REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES

ADMINISTRATION & ANALYSIS OF THE YRBS,

SCHOOL HEALTH PROFILES, & YTS SURVEYS

ISSUED BY

DEPARTMENT OF HEALTH AND SOCIAL SERVICES, DIVISION OF PUBLIC HEALTH

RFP NUMBER HSS-26-057

Contents:

Appendix A – Minimum Mandatory Submission Requirements Appendix B – Scope of Work and Technical Requirements Appendix C – Vendor Forms Attachment 2 - Vendor Information Form Attachment 3 - Non-Collusion Statement Attachment 4 - Exception Form Attachment 5 - Confidentiality Form Attachment 6 - Business References Attachment 7 - Subcontractor Form – if applicable Appendix D – Templates/Sample Agreements Professional Services Agreement Business Associate Agreement DTI Terms & Conditions

** Ctrl + Click on the headings above will take you directly to the section.

Delaware Health and Social Services

Office of the Secretary d

6982(b) Version: 1/22/2025 DHSS 4/1/2025

Overview

The State of Delaware, Department of Health and Social Services, Division of Public Health seeks professional services for the Administration & Analysis of the YRBS, School Health Profiles, & YTS Surveys. This request for proposals (“RFP”) is issued pursuant to 29 Del. C. §§ 6981 and 6982.

The proposed schedule of events subject to the RFP is outlined below:

Public Notice Date: May 14, 2026

Deadline for Questions Date: June 4, 2026 at 4:30 PM EST

Response to Questions Posted by: Date: June 25, 2026

Deadline for Receipt of Proposals Date: July 16, 2026 at 1:00 PM EDT

Estimated Notification of Award Date: August 7, 2026

Estimated Project Start Date Date: November 1, 2026

Each proposal must be accompanied by a transmittal letter which briefly summarizes the proposing firm’s interest in providing the required professional services.

The transmittal letter must also clearly state and justify any exceptions to the requirements of Appendix D of the RFP (Templates for the Professional Service Agreement, Business Associate Agreement and DTI Terms & Conditions) which the applicant may have taken in presenting the proposal. (Applicant exceptions must also be recorded on Attachment 4).

Furthermore, the transmittal letter must attest to the fact, at a minimum, that the Vendor shall not store or transfer non-public State of Delaware data outside of the United States.

For technology related solicitations, Vendors may refer to the Delaware Department of Technology and Information identified terms and conditions included in this solicitation.

The State of Delaware reserves the right to deny any and all exceptions taken to the RFP requirements.

A pre-bid meeting has NOT been established for this Request for Proposal.

Questions may be submitted no later than June 4, 2026 @ 4:30 PM EST.

All inquiries must be submitted in the Q/A section of the project listing in the Euna Procurement (formerly Bonfire) Portal (https://dhss.bonfirehub.com).

The Department’s response to questions will be posted, according to the procurement schedule, under the project listing in Euna Procurement (formerly Bonfire) and to the State of Delaware Bid Solicitation Directory Website: http://www.bids.delaware.gov/ by June 25, 2026.

Scope of Work

A. Background

Delaware Division of Public Health (DPH) is a nationally accredited State Public Health agency, recognized by the Public Health Accreditation Board (PHAB) for demonstrating commitment to quality improvement, performance management, accountability, transparency, and ability to address public health needs. DPH serves as the center of a comprehensive network of public health services, establishing public health priorities and evaluating the effectiveness of health initiatives.

The mission of the Division of Public Health is to protect and enhance the health of the people of Delaware. The Division accomplishes its mission by:

· working together with others;

· addressing issues that affect the health of Delawareans;

· keeping track of the State’s health;

· promoting positive lifestyles;

· responding to critical health issues and disasters;

· promoting the availability of health services.

The accomplishment of this mission will facilitate the Division in realizing its vision of creating an environment in which people in Delaware can reach their full potential for a healthy life.

Youth Risk Behavior Surveillance System (YRBSS)

In Delaware, the Youth Risk Behavior Surveillance System (YRBSS) will consist of two components:

· the Delaware Youth Risk Behavior Survey (YRBS) and

· the Delaware School Health Profiles (Profiles).

These two components are conducing in opposing years.

The YRBS is an approximately 130 question in-person survey taken by high school students in grades 9-12 in a randomly selected sample of Delaware public high schools in odd years. The sample of schools is selected by the Centers for Disease Control and Prevention based on a sampling frame provided by the contracted vendor.

The YRBS will be conducted three times within the five-year project period (spring 2027, 2029, 2031). The Delaware Profiles are online/electronic surveys sent to and completed by school principals, and lead health education teachers related to school policies that impact health and health education curriculum. These surveys will be conducted with a randomly selected sample of Delaware public high schools twice within the five-year project period (spring 2028 and 2030).

In order for Delaware to receive weighted data that is usable, the Delaware YRBS must be completed by 70% of the students within the sampled selection of schools and the Profiles must be completed by 70% of identified principals and health education teachers within the sampled selection.

The Youth Risk Behavior Surveillance System (YRBSS), a project funded by the Centers for Disease Control and Prevention (CDC), was developed in 1990 to monitor a selection of health behaviors that contribute to the leading causes of death and disability. These behaviors are often developed during childhood and adolescence. Behaviors monitored through the YRBSS include those that relate to injuries, violence, unintended pregnancy, sexually transmitted infections (including HIV), alcohol and drug use, tobacco use, unhealthy dietary behaviors, and lack of physical activity. The YRBS is the largest evidence-based public health surveillance system in the U.S. and the only reliable source of state-level, health behavior data for the teen population in Delaware. Policies, systems, and environment influence health, and understanding the school context related to health is essential to ensuring equity among population health outcomes. The YRBSS also monitors the prevalence of obesity and asthma and provides data on demographic information and sexual identity. Youth Risk Behavior Surveillance System data provide methods for assessing health behaviors and trends over time, comparable data across states, and is a resource for performance management, program improvement, and policy priorities.

The collection of data on Delaware youth risk behaviors actively works to strengthen our capacity to address health inequities in Delaware. Health equity is defined as the attainment of the highest possible level of health for all people achieving the environmental, social, economic, and other conditions in which all people have the opportunity to attain their highest level of health. The important work and outcomes of these surveys help to understand disparities in the health outcomes and behaviors among Delaware youth.

Data from the YRBS and Profiles are used by the Delaware Department of Health and Social Services (DHSS), Division of Public Health (DPH), and a wide variety of other public, private and nonprofit agencies to plan, implement and evaluate effective health promotion and disease prevention programs to improve the health of Delaware residents. Data obtained from these surveys are also used in federal grant applications to secure federal grant funding for both public and private partners in the state. Without it, it is difficult to compete and tell Delaware’s story. YRBS and Profiles provide key measures for a variety of state, Department of Education (DOE), and local school plans related to the education and prevention of risk behaviors in our youth.

Youth Tobacco Surveys (YTS)

The Delaware Youth Tobacco Survey (YTS) is a state-level surveillance survey funded by the CDC that monitors tobacco use behaviors, secondhand smoke exposure, and tobacco-related attitudes and beliefs among youth. Beginning in 2000, this survey has been administered biennially to students in Delaware’s public middle and high schools.

The YTS provides data for planning, implementation, and evaluation of programs aimed at preventing and eliminating youth tobacco use in Delaware. Community outreach partners use YTS data to develop age-appropriate youth programs at the local, county and state levels. The Delaware IMPACT Coalition uses YTS data to develop and evaluate the five-year statewide Plan for a Tobacco Free Delaware, and State Legislators use YTS findings to help inform state-wide policies aimed at reducing the health and economic impacts of tobacco use. The Department of Health and Social Services, Division of Public Health uses YTS data to assess disparities in youth tobacco use and apply for state and federal funding to implement targeted tobacco prevention and control initiatives.

The Youth Tobacco Survey will be conducted two times within the five -year project period, in the 2027-28, and 2029-30 school years. Separate random samples of classrooms will be drawn from a census of public middle schools and high schools. Approximately 2100 students in grades 6 to 8 and 2500 students in grades 9 to 12 will complete the survey. The survey instrument has between 90-100 questions and will be administered using electronic and traditional pencil and paper formats.

The YTS has been administered as a pencil and paper survey in-person in randomly selected classrooms every other year since 2000. In 2016, an electronic version of the YTS was piloted with a small population of students as part of an exploratory research project aimed at enhancing accessibility of standardized health surveys. The project demonstrated the potential for computerized surveys, embedded with skip patterns, to reduce survey completion times, increase participation and improve comprehension among students with special needs. Administratively, online/computerized surveys offer potential savings in printing and processing costs and can improve the quality of the data by reducing the number of steps in data management.

As schools pivot to providing online learning as a result of COVID-19, moving to an online/computerized version of the survey has become not only feasible, but a preferable option than in previous years. During the pandemic and post-pandemic periods, giving schools the flexibility of choosing traditional pencil and paper and/or online/computerized survey formats is likely to improve school and student participation rates and ensure the viability of the YTS.

Please Note: The use of the terms ‘bidders’, vendors’, ‘contractors’, and ‘applicants’ are used interchangeably when describing the activities outlined in this Scope of Services. Likewise, the use of ‘shall’, ‘must’, and ‘will’ are used interchangeably when describing applicant duties.

Project Overview

The purpose of this Request for Proposal is to solicit proposals that will allow the Delaware Department of Health and Social Services (DHSS) Division of Public Health (DPH) to select the most qualified applicant to provide data collection and analyses services of the Youth Risk Behavior Survey (YRBS), the School Health Profiles (Profiles) survey, and the Delaware Youth Tobacco Survey (YTS).

These surveys are grouped into two survey groups based on federal grant funding. Each survey group represents a separate contract. There are two contracts that will result from this RFP.

1. YRBS (conducted in odd-numbered years) and Profiles surveys (conducted in even-numbered years) are combined into one survey group

2. YTS survey (conducted in even-numbered years) is another survey group

The collection of data on Delaware youth risk behaviors actively works to strengthen our capacity to address health inequities in Delaware. Health equity is defined as the attainment of the highest possible level of health for all people achieving the environmental, social, economic, and other conditions in which all people have the opportunity to attain their highest level of health. The important work and outcomes of these surveys help to understand disparities in the health outcomes and behaviors among Delaware youth.

The purpose of the contract(s) resulting from the RFP is to provide the DHSS/ DPH and the U.S. Centers for Disease Control and Prevention (CDC), with datasets containing a required minimum number of responses to the YRBS questionnaire, Profiles questionnaire, and YTS questionnaire. The surveys must be administered in accordance with established CDC policies, guidelines, and protocols.

For the first year of the contract, the selected contractor will sign contracts effective on or around November 1, 2026 covering the subsequent 12 months (or through October 31 of the following year). In subsequent years, the selected contractor will sign effective on or around November 1, covering the subsequent 12 months for each fiscal year of the remaining optional four one-year extension periods. The contractor agrees that the State retains all rights to the completed interviews and datasets, and that the contractor will not release any surveillance information or results without prior written approval from the State.

B. Project Goals

YRBS and Profiles Surveys

Goal 1: Increase the understanding of youth risk behaviors in Delaware.

Objective 1: Obtain weighted behavioral data for the middle and high school populations of Delaware by administering the YRBS to achieve a minimum 70% response rate of sampled students in order to obtain target sample size of an estimated 3,000 students, as determined by CDC (Centers for Disease Control and Prevention). These rates incorporate both school response rate and student response rate.

Goal 2: Increase the understanding of school health policies and practices in Delaware.

Objective 2: Administer School Health Profiles survey and achieve a minimum 70% response rate of sampled principals and health teachers in order to obtain target sample size as determined by CDC.

For both goals, the objective is to obtain weighted data in accordance to, and in compliance of all policies, procedures, and protocols of the Centers for Disease Control and Prevention.

Youth Tobacco Survey (YTS)

Goal 1: Increase understanding of the patterns, knowledge, and attitudes of tobacco use among youth in Delaware.

Objective 1: Monitor trends in use of traditional and emerging tobacco products among middle and high school students, as well as their exposure to secondhand smoke from tobacco products, perceptions of related health risks, and exposure to risk and protective factors influencing their attitudes and decisions around tobacco use.

Objective 2: Identify demographic and geographic disparities in risk of tobacco use among Delaware youth

Objective 3: Disseminate findings from YTS to key stakeholders and the public

Goal 2: Obtain valid population estimates of tobacco use among Delaware youth and obtain information regarding disparities in their patterns of tobacco use, including the risks and protective factors affecting sub-populations of students across multiple demographic variables.

Objective 1: Obtain weighted behavioral data for Delaware’s middle and high school populations by administering two cycles of the Youth Tobacco Survey to an estimated 4500 public school students and attaining an overall response rate (school response x student response rate) of at least 70%.

Objective 2: Maximize student participation, survey comprehension and completion, and inclusion of students with disabilities by providing electronic and pencil and paper survey options.

Objective 3: Maximize school participation through the coordinated administration of youth health surveys, and supplementing incentives provided by YRBS to remainder of schools in the YRS. The purpose of all of these surveys is to help better inform the programs we provide in order to improve the overall health of Delawareans.

C. Scope of Work/Bidders Requirements

The State of Delaware Department of Health and Social Services, Division of Public Health, seeks professional services for the Administration and Analysis of the Youth Risk Behavior Survey (YRBS), School Health Profiles (Profiles) survey, and Youth Tobacco Survey (YTS).

Please refer to Appendix B for details/requirements for the Scope of Work.

Required Information The following information shall be provided in each proposal in the order listed below. Failure to respond to any request for information within this proposal may result in rejection of the proposal at the sole discretion of the State.

A. Minimum Requirements

1. Provide Delaware license(s) and/or certification(s) necessary to perform services as identified in the scope of work.

Prior to the execution of an award document, the successful Vendor shall either furnish the Agency with proof of State of Delaware Business Licensure or initiate the process of application where required.

2. Vendor shall provide responses to the Request for Proposal (RFP) scope of work and clearly identify capabilities as presented in the General Evaluation Requirements below.

3. Complete all appropriate attachments and forms as identified within the RFP.

4. Proof of insurance and amount of insurance shall be furnished to the Agency prior to the start of the contract period and shall be no less than as identified in the bid solicitation, Section V, Item G, subsection 8 (Insurance).

B. General Evaluation Requirements

1. Qualifications of Vendor

2. Methodology Proposed

3. Responses to Scope of Work, Appendix B

4. Ability to recruit, hire, schedule, and train qualified applicants

5. Evaluation of Costs

Professional Services RFP Administrative Information A. RFP Issuance

1. Public Notice Public notice has been provided in accordance with 29 Del. C. § 6981.

2. Obtaining Copies of the RFP This RFP is available in electronic form through the State of Delaware Procurement website at https://mmp.delaware.gov/Bids/ and on Euna Procurement (formerly Bonfire) at https://dhss.bonfirehub.com.

Paper copies of this RFP will not be available.

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

4. RFP Designated Contact All requests, questions, or other communications about this RFP shall be made through Euna Procurement (formerly Bonfire) at https://dhss.bonfirehub.com.

Communications made to other State of Delaware personnel or attempting to ask questions by phone or in person will not be allowed or recognized as valid and may disqualify the vendor.

Vendors should rely only on written statements issued by the RFP designated Contracts, Management and Procurement contact.

The RFP designated contact is:

Bill Ingram 417 Federal Street, Dover, DE 19901 William.ingram@delaware.gov

Contracts, Management and Procurement Contact:

Eddie Mui Management Analyst III DHSS_DMS_dmsprocure@delaware.gov

5. Consultants and Legal Counsel The State of Delaware may retain consultants or legal counsel to assist in the review and evaluation of this RFP and the vendors’ responses. Bidders shall not contact the State’s consultant or legal counsel on any matter related to the RFP.

6. Contact with State Employees Direct contact with State of Delaware employees other than the State of Delaware Designated Contact regarding this RFP is expressly prohibited without prior consent. Vendors directly contacting State of Delaware employees risk elimination of their proposal from further consideration. Exceptions exist only for organizations currently doing business in the State who require contact in the normal course of doing that business.

7. Organizations Ineligible to Bid Any individual, business, organization, corporation, consortium, partnership, joint venture, or any other entity including subcontractors currently debarred or suspended is ineligible to bid. Any entity ineligible to conduct business in the State of Delaware for any reason is ineligible to respond to the RFP.

8. Exclusions The Proposal Evaluation Team reserves the right to refuse to consider any proposal from a vendor who:

a. Has been convicted of commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of the contract or subcontract:

b. Has been convicted under State or Federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or other offense indicating a lack of business integrity or business honesty that currently and seriously affects responsibility as a State contractor:

c. Has been convicted or has had a civil judgment entered for a violation under State or Federal antitrust statutes:

d. Has violated contract provisions such as:

1) Known failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or

2) Failure to perform or unsatisfactory performance in accordance with terms of one or more contracts;

e. Has violated ethical standards set out in law or regulation; and

f. Any other cause listed in regulations of the State of Delaware determined to be serious and compelling as to affect responsibility as a State contractor, including suspension or debarment by another governmental entity for a cause listed in the regulations.

B. RFP Submissions

1. Acknowledgement of Understanding of Terms By submitting a bid, each vendor shall be deemed to acknowledge that it has carefully read all sections of this RFP, including all forms, schedules and exhibits hereto, and has fully informed itself as to all existing conditions and limitations.

2. Proposals To be considered, all proposals must be submitted in through Euna Procurement (formerly Bonfire) at https://dhss.bonfirehub.com/ and respond to the items outlined in this RFP.

The State reserves the right to reject any non-responsive or non-conforming proposals.

Responses submitted by hard copy, mail, facsimile, or e-mail will not be accepted.

All proposals must be submitted prior to 1:00 PM EDT on July 16, 2026.

PROPOSAL REQUIREMENTS

a. Proposals must be received before the Proposal Due Date and Time, as identified in the Procurement Schedule for this RFP.

Responses received after the Proposal Due Date and Time will not be accepted.

b. Upload your submission at: https://dhss.bonfirehub.com/

Important Notes:

· Logging in and/or uploading the file(s) does not mean the response is submitted. Users must successfully upload all the file(s) and MUST click the submit button before the proposal due date and time.

· Users will receive an email confirmation receipt with a unique confirmation number once the submission has been finalized. This will confirm that the proposal has been submitted successfully.

· Each submitted item of Requested Information will only become visible to DHSS after the proposal due date and time.

· If the file is mandatory, you will not be able to complete your submission until the requirement is met.

· Uploading large documents may take significant time depending on the size of the file(s) and your Internet connection speed. The maximum upload file size is 1000 MB.

· Minimum system requirements: Microsoft Edge, Google Chrome, or Mozilla Firefox. Java Script must be enabled.

· Notarizations are no longer required.

Need Help? Please contact Euna Procurement (formerly Bonfire) directly at Bonfire Hub, email to support.bonfire@eunasolutions.com, or call 1- 844- 226- EUNA (3862) press 1 for customer support/technical questions or issues related to your submission. You can also visit their help forum at https://customer.eunasolutions.com/public/s/contactsupport.

Any proposal submitted after the Deadline for Receipt of Proposals date will not be accepted. The contents of any proposal shall not be disclosed as to be made available to competing entities during the negotiation process.

Upon receipt of vendor proposals, each vendor shall be presumed to be thoroughly familiar with all specifications and requirements of this RFP. The failure or omission to examine any form, instrument or document shall in no way relieve vendors from any obligation in respect to this RFP.

3. Proposal Modifications Any changes, amendments or modifications to a proposal must be submitted through Euna Procurement (formerly Bonfire) prior to the proposal due date. Changes, amendments, or modifications to proposals shall not be accepted or considered after the hour and date specified as the deadline for submission of proposals.

4. Proposal Costs and Expenses The State of Delaware will not pay any costs incurred by any Vendor associated with any aspect of responding to this solicitation, including proposal preparation, printing or delivery, attendance at vendor’s conference, system demonstrations or negotiation process.

5. Proposal Expiration Date Prices quoted in the proposal shall remain fixed and binding on the bidder at least through October 31, 2027. The State of Delaware reserves the right to ask for an extension of time if needed.

6. Late Proposals Proposals submitted after the specified date and time will not be accepted by the Euna Procurement (formerly Bonfire) Portal. Evaluation of the proposals is expected to begin shortly after the proposal due date. To document compliance with the deadline, the proposal will be date and time stamped upon receipt by Euna Procurement (formerly Bonfire).

7. Proposal Opening The State of Delaware will receive proposals via Euna Procurement (formerly Bonfire) until the date and time shown in this RFP. Proposals will be opened in the presence of State of Delaware personnel.

There will be no public opening of proposals, but a public log will be kept of the names of all vendor organizations that submitted proposals. The contents of any proposal shall not be disclosed in accordance with 29 Del. C. § 10001, et seq. (“FOIA”).

8. Non-Conforming Proposals Non-conforming proposals will not be considered. Non-conforming proposals are defined as those that do not meet the requirements of this RFP. The determination of whether an RFP requirement is substantive, or a mere formality shall reside solely within the State of Delaware.

9. Concise Proposals The State of Delaware discourages overly lengthy and costly proposals. It is the desire that proposals be prepared in a straightforward and concise manner. Unnecessarily elaborate brochures or other promotional materials beyond those sufficient to present a complete and effective proposal are not desired. The State of Delaware’s interest is in the quality and responsiveness of the proposal.

10. Realistic Proposals It is the expectation of the State of Delaware that vendors can fully satisfy the obligations of the proposal in the manner and timeframe defined within the proposal. Proposals must be realistic and must represent the best estimate of time, materials and other costs including the impact of inflation and any economic or other factors that are reasonably predictable.

The State of Delaware shall bear no responsibility or increase obligation for a vendor’s failure to accurately estimate the costs or resources required to meet the obligations defined in the proposal.

11. Confidentiality of Documents The State of Delaware and its constituent agencies are required to comply with the State of Delaware Freedom of Information Act, 29 Del. C. § 10001, et seq. (“FOIA”). FOIA requires that the State of Delaware’s records are public records (unless otherwise declared by FOIA or other law to be exempt from disclosure) and are subject to inspection and copying by any person upon a written request. All proposals are subject to FOIA’s public disclosure obligations.

(Note: A FOIA request can be made by emailing dhss.foia@delaware.gov. DHSS will comply with the request after the RFP has been awarded.)

The State of Delaware wishes to create a business-friendly environment and procurement process. As such, the State respects the vendor community’s desire to protect its intellectual property, trade secrets, and confidential business information (collectively referred to herein as “confidential business information”). Proposals must contain sufficient information to be evaluated. If a vendor feels that they cannot submit their proposal without including confidential business information, they must adhere to the following procedure, or their proposal may be deemed unresponsive, may not be recommended for selection, and any applicable protection for the vendor’s confidential business information may be lost.

In order to allow the State to assess its ability to protect a vendor’s confidential business information, vendors will be permitted to designate appropriate portions of their proposal as confidential business information.

Vendor(s) may submit portions of a proposal considered to be confidential business information in separate file(s) identified as “Confidential Business Information” and include the specific RFP number. The file must contain a letter from the vendor’s legal counsel describing the documents in the file, representing in good faith that the information in each document is not “public record” as defined by 29 Del. C. § 10002, and briefly stating the reasons that each document meets the said definitions.

Upon receipt of a proposal accompanied by such separate file(s), the State of Delaware will open the file to determine whether the procedure described above has been followed. A vendor’s allegation as to its confidential business information shall not be binding on the State. The State shall independently determine the validity of any vendor designation as set forth in this section. Any vendor submitting a proposal or using the procedures discussed herein expressly accepts the State’s absolute right and duty to independently assess the legal and factual validity of any information designated as confidential business information. Accordingly, vendor(s) assume the risk that confidential business information included in a proposal may enter the public domain.

12. Multi-Vendor Solutions (Joint Ventures) Multi-vendor solutions (joint ventures) will be allowed only if one of the venture partners is designated as the “prime contractor”. The “prime contractor” must be the joint venture’s contact point for the State of Delaware and be responsible for the joint venture’s performance under the contract, including all project management, legal and financial responsibility for the implementation of all vendor systems. If a joint venture is proposed, a copy of the joint venture agreement clearly describing the responsibilities of the partners must be submitted with the proposal. Services specified in the proposal shall not be subcontracted without prior written approval by the State of Delaware, and approval of a request to subcontract shall not in any way relieve Vendor of responsibility for the professional and technical accuracy and adequacy of the work. Further, vendor shall be and remain liable for all damages to the State of Delaware caused by negligent performance or non-performance of work by its subcontractor or its sub-subcontractor.

Multi-vendor proposals must be a consolidated response with all costs included in the cost summary. Where necessary, RFP response pages are to be duplicated for each vendor.

a. Primary Vendor The State of Delaware expects to negotiate and contract with only one “prime vendor”. The State of Delaware will not accept any proposals that reflect an equal teaming arrangement or from vendors who are co-bidding on this RFP. The prime vendor will be responsible for the management of all subcontractors.

Any contract that may result from this RFP shall specify that the prime vendor is solely responsible for fulfillment of any contract with the State as a result of this procurement. The State will make contract payments only to the awarded vendor. Payments to any subcontractors are the sole responsibility of the prime vendor (awarded vendor).

Nothing in this section shall prohibit the State of Delaware from the full exercise of its options under Section IV.B.18 regarding multiple source contracting.

b. Sub-contracting The vendor selected shall be solely responsible for contractual performance and management of all subcontract relationships. This contract does not allow subcontracting assignments.

The prime vendor shall be wholly responsible for the entire contract performance whether or not subcontractors are used.

c. Multiple Proposals A primary vendor may not participate in more than one proposal in any form. Sub-contracting vendors may participate in multiple joint venture proposals.

13. Sub-Contracting The vendor selected shall be solely responsible for contractual performance and management of all subcontract relationships. This contract allows subcontracting assignments; however, vendors assume all responsibility for work quality, delivery, installation, maintenance, and any supporting services required by a subcontractor.

The use of subcontractors WILL NOT be permitted for this project.

If a subcontractor is going to be used, this needs to be specified in the proposal, with an identification of the proposed subcontractor by name, the service(s) to be provided, and its qualifications to provide such service(s).

Subcontractors will be held to the same requirements as the primary contractor.

The contract with the primary contractor will bind sub or co-contractors to the primary contractor by the terms, specifications, and standards of the RFP. All such terms, specifications, and standards shall preserve and protect the rights of the agency under the RFP and any subsequent proposals and contracts with respect to the services performed by the sub or co-contractor, so that the sub or co-contractor will not prejudice such rights. Nothing in the RFP shall create any contractual relation between any sub or co-contractor and the agency.

14. Discrepancies and Omissions Vendor is fully responsible for the completeness and accuracy of their proposal, and for examining this RFP and all addenda. Failure to do so will be at the sole risk of vendor. Should vendors find discrepancies, omissions, unclear or ambiguous intent or meaning, or should any questions arise concerning this RFP, vendor shall notify the State of Delaware’s Designated Contact, in writing, of such findings at least ten (10) days before the proposal opening. This will allow issuance of any necessary addenda. It will also help prevent the opening of a defective proposal and exposure of vendor’s proposal upon which award could not be made. All unresolved issues should be addressed in the proposal.

Protests based on any omission or error, or on the content of the solicitation, will be disallowed if these faults have not been brought to the attention of the Designated Contact, in writing, at least ten (10) calendar days prior to the time set for opening of the proposals.

15. State’s Right to Reject Proposals The State of Delaware reserves the right to accept or reject any or all proposals or any part of any proposal, to waive defects, technicalities or any specifications (whether they be in the State of Delaware’s specifications or vendor’s response), to sit and act as sole judge of the merit and qualifications of each product offered, or to solicit new proposals on the same project or on a modified project which may include portions of the originally proposed project as the State of Delaware may deem necessary in the best interest of the State of Delaware.

16. State’s Right to Cancel Solicitation The State of Delaware reserves the right to cancel this solicitation at any time during the procurement process, for any reason or for no reason. The State of Delaware makes no commitments expressed or implied, that this process will result in a business transaction with any vendor.

This RFP does not constitute an offer by the State of Delaware. Vendor’s participation in this process may result in the State of Delaware selecting your organization to engage in further discussions and negotiations toward execution of a contract. The commencement of such negotiations does not, however, signify a commitment by the State of Delaware to execute a contract nor to continue negotiations. The State of Delaware may terminate negotiations at any time and for any reason, or for no reason.

17. State’s Right to Award Multiple Source Contracting Pursuant to 29 Del. C. § 6986, the State of Delaware may award a contract for a particular professional service to two or more vendors if the agency head makes a determination that such an award is in the best interest of the State of Delaware.

18. Potential Contract Overlap Vendors shall be advised that the State, at its sole discretion, shall retain the right to solicit for goods and/or services as required by its agencies and as it serves the best interest of the State. As needs are identified, there may exist instances where contract deliverables, and/or goods or services to be solicited and subsequently awarded, overlap previous awards. The State reserves the right to reject any or all bids in whole or in part, to make partial awards, to award to multiple vendors during the same period, to award by types, on a zone-by-zone basis or on an item-by-item or lump sum basis item by item, or lump sum total, whichever may be most advantageous to the State of Delaware.

19. Supplemental Solicitation The State reserves the right to advertise a supplemental solicitation during the term of the Agreement if deemed in the best interest of the State.

20. Notification of Withdrawal of Proposal Vendor may modify or withdraw its proposal by written request, provided that both proposal and request is received by the State of Delaware prior to the proposal due date. Proposals may be re-submitted in accordance with the proposal due date in order to be considered further.

Proposals become the property of the State of Delaware at the proposal submission deadline. All proposals received are considered firm offers at that time.

21. Revisions to the RFP If it becomes necessary to revise any part of the RFP, an addendum will be posted on the State of Delaware’s website at www.bids.delaware.gov and https://dhss.bonfirehub.com. The State of Delaware is not bound by any statement related to this RFP made by any State of Delaware employee, contractor or its agents.

22. Exceptions to the RFP Any exceptions to the RFP, or the State of Delaware’s terms and conditions, must be recorded on Attachment 4. Acceptance of exceptions is within the sole discretion of the evaluation committee.

23. Business References Provide at least three (3) business references consisting of current or previous customers of similar scope and value using Attachment 6. Include business name, mailing address, contact name and phone number, number of years doing business with, and type of work performed. Personal references cannot be considered.

24. Award of Contract The final award of a contract is subject to approval by the State of Delaware. The State of Delaware has the sole right to select the successful vendor(s) for award, to reject any proposal as unsatisfactory or non-responsive, to award a contract to other than the lowest priced proposal, to award multiple contracts, or not to award a contract, as a result of this RFP.

Notice in writing to a vendor of the acceptance of its proposal by the State of Delaware and the subsequent full execution of a written contract will constitute a contract, and no vendor will acquire any legal or equitable rights or privileges until the occurrence of both such events.

a. RFP Award Notifications After reviews of the evaluation committee report and its recommendation, and once the contract terms and conditions have been finalized, the State of Delaware will award the contract.

The contract shall be awarded to the vendor whose proposal is most advantageous, taking into consideration the evaluation factors set forth in the RFP.

It should be explicitly noted that the State of Delaware is not obligated to award the contract to the vendor who submits the lowest bid or the vendor who receives the highest total point score, rather the contract will be awarded to the vendor whose proposal is the most advantageous to the State of Delaware. The award is subject to the appropriate State of Delaware approvals.

After a final selection is made, the winning vendor will be invited to negotiate a contract with the State of Delaware; remaining vendors will be notified in writing of their selection status.

25. Cooperatives Vendors, who have been awarded similar contracts through a competitive bidding process with a cooperative, are welcome to submit the cooperative pricing for this solicitation. State of Delaware terms will take precedence.

C. RFP Evaluation Process An evaluation team composed of representatives of the State of Delaware will evaluate proposals on a variety of quantitative criteria. Neither the lowest price nor highest scoring proposal will necessarily be selected.

The State of Delaware reserves full discretion to determine the competence and responsibility, professionally and/or financially, of vendors. Vendors are to provide in a timely manner any and all information that the State of Delaware may deem necessary to decide.

1. Proposal Evaluation Team The Proposal Evaluation Team shall be comprised of representatives of the State of Delaware. The Team shall determine which vendors meet the minimum requirements pursuant to selection criteria of the RFP and procedures established in 29 Del. C. §§ 6981 and 6982. Professional services for this solicitation are considered under 29 Del. C. § 6982(b). The Team may negotiate with one or more vendors during the same period and may, at its discretion, terminate negotiations with any or all vendors. The Team shall make a recommendation regarding the award to the director of the Division of Public Health, who shall have final authority, subject to the provisions of this RFP and 29 Del. C. § 6982(b), to award a contract to the successful vendor in the best interests of the State of Delaware.

2. Proposal Selection Criteria The Proposal Evaluation Team shall assign up to the maximum number of points for each Evaluation Item to each of the proposing vendor’s proposals. All assignments of points shall be at the sole discretion of the Proposal Evaluation Team.

The proposals shall contain the essential information on which the award decision shall be made. The information required to be submitted in response to this RFP has been determined by the State of Delaware to be essential for use by the Team in the bid evaluation and award process. Therefore, all instructions contained in this RFP shall be met in order to qualify as a responsive and responsible contractor and participate in the Proposal Evaluation Team’s consideration for award. Proposals which do not meet or comply with the instructions of this RFP may be considered non-conforming and deemed non-responsive and subject to disqualification at the sole discretion of the Team.

The Team reserves the right to:

· Select for contract or for negotiations a proposal other than that with lowest costs.

· Reject any and all proposals or portions of proposals received in response to this RFP or to make no award or issue a new RFP.

· Waive or modify any information, irregularity, or inconsistency in proposals received.

· Request modification to proposals from any or all vendors during the contract review and negotiation.

· Negotiate any aspect of the proposal with any vendor and negotiate with more than one vendor at the same time.

· Select more than one vendor pursuant to 29 Del. C. § 6986.

Criteria Weight All proposals shall be evaluated using the same criteria and scoring process. The following criteria shall be used by the Evaluation Team to evaluate proposals:

Qualifications of vendor

a) Administrative Oversight

b) Past experience in successfully operating quality programs of a similar type and with a similar population

c) Quality Assurance Program details

d) Available resources

Methodology Proposed

a) Services proposed fit needs as expressed in RFP

b) Proposed activities follow a logical sequence

c) Adequacy of workplan & timeline schedules

d) Builds on existing work of the Division’s planning efforts

Vendors are encouraged to review the evaluation criteria and to provide a response that addresses each of the scored items. Evaluators will not be able to make assumptions about a vendor’s capabilities so the responding vendor should be detailed in their proposal responses.

3. Proposal Clarification The Evaluation Team may contact any vendor in order to clarify uncertainties or eliminate confusion concerning the contents of a proposal. Proposals may not be modified as a result of any such clarification request.

4. References The Evaluation Team may contact any customer of the vendor, whether or not included in the vendor’s reference list, and use such information in the evaluation process. Additionally, the State of Delaware may choose to visit existing installations of comparable systems, which may or may not include vendor personnel. If the vendor is involved in such site visits, the State of Delaware will pay travel costs only for State of Delaware personnel for these visits.

5. Oral Presentations After initial scoring and a determination that vendor(s) are qualified to perform the required services, selected vendors may be invited to make oral presentations to the Evaluation Team. All vendor(s) selected will be given an opportunity to present to the Evaluation Team.

The selected vendors will have their presentations scored or ranked based on their ability to successfully meet the needs of the contract requirements, successfully demonstrate their product and/or service, and respond to questions about the solution capabilities.

The vendor representative(s) attending the oral presentation shall be technically qualified to respond to questions related to the proposed system and its components.

All of the vendor's costs associated with participation in oral discussions and system demonstrations conducted for the State of Delaware are the vendor’s responsibility.

Contract Terms and Conditions

0. Contract Use by Other Agencies REF: Title 29, Chapter 6904(e) Delaware Code. If no state contract exists for a certain good or service, covered agencies may procure that certain good or service under another agency's contract so long as the arrangement is agreeable to all parties. Agencies, other than covered agencies, may also procure such goods or services under another agency's contract when the arrangement is agreeable to all parties.

Cooperative Use of Award As a publicly competed contract awarded in compliance with 29 DE Code Chapter 69, this contract is available for use by other states and/or governmental entities through a participating addendum. Interested parties should contact the State Contract Procurement Officer identified in the contract for instruction. Final approval for permitting participation in this contract resides with the Director of Government Support Services and in no way places any obligation upon the awarded vendor(s).

General Information

1. The term of the contract between the successful bidder and the State shall be for one (1) year with four (4) optional extensions for a period of one (1) year for each extension.

2. As a Service subscription license costs shall be incurred at the individual license level only as the individual license is utilized within a fully functioning solution. Subscription costs will not be applicable during periods of implementation and solution development prior to the State’s full acceptance of a working solution. Additional subscription license requests above actual utilization may not exceed 5% of the total and are subject to Delaware budget and technical review.

3. The selected vendor will be required to enter into a written agreement with the State of Delaware. The State of Delaware reserves the right to incorporate standard State contractual provisions into any contract negotiated as a result of a proposal submitted in response to this RFP. Any proposed modifications to the terms and conditions of the standard contract are subject to review and approval by the State of Delaware. Vendors will be required to sign the contract for all services and may be required to sign additional agreements.

4. The selected vendor or vendors will be expected to enter negotiations with the State of Delaware, which will result in a formal contract between parties. Procurement will be in accordance with subsequent contracted agreement. This RFP and the selected vendor’s response to this RFP will be incorporated as part of any formal contract.

5. The State of Delaware’s standard contract will most likely be supplemented with the vendor’s software license, support/maintenance, source code escrow agreements, and any other applicable agreements. The terms and conditions of these agreements will be negotiated with the finalist during actual contract negotiations.

6. The…