A national database that contains WIC approved products authorized in Database WIC state agencies operating a WIC EBT system. (NUPC) NTE Not to exceed value. Offeror Any individual, partnership, firm, corporation, joint venture, or representative or agent submitting an offer in response to this solicitation One Card An EBT card that could be used to access multiple benefits (SNAP and WIC). Online An EBT system where payment is made with an EBT card (magnetic strip). PAPD Planning Advance Planning Document PM Project Manager that will assist Hawaii WIC in the ewic implementation. Point of Sale Refers to the capturing of data and customer payment information at a (POS) physical location when goods or services are bought and sold. The POS transaction is captured using a variety of devices which include computers, cash registers, optical and bar code scanners, magnetic card readers, or any combination of these devices. Price Lookup A four (4) or five (5) digit number that is often assigned to produce items. (PLU) The PLU for most produce items are often uniform across all retailers. Procurement Contracting officer for the State of Hawaii Department of Health Officer RFP Request for Proposals SA State WIC Agency State State of Hawaii, including each department and political subdivisions Supplemental Formerly known as the Food Stamp Program. SNAP provides nutrition Nutrition assistance benefits to eligible low-income households that can be used to Assistance purchase foods from authorized food retailers, thereby providing a food Program security safety net. The SNAP program in Hawaii is administered by the (SNAP) Department of Human Services. SAM State Agency Model. Systems approved for transfer to other agencies with minimal changes. SOT State Office Tower, 235 South Beretania Street, Suite 701, Honolulu, Hawaii location of the WIC State Agency. SWICH Serving Women, Infants and Children In Hawaii, WIC s legacy MIS T&I Transfer and Implementation TIG Technical Implementation Guide Universal An eight (8) or twelve (12) digit unique number that is assigned to nearly Product Code every item found in grocery stores. (UPC) UAT User Acceptance Testing USDA United States Department of Agriculture 3 RFP HTH-560-WIC-17-03

6 Vendor WAN WSEA WIC WIC Authorized Retail Store Wide Area Network Western States EBT Alliance Special Supplemental Nutrition Program for Women, Infants and Children 1.4 RFP SCHEDULE AND SIGNIFICANT DATES The schedule represents the State s best estimate of the schedule that will be followed. All times indicated is Hawaii Standard Time (HST). If a component of this schedule, such as "Proposal Due Date/Time" is delayed, the rest of the schedule will likely be shifted by the same number of days. Any change to the RFP Schedule and Significant Dates shall be reflected in and issued in an addendum and posted to the State Procurement Notices Website at: The approximate schedule is as follows: Release of Request for Proposals 11/24/2017 Due date to Submit Questions 12/08/2017 State s Response to Questions 12/08/ /29/2017 Proposals Due in Hawaii WIC Services Branch; time date stamped by Hawaii WIC Services Branch and Opened 02/22/2018, 2:00 p.m. (HST) Discussions with Priority Listed Prospective Offerors TBD (if necessary) Proposal Evaluations 02/26/ /14/2018 Best and Final Offer (if necessary) TBD Notice of Award 04/2018 Contract Start Date State s Notice to Proceed 1.5 PRE-PROPOSAL CONFERENCE A pre-proposal conference will not be held for this solicitation. 1.6 QUESTIONS AND ANSWERS PRIOR TO OPENING OF PROPOSALS All questions shall be submitted in writing and ed to Lorie Mimura, Contracts Unit, Hawaii WIC Services Branch, lorie.mimura@doh.hawaii.gov, by the due date specified in Section 1.4, RFP Schedule and Significant Dates, or as amended. The State will respond to questions through Addenda by the date specified in Section 1.4, RFP Schedule and Significant Dates, or as amended. Addenda shall be posted to The State Procurement Notices website at CONTACTS For technical questions related to WIC information technology (IT), please contact: 4 RFP HTH-560-WIC-17-03

7 Gordon Chinen WIC Information System Section Chief (808) For questions related to RFP format and contracting matters, please contact: Lorie Mimura Contracts Unit (808) For questions related to Vendor Management, please contact: Tim Freeman Vendor Management Specialist IV Vendor Management Unit (808) MAILING INSTRUCTIONS Deadline for all proposals received at SOT is 2:00p.m. (HST), February 22, See Section of this RFP. Mail Proposals to: 235 South Beretania Street, Suite 701 Honolulu, Hawaii Attention: Contracts Unit 1.9 RESTRICTIONS Combination contracts for Independent Verification & Validation (IV&V) Contractor and Project Management (PM) shall not be allowed and submissions of proposals for both ewic IV&V and PM shall be accepted but the awarded contractor for ewic IV&V shall not be the same as the awarded contractor for ewic PM ewic INDEPENDENT VERIFICATION & VALIDATION CONTRACTOR (IV&V) A dedicated ewic IV&V Contractor will be acquired through a separate RFP solicitation. 5 RFP HTH-560-WIC-17-03

8 SECTION TWO BACKGROUND AND SCOPE OF WORK 2.1. PROJECT OVERVIEW AND HISTORY The Special Supplemental Nutrition Program for Women, Infants and Children (WIC) is a 100% federal funded nutrition program administered under an agreement between each geographic state or Indian Tribal Organization and the United States Department of Agriculture (USDA), Food and Nutrition Service (FNS). The Department of Health (DOH) is Hawaii s designated State Agency (SA). Hawaii WIC serves approximately 30,000 eligible participants in 19,000 households each month who receive Food Instruments (FI) and Cash Value Vouchers (CVV) for transacting at over 136 vendors (WIC authorized retail grocers). The WIC Services Branch administers 16 local agencies (LAs) to provide the delivery of services to participants. Hawaii WIC contracts with a pharmacy for the purchase of home and LA delivery and/or shipping of special infant formula and medical nutritionals. Special formula and medical nutritionals are ordered through a call center located on Oahu. Clients pick up medical nutritionals at one of Contractor s locations located throughout the state, on nearly all islands to pick up the specialty formula and medical nutritionals. Hawaii WIC expects this vendor or similar future vendor(s) to be paid by EBT card transaction at the time of purchase. The 2010 authorization of the Healthy Hunger-Free Kids Act mandates that all states implement ewic by October ewic provides the ability to issue benefits electronically to WIC participants, eliminating the need for issuance of paper WIC checks, also known as FIs or CVVs. When ewic is implemented, the HiWIC MIS system must interface with the selected ewic system(s) and together they must provide the functions and interfaces to outside systems necessary to issue, redeem, and settle WIC benefits electronically. Hawaii WIC is a member of the Western States EBT Alliance (WSEA) in conjunction with WSEA, DOH has awarded a contract to Fidelity Information Services, LLC (FIS) for provision of ewic services. The WSEA coalition includes the states of Alaska, Arizona, Colorado, Guam, Hawaii, Idaho, Nebraska, and Wyoming. FIS was selected as the winning bidder of the procurement. Their proposal provided cost information for the system components, hardware, software, interfaces, transaction processing, card production, cardholder and retailer customer service, as well as other services necessary for ewic implementation and operation. The State WIC contracts with FIS are in the early stages of execution. Department of Human Services contracts separately with FIS for SNAP. Currently, enrolled WIC participants receive between one (1) to ten (10) FIs and/or CVVs, as determined by WIC LAs on a monthly, bi-monthly, or tri-monthly basis. Authorized representatives use FIs and/or CVVs to buy specific foods in specific quantities. CVVs have fixed values at $4, $8, $11, or $16.50 to eligible participants and 6 RFP HTH-560-WIC-17-03

9 are used to purchase fruits and vegetables at WIC authorized retail vendor. The Vendor is a grocery store that has an agreement with Hawaii WIC to provide approved foods. Hawaii WIC currently has 136 Vendor Agreement that are effective for a period of three (3) years. Hawaii WIC implemented a new Management Information System ( MIS ) called HiWIC, rollout was completed May 31, 2017 and is now ready for final modifications to convert to issuing EBT benefits to WIC participants. WIC Services Branch has contracted cquest, as the developer of HiWIC to provide MIS system support as well as any development required for enhancements to the system. 2.2 SCOPE OF WORK A. ewic Project Manager (PM) A dedicated ewic PM will provide management and oversight of the project. The ewic PM will, with Executive Steering Committee (ESC) approval, have the authority to make decisions determining the operation, order, and management of the project including the prioritization of cost, schedule, scope, and quality. The work is not anticipated to require full time support and it is assumed that the percentage of time spent on the project by the PM Contractor will fluctuate over the life of the project. The ewic PM Contractor will be responsible for day to day ewic project related resource management, change management assistance, assistance with all project coordination activities between the FIS contractors, cquest, Independent Verification & Validation (IV&V) Contractor and the State Agency (SA) as well as reporting to the WIC Director, Section and Unit Chiefs. While the PM is not required to be onsite full time, it is anticipated that they will be onsite frequently to work with State WIC staff, the contractors and the project stakeholders. The ideal candidate will be a certified Project Management Professional (PMP), have prior project management experience with projects of similar scope and complexity. It is also desired, but not required that they have prior EBT or ewic experience. B. Deliverables Project Manager Requirements Table 2 1. Status Reports 2. Consolidated Deliverable Comments 3. Integrated Communications Plan 4. Change Management Plan 5. Integrated Project Management Work Plan and Schedule 6. Deliverable Review Comments 7. Meeting Minutes 8. Action Items List 7 RFP HTH-560-WIC-17-03

10 9. Risk Management Plan 10. Other documents as determined necessary in the management of the project such as memos, USDA quarterly and annual reports for submittal to USDA FNS and documentation of research or recommendations. The ewic PM Contractor shall provide the following: 1. Project Management Plan A draft shall be submitted to the WIC Director within three (3) weeks of execution of the ewic PM contract. Vendor Management Unit Head will be the liaison for developing this plan utilizing the Hawaii ewic Project IAPD (see Exhibit A). In conjunction with the Executive Steering Committee, the ewic PM Contractor shall: a) Be responsible for all aspects of managing the project; b) Create a project management plan and provide input and guidance. Any project management plan development shall consider the technical and business needs of all stakeholders; c) Develop WIC programmatic project milestones, work plans, resource allocations, and report on requirements on behalf of the Hawaii WIC Program; d) Prepare and submit monthly project status reports to WIC Director; e) Schedule and facilitate meetings and teleconference calls with stakeholders; f) Provide oversight of the plan implementation and status; g) Serve as project manager for the implementation of ewic and assure management processes are followed and risk mitigation plans are identified and executed; h) Manage State project staff activities associated with the project; i) Manage stakeholder engagement; j) Review and submit contractor deliverables to WIC Director for approval; k) Review contractor invoices for agreement with requirements; l) Maintain project document SharePoint repository; and m) Represent project at meetings on behalf of the agency. 2. Planning Phase a) Organize project and assigned state staff, Vendors, and Clinic Coordinators; b) Initiate communications with stakeholders; c) Support contracting activities; d) Develop additional plans as needed/update existing plans as needed; and e) Plan for project initiation. 8 RFP HTH-560-WIC-17-03

11 3. Implementation Planning Phase a) Plan and facilitate project initiation meeting; b) Participate in requirements validation sessions; c) Consolidate deliverable review and comments; d) Monitor MIS ewic functionality; e) Monitor interface MIS ewic development; f) Support FIS in the facilitation of vendor enablement activities; g) Facilitate stakeholder work groups for implementation planning areas such as for clinic readiness; and h) Oversee and provide guidance for additional UPC collection (as needed). 4. Testing a) Schedule and facilitate UAT activities; and b) Upon Executive Steer Committee approval, prepare pilot go/no go decision document for submittal to USDA FNS. 5. Implementation a) Assist in scheduling of training at clinics; b) Monitor training activities; c) Support pilot preparation; d) Monitor and support pilot operations; e) Review and participate in approval of pilot evaluation; f) Prepare rollout go/no go decision; g) Support rollout preparation; and h) Monitor and support rollout operations. 6. Develop/Execute Project Change-Management Plan a) Ensure that changes to the baseline project plan are analyzed and necessary for the project scope and deliverables; b) Log all requests and facilitate the review and approval process for all system change requests; c) Track and manage the scope, budget, and quality of changes in regards to meeting the timeline, being under budget and adhering to defined quality standards; d) Confirm that all identified system change-management items are documented, including cost, schedule, and resource impacts; and e) Track the progress and completion of all system changemanagement items. 9 RFP HTH-560-WIC-17-03

12 7. Manage the USDA-FNS Review, Approval, and Reporting Requirements a) Prepare agendas and minutes of USDA-FNS meetings and conference calls; b) Participate in USDA-FNS meetings and conference calls; c) Prepare annual Implementation Advance Planning Document Update ( IAPDU ) reports for WIC Director review prior to submittal to USDA-FNS; d) Prepare and submit go/no-go assessments and recommendations after the User Acceptance Testing (UAT) pilot and evaluation; e) Respond to USDA-FNS requests for information pertaining to the HI ewic project; and f) Prepare quarterly EBT Tech Grant reports for submittal to WIC Director. 8. Project Close Out a) Ensure SharePoint repository contains final documentation; b) Compile lessons learned; c) Document that the risk management plan was completed; d) Document project actual expenses compared to budget; e) Support IAPD close out activities; f) Complete knowledge transfer to State ongoing ewic coordinator; and g) Facilitate and document the project closeout meeting. C. Support to the Hawaii WIC Program The ewic PM Contractor shall provide support and guidance to Hawaii WIC Services Branch. This includes (but is not limited to); supplying agendas for meetings, arranging meetings and conference calls, compiling and distributing minutes, maintaining documentation, and cooperating with Hawaii WIC to fulfill any new and/or special federal requirements. The ewic PM Contractor shall also act to identify best practices and risks to ensure the projects remain on schedule and within budget. The ewic PM Contractor shall identify items which could cause failure, mitigate risks and alert management to risks according to the change/risk management process proposal. The ewic PM Contractor shall also work closely with ewic Service Provider, FNS, State users, authorized WIC vendors, banking service providers, and other stakeholders. For these requirements to be effectively fulfilled, work space for one (1) ewic Project Manager Contractor shall be provided by Hawaii WIC on-site at the WIC SA office as needed. Hawaii WIC requires that Offeror describe their on site schedule in their proposal. 10 RFP HTH-560-WIC-17-03

13 D. Provide and Maintain Project Documentation The ewic PM Contractor shall use a document repository designated by the State of Hawaii, which is likely a Department of Health SharePoint site, over the life of the contract. E. Project Management Deliverables The ewic PM Contractor shall provide the following deliverables: a) Weekly status report(s) to the WIC Director. The Status Reports shall provide a clear understanding that clearly outlines the progress of the prior week to include, but not limited to: 1) Activities completed during the past week; 2) Activities that will be undertaken over the coming week or continued from the previous week; 3) Status of hardware and materials ordered and delivered; 4) Status of WIC retailer enablement; 5) MIS Contractor and ewic Service Provider Contract performance; and 6) Risk assessment and mitigation strategy. b) Consolidated Deliverable Comments for Deliverables in Table 2; c) Integrated Communications Plan; d) Scope Change Management Plan for project scope; e) Integrated Project Management Plan and Schedule due within three (3) weeks of awarding of PM contract; f) Deliverable Review Comments for Deliverables in Table 2; g) Meeting Minutes; h) Action Items List; i) Risk Management Plan; j) Quarterly EBT Tech Grant reports to WIC Director; k) Submit completed WIC EBT Advanced Planning Document (APD) Annual Update Report; and l) Other documents as determined necessary in the management of the project such as memos and documentation of research or recommendations. 2.3 HAWAII DEPARTMENT OF HEALTH, WIC SERVICES BRANCH RESPONSIBILITIES Executive Steering Committee (ESC) The State s ESC will be responsible for the oversight of the ewic implementation project and the approval and acceptance of all contractor deliverables. The ESC will be made up of the following State staff members: 11 RFP HTH-560-WIC-17-03

14 WIC Services Branch Chief DOH, Health Information Systems Officer ( HISO ) Chief WIC Services Branch, Information Technology Section Chief WIC Services Branch, Program Support Section Chief WIC Services Branch, Clinic Operations Section Chief WIC Services Branch, Administrative Services Section Chief WIC Services Branch Vendor Management Unit Head WIC Services Branch Chief will serve as the State s ESC Chair and Project Executive, WIC Services Branch Vendor Management Unit Head, will serve as lead vendor liaison and WIC Services Branch IT Chief will serve as lead technical liaison between the ESC and ewic PM Contractor. In addition to the above, the State's Executive Steering Committee shall be responsible for the following: 1. Providing oversight of the project in terms of monitoring a) the contract, b) the ewic PM Contractor, c) the IV&V Contractor and d) the ewic Services Provider; 2. Reviewing and accepting the deliverables for the WIC Program; 3. Determining if the project is on schedule, and if not, determine the cause and make appropriate adjustments; 4. Monitoring the expenditures that have been made, ensure adequacy of project funding, and maintain the project budget schedule; 5. Monitoring contract and prepare contract modifications; and 6. Submitting project reports to the USDA FNS and attend required meetings. 2.4 TERM OF CONTRACT This is a multi-term contract solicitation that has been deemed to be in the best interest of the State by the Director of the State of Hawaii Department of Health. The initial term of the contract shall be for one (1) year period starting on the official commencement date of the State s Notice to Proceed. Unless terminated, the PM Contractor or the State may extend the term of the contract for additional two (2) twelve (12) month period or portions thereof without the necessity of re-soliciting, upon mutual agreement in writing at least sixty (60) days prior to the expiration of the contract. The contract price paid to the Contractor for the extended period shall remain the same or as described in the offer. 2.5 CONTRACT ADMINISTRATOR For the purposes of this contract, Linda Chock, WIC Services Branch Chief, is designated the Contract Administrator. 12 RFP HTH-560-WIC-17-03

15 SECTION THREE PROPOSAL FORMAT AND CONTENT 3.1 OFFEROR S AUTHORITY TO SUBMIT AN OFFER The State will not participate in determinations regarding an Offeror's authority to sell a product or service. If there is a question or doubt regarding an Offeror's right or ability to obtain and sell a product or service, the Offeror shall resolve that question prior to submitting an offer. The evaluation process must be manageable and effective. There is no intention to limit the content of a proposal, and the Offeror may include additional information if so desired. The Offeror shall prepare a written proposal, in a narrative format, that will fully describe the services and compensation schedule the Offeror proposes in response to this RFP. Offeror shall include all the information requested in this RFP in the order specified. 3.2 REQUIRED REVIEW Before submitting a proposal, each Offeror must thoroughly and carefully examine this RFP, any attachment, addendum, and other relevant document, to ensure Offeror understands the requirements of the RFP. Offeror must also become familiar with State, local and Federal laws, statutes, ordinances, rules, and regulations that may, in any manner, affect cost, progress, or performance of the work required Should Offeror find defects and questionable or objectionable items in the RFP, Offeror shall notify the Hawaii WIC Services Branch in writing prior to the deadline for written questions as stated in the RFP Schedule and Significant Dates, as amended. This will allow the issuance of any necessary corrections and/or amendments to the RFP by addendum, and mitigate reliance of a defective solicitation and exposure of proposal(s) upon which award could not be made. 3.3 PROPOSAL PREPARATION COSTS Any and all costs incurred by the Offeror in preparing or submitting a proposal shall be the Offeror s sole responsibility whether or not any award results from this RFP. The State shall not reimburse such costs. 3.4 TAX LIABILITY Work to be performed under this solicitation is a business activity taxable under HRS Chapter 237, and if applicable, taxable under HRS Chapter 238. Contractor Bank is advised that they are liable for the Hawaii General Excise Tax (GET) at the current 4.5% for sales made on Oahu, and at the 4% rate for the islands of 13 RFP HTH-560-WIC-17-02

16 Hawaii, Maui, Molokai, and Kauai. If, however, an Offeror is a person exempt by the HRS from paying the GET and therefore not liable for the taxes on this solicitation, Offeror shall state its tax exempt status and cite the HRS chapter or section allowing the exemption Federal I.D. Number and Hawaii General Excise Tax License I.D. Offeror shall submit its current Federal I.D. No. and Hawaii GET License I.D. number in the space provided on Offer Form, page OF-1, thereby attesting that the Offeror is doing business in the State and that Offeror will pay such taxes on all sales made to the State. 3.5 PROPERTY OF STATE All proposals become the property of the State of Hawaii. 3.6 CONFIDENTIAL INFORMATION If an Offeror believes that any portion of a proposal, offer, specification, protest, or correspondence contains information that should be withheld from disclosure as confidential, then the Offeror shall inform the Procurement Officer named on the cover of this RFP in writing and provided with justification to support the Offeror s confidentiality claim. Price is not considered confidential and will not be withheld An Offeror shall request in writing nondisclosure of information such as designated trade secrets or other proprietary data Offeror considers to be confidential. Such requests for nondisclosure shall accompany the proposal, be clearly marked, and shall be readily separable from the proposal order to facilitate eventual public inspection of the non-confidential portion of the proposal. 3.7 EXCEPTIONS Should Offeror take any exception to the terms, conditions, specifications, General Conditions or other requirements listed in the RFP, Offeror shall list such exceptions in this section of the Offeror s proposal. Offeror shall reference the RFP section where exception is taken, a description of the exception taken, and the proposed alternative, if any. The State reserves the right to accept or not accept any exceptions. No exceptions to statutory requirements of the AG General Conditions shall be considered. 3.8 PROPOSAL OBJECTIVES One of the objectives of this RFP is to make proposal preparation easy and efficient, while giving Offerors ample opportunity to highlight their proposals. The evaluation process must also be manageable and effective. 14 RFP HTH-560-WIC-17-03

17 3.8.2 Proposals shall be prepared in a straightforward and concise manner, in a format that is reasonably consistent and appropriate for the purpose. Emphasis will be on completeness and clarity and content When an Offeror submits a proposal, it shall be considered a complete plan for accomplishing the tasks described in this RFP and any supplemental tasks the Offeror has identified as necessary to successfully complete the obligations outlined in this RFP The proposal shall describe in detail, the Offeror s ability and availability of services to meet the goals and objectives of this RFP as stated in Section 2.2 Scope of Work Offeror shall submit a proposal that includes an overall strategy, timeline and plan for the work proposed as well as expected results and possible shortfalls. 3.9 PROPOSAL FORMS To be considered responsive, the Offeror s proposal shall respond to and include all items specified in this RFP and any subsequent addendum. Any proposal offering any other set of terms and conditions that conflict with the terms and conditions providing in the RFP or in any subsequent addendum may be rejected without further consideration. Offerors proposals must include all completed forms in Section 7 of this RFP Offer Form, Page OF-1. Offer Form, OF-1 is required to be completed using Offeror s exact legal name as registered with the Department of Commerce and Consumer Affairs, if applicable, in the appropriate space on Offer Form, OF-1 (Section 7, Attachment 1). Failure to do so may delay proper execution of the Contract. The Offeror s authorized signature on the Offer Form, OF-1 shall be an original signature in blue ink, which shall be required before an award, if any, can be made. The submission of the proposal shall indicate Offeror s intent to be bound Offer Form, Page OF-2. Pricing shall be submitted on Offer Form OF-2 (Section 7, Attachment 2). The price shall be the all-inclusive cost, including the GET, to the State. No other costs will be honored. Any unit prices shall be inclusive. a. Besides the project s proposed total cost, the Offeror shall also provide an itemized budget based upon the following ten (10) deliverables: 1) Status Reports; 2) Consolidated Deliverable Comments; 3) Integrated Communication Plans; 4) Change Management Plan; 5) Integrated Project Management Work Plan and Schedule; 15 RFP HTH-560-WIC-17-03

18 6) Deliverable Review Comments; 7) Meeting Minutes; 8) Action Items List; 9) Issues List; and 10) Other documents as determined necessary in the management of the project such as memos and documentation of research or recommendations. b. Miscellaneous Expenses: 1) Travel, either inter-island or mainland 2) Lodging (if applicable) Travel and Lodging costs shall be in accordance with GC paragraph number 16, attached to the RFP as Exhibit B. Payments to the successful Offeror shall be based upon deliverables listed above; however, the exact dates for payment may be subject to negotiations Minimum PM Qualifications Form. Offerors ability to meet the minimum qualifications as described in Section 3.10 must be submitted on the Minimum PM Qualifications Form (Section 7, Attachment 4) Labor Rate Form. Contract may be extended for time, or time and money. (See Section 7, Attachment 5) Budget Proposals that fail to provide a cost for every deliverable in the Cost Proposal Form shall be considered non-responsive. Proposals should factor into this budget all overhead to complete this project, including, travel, airfare, lodging, vehicle rental, and other incidental expenses necessary to conduct official business. For budgeting purposes, the contractor shall plan on visits to vendors in the following community areas: the islands of Oahu, Maui, Lanai, Molokai, Kauai and the island of Hawaii. The final list of vendors will be negotiated with the ESC. Once awarded, successful Offeror shall submit a payment schedule for review and approval by Hawaii WIC. Approved payment schedule shall be included in Contract. 16 RFP HTH-560-WIC-17-03

19 3.10 Minimum PM Qualifications The successful Offeror must have a varied skill set and demonstrated capability or experience working with governmental, financial or health care projects. Understanding of project management and project planning is essential, including knowledge ewic Management Information Systems and regulations. The successful Offeror must have a track record of involvement in successful on-time, on-budget delivery of projects. The Offeror should have experience in project management, planning and working with WIC systems. The successful Offeror must meet the following minimum prior experience requirements to be considered for further evaluation: 1. Five (5) years of Project Management experience, for projects of similar size and scope, one (1) of which must be in the last five years; 2. Preferred but not required, minimum three (3) years of WIC or SNAP Program, including WIC MIS, experience within the last five (5) years; and 3. Knowledge or experience with ewic project implementation. Work space for one (1) ewic Project Manager Contractor shall be provided on-site at the State Office Tower. Any staffing changes proposed by the PM Contractor must meet prior approval of the Contract Administrator. An Offeror s failure to meet these minimum prior experience requirements may cause their proposal to be considered non-responsive and their proposal will be rejected. Detailed evidence of meeting minimum prior experience must be shown in the experience section of the Offeror s proposal PROPOSAL CONTENTS Offeror Proposals must: Include a transmittal letter to confirm that the Offeror shall comply with the requirements, provisions, terms, and conditions specified in this RFP Include one (1) original signed (in blue ink) Offer Form OF-1 and one (1) original Proposal with four (4) copies of signed Offer form OF-1, and four (4) copies of Proposal, with the complete name and address of Offeror s firm and the name, mailing address, telephone number, and fax number of the person the State should contact regarding the Offeror s proposal Provide all the information requested in this RFP in the order specified. 17 RFP HTH-560-WIC-17-03

20 If subcontractor(s) will be used, append a statement to the transmittal letter from each subcontractor, signed by an individual authorized to legally bind the subcontractor and stating: a. The general scope of work to be performed by the subcontractor; b. The subcontractor s willingness to perform the indicated activities Be organized into sections following the exact format using all titles, subtitles, and numbering, with tabs separating each section described below. Each section must be addressed individually and pages must be numbered. a. Transmittal Letter Proposals shall also include the Offerors completed Offer Form OF-1; See Section 7, Attachment 1. b. Experience and Capabilities. Proposals shall describe the Offeror s qualifications for performing the ewic PM Contractor services. The Experience and Capabilities Section must also include: 1) A complete, relevant, and current client listing. This client list shall include the following information: a) WIC or non-wic related business; b) Nature of the service provided, Project Manager Contractor; c) Length of time; start and end dates; including month and year; and d) Contact information of clients, and particularly, individuals who have direct knowledge of Offeror s work. This list will be the primary reference listing used to evaluate Offerors Experience and Capabilities. 2) The number of years Offeror has been in business and the number of years Offeror has performed services specified by this RFP; 3) Listing of key personnel and associated resumes for those who will be dedicated to this project; 4) A list of at least three (3) references from the Offeror s client listing that may be contacted by the State as to the Offeror s past and current job performance. Offeror shall provide names, titles, organizations, telephone numbers, and postal addresses; 5) A summary listing of judgments or pending lawsuits or actions; adverse contract actions, including termination(s), suspension, imposition of penalties, or other actions relating to failure to perform or deficiencies in fulfilling contractual obligations against your firm. If none, so state; and 18 RFP HTH-560-WIC-17-03

21 6) A list of samples of projects and/or examples of written plans and schedules of projects similar to those described in this RFP. c. Proposal including an overall strategy, timeline and plan. d. A brief description of the Offeror s proposed PM approach for ewic implementation including a description of relationship to the quality assurance contractor, ewic Services Provider and State. e. Cost and Pricing Data including Labor Categories and associated hourly rate of pay for Offeror s proposed staff. (See Section 7, Attachment 5). f. Pricing; See Section 7, Attachment 2, Offer Form OF-2. g. Offeror s exceptions to the State General Conditions or any portion of this RFP (see Section 3.7) RECEIPT AND REGISTER OF PROPOSALS Proposals will be received and receipt verified by two or more procurement officials on or after the date and time specified in Section 1.4, or as amended. The register of proposals and proposals of the Offeror(s) shall be open to public inspection upon posting of award pursuant to section 103D-701, HRS BEST AND FINAL OFFER (BAFO) If the State determines a BAFO is necessary, it shall request one from the Offeror. The Offeror shall submit its BAFO and any BAFO received after the deadline or not received shall not be considered MODIFICATION PRIOR TO SUBMITTAL DEADLINE OR WITHDRAWAL OF OFFERS The Offeror may modify or withdraw a proposal before the proposal due date and time Any change, addition, deletion of attachment(s) or data entry of an Offer may be made prior to the deadline for submittal of offers MISTAKES IN PROPOSALS Mistakes shall not be corrected after award of contract When the Procurement Officer knows, or has reason to conclude before award that a mistake has been made, the Procurement Officer should request the Offeror to confirm the proposal. If the Offeror alleges mistake, the proposal may be corrected or withdrawn pursuant to this section Once discussions are commenced or after Best and Final Offers are requested, any priority-listed Offeror may freely correct any mistake by modifying or 19 RFP HTH-560-WIC-17-03

22 withdrawing the proposal until the time and date set for receipt of best and final offers If discussions are not held, or if the Best and Final Offers upon which award will be made have been received, mistakes shall be corrected to the intended correct Offer whenever the mistake and the intended correct Offer are clearly evident on the face of the proposal, in which event the proposal may not be withdrawn If discussions are not held, or if the best and final offers upon which award will be made have been received, an Offeror alleging a material mistake of fact which makes a proposal non-responsive may be permitted to withdraw the proposal if; the mistake is clearly evident on the face of the proposal but the intended correct offer is not; or the Offeror submits evidence which clearly and convincingly demonstrates that a mistake was made. Technical irregularities are matters of form rather than substance evident from the proposal document, or insignificant mistakes that can be waived or corrected without prejudice to other Offerors; that is, when there is no effect on price, quality, or quantity. If discussions are not held, or if best and final offers upon which award will be made have been received, the Procurement Officer may waive such irregularities or allow an Offeror to correct them if either is in the best interest of the State. Examples include the failure of an Offeror to: return; the number of signed proposals required by the request for proposals, sign the proposal, but only if the unsigned proposal is accompanied by other material indicating the Offeror s intent to be bound; or to acknowledge receipt of an amendment to the request for proposal, but only if it is clear from the proposal that the Offeror received the amendment and intended to be bound by its terms; or the amendment involved had no effect on price, quality or quantity. 20 RFP HTH-560-WIC-17-03

23 SECTION FOUR EVALUATION CRITERIA 4.1 INTRODUCTION Offeror: RFP Number: RFP Title: Date: The award will be made to the responsible Offeror whose proposal is determined to be the most advantageous to the State based on the evaluation criteria listed in this section. Evaluated By: Evaluation Criteria Maximum Points Qualifications: Experience & Capabilities references 15 Project Management experience 15 EBT Implementation experience 10 MIS Implementation experience 10 WIC Experience 5 Proposed Project Work Plan (high level w/schedule) 8 Offeror Interview: 15 Pricing and Budget: Completeness of Budget 5 The proposal with the lowest proposed cost will receive the maximum 5 points allowed and is determined by applying the following formula: Lowest price Offeror s proposed price x 5 points = Financial points Miscellaneous: Completeness/Understanding of Project 5 Proposal Organization and Clarity 5 Offeror s Business Organization 2 Total Maximum Points (100) Total Score Comments: Recommend for Award Not Recommended for Award 21 RFP HTH-560-WIC-17-03

24 SECTION FIVE CONTRACTOR SELECTION AND CONTRACT AWARD 5.1 EVALUATION OF PROPOSALS The Procurement Officer, or an evaluation committee of at least three (3) qualified State employees selected by the Procurement Officer, shall evaluate proposals. The evaluation will be based solely on the evaluation criteria set out in Section 4 of this RFP. Prior to holding any discussion, a priority list shall be generated consisting of offers determined to be acceptable or potentially acceptable. However, proposals may be accepted without such discussions. If numerous acceptable and potentially acceptable proposals are submitted, the evaluation committee may limit the priority list to the three highest ranked, responsible Offerors. 5.2 DISCUSSION WITH PRIORITY LISTED OFFERORS The State may invite priority listed Offerors to discuss with their proposals to ensure thorough, mutual understanding. The State in its sole discretion shall schedule the time and location for these discussions, generally within the timeframe indicated in RFP Schedule and Significant Dates. The State may also conduct discussions with priority listed Offerors to clarify issues regarding the proposals before requesting Best and Final Offers, if necessary. 5.3 AWARD OF CONTRACT Method of Award. Award will be made to the responsible Offeror whose proposal is determined to be the most advantageous to the State based on the evaluation criteria set forth in the RFP. 5.4 RESPONSIBILITY OF OFFERORS Offeror is advised that to be awarded a contract under this solicitation, Offeror will be required, to be compliant with all laws governing entities doing business in the State including the following chapters and pursuant to HRS 103D-310(c): 1. Chapter 237, General Excise Tax Law; 2. Chapter 383, Hawaii Employment Security Law; 3. Chapter 386, Worker s Compensation Law; 4. Chapter 392, Temporary Disability Insurance; 5. Chapter 393, Prepaid Health Care Act; and D-310(c), Certificate of Good Standing (COGS) for entities doing business in the State. 22 RFP HTH-560-WIC-17-02

25 The State will verify compliance on Hawaii Compliance Express (HCE). Hawaii Compliance Express. The HCE is an electronic system that allows vendors/contractors/service providers doing business with the State to quickly and easily demonstrate compliance with applicable laws. It is an online system that replaces the necessity of obtaining paper compliance certificates from the Department of Taxation, Federal Internal Revenue Service, Department of Labor and Industrial Relations, and Department of Commerce and Consumer Affairs. Vendors/contractors/service providers should register with (HCE) prior to submitting an offer at The annual registration fee is $12.00 and the Certificate of Vendor Compliance is accepted for the execution of contract and final payment. Timely Registration on HCE. Vendors/contractors/service providers are advised to register on HCE soon as possible. If a vendor/contractor/service provider is not compliant on HCE at the time of award, an Offeror will not receive the award. 5.5 PROPOSAL AS PART OF THE CONTRACT This RFP and all or part of the successful proposal may be incorporated into the contract. 5.6 PUBLIC EXAMINATION OF PROPOSALS Except for confidential portions, the proposals shall be made available for public inspection upon posting and execution of award pursuant to HRS 103D-701. If a person is denied access to a State procurement record, the person may appeal the denial to the office of information practices in accordance with HRS 92F-42(12). 5.7 DEBRIEFING Pursuant to HAR , a non-selected Offeror may request a debriefing to understand the basis for award. A written request for debriefing shall be made within three (3) working days after the posting of the award of the contract. The Procurement Officer or designee shall hold the debriefing within seven (7) working days to the extent practicable from the receipt date of written request. Any protest by the requestor following a debriefing, shall be filed within five (5) working days, as specified in HAR 103D-303(h). 23 RFP HTH-560-WIC-17-03

26 5.8 PROTEST PROCEDURES Pursuant to HRS 103D-701 and HAR , an actual or prospective Offeror who is aggrieved in connection with the solicitation or award of a contract may submit a protest. Any protest shall be submitted in writing to the Procurement Officer at: Procurement Officer Department of Health Administrative Services Office P.O. Box 3378 Honolulu, Hawaii And a copy of the protest to: WIC Services Branch 235 South Beretania Street, Suite 701 Honolulu, Hawaii A protest shall be submitted in writing within five (5) working days after the aggrieved person knows or should have known of the facts giving rise thereto; provided that a protest based upon the content of the solicitation shall be submitted in writing prior to the date set for receipt of offers. Further provided that a protest of an award or proposed award shall be submitted within five (5) working days after the posting of award or if requested, within five (5) working days after the PO s debriefing was completed. The Notice of Award, if any, resulting from this solicitation shall be posted on the Procurement Awards, Notices and Solicitations (PANS), which is available on the SPO website: APPROVALS Any Agreement arising out of this Offer may be subject to the approval of the Department of the Attorney General, and to all further approvals, including the approval of the Governor, as required by statute, regulation, rule, order, or other directive CONTRACT EXECUTION Successful Offeror receiving award shall enter a formal written contract in the form as in Exhibit B. No performance bond is required for this contract. No work is to be undertaken by the Contractor prior to the effective date of Contract. The State of Hawaii is not liable for any work, contract, costs, expenses, loss of profits, or any damages whatsoever incurred by the Contractor prior to the official starting date. If an option to extend is mutually agreed upon, the Contractor shall be required to execute a supplement to the Contract for the additional extension period. 24 RFP HTH-560-WIC-17-03

27 5.11 INSURANCE Prior to the Contract start date, the Contractor shall procure, at its sole expense, and maintain insurance coverage acceptable to the State in full force and effect throughout the term of the Contract. The Offeror shall provide proof of insurance for the following minimum insurance coverage(s) and limit(s) to be awarded a Contract. The type of insurance coverage is listed as follows: a. Commercial General Liability Insurance Commercial General Liability insurance coverage against claims for bodily injury and property damage arising out of all operations, activities, or contractual liability by the Contractor, its employees and subcontractors during the term of the Contract. This insurance shall include the following coverage and limits specified or required by any applicable law: bodily injury and property damage coverage with a minimum of $1,000,000 per occurrence; personal and advertising injury of $1,000,000 per occurrence; broadcasters liability insurance of $1,000,000 per occurrence; and with an aggregated limit of $2,000,000. The commercial general liability policy shall be written on an occurrence basis and the policy shall provide legal defense costs and expenses in addition to the limits of liability stated above. The Contractor shall be responsible for payment of any deductible applicable to this policy. b. Automobile Liability Insurance Automobile Liability insurance covering owned, non-owned, leased, and hired vehicles with a minimum of $1,000,000 for bodily injury for each person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage for each accident. c. Appropriate levels of per occurrence insurance coverage for Workers Compensation and any other insurance coverage required by Federal or State law. d. NOTE: Error & Omissions insurance is available for technology suppliers and may be required for the specific procurement being conducted The Contractor shall deposit with Hawaii WIC on or before the effective date of the Contract, certificate(s) of insurance necessary to satisfy Hawaii WIC that the provisions of the Contract have been complied with, and to keep such insurance in effect and provide the certificate(s) of insurance to Hawaii WIC during the entire term of the Contract. Upon request by Hawaii WIC, the Contractor shall furnish a copy of the policy or policies. 25 RFP HTH-560-WIC-17-03

28 The Contractor will immediately provide written notice to Hawaii WIC and contracting department or agency should any of the insurance policies evidenced on its Certificate of Insurance form be cancelled, limited in scope, or not renewed up expiration The Certificates of Insurance shall contain the following clauses: 1. The State of Hawaii is added as an additional insured as respects to operations performed for the State of Hawaii. 2. It is agreed that any insurance maintained by the State of Hawaii will apply in excess of, and not contribute with, insurance provided by this policy Failure of the Contractor to provide and keep in force such insurance shall constitute a material default under the Contract, entitling the State to exercise any or all of the remedies provided in the Contract (including without limitation terminating the Contract). The procuring of any required policy or policies of insurance shall not be construed to limit the Contractor s liability hereunder, or to fulfill the indemnification provisions of the Contract. Notwithstanding said policy or policies of insurance, the Offeror shall be responsible for the full and total amount of any damage, injury, or loss caused by the Contractor s negligence or neglect in the provision of services under the Contract PAYMENT Incremental payments shall be made to the awarded Contractor monthly, based on the deliverables described in Section 2.2 this RFP. The receipt of quarterly reports shall be due based on the timeline submitted by the Contractor in the proposal, or as amended. Section , HRS, provides that the State shall have thirty (30) calendar days from receipt of invoice or satisfactory delivery of goods or performance of services to make payment. For this reason, the State will reject any offer submitted with a condition requiring payment within a shorter period. Further, the State will reject any bid submitted with a condition requiring interest payments greater than that allowed by Section , HRS as amended. The State will not recognize any requirement established by the EBT Project Management provider and communicated to the State after award of the contract, which requires payment within a shorter period or interest payment not in conformance with statute CONTRACT INVALIDATION If any provision of this contract is found to be invalid, such invalidation will not be construed to invalidate the entire contract. 26 RFP HTH-560-WIC-17-03

29 5.14 CONTRACT MODIFICATIONS - UNANTICIPATED AMENDMENTS During this contract, the PM Contractor may be required to perform additional work that will be within the general scope of the initial Contract. When additional work is required, the Contract Administrator will provide the PM Contractor a written description of the additional work to be done. The PM Contractor shall submit a firm time schedule for accomplishing the additional work. Changes to the Contract may be modified only by written document (Contract Modification) signed by the Director of Health and PM Contractor personnel authorized to sign contracts on behalf of the PM Contractor. The PM Contractor will not commence additional work until a signed contract modification has been issued GOVERNING LAW: COST OF LITIGATION The validity of this contract and any of its terms or provisions, as well as the rights and duties of the parties to this contract, shall be governed by the laws of the State of Hawaii. Any action at law or equity to enforce or interpret the provisions of this contract shall be brought in a state court or competent jurisdiction in Honolulu, Hawaii. In case the State shall, without any fault on its part, be made a part to any litigation commenced by or against the PM Contractor in connection with this contract, the PM Contractor, shall pay all costs and expenses incurred by or imposed on the State, including attorneys' fees OFFEROR INTERVIEW The structured interviews shall consist of standardized questions, and shall be with the ESC and the individual designated as the potential PM Contractor. Section 4, the EVALUATION CRITERIA shall be used to determine the total score(s) for all Offerors. 27 RFP HTH-560-WIC-17-03

30 SECTION SIX SPECIAL PROVISIONS 6.1 OFFEROR GUARANTY A proposal security deposit is NOT required for this RFP. 6.2 TERMINATIONS FOR CONVENIENCE OR UNAVAILIABILITY OF FUNDS The contract shall be for a period of one (1) year and may extend the term of the contract for an additional period of two (2) consecutive years, pending the availability of funds. It is understood and agreed to by all Offerors that the contract resulting from this RFP shall be construed to be an agreement to pay the obligation under the contract only out of federal funds to be received from the federal government when the federal funds are so received and shall not be construed as a general agreement to pay such obligation at all events out of any funds other than those which are received from the federal government. When interests of the State or the Offeror so require, the State or the Offeror may terminate the Contract for convenience by providing six (6) weeks prior written notice to the contracted parties. The contract price paid to the EBT Planning Services provider for the extended period shall remain the same. Termination for Unavailability of Funds Notwithstanding any other provision of this contract, the parties hereto agree that the charges hereunder are payable by the DOH in part from appropriations received by DOH from the Legislature of the State of Hawaii and from federal funding. In the event, such appropriations and funding are determined, at the sole discretion of the Director of DOH, to no longer exist, or to be insufficient with respect to the charges payable hereunder, this contract shall terminate without further obligation of DOH as of that moment. In such event, the Director of DOH shall certify to an Offeror the occurrence thereof, and such certification shall be conclusive. 6.3 CERTIFICATION OF OFFEROR CONCERNING WAGES, HOURS AND WORKING CONDITIONS OF EMPLOYEES SUPPLYING SERVICES All Offerors for service contracts shall comply with section , Hawaii Revised Statutes, which provides as follows: Wages, hours, and working conditions of employees of CONTRACTOR supplying services: Before any prospective Offeror is entitled to submit any offer for the performance of any contract to supply services in excess of $25,000 to any governmental agency, Offeror shall certify that the services to be performed will be performed under the following conditions: 28 RFP HTH-560-WIC-17-02

31 Wages: The services to be rendered shall be performed by employees paid at wages or salaries not less than the wages paid to public officers and employees for similar work. Compliance with labor laws: All applicable laws of the Federal and State governments relating to worker s compensation, unemployment compensation, payment of wages, and safety will be fully complied with. No contract to perform services for any governmental contracting agency in excess of $25,000 shall be granted unless all the conditions of this section are met. Failure to comply with the conditions of this section during the period of the contract to perform services shall result in cancellation of the contract. It shall be the duty of the governmental contracting agency awarding the contract to perform services in excess of $25,000 to enforce this section. This section shall not apply to: 1) Managerial, supervisory, or clerical personnel. 2) Contracts for supplies, materials, or printing. 3) Contracts for utility services. 4) Contracts to perform personal services under paragraphs (2), (3), (12), and (15) of section 76-16, paragraphs (7), (8), and (9) of section 46-33, and paragraphs (7), (8), and (12) of section 76-77, Hawaii Revised Statutes, (HRS). 5) Contracts for professional services. 6) Contracts to operate refreshment concessions in public parks, or to provide food services to educational institutions. 7) Contracts with nonprofit institutions. 6.4 OFFER ACCEPTANCE PERIOD The State s acceptance of offer, if any, will be made within sixty (60) calendar days after the opening of proposals. Prices or commissions quotes by the Offeror shall remain firm for a three hundred sixty-five (365) day period. 6.5 ADDITIONAL TERMS AND CONDITIONS The State reserves the right to add terms and conditions during the contract negotiations. These terms and conditions will be within the scope of the RFP and will not affect the proposal evaluation. 6.6 SUBCONTRACTING No work or services shall be subcontracted or assigned without the prior written approval of the State. No subcontract shall, under any circumstances, relieve the ewic PM Contractor of his/her obligations and liability under this contract with the State. All 29 RFP HTH-560-WIC-17-03

32 persons engaged in performing the work covered by the contract shall be considered employees of the ewic PM Contractor services provider. 6.7 NON-DISCRIMINATION The ewic PM Contractor shall comply with all applicable federal and State laws prohibiting discrimination against any person on the grounds of race, color, national origin, religion, creed, sex, age, sexual orientation, marital status, handicap, or arrest and court records in employment and any condition of employment with the ewic PM Contractor or in participation in the benefits of any program or activity funded in whole or in part by the State. 6.8 CONFLICTS OF INTEREST The PM Contractor represents that neither the PM Contractor, nor any employee or agent of the PM Contractor, presently has any interest, and promises that no such interest, direct or indirect, shall be acquired, that would or might conflict in any manner or degree with the PM Contractor s performance of this contract. 6.9 WAIVER The failure of the State to insist upon the strict compliance with any term, provision or condition of this contract shall not constitute or be deemed to constitute a waiver or relinquishment of the State s right to enforce the same in accordance with this contract SEVERABILITY In the event that any provision of this contract is declared invalid or unenforceable by a court, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining terms of this contract CAMPAIGN CONTRIBUTIONS BY STATE AND COUNTY EBT PLANNING SERVICES PROVIDERS Therefore, Offeror, if awarded a contract in response to this solicitation, agrees to comply with HRS Section , which states that campaign contributions are prohibited from a State and county government EBT Planning Services provider during the term of the contract if the EBT Planning Services provider is paid with funds appropriated by a legislative body ADDITIONS, AMENDMENTS AND CLARIFICATIONS Approvals. Any agreement arising out of this offer may be subject to the approval of the Department of the Attorney General as to form, and is subject to all further approvals, including the approval of the Governor, required by statute, regulation, rule, order, or other directive. 30 RFP HTH-560-WIC-17-03

33 Confidentiality of Material. All material given to or made available to the PM Contractor by virtue of this contract, which is identified as proprietary or confidential information, will be safeguarded by the PM Contractor and shall not be disclosed to any individual or organization without the prior written approval of the STATE. All information, data, or other material provided by the Offeror or the PM Contractor to the State shall be subject to the Uniform Information Practices Act, HRS chapter 92F. The Offeror shall designate in writing to the Procurement Officer those portions of its unpriced offer or any subsequent submittal that are trade secrets or other proprietary data that the Offeror desires to remain confidential, subject to HAR , in the case of an RFP, or HAR , in the case of an IFB. The Offeror shall state in its written communication to the Procurement Officer, the reason(s) for designating the material as confidential, for example, trade secrets. The Offeror shall submit the material designated as confidential in such manner that the material is readily separable from the offer in order to facilitate inspection of the non-confidential portion of the offer. Price is not confidential and will not be withheld. In addition, in the case of an IFB, makes and models, catalogue numbers of items offered, deliveries, and terms of payment shall be publicly available at the time of opening regardless of any designation to the contrary. If a request is made to inspect the confidential material, the inspection shall be subject to written determination by the Department of the Attorney General in accordance with HRS chapter 92F. If it is determined that the material designated as confidential is subject to disclosure, the material shall be open to public inspection, unless the Offeror protests under HAR chapter If the request to inspect the confidential material is denied, the decision may be appealed to the Office of Information Practices in accordance with HRS 92F Nondiscrimination. No person performing work under this Agreement, including any sub PM Contractor, employee, or agency of the PM Contractor, shall engage in any discrimination that is prohibited by any applicable federal, state, or county law. Records Retention. The PM Contractor and any sub PM Contractor shall maintain the books and records that relate to the Agreement and any cost or pricing data for three (3) years from the date of final payment under the Agreement. Correctional Industries. Goods and services available through Hawaii Correctional Industries (HCI) programs may be the same or similar to those awarded by competitive sealed bids or proposals. Agencies participating in DOH, WIC Services Branch requirements (price list) contracts may also procure directly from HCI and shall not be considered in violation of the terms and conditions of any DOH, WIC Services Branch contract. Competency of Offeror. Prospective Offeror must be capable of performing the work for which offers are being called. Either before or after the deadline for an offer, the purchasing agency may require Offeror to submit answers to questions regarding 31 RFP HTH-560-WIC-17-03

34 facilities, equipment, experience, personnel, financial status or any other factors relating to the ability of the Offeror to furnish satisfactorily the goods or services being solicited by the STATE. Any such inquiries shall be made and replied to in writing; replies shall be submitted over the signatures of the person who signs the offer. Any Offeror who refuses to answer such inquiries will be considered non-responsive. Preparation of Offer. An Offeror may submit only one offer in response to a solicitation. If an Offeror submits more than one offer in response to a solicitation, then all such offers shall be rejected. Similarly, an Offeror may submit only one offer for each line item of solicitation. If an Offeror submits more than one offer per line item, then all offers for that line item shall be rejected. Printing Preference: All bids or proposals submitted for a printing, binding, or stationery contract in which all work will be performed in-state, including all preparatory work, presswork, bindery work, and any other production-related work shall receive a fifteen per cent preference for purposes of bid or proposal evaluation. Where bids or proposals are for work performed in-state and out-of-state, then for the purpose of selecting the lowest bid or evaluating proposals submitted, the amount bid or proposed for work performed out-of-state shall be increased by fifteen per cent. The lowest total offer, taking the preference into consideration, shall be awarded the contract unless the solicitation provides for additional award criteria. The contract amount awarded, however, shall be the amount of the price offered, exclusive of the preference FNS REQUIRED FEDERAL PROVISIONS The PM Contractor shall comply with the FNS Required Federal Provisions, attached as Exhibit C and made a part of this RFP FFATA Reporting Form The FFATA Reporting Form is attached to as Exhibit D and made a part of this RFP. 32 RFP HTH-560-WIC-17-03

35 SECTION SEVEN ATTACHMENTS AND EXHIBITS Attachment 1: OFFER FORM, OF-1 Attachment 2: OFFER FORM, OF-2 Attachment 3: Certification Of Compliance for Final Payment (SPO Form-22) Attachment 4: Minimum Project Manager Qualifications Form Attachment 5: Labor Rate by Hour/Position Exhibit A: Hawaii ewic Implementation Advanced Planning Document (IAPD) Exhibit B: General Conditions AG D Exhibit C: Food and Nutrition Service ( FNS ) Required Federal Provisions Exhibit D: FFATA Reporting Form Exhibit E: Federal Certifications E1 E2 E3 E4 E5 E6 E7 Guidelines for Organization-Wide Audits Certification Regarding Environmental Tobacco Smoke Certification Regarding Drug-Free Workplace Requirements Certification Regarding Lobbying Certification Regarding Program Fraud Civil Remedies Act (PFCRA) Certification Regarding Debarment and Suspension Certification Regarding Nondiscrimination Exhibit F: Overview of the RFP Process Exhibit G: Insurance Requirements Checklist Link: USDA Handbook 901 v2 Link: Project Management Body of Knowledge (PMBOK) 33 HTH-560-WIC-17-02

36 Procurement Officer Department of Health, WIC Services Branch State of Hawaii Honolulu, Hawaii Dear Procurement Officer: OFFER FORM OF-1 ewic PROJECT MANAGER SERVICES WOMEN, INFANTS AND CHILDREN (WIC) PROGRAM STATE OF HAWAII, DEPARTMENT OF HEALTH RFP-HTH-560-WIC The undersigned has carefully read and understands the terms and conditions specified in the Specifications and Special Provisions attached hereto, and in the General Conditions, by reference made a part hereof and available upon request; and hereby submits the following offer to perform the work specified herein, all in accordance with the true intent and meaning thereof. The undersigned further understands and agrees that by submitting this offer, 1) he/she is declaring his/her offer is not in violation of Chapter 84, Hawaii Revised Statutes, concerning prohibited State contracts, and 2) he/she is certifying that the price(s) submitted was (were) independently arrived at without collusion. Offeror is: Sole Proprietor Partnership *Corporation Joint Venture Other *State of incorporation: Hawaii General Excise Tax License I.D. No. Federal I.D. No. Payment address (other than street address below): City, State, Zip Code: Business address (street address): City, State, Zip Code: Respectfully submitted: Date: Telephone No.: Fax No.: (x) Authorized (Original) Signature Name and Title (Please Type or Print) Address: ** Exact Legal Name of Company (Offeror) **If Offeror is a dba or a division of a corporation, furnish the exact legal name of the corporation under which the awarded contract will be executed: ATTACHMENT 1 OFFER FORM OF-1 HTH-560-WIC-17-03

37 OFFER FORM OF-2 PROPOSED BUDGET: Task Deliverable Description Proposed Cost 1 Invoiced Monthly Recurring Project Management Activities $ Payments 1a 1l (Status Reports including Quarterly and Annual Reports to USDA FNS, Meetings, Agendas, Summaries, Project Plan Updates, Action Items List, newsletter, documentation of research or recommendations etc.) 2 Consolidated Deliverable Comments $ 3 Integrated Communications Plan $ 4 Change Management Plan $ 5 Integrated Project Management Work Plan and Schedule $ 6 Deliverable Review Comments $ 7 Meeting Minutes (See Task 1) $N/A 8 Action Items List (See Task 1) $N/A 9 Risk Management Plan $ Miscellaneous Expenses 1 Travel $ 2 Lodging $ Total Deliverable Cost $ Hawaii GET (4.712%) $ Total Proposed Cost $ Offeror Name of Company ATTACHMENT 2 OF-2 HTH-560-WIC OFFER FORM

38 CERTIFICATION OF COMPLIANCE FOR FINAL PAYMENT (Reference , HAR) Reference: (Contract Number) (IFB/RFP Number) affirms it is in (Company Name) compliance with all laws, as applicable, governing doing business in the State of Hawaii to include the following: 1. Chapter 383, HRS, Hawaii Employment Security Law Unemployment Insurance; 2. Chapter 386, HRS, Worker s Compensation Law; 3. Chapter 392, HRS, Temporary Disability Insurance; 4. Chapter 393, HRS, Prepaid Health Care Act; and maintains a Certificate of Good Standing from the Department of Commerce and Consumer Affairs, Business Registration Division. Moreover, (Company Name) acknowledges that making a false statement shall cause its suspension and may cause its debarment from future awards of contracts. Signature: Print Name: Title: Date: ATTACHMENT 3 SPO Form-22 (11/03) HTH-560-WIC-17-03

39 MINIMUM PROJECT MANAGEMENT QUALIFICATIONS FORM Offeror Name: Minimum ewic PM Qualifications Five years of ewic PM experience for projects of similar and scope (1 experience within last five years). Three years of WIC or SNAP Program, including WIC MIS experience (within last five years). Knowledge or experience with ewic project implementation. Project Start/End Dates Experience # of Years Project Name and description of relevant experience Reference information name, e- mail address, phone number ATTACHMENT 4 HTH-560-WIC-17-03

40 LABOR RATE BY HOUR/POSITION At the State s sole discretion, the contract may be extended for time, or time and money, and may be amended consistent with the terms and conditions of the original contract. In the table below, provide the job position, cost per hour for work that may arise during this project. Position Hourly Rate ATTACHMENT 5 HTH-560-WIC-17-03

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