1. Survey Tool RFB - S-0637 DES-17.pdf

State of Wisconsin Wis. Statutes s.16.75

DOA-3070 (R05/2014)

BIDS MUST BE SEALED & ADDRESSED TO: Remove from Vendor list for this commodity/service. (Return this page only.)

AGENCY ADDRESS: Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid #

S-0637 DES-17

Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Vendor should contact the person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award.

REQUEST FOR BID

THIS IS NOT AN ORDER

VENDOR (Name and Address)

Bids MUST be in this office no later than

June 27, 2017 by 2:00 PM Central Time

Name (Contact for further information)

Ellen Corso DHSProcurement@dhs.wisconsin.gov

Phone Date

608-266-7298 May 16, 2017

Quote Price and Delivery FOB

Fax bids are accepted Fax bids are not accepted

Item No.

Quantity and Unit

Description Price

Per Unit

Total

DEPARTMENT OF HEALTH SERVICES

REQUEST FOR BID

DHS Survey Tool RFB

FAXED OR EMAILED BIDS NOT ACCEPTED

PRICES MUST BE SUBMITTED ON ATTACHMENT A

Payment Terms Delivery Time

We claim minority bidder preference [Wis. Stats. s. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises.

Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (608) 267-9550. Does Not Apply to Printing Bids.

We claim disabled veteran owned business bidder preference [Wis. Stats. s. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Disabled Veteran Owned Businesses. Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (608) 267-9550. Does Not Apply to Printing Bids.

We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-5462.

Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States. Yes No Unknown

In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury.

We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.

Name of Authorized Company Representative (Type or Print) Title Phone Fax

Signature of Above Date Email:

This form can be made available in alternate formats to individuals with disabilities upon request.

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INSTRUCTIONS TO VENDORS

This Request for Bid (RFB) is organized to help you determine if this is a business opportunity for your company.

The following document and attachments contain information regarding what the State intends to purchase, how pricing should appear, and the process you must follow in order to submit a response to the RFB.

1. Review Section 1- Introduction and Purpose to gain an understanding of what the State intends to purchase.

2. Review Section 2 - Vendor Qualifications to learn what a company needs in order to be qualified to bid. This may include a specific license, certification or years of experience.

3. Review Section 3 - Mandatory Required Specifications to learn more about the details of the commodity or service needed. Read this section carefully and determine if you are able to meet ALL of the requirements. RFB requirements are mandatory and therefore if you can’t meet a requirement, it is likely that your bid will be disqualified unless no Vendor can meet an individual RFB requirement.

4. The RFB provides instructions that describe the process you must follow to organize and submit your bid response. It also describes the process the State will use to determine the winning Vendor. If you decide to bid, be sure to review the Bid Procedure and Instructions section and the Selection and

Award Process section.

5. If you are still interested in competing for the State’s business, provide your best pricing on

Attachment A - Price Sheet, complete all the Required Forms and Documentation requested in

Section 7, and review the Contract Terms and Conditions provided in Section 4.

6. Remember that your bid response is expected to be complete and accurate. DO NOT substitute your own materials in lieu of what is asked for in the RFB and DO NOT alter any of the required forms or the Price Sheet. Fill out the Vendor Checklist in Attachment B to make sure you have included all of the required forms and documentation.

7. Please note that your RFB response must arrive at the proper location on or before the due date and time. Late bids will be rejected.

8. If you have any questions, contact the Procurement Manager identified in this RFB.

Thank you for your interest in providing commodities and/or services to the State.

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TABLE OF CONTENTS

TABLE OF CONTENTS

DEFINITIONS

1 INTRODUCTION AND PURPOSE

1.1 PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.2 BACKGROUND/HISTORY ...................................................... ERROR! BOOKMARK NOT DEFINED.

1.3 CONTRACT TERM

1.4 NUMBER OF CONTRACTS

1.5 PROCUREMENT MANAGER

1.6 VENDORNET REGISTRATION

1.7 REASONABLE ACCOMMODATIONS

1.8 OTHER ELIGIBLE PARTIES

2 VENDOR QUALIFICATIONS

3 MANDATORY SPECIFICATIONS

3.1 SURVEY TOOL BASICS

3.2 SURVEY ADMINISTRATION

3.3 FIELD ELEMENTS

3.4 DATA TRACKING/REPORTING

3.5 SURVEY SECURITY

3.6 SERVICES PERFORMED IN THE UNITED STATES

4 CONTRACT TERMS AND CONDITIONS

4.1 ORDER OF PRECEDENCE

4.2 MODIFICATIONS OF CONTRACT

4.3 STANDARD TERMS AND CONDITIONS

4.4 PAYMENT TERMS AND SCHEDULE

4.5 REQUESTING PRICE ADJUSTMENTS

4.6 USE OF SUBCONTRACTORS

4.7 BACKGROUND CHECKS

4.8 WORK RULES

4.9 REPLACEMENT OF CONTRACTOR PERSONNEL

4.10 CONFIDENTIALITY, PROPRIETARY, AND PERSONALLY IDENTIFIABLE INFORMATION

4.11 RECOVERED MATERIALS

4.12 CIVIL RIGHTS COMPLIANCE

4.13 BUSINESS ASSOCIATE AGREEMENT

4.14 AFFIRMATIVE ACTION

4.15 LIQUIDATED DAMAGES

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4.16 CERTIFICATES OF INSURANCE

4.17 LOBBYING ACTIVITY CERTIFICATION

4.18 CANCELLATION AND TERMINATION

5 BID PROCEDURE AND INSTRUCTIONS

5.1 CALENDAR OF EVENTS

5.2 PRE-BID SITE VISIT

5.3 VENDOR QUESTIONS AND CLARIFICATIONS

5.4 FAXED OR EMAILED BIDS

5.5 SUBMITTING A BID

5.6 FORMAT OF BID RESPONSE

5.7 RESPONSE ORGANIZATION AND CONTENT

5.8 METHOD OF BID

5.9 MULTIPLE BIDS

5.10 INCURRING COSTS

5.11 WITHDRAWAL OF BIDS

6 SELECTION AND AWARD PROCESS

6.1 BID OPENING

6.2 PRELIMINARY REVIEW AND ACCEPTANCE OF BID

6.3 METHOD OF AWARD

6.4 VENDOR REFERENCES

6.5 SUPPLIER DIVERSITY

6.6 INTENT TO AWARD NOTIFICATION

6.7 PROTEST AND APPEALS PROCESS

7 REQUIRED FORMS AND ADDITIONAL DOCUMENTATION

7.1 REQUIRED FORMS

7.2 DISCLOSURE STATEMENTS

7.3 FINANCIAL STATEMENTS

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DEFINITIONS

For the purposes of this Request for Bid and resulting Contract(s), the following definitions of terms shall apply, unless otherwise indicated.

Agency, Department, or

DHS:

the Wisconsin Department of Health Services.

Authorized Users:

includes any State Agency, University of Wisconsin campus, or other state or local public body authorized to use statewide contracts, as established in §§ 16.70 (1b), (1e), (2), (4) and

(8), 16.73 and 66.0301 of the Wisconsin Statutes and § PRO-D-30 of the State Procurement

Manual.

Bid:

a price quotation specifically given to a prospective purchaser by a prospective seller; a Bid is an offer to sell.

Contract or Agreement:

the written agreement between the successful Vendor and the State covering the goods and services to be performed pursuant to this RFB.

Contract Administrator:

the DHS employee responsible for the implementation, administration, and completion of the Contract.

Contract Manager:

the DHS employee responsible for oversight of the implementation, administration, and completion of the Contract.

Day: a calendar day, unless specifically identified as a business day.

Disabled Veteran-Owned

Business Enterprise (DVB):

a business that has been certified by the Wisconsin Department of Administration Supplier

Diversity Program as a Disabled Veteran-Owned Business Enterprise.

Minority Business Enterprise

(MBE):

a business that has been certified by the Wisconsin Department of Administration Supplier

Diversity Program as a Minority Business Enterprise under Comm. §§ 105.14, 105.21, or

105.23

Municipality:

any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public contracts (§ 16.70(8), Wis. Stats.).

Procurement Manager:

the Procuring Agency’s procurement specialist or other person responsible for overseeing and administering the procurement process for a Bid.

Procuring Agency: the Wisconsin Department of Health Services.

RFB: a Request for Bid.

SMS: short message service is a text messaging service component of most mobile systems.

State: the State of Wisconsin.

Subcontractor:

a third party contractually engaged by the awarded Supplier to assist in the provision of goods or services enumerated in this solicitation and for which awarded Supplier has contracted with the Department to provide or perform.

Supplier:

person or entity that has been awarded the Contract as a result of this Bid, and who is required to provide the agreed upon good and/or services. The term Supplier is used throughout this document in lieu of Contractor.

Vendor:

person or firm submitting a response to a solicitation and a set of specifications. The term

Vendor is used throughout this document in lieu of Bidder or Proposer.

WYSIWYG: what you see is what you get.

W3C:

World Wide Web Consortium, an international community where member organizations, staff and the public work together to develop web standards.

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1 INTRODUCTION AND PURPOSE

1.1 Purpose and Scope of the Request for Bid

The Wisconsin Department of Health Services (DHS) is seeking bids for cloud-based hosting of an enterprise survey tool. We are seeking bids to include licensing of 150 users connecting by use of authentication integration with Active Directory using Secure Active Directory Federated Services

(ADFS) and intend to use the results of this process to award a Contract.

The survey tool will allow for survey creation, administration and reporting. The tool will support the business needs of the Department and comply with DHS Privacy, Security, and IT requirements listed below. The solution will be cloud-based, supported by the Vendor and administered by DHS staff.

Technical support and maintenance will be provided by the Vendor.

The Supplier acknowledges that it has no ownership rights with respect to any data provided to the survey tool by the State.

The Department of Health Services does not guarantee it will purchase any specific quantity or dollar amount. Bids that require a minimum number of commodities or services be ordered will be disqualified. There will be no guarantee to purchase any specific quantity, or pay any minimum Contract price during the term of the Contract.

1.2 Contract Term

The Contract shall be effective on the date indicated on the purchase order or the execution date of the accompanying Contract and shall run for 2 years from that date, with an option by mutual agreement of the agency and the Supplier, for three (3) additional 1- year renewals.

Any Contract resulting from this solicitation shall not be, in whole or in part, subcontracted, assigned or otherwise transferred to any other Supplier without prior written approval from the Department.

1.3 Number of Contracts

It is the intention of the Department to award a single Contract for the services required in this solicitation. However, the Supplier(s) shall not have exclusive rights to provide all services covered under the Contract during the term of the Contract(s) or any extension thereof.

1.4 Procurement Manager

All communication and/or questions on all matters regarding this Bid must be made in writing and refer to Request for Bid number RFB# S-0637 DES-17 and be directed to the DHS Procurement Manager:

Ellen Corso at Ellen.Corso@dhs.wi.gov.

S-0637 DES-17 Page 7 of 31

Any contact or communication with any employee or officer of the State of Wisconsin concerning this

RFB except the Procurement Manager is strictly prohibited from the date this RFB is released until the date the notice of intent to award is issued. The Procurement Manager may authorize in writing contact or communication with another State employee or officer as circumstances dictate. Vendors who hold a current Contract with DHS may continue to communicate with the appropriate Contract Administrator regarding the performance of that current Contract.

1.5 VendorNet Registration

Registration on the State of Wisconsin’s VendorNet System (http://vendornet.state.wi.us) is available free of charge to all businesses and organizations. By registering on VendorNet, a Vendor may register for a Vendors list for any commodity or service the Vendor is interested in providing to the State.

VendorNet also provides automatic email notification each time a State Agency, including University of

Wisconsin System campuses, posts a Request for Bid with an estimated value over $50,000 in their designated commodity and or service area(s). Only registered Vendors with a valid email address at the time an RFB is posted will receive email notifications of amendments. Vendors who obtain the RFB from a third party, through the State of Wisconsin Public Notices website, or by any other means assume the responsibility for checking for updates to the RFB.

1.6 Reasonable Accommodations

The Department will provide reasonable accommodations, including the provision of informational material in an alternative format for qualified individuals with disabilities upon request. If a Vendor needs accommodations at the outset of this solicitation process, please contact the Procurement

Manager.

1.7 Other Eligible Parties

Wisconsin Statutes §16.73 establishes authority to allow Wisconsin Municipalities to purchase from

State contracts. This gives Vendors the opportunity for additional sales without additional bidding, while assisting Municipalities with expedited purchases.

For the purposes of this solicitation, participation in Wisconsin’s cooperative purchasing service is:

MANDATORY: Vendors must agree to furnish the commodities or services of this Bid/Proposal to

Wisconsin municipalities. Vendors should note any special conditions on form DOA – 3333.

OPTIONAL: Vendors may or may not agree to furnish the commodities or services of this

Bid/Proposal to Wisconsin municipalities. A Vendor’s decision on participating in this service has no effect on awarding this Contract. Vendors should indicate their decision on form DOA – 3333.

In addition to Wisconsin’s cooperative purchasing service, this Contract may be utilized by other

Wisconsin state agencies, Managed Care Organizations, and non-profit organizations specifically linked by their missions to DHS.

http://vendornet.state.wi.us/ http://vendornet.state.wi.us/vendornet/doaforms/doa-3333.doc http://vendornet.state.wi.us/vendornet/doaforms/doa-3333.doc

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2 VENDOR QUALIFICATIONS

All Vendor qualifications in this section are mandatory. Failure to meet a qualification will disqualify your Bid. However, DHS reserves the right to waive any qualification if no Vendor is able to satisfy that qualification.

Before the award of any Contract, the Department shall be satisfied that the Vendor has sufficient qualified resources available for performing the work described in this Bid. It is the Vendor’s responsibility to acquaint the Department with these qualifications by submitting appropriate or supporting documentation.

2.1 Must have ability to sign Business Associate Agreement prepared by DHS.

2.2 Must have been founded prior to 2013.

2.3 Must not have been subject to a significant data breach within the past twenty four (24) months and should be prepared to disclose those data breaches.

3 MANDATORY SPECIFICATIONS

All requirements in this section are mandatory and indicate the minimum specifications for the services required. The following requirements must be met at no additional cost above the pricing provided in the

Bid. All specifications are defined as minimum mandatory requirements unless otherwise stated. Failure to meet any mandatory requirement will result in the disqualification of the Bid. In the event that no

Vendor is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.

3.1 Survey Tool Basics

Surveys must meet Americans with Disabilities Act (ADA) compliance by 3.1.1 following Web Content Accessibility Guidelines (WCAG).

Survey tool must have ability to integrate user account authentication with 3.1.2

DHS Active Directory using Secure Active Directory Federation Services

(ADFS).

Survey must have a system integration plan if your solution requires any 3.1.3 integration with State of Wisconsin on premise technology.

The survey application must be protected through high availability. 3.1.4

The Vendor must have a documented and tested disaster recovery and 3.1.5 reconstitution plan.

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The Vendor agrees to have no ownership rights with respect to data provided to 3.1.6 the Survey tool by DHS.

Vendor must be able to provide all DHS survey data and associated schema 3.1.7 upon request without additional cost .

The survey tool must have the ability to assign survey creators to a role 3.1.8 containing customizable permissions.

The survey tool must have the ability to assign a select set of survey creator 3.1.9 accounts to a group.

The survey tool must have ability to assign a survey creator’s account to more 3.1.10 than one group.

The survey tool must include a group used to limit access to a set of surveys to 3.1.11 a set of survey creator accounts.

The survey must have the ability to assign/associate a survey to more than one 3.1.12 group.

The survey tool must have the ability to generate surveys using responsive web 3.1.13 design (meaning they are formatted for best display for each device size/settings).

Vendor must provide 24/7/365 access to surveys (except for scheduled 3.1.14 maintenance).

Vendor must provide 24/7/365 access to application documentation via the 3.1.15 web (except for scheduled maintenance).

Surveys must contain proper HTML mark-up that meets W3C specifications 3.1.16

(https://validator.w3.org).

3.2 Survey Administration

The survey tool must be able to automatically close a survey based on the 3.2.1 number of responses.

The survey tool must have the ability to track and manage incomplete survey 3.2.2 responses.

https://validator.w3.org/

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The survey tool must have ability for survey taker to save their survey to 3.2.3 complete off line and later resume for submission/completion or to update/change the survey at a different time.

The survey tool must have ability to import email lists . 3.2.4

The survey tool must have ability to send customized email invitations for 3.2.5 surveys from within the application.

The survey tool must have ability to send customized invitations for surveys 3.2.6 via SMS.

The survey tool must have ability to import a set of phone numbers for use 3.2.7 with SMS.

The survey tool must have ability to validate respondents via their email 3.2.8 address/SMS.

The survey tool must have ability to provide the survey respondent with a copy 3.2.9 of their completed survey in a PDF file.

The survey tool must have ability for survey owners to modify the survey 3.2.10 without having to close out and reissue the survey.

The survey tool must have a WYSIWYG interface containing common 3.2.11 formatting elements (e.g., bold/italic text, unformatted and numbered lists, font sizing, etc.) to create/format survey questions .

The survey tool must have ability to create a survey that does not require 3.2.12 numbering the questions.

The survey tool must have ability to create a survey that includes assigning 3.2.13 numbers to questions; the numbering feature must be customizable .

The survey tool must have ability for survey creator to assign a 3.2.14 question/answer set to a page/screen.

The survey tool must contain utility/function that automatically generates 3.2.15 answers to a survey for testing purposes .

The survey tool must have ability for survey creators to print the survey to a 3.2.16

PDF.

The survey tool must have ability for survey creators to print a copy of the 3.2.17 survey that includes the conditional and/or piping elements to provide a visual schematic of the survey’s logic workflow

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The survey tool must allow survey creators to share access to survey 3.2.18 responses/reports with those who are not licensed to use the tool .

The survey tool must have ability for a survey administrator/creator to edit 3.2.19 survey responses previously submitted by a respondent.

The survey tool must contain a user-based permission that prevents a survey 3.2.20 creator from making the survey available to the public.

The survey tool must have ability to retain a survey when the survey creator’s 3.2.21 account is no longer active/has been deleted .

The survey tool must have ability to filter surveys based on survey creator . 3.2.22

The survey tool must have ability to filter surveys based on associated 3.2.23 group(s) survey creators have been assigned.

The survey tool must have ability to shorten the URL/customize the URL. 3.2.24

3.3 Field Elements

The process associated with creating a conditional answer must include an 3.3.1 interface which allows the survey creator to select values that have been pre -populated by the system based on previously created questions within the survey.

The process associated with the use of piping in a survey must include a n 3.3.2 interface which allows the survey creator to select values that have been pre -populated by the system based on previously created questions within the survey.

The survey tool must have a ‘radio button’ single response field type. 3.3.3

The survey tool must have a ‘checkboxes’ multiple choice field type. 3.3.4

The survey tool must have a ‘dropdown list’ single response field type. 3.3.5

The survey tool must have an integer field type. 3.3.6

The survey tool must have a percentage field type. 3.3.7

The survey tool must have a rank/order field type. 3.3.8

The survey tool must have a date-based field type (e.g., calendar). 3.3.9

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The survey tool must have an email address field type that can be evaluated to 3.3.10 contain a valid email address.

The survey tool must have a rating field type that is based on the Likert Scale. 3.3.11

The survey tool must have a continuous sum field type – ability to create 3.3.12 multiple integer fields that can be evaluated to equal a particular sum or a sum within a defined range.

The survey tool must have a customizable slide field type containing 3.3.13 increments that can be configured by the survey creator .

The survey tool must have a drag and drop field type used to rank defined 3.3.14 elements.

The survey tool must have a signature-style field type which can be used with 3.3.15 either a mouse or touch pad.

The survey tool must have the ability to associate an image(s) with each 3.3.16 answer option.

The survey tool must have a graphical (e.g., star image) rating grid field type. 3.3.17

The survey tool must have a radio button grid field type which allows for 3.3.18 customizable rows and columns.

The survey tool must have a short-answer, open text field answer type. 3.3.19

The survey tool must have a customizable table field type. 3.3.20

The survey tool must have a grouping card sort field type that allows 3.3.21 respondents to categorize items using drag and drop.

The survey tool must have a customizable group field type which allows the 3.3.22 creation of sub-questions which allow for text-based, radio-style, multiple choice, integers, date, etc., type data. The survey creator must be able to use various answer types within the customizable group field .

The survey tool must be able to indicate whether a field is required . 3.3.23

The survey tool must have ability to apply input/verification masks to data 3.3.24 types such as phone numbers, email addresses, zip codes, etc.

The survey tool must have ability to create pre-populated answer listings - 3.3.25 local health departments, counties, tribes, regions, states , etc.

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The survey tool must have ability to create and maintain libraries of questions 3.3.26 and answers.

The survey tool must allow character limits for text fields. 3.3.27

The survey tool must have ability to insert images into the question field. 3.3.28

The survey tool must have ability to insert external video (e.g., video player 3.3.29 box) in the question field.

The survey tool must include option to include hidden values . 3.3.30

The survey tool must have ability for respondent to attach a file to the survey 3.3.31 response.

The survey tool must have ability to spell check the survey. 3.3.32

The survey tool must have ability to automatically alphabetize the list of 3.3.33 possible answers to a question.

The survey tool must have the ability for a survey creator to customize the 3.3.34 sorting of answers using a drag and drop or by assigning a numeric weight .

The survey tool must have ability for a survey creator to reposi tion questions 3.3.35 using drag and drop or by assigning a numeric weight .

The survey tool must have ability to add point values to response data. 3.3.36

The survey tool must have ability to name variables. 3.3.37

The survey tool must have ability to prepopulate an answer field based on a 3.3.38 previous response.

The survey tool must have ability to change the width or height of 3.3.39 column/row.

3.4 Survey Data Tracking/Reporting

The survey tool must have ability to create a survey which allows for true 3.4.1 anonymous submissions (e.g., no tracking of IP address, geo-location info, etc.).

The survey tool must have ability to track the completion of surveys sent to a 3.4.2 group of respondents.

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The survey tool must have the ability to automatically send reminders/follow -3.4.3 ups/thank-you’s to a group of respondents who have been identified in 3.4.2.

The survey tool must have ability to select fields when creating a customized 3.4.4 report.

The survey tool must have the ability to select/filter response records when 3.4.5 producing a report.

The survey tool must have ability to filter out incomplete data records from 3.4.6 reporting tool.

The survey tool must contain a utility/process which can perform both a 3.4.7 quantitative and qualitative analysis of a long text data field.

The survey tool must contain a utility/process which can analyze responses for 3.4.8 data anomalies, including rapid response, gibberish, unusual tagging of multiple choice values, etc.

The survey tool must have ability to analyze data within the tool, including the 3.4.9 ability to create customized charts/graphs .

The survey tool must have ability to see the total count for surveys 3.4.10 emailed/sent to, and total response rate .

The survey tool must have simple data analysis features for multi select 3.4.11 answers.

The survey tool must have ability to export data using the Microsoft Excel 3.4.12 format.

The survey tool must have the ability to export data to a Comma-Separated-3.4.13

Value (CSV) format.

The survey tool must have ability to export data using the Statistical Package 3.4.14 for the Social Sciences (SPSS) format .

The survey tool must have ability to easily export answers for conditional 3.4.15 responses.

The survey tool must have ability to send survey results to multiple email 3.4.16 addresses.

The survey tool must have ability to select a specific field to be displayed in 3.4.17 the survey reporting tool.

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The survey tool must have ability to save chart/graphs created in survey tool 3.4.18 as an image (e.g., gif, jpg, png) which can be saved and used for external purposes.

The survey tool must have ability to produce reports which can use/perform 3.4.19 simple calculations in which to display results .

3.5 Survey Security

Survey data must be stored within the continental United States per Wisconsin 3.5.1

Statutes §16.705(1r) which requires that services must only be performed within the boundaries of the United States, unless a statutorily defined exception applies.

Vendor must prevent DHS data from intermingling with other customers ’ data. 3.5.2

Vendor must have a process for accommodating deletion of DHS data . 3.5.3

Survey tool security policies and security controls must be documented . 3.5.4

Vendor must provide its personnel with regular security and privacy training. 3.5.5

Vendor must have controls in place to restrict and monitor the installation of 3.5.6 unauthorized software.

Vendor must have controls in place to prevent unauthorized access to the 3.5.7 application, program or object source code, and assure it is restrict ed to authorized personnel only.

Vendor must have security threat detection systems using signatures, lists or 3.5.8 behavioral patterns updated across all infrastructure components withi n industry accepted time frames.

Vendor must have anti-malware programs that protect the cloud service 3.5.9 offering.

Vendor must have monitoring in place to alert DHS on suspicious activities . 3.5.10

Vendor must have a process in place to report to DHS when services have been 3.5.11 compromised.

Vendor must keep security logs for a minimum of one (1) year. 3.5.12

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Vendor must provide DHS with access to log files of activities to review . 3.5.13

Survey tool must have multi factor authentication capabilities . 3.5.14

Survey tool must encrypt data transmissions using algorithms and application 3.5.15 that are FIPS 140-2 certified.

Survey tool must encrypt data at rest using algorithms and applications that 3.5.16 are FIPS 140-2 certified.

Vendor must use industry standards (Build Security in Maturity Model 3.5.17

[BSIMM] benchmarks, Open Group ACS Trusted Technology Provider

Framework, NIST, etc.) to build in security for Systems/Softwa re

Development Lifecycle (SDLC).

Data Security Architecture design must comply with industry standard (e.g., 3.5.18

CDSA, MULITSAFE, CSA Trusted Cloud Architectural Standard, FedRAMP, CAESARS).

Vendor must conduct application and network penetration tests of cloud 3.5.19 infrastructure regularly, as prescribed by industry best practices and guidance .

3.6 Services Performed in the United States

Wisconsin Statutes §16.705(1r) requires that services must only be performed within the boundaries of the United States, unless a statutorily defined exception applies. The inability to perform services in the

United States shall be grounds for disqualifying your Bid.

4 CONTRACT TERMS AND CONDITIONS

The Department reserves the right to negotiate these terms and conditions when it is in the best interest of the State to do so. Vendors may not submit their own Contract document as a substitute for the State’s

Terms and Conditions.

Vendors must accept all terms and conditions or submit point-by-point exceptions along with proposed alternative or additional language for each point. The State may or may not consider any of the Vendor’s suggested revisions. Any changes or amendments to any of the terms and conditions will occur only if the change is in the best interest of the State. Pricing submitted should assume that no changes to these terms and conditions will be accepted.

If a Contract document is executed as a result of this procurement, additional terms and conditions may be contained in that document and negotiated at that time.

4.1 Order of Precedence

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In the event of Contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response from the successful Vendor as accepted by the Procuring Agency, and any additional terms agreed to in writing by the parties shall be incorporated into the Contract. Failure of the successful Vendor to accept these elements into the Contract will result in the cancellation of the

Contract award.

In the event of conflict with the incorporated elements of the Contract, the following order of precedence will prevail:

1. Business Associate Agreement (if applicable, see Section 4.13)

2. Final Signed Contract, including all attachments.

3. Official Purchase Order.

4. The State’s RFB, including all attachments, addenda, and revisions.

5. The Vendor’s RFB Response as accepted by the State of Wisconsin.

4.2 Modifications of Contract

The resulting Contract must only be used to purchase services within the scope and intent of the original

Request for Bid. Any modifications made to the resulting Contract must fall within the scope of the Bid.

All modifications must be made in writing and signed by both parties.

4.3 Standard Terms and Conditions

The State of Wisconsin Standard Terms and Conditions (DOA – 3054) and Supplemental Standard

Terms and Conditions for Procurements for Services (DOA – 3681) shall apply to this solicitation and subsequent award, in addition to the Terms and Conditions specified in this solicitation.

4.4 Payment Terms and Schedule

Payment will not be made until the product or services is determined to meet all specifications, requirements, and deliverables and has been accepted by DHS.

Invoicing 4.4.1

Supplier must agree that all invoices and purchasing card charges shall reflect the prices and discounts established for the items on this Contract for all orders placed by the Department even though the Contract number and/or correct prices may not be referenced on each order.

The Department must meet a statutory mandate to pay or reject invoices within thirty (30) days of receipt by Accounts Payable. Before payment is made, DHS must verify that all invoiced charges are correct as per this Contract. Only properly submitted invoices will be officially processed for payment. Final payment may not be made until work has been accepted by the http://vendornet.state.wi.us/vendornet/doaforms/doa-3054.doc http://vendornet.state.wi.us/vendornet/doaforms/doa-3681.doc

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Department. Prompt payment requires that Supplier invoices be clear, complete, and itemized showing:

Supplier name

Supplier number

Remit to address

Purchase order number

Date of order

Item manufacturer’s name or abbreviation (if applicable)

Complete item description including catalog, model and/or stock number(s) identical to those stated in Bid

Prices per the Contract

4.5 Requesting Price Adjustments

Price Decreases 4.5.1

Any price decreases from a manufacturer or third party that are passed through to the Supplier are required to be passed on to the Department within thirty (30) days of the effective date of the price decreases.

Price Increases 4.5.2

4.6 Use of Subcontractors

Vendors must identify any potential Subcontractors in their Bid. The resulting Contract will be between

DHS and the awarded Supplier. The Supplier will be responsible for its Subcontractors’ performance of the pertinent Contract obligations and ensure Subcontractors abide by all terms and conditions of the

RFB and resulting Contract. All Subcontractors must be approved in writing by the Department.

Any proposed substitution of an approved Subcontractor must be submitted in writing to DHS thirty

(30) days prior to implementation of the substitution, and include the substitute’s qualifications, the reason for the change, and the intended effective date of the substitution. Failure to notify the

Department may result in cancellation of the Contract without notice and without penalty to the State.

4.7 Background Checks

DHS reserves the right to conduct background checks on the organization, its officers and employees, and Subcontractors, if applicable, in order to determine whether any conviction exists that is

S-0637 DES-17 Page 19 of 31 substantially related to the service required, or if such conviction may otherwise adversely affect the

Vendor’s ability to perform under the resulting Contract. The State is the sole determinant of whether the results of a background check(s) will negatively impact the Supplier’s ability to meet contractual obligations and requirements.

4.8 Work Rules

All Suppliers and their Subcontractors working on-site are subject to DHS work rules. A copy of these rules may be obtained by written request to the Procurement Manager identified in this RFB.

4.9 Replacement of Contractor Personnel

The Supplier shall assign work under this Contract to workers that are skilled in the tasks to which they are assigned. DHS retains the right to require the reassignment or replacement of contractor personnel, as the Department deems necessary. Reasons for this request may include, but are not limited to, incompetence, carelessness, disruptive, or otherwise objectionable behavior.

The request for replacement is in no way a call for dismissal. It is just a request for the individual to be reassigned out of the DHS program or facility.

4.10 Confidentiality, Proprietary, and Personally Identifiable Information

Supplier acknowledges that some of the data and documentation it may become privy to in the performance of this Contract is of a confidential nature. Supplier shall make all reasonable efforts to ensure that it or its employees and Subcontractors do not disseminate such confidential information.

Supplier or its employees and Subcontractors will not reuse, sell, make available, or make use in any format the data researched or compiled for this Contract for any venture, profitable or not, outside this

Contract. Supplier acknowledges that it has no ownership rights with respect to any data provided by the State.

Supplier agrees to observe complete confidentiality with respect to all aspects of any confidential information, proprietary data and/or trade secrets and any parts thereof, whether such contents are the

State's or the manufacturer's, Vendor's, or distributor's whereby Supplier or any Supplier's personnel may gain access while engaged by the State or while on State premises.

The restrictions herein shall survive the termination of this Contract for any reason and shall continue in full force and effect and shall be binding upon the Supplier or its agents, employees, successors, assigns, Subcontractors, or any party claiming an interest in this Contract on behalf of or under the rights of

Supplier following any termination. Supplier shall advise all of their agents, employees, successors, assigns and Subcontractors which are engaged by the State of the restrictions, present and continuing, set forth herein. Supplier shall defend and incur all costs, if any, for actions that arise as a result of

S-0637 DES-17 Page 20 of 31 noncompliance by Supplier, its agents, employees, successors, assigns and Subcontractors regarding the restrictions herein.

4.11 Recovered Materials

Supplier and its Subcontractors must agree to comply with section 6002 of the Solid Waste Disposal

Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at

40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

4.12 Civil Rights Compliance

In agreements for the provision of services to clients, the Supplier must comply with all applicable

Federal Civil Rights laws. The Supplier must agree to meet State and Federal Civil Rights Compliance

(CRC) laws, requirements, rules and regulations, as they pertain to the services covered by this agreement. All Suppliers must submit the appropriate CRC documentation within fifteen (15) working days of the award date of the agreement or Contract in accordance with the procedures outlined on the following website: http://dhs.wisconsin.gov/civilrights/CRC/requirements.htm.

4.13 Business Associate Agreement

In agreements for the provision of services, activities, or functions covered by the Health Insurance

Portability and Accountability act of 1996 (HIPAA) the Supplier must complete a Business Associate

Agreement (BAA) F-00759. This document must be fully executed before contract performance begins.

4.14 Affirmative Action

As required by Wisconsin's Contract Compliance Law, Wis. Stat. § 16.765, every Supplier contracting with the State of Wisconsin must agree to equal employment and affirmative action policies and practices in its employment programs.

The awarded Supplier must submit an Affirmative Action Plan or Exemption request within fifteen (15) working days of the date of the agreement or Contract in accordance with the procedures outlined on the follow website: http://www.doa.state.wi.us/Divisions/Enterprise-Operations/State-Bureau-of-

Procurement/Vendor/Contract-Compliance

4.15 Liquidated Damages

http://dhs.wisconsin.gov/civilrights/CRC/requirements.htm https://www.dhs.wisconsin.gov/forms/f0/f00759.docx http://www.doa.state.wi.us/Divisions/Enterprise-Operations/State-Bureau-of-Procurement/Vendor/Contract-Compliance http://www.doa.state.wi.us/Divisions/Enterprise-Operations/State-Bureau-of-Procurement/Vendor/Contract-Compliance

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DHS may suffer damages due to the Supplier’s lack of performance of certain terms and conditions of the resulting Contract. The Department reserves the right to negotiate liquidated damages, as required by the State, at the time of Contract.

The Supplier agrees that DHS shall have the right to liquidate such damages through deduction from the

Supplier’s invoices in the amount equal to the damages incurred, or by direct billing to the Supplier.

4.16 Certificates of Insurance

The Supplier shall maintain insurance levels as required in Standard Terms and Conditions, Section

23.0. The insurance policies must be issued by an insurance company licensed to do business in the

State of Wisconsin, with a minimum AM Best rating of A- unless otherwise approved in writing by the

State’s Contract Administrator and the signature of an authorized agent.

The Supplier shall add: “The Wisconsin Department of Health Services, its officers, employees, and agents” as an additional insured under the commercial general, automobile, and liability policies.

A certificate of insurance must be provided to the Department upon request.

4.17 Lobbying Activity Certification

The Supplier shall certify to the State that it will not and has not used Federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of

Congress in connection with obtaining any Federal contract, grant or any other award covered by 31

U.S.C. 1352. Supplier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

Supplier shall use Standard Form LLL for Disclosure of Lobbying Activities available at:

https://www.whitehouse.gov/sites/default/files/omb/grants/sflllin.pdf.

A completed disclosure must be provided upon Contract execution.

4.18 Cancellation and Termination

Termination for Convenience 4.18.1

Either party may terminate this Contract at any time, without cause, by providing a written notice. The State must notify the Supplier at least thirty (30) calendar days prior to the desired date of termination for convenience. The Supplier must notify the State at least one hundred and twenty (120) calendar days prior to the desired date of termination for convenience. During this notification period, the Supplier will continue providing services in accordance with the Contract requirements.

https://www.whitehouse.gov/sites/default/files/omb/grants/sflllin.pdf

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In the event of termination for convenience, the Supplier shall be entitled to receive compensation for any fees owed under the Contract. The Supplier shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the State, multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole discretion of the State, the Supplier may be compensated for the actual service hours provided. The State shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within thirty

(30) days of written notice to the Supplier requesting the refund.

Termination for Cause 4.18.2

The State may terminate the resulting Contract after providing the Supplier with thirty (30) calendar days written notice of the Supplier’s right to cure a failure of the Supplier to perform under the terms of this Contract.

The Supplier may terminate the Contract after providing the State one hundred and twenty (120) calendar days written notice of the State’s right to cure a failure of the State to perform under the terms of this Contract.

Upon the termination of this Contract for any reason, or upon Contract expiration, each party shall be released from all obligations to the other party arising after the date of termination or expiration, except for those that by their terms survive such termination or expiration.

Upon termination for cause, the Supplier shall be entitled to receive compensation for any deliverables’ payments owed under the Contract only for deliverables that have been approved and accepted by DHS.

Contract Cancellation 4.18.3

The State reserves the right to cancel this Contract in whole or in part without penalty if the

Supplier:

Fails to perform any material obligation required under the Contract.

Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity.

o Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice.

o Makes an assignment for the benefit of creditors.

Fails to follow the sales and use tax certification requirements of § 77.66 of the Wisconsin

Statutes.

Incurs a delinquent Wisconsin tax liability.

Fails to submit a non-discrimination or affirmative action plan as required here in.

Fails to follow the non-discrimination or affirmative action requirements of subch. II, Chapter 111 of the Wisconsin Statutes (Wisconsin’s Fair Employment Law).

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Becomes a Federally debarred contractor.

Is excluded from Federal procurement and non-procurement contracts.

Fails to maintain and keep in force all required insurance, permits and licenses as provided in this Contract.

Fails to maintain the confidentiality of the State’s information that is considered to be

Confidential Information, proprietary, or containing Personally Identifiable Information.

Supplier performance threatens the health or safety of a State employee or…