22RFP8095_State Literacy Plan PD.docx

STATE OF SOUTH DAKOTA

DEPARTMENT OF EDUCATION

800 GOVERNORS DRIVE

PIERRE, SOUTH DAKOTA 57501-3182

Professional Development for Early Childhood and K-12 Literacy PROPOSALS DEADLINE: December 2, 2022 by 5:00 PM CT

RFP #: 22RFP8095 Buyer: Rochelle Kenzy Phone: (605) 773-8063

REQUEST FOR PROPOSAL FORM

PRIMARY CONTACT INFORMATION

General Information

1.1 Purpose of this Request for Proposal (“RFP”)

The South Dakota Department of Education’s Division of Learning and Instruction (“State”) seeks a qualified vendor to provide professional services on behalf of the State of South Dakota (“Consultant”) for the purpose of professional development for Early Childhood and K-12 literacy as further specified in Section 2.

The Consultant will review all requirements of the RFP and provide a proposal by the deadline listed below. The Consultant will also provide supporting documentation on qualifications and experience to the State.

1.2 Schedule of Activities

RFP Publication November 4, 2022

Deadline for Submission of Written Inquiries November 14, 2022 by 5:00 PM CT

Responses to Consultant Questions November 21, 2022

Proposal Submission Deadline December 2, 2022 5:00 PM CT

Oral proposals/Technology Review discussions (if required) December 5-16, 2022

Contract Negotiation December 19-26. 2022

Anticipated Award January 6-23, 2023

Contract Start Date February 8, 2023

1.3 Proposal Submission

All proposals must be completed and received by the date and time indicated in the Schedule of Activities.

Proposals received after the deadline will be late and ineligible for consideration.

An original and two (2) copies of the proposal shall be submitted. In addition, the Consultant shall provide one (1) copy of their entire proposal, including all attachments, in Microsoft Word or PDF electronic format. Consultants shall enclose the electronic copy with their mailed response and may not send the electronically copy of their proposal via email.

All proposals must be signed, in ink, by an officer of the responder, legally authorized to bind the responder to the proposal, and sealed in the form intended by the respondent. Proposals that are not properly signed may be rejected. The sealed envelope must be marked with the appropriate RFP Number and Title. The words “Sealed Proposal Enclosed” must be prominently denoted on the outside of the shipping container. Proposals must be addressed and labeled as follows:

REQUEST FOR PROPOSAL #22RFP8095

BUYER ROCHELLE KENZY

DEPARTMENT OF EDUCATION

800 GOVERNORS DRIVE

PIERRE SD 57501-3182

Proposals may be modified or withdrawn by the Consultant prior to the established due date and time. No oral, telephonic, telegraphic or facsimile responses or modifications to proposals will be considered.

1.4 Certification and Qualification

By signing and submitting this proposal, the Consultant certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds. Where the Consultant is unable to certify to any of the statements in this certification, the Consultant shall attach an explanation to their proposal.

No proposal shall be accepted from, or no contract or purchase order shall be awarded to, any person, firm or corporation that is in arrears upon any obligations to the State of South Dakota, or that otherwise may be deemed irresponsible or unreliable by the State.

1.5 Non-Discrimination Statement

The State of South Dakota requires that all contractors, vendors, and suppliers doing business with any State, department, or institution, provide a statement of non-discrimination. By signing and submitting their proposal, the Consultant certifies they do not discriminate in their employment practices with regard to race, color, creed, religion, age, sex, marital status, sexual orientation, ancestry, national origin or disability.

1.6 Consultant Inquiries

Consultants may make email inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Schedule of Activities. Inquiries must be sent to Rochelle Kenzy at Rochelle.Kenzy@state.sd.us with the subject line “RFP #22RFP8095”.

The State will respond to Consultant’s inquiries (if required) via e-mail. All Consultants will be informed of any inquiries and the State’s response. Consultants may not rely on any other statements, either of a written or oral nature, that alter any specification or other term or condition of this RFP. Consultants will be notified in the same manner as indicated above regarding any modifications to this RFP.

Consultant’s Contacts: Consultant and their agents must direct all questions and comments regarding this RFP to the buyer of record as indicated above. Consultants and their agents may not contact any State of South Dakota employee other than the buyer of record regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension or exclusion from specific procurements. Consultants and their agents who have questions regarding this matter should contact the buyer of record.

1.7 Proprietary Information

The proposal of the successful Consultant(s) becomes public information as required by SDCL § 1-27 and § 5-18D-20. Proprietary information can be protected under limited circumstances such as client lists and non-public financial statements. Pricing and service elements are not considered proprietary. An entire proposal may not be marked as proprietary. Consultants must clearly identify in the Executive Summary and mark in the body of the proposal any specific proprietary information they are requesting to be protected. The Executive Summary must contain specific justification explaining why the information is to be protected. Proposals may be reviewed and evaluated by any person at the discretion of the State. All materials submitted become the property of the State and may be returned only at the State's option.

1.8 Length of Contract

February 1, 2023 - September 30, 2024

The State reserves the right to extend any contract awarded as a result of this Request for Proposal (RFP) for additional five (5) years if it is deemed to be in the best interest of the State of South Dakota. The contract may be renewed at the initiative of the State, and if mutually agreed upon by the parties, for additional one (1) year terms.

1.9 Contract Terms

Any contract or agreement resulting from this RFP will include the State’s standard terms and conditions as set forth in Exhibit B – Standard Contract Terms and Conditions, and Exhibit D – BIT Required Contract Terms

The Consultant must indicate in their response any issues they have with specific contract terms if the Consultant does not indicate that there are any issues with any contract terms then the State will assume those terms are acceptable to the Consultant.

1.10 Governing Law

Venue for any and all legal action regarding or arising out of the transaction covered herein shall be solely in the Sixth Judicial Circuit, Hughes County, South Dakota. The laws of South Dakota shall govern this transaction.

1.11 Restriction of Boycott of Israel

For contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder or Consultant certifies and agrees that the following information is correct:

The bidder or Consultant, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or Consultant on this project and terminate any contract awarded based on the bid or response. The successful bidder or Consultant further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

Scope of Work

The Consultant shall provide the State a proposed plan with high quality, interactive, research-based literacy programs for professional development for educators in Early Childhood through K-12 settings. The literacy professional development programs will be inclusive to general education, special education, and administrative participants in a virtual or face-to-face setting.

1.12 Implementation Plan

1.12.1 The Consultant shall provide the State a proposed implementation plan for providing training and rolling out the program identified for educator professional development. The State and Consultant will agree upon a timeline for submitting and carry out of the implementation plan. The implementation plan shall include:

1.12.1.1 Timeline for set-up and delivery of services,

1.12.1.2 Suggest professional development plan or pathway

1.12.1.3 Nature of technical support that will be provided,

1.12.1.4 Plan for ongoing technical and content support for educators

1.12.2 The Consultant shall work with the state assigned support personnel to support the State and enrolled educators through the implementation of the literacy professional development program components. The Consultant shall designate appropriate personnel to participate in conference calls with the State and/or State assigned support personnel. The Consultant’s Program Manager and State personnel shall work collaboratively to develop a mutually agreed upon agenda for any conference calls.

1.12.3 The Consultant shall provide options for professional development through virtual modules, online trainings, or face-to-face training sessions. The Consultant will provide appropriate and ample teacher materials to learn the program and support implementation as well as interpret data associated with the learning platform.

1.12.4 The Consultant shall work with the State to create a monthly usage report or provide access to a dashboard for reviewing participant progress and ensuring completion dates. Any data or completion elements in the report will be agreed upon by State and Consultant. Any agreed upon reports shall be available in excel and pdf format.

1.12.5 The Consultant shall provide ongoing customer service and technical assistance and shall be available in accordance with South Dakota school anticipated calendars from 7:30 a.m.—5:00 p.m. Monday-Friday, with the exception of major holidays including Christmas Day through New Year’s Day, Thanksgiving, Memorial Day, and Labor Day.

1.12.6 The Consultant shall work with the State on distribution of text materials both online and via shipping delivery. Distribution timelines and participants lists will be determined by both the Consultant and the State assigned personnel.

1.13 Professional Development Content Quality

1.13.1 The Consultant shall provide the State with professional development programs that are high quality, research-based and align with the science of reading and National Reading Panel research outcomes. The programs shall include all key instructional content targeting phonemic awareness, phonics, fluency, vocabulary, and written expression. The program shall include either a reading or writing focus, or one incorporating both reading/writing within the scope of content options. Information is current, relevant, and systemic for educators from general education, special education, or administrative levels.

1.13.2 The Consultant shall provide literacy professional development programs that shall align to the South Dakota English Language Arts Standards (Attached in Exhibit A) including K-12, Foundational Reading Standards, and 6-12 English Language Arts Standards in Science, History/Social Studies, and other Technical Subjects.

1.13.3 The Consultant shall provide literacy professional development that support educators and apply piece or portion for one or more of the following grade bands:

1) Birth to 5 years old

2) PreK/K-3rd grade

3) K-5th grade

4) K-8th grade

5) 3-5th grade

6) 4-8th grade

7) 6-8th grade

8) 9-12th grade

9) K-12th grade program

1.13.4 The Consultant shall provide professional development programs that apply piece or portion seeking for one or more entities in the following educator areas and shall ensure that the program is as accessible as possible by all educators, including those with disabilities or English Learners.

1) Early Childhood

2) General Education

3) Special Education

4) Administrators

5) Post-Secondary

1.13.5 The Consultant shall provide professional development programs that accommodate a variety of interests, abilities, and learning styles; is usable for individual and group instructions in a virtual or face-to-face setting.

1.13.6 The program incorporates features that support user-friendly navigation and adaptive/assistive technologies.

1) Graphics and multimedia: Graphics, audio, video, and music are of high quality and optimize learning. Background and text are compatible and easy to read.

2) Navigation: Screen directions are easy to follow. Pace is controllable with options for stop/pause/exit. Layout is logical and consistent.

3) Text-to-speech supports as needed.

4) Text enlargement up to 4 times to standard presentation.

5) Compliance with the Department’s technology accessibility standards.

6) Compliance with federal laws Section 508 website accessibility, and Section 504 adaptive assistive technologies.

1.14 Monitor Educator Progress

1.14.1 The Consultant shall provide professional development that provides individual participant and group data, tracking progress toward objectives and training completion.

1) The program shall monitor educator progress through objective and validated measures.

2) The program shall provide participants either certificates indicating program completion or mastery, or post-test assessment scores indicating progress/completion.

1.14.2 The Consultant shall provide the State with program information identifying certificates of completion, completion of mastery, pass/fail components, continuing education hours, or graduate credit options for participants in the professional development training options.

1.15 Real Time Data Reports/State Monthly Reports

1.15.1 The professional development program shall provide educators and administrators with immediate reporting including data on progress towards skill attainment, an assessment (pre/post-test), and a pacing guide to achieve final completion date.

1.15.2 State level reports for all participants shall be available to the State or state assigned personnel.

1.15.3 The Consultant shall work with the State to create a monthly report with agreed upon elements and data pieces. Monthly usage reports shall be in excel and pdf format.

1.16 Technology Based Systems

1.16.1 The Consultant’s online literacy professional development trainings or modules must accommodate the following minimum systems:

1) Windows 2 ) Mac

3) iPad Tablet Device

4) Android Table Device

5) Chromebook

1.16.2 The User Interface shall provide the following:

1) Text and graphics that are user-friendly and appropriate

2) Ability to accurately match participant data, roster, or dashboard access for the State.

1.16.3 The Consultant shall host the online program and provide continuous and reliable access to the online program.

1) Participants will be provided username/password for access to the online learning modules/trainings.

2) Participants will be provided online resources to complete the training module sessions.

Technology Requirements

1.16.4 This section identifies tasks and deliverables of the project described in this RFP. The selected Consultant is responsible for providing the required deliverables. These deliverables will be the basis against which the Consultant’s performance will be evaluated.

1.16.5 Single Sign-On Requirements

As part of the State’s Identity and Access Management (IAM) strategy, the proposed solution will need to integrate with the State of South Dakota’s standard identity management service single sign-on (SSO) which enables custom control of how citizens and state employees sign up, sign in, and manage their profiles. The SSO supports two industry standard protocols: OpenID Connect and OAuth 2.0 (preferred). This identity management will handle password recovery. Multi-factor Authentication (MFA) is required for all application Administrators and may be required for other users. Microsoft’s official documentation on the identity provider the State has implemented can be found at https://docs.microsoft.com/en-us/azure/active-directory-b2c/ and https://docs.microsoft.com/en-us/azure/active-directory-b2c/ integrate-with-app-code-samples.

If the offeror is not able to fulfil this identity management standard, they will be excluded from the list.

1.16.6 Hosting and Data Access Requirements

The State shall own the data tables and have the ability to manipulate data, run reports as needed, pull code tables, access raw data, and develop dashboards as needed through Microsoft Power BI, ESRI, Tableau and associated platforms.

1.16.7 Interfaces and Integration

The Consultant shall describe how the system can adapt to business necessary interfaces using widely adopted open APIs and standards. Additionally, the State expects that the Consultant will make available/expose software services and publish documentation for those software services that would enable third party developers to interface other business applications. A detailed description of system capability shall be included in the proposal.

1.16.8 The State would prefer the system not use Silverlight, QuickTime, PHP, Adobe ColdFusion, or Adobe Flash. If the Consultant does use one of the listed applications above, the Consultant should indicate how the program is used and how they plan to limit the security risk associated with the program and/or remove the application in the future.

1.16.9 The application must be compliant with the American Disabilities Act.

1.16.10 The Consultant should state whether its proposed solution will operate in a virtualized environment. Consultant also should identify and describe all differences, restrictions or limitations of its proposed solution with respect to operation, licensing, support, certification, warranties, and any other details that may impact its proposed solution when hosted in a virtualized environment.

1.16.11 The Consultant is required to include a test system for its application. This test system will be used at the discretion of Bureau of Information and Technology (BIT). All resource costs associated with keeping the test system available must be borne by the project owner or the Consultant. Any licensing costs for the test system must be included with the costs.

At BIT’s discretion, any code changes made by the Consultant, either during this project or thereafter, will be placed in the above test system first. It is at BIT’s discretion if the code changes are applied by BIT or the Consultant. If the code testing delays a project’s timeline, a change management process should be followed, and the State will not be charged for this project change. If the test and production systems are to be hosted by the State, the schedule for the testing of the code changes is to be decided by BIT. Testing of emergency code changes will be scheduled by BIT based on the severity and resource availability.

The test system will be maintained by the Consultant as a mirror image of the production system code base. At BIT’s discretion, updates to the production system will be made by copying code from the test system after the test system passes BIT certification requirements.

If BIT determines that the application must be shut down on the production system, for any reason, the Consultant will, unless approved otherwise by BIT, diagnosis the problem on and make all fixes on the test system. The Consultant is expected to provide proof, to BIT, of the actions taken to remediate the problem that lead to the application being denied access to the production system before the application can go back into production. This proof can be required by BIT even if the fix passes all BIT certification criteria. BIT is willing to sign a non-disclosure agreement with the Consultant if the Consultant feels that revealing the fix will put the Consultant’s intellectual property at risk.

1.16.12 All solutions acquired by the State that are hosted by the Consultant, including Software as a Service, or hosted by a third-party for the Consultant will be subjected to security scans by BIT or preapproved detailed security scan report provided by the Consultant. The scan report sent in with the proposal can be redacted by the Consultant. The State’s goal at this point is to see if the contents of the report will be acceptable, not to review the contents themselves. If the Consultant will be providing a security scan report, one must be sent with the proposal for approval. Approval is not guaranteed. If the scan report is not acceptable, the State must scan the Consultant’s solution. The actual scanning by the State or the submission of a security scan report will be done if the proposal is considered for further review. A detailed security report must consist of at least:

· The system that was evaluated (URL if possible, but mask it if needed).

· The categories that were evaluated (example: SQL injection, cross site scripting, etc.)

· What were the general findings, (meaning how many SQL injection issues were found, what was the count per category)

· Technical detail of each issue found. (where was it found – web address, what was found, the http response if possible)

The cost of any scans done by the Consultant or the Consultant’s costs associated with the State’s scans must be part of the Consultant’s bid. If the Consultant is sending a security scan report, it should price the product both as if the State was to do the security scan or if the Consultant was to do the security scan.

All hardware, website(s), or software purchased by the State and hosted by the State will be subjected to security scans by BIT.

Security scanning will be performed during the software development phase and during pre-production review. These scans and tests can be time consuming and should be allowed for in project planning documents and schedules. Products that do not meet BIT’s security and performance requirements will not be allowed to go into production and may be barred from UAT until all issues are addressed to the State’s satisfaction. The State urges the use of industry scanning/testing tools and secure development methods be employed to avoid unexpected costs and project delays. Costs to produce and deliver secure and reliable applications are the responsibility of the software entity producing or delivering an application to the State. Unless expressly indicated in writing, the State assumes all price estimates and bids are for the delivery and support of applications and systems that will pass security and performance testing. If the State determines the hardware, website(s), software, and or cloud services have security vulnerabilities that must be corrected, the State will inform the Consultant of the nature of the issue and the Consultant will be required to respond in writing regarding mitigation plans for the security vulnerabilities. If the product(s) does not pass the initial security scan, additional security scans may be required to reach an acceptable level of security. The Consultant must pass a final follow-up security scan for the website(s), software or cloud services for the product(s) to be acceptable products to the State. The State may suspend or cancel payments for hardware, website(s), software, or cloud services that do not pass a final security scan.

1.16.13 Any website or web application hosted by the Consultant that generates email cannot use “@state.sd.us” as the originating domain name per state security policy.

1.16.14 As part of this project, the Consultant will provide a monitoring tool the State can utilize to monitor the operation of the proposed solution as well as all systems and all subcomponents and connections. It is required that this tool be easy to use and provide a dashboard of the health of the proposed solution. The effectiveness of this monitoring tool will be a component of the acceptance testing for this project.

1.16.15 As part of the project plan, the Consultant will include development of an implementation plan that includes a back out component. Approval of the implementation plan by BIT should be a project milestone. Should the implementation encounter problems that cannot be resolved and the implementation cannot proceed to a successful conclusion, the back out plan will be implemented. The Implementation and back out documentation will be included in the project documentation.

1.16.16 The successful Consultant will use the approved BIT processes and procedures when planning its project, including BIT’s change management process. Work with the respective agency’s BIT Point of Contact on this form. The Change Management form is viewable only to BIT employees. The purpose of this form is to alert key stake holders (such as: Operations, Systems Support staff, Desktop Support staff, administrators, Help Desk personnel, client representatives, and others) of changes that will be occurring within state resources and systems to schedule the:

· Movement of individual source code from test to production for production systems

· Implementation of a new system

· A major enhancement to a current system or infrastructure changes that impact clients

· Upgrades to existing development platforms

1.16.17 If as part of the project the state will be acquiring software the proposal should clearly state if the software license is perpetual or a lease. If both are options, the proposal should clearly say so and state the costs of both items separately.

· Include in your submission details on your:

· Data loss prevention methodology;

· Identity and access management;

· Security intelligence;

· Annual security training and awareness;

· Manual procedures and controls for security;

· Perimeter controls;

· Security certifications and audits.

1.16.18 If the Consultant will have State data on its system(s) or on a third-party’s system and the data cannot be sanitized at the end of the project, the Consultant’s proposal must indicate this and give the reason why the data cannot be sanitized as per the methods in NIST 800-88.

1.16.19 The Consultant’s solution cannot include any hardware or hardware components manufactured by Huawei Technologies Company or ZTE Corporation or any subsidiary or affiliate of such entities. This includes hardware going on the State’s network as well as the Consultant’s network if the Consultant’s network is accessing the State’s network or accessing State data. This includes Infrastructure as a Service, Platform as a Service or Software as a Service situations. Any company that is considered to be a security risk by the government of the United States under the International Emergency Economic Powers Act, in a United States appropriation bill, an Executive Order, or listed on the US Department of Commerce’s Entity List will be included in this ban.

1.16.20 If the Consultant’s solution requires accounts allowing access to State systems, then the Consultant must indicate the number of the Consultant’s staff or subcontractors that will require access, the level of access needed, and if these accounts will be used for remote access. These individuals will be required to use Multi-Factor Authentication (MFA). The State’s costs in providing these accounts will be a consideration when assessing the cost of the Consultant’s solution. If the Consultant later requires accounts that exceed the number of accounts that was originally indicated, the costs of those accounts will be borne by the Consultant and not passed onto the State. All State security policies can be found in the Information Technology Security Policy (ITSP) attached to this RFP as Exhibit F. The Consultant should review the State’s security policies regarding authorization, authentication, and, if relevant, remote access (See ITSP 230.67, 230.76, and 610.1). Use of Remote Access Devices (RAD) by contractors to access the State’s system must be requested when an account is requested.

1.16.21 Regression Testing- Regression testing is the process of testing changes to computer programs to make sure that the older programming still works with the new changes.

1.16.22 Integration Testing- Integration testing is a software development process which program units are combined and tested as groups in multiple ways. In this context, a unit is defined as the smallest testable part of an application. Integration testing can expose problems with the interfaces among program components before trouble occurs in real-world program execution. Integration testing is also known as integration and testing (I&T).

1.16.23 Functional Testing- Functional testing is primarily used to verify that a piece of software is meeting the output requirements of the end-user or business. Typically, functional testing involves evaluating and comparing each software function with the business requirements. Software is tested by providing it with some related input so that the output can be evaluated to see how it conforms, relates or varies compared to its base requirements. Moreover, functional testing also checks the software for usability, such as ensuring that the navigational functions are working as required. Some functional testing techniques include smoke testing, white box testing, black box testing, and unit testing.

1.16.24 Performance Testing- Performance testing is the process of determining the speed or throughput of an application. This process can involve quantitative tests such as measuring the response time or the number of MIPS (millions of instructions per second) at which a system functions. Qualitative attributes such as reliability, scalability and interoperability may also be evaluated. Performance testing is often done in conjunction with load testing.

1.16.25 Load Testing- Load testing is the process of determining the ability of an application to maintain a certain level of effectiveness under unfavorable conditions. The process can involve tests such as ramping up the number of users and transactions until the breaking point is reached or measuring the frequency of errors at your required load. The term also refers to qualitative evaluation of factors such as availability or resistance to denial-of-service (DoS) attacks. Load testing is often done in conjunction with the more general process of performance testing. Load testing is also known as stress testing.

1.16.26 User Acceptance Testing -User acceptance testing (UAT) is the last phase of the software testing process. During UAT, actual software users test the software to make sure it can handle required tasks in real-world scenarios, according to specifications. UAT is one of the final and critical software project procedures that must occur before newly developed or customized software is rolled out. UAT is also known as beta testing, application testing or end user testing. In some cases, UAT may include piloting of the software.

1.16.27 The State, at its sole discretion, may consider a solution that does include all or any of these deliverables or consider deliverables not originally listed. An Consultant must highlight any deliverable it does not meet and give any suggested “work-around” or future date that it will be able to provide the deliverable.

1.16.28 Non-standard Hardware and Software

State standard hardware and software should be utilized unless there is a reason not to. If your proposal will use non-standard hardware or software, you must first obtain State approval. If your proposal recommends using non-standard hardware or software, the proposal should very clearly indicate what non-standard hardware or software is being proposed and why it is necessary to use non-standard hardware or software to complete the project requirements. The use of non-standard hardware or software requires use of the State’s New Product Process. This process can be found through the Standards’ page and must be performed by State employees. The costs of such non-standard hardware or software should be reflected in your cost proposal. The work plan should also account for the time needed to complete the New Product Process. See http://bit.sd.gov/standards/, for lists of the State’s standards. The proposal should also include a link to your hardware and software specifications.

If non-standard hardware or software is used, the project plan and the costs stated in Section 57 must include service desk and field support, since BIT can only guarantee best effort support for standard hardware and software. If any software development may be required in the future, hourly development rates must be stated. The project plan must include the development and implementation of a disaster recovery plan since non-standard hardware and software will not be covered by the State’s disaster recovery plan. This must also be reflected in the costs.

1.16.29 Background Checks

The Consultant must include the following statement in its proposal:

“(Company name here) acknowledges and affirms that it understands that the (company name here) employees who have access to production Personally Identifiable Information (PII), data protected under the Family Educational Rights and Privacy Act (FERPA), Protected Health Information (PHI), Federal Tax Information (FTI), any information defined under state statute as confidential or have access to secure facilities will have fingerprint-based background checks. These background checks will be used to check the criminal history records of the State as well as the Federal Bureau of Investigation’s records. (Company name here) acknowledges and affirms that this requirement will extend to include any Subcontractor’s, Agents, Assigns and or Affiliated Entities employees.”

Proposal Response

The Consultant is cautioned that it is the Consultant’s sole responsibility to submit information related to the evaluation categories and that the State is under no obligation to solicit such information if it is not included with the proposal. The Consultant's failure to submit such information may cause an adverse impact on the evaluation of the proposal.

1.17 An original and two (2) copies shall be submitted.

1.17.1 In addition, the Consultant shall provide one (1) copy of their entire proposal, including all attachments, in Microsoft Word or PDF electronic format. Consultants shall enclose the electronic copy with their mailed response and may not send the electronically copy of their proposal via email.

1.18 The proposal must be page numbered and should have an index and/or a table of contents referencing the appropriate page numbers.

1.19 All proposals must be organized and tabbed with labels for the following headings:

1.19.1 RFP Form. The State’s Request for Proposal Form completed and signed.

1.19.2 Executive Summary. The one or two page executive summary is to briefly describe the Consultant’s proposal. This summary should highlight the major features of the proposal. It must indicate any requirements that cannot be met by the Consultant. The reader should be able to determine the essence of the proposal by reading the executive summary. Proprietary information requests must be identified in this section.

1.19.3 Examples of Similar Work. This section should include brief descriptions and work samples from three previous jobs of a similar nature that the agency has completed. Provide the following information related to at least three previous or current projects, performed by the Consultant’s organization, which are similar to the requirements of this RFP. In addition, provide this information for any project that has been terminated, expired or not renewed in the past three years.

1.19.3.1 Name, address and telephone number of client/contracting agency and a representative of that agency who may be contacted for verification of all information submitted;

1.19.3.2 Dates of the service/contract; and

1.19.3.3 A brief, written description of the specific prior services performed and requirements thereof.

1.19.4 Detailed Response. This section should constitute the major portion of the proposal and must contain at least the following information:

1.19.4.1 A complete narrative of the Consultant's assessment of the work to be performed, the Consultant’s ability and approach, and the resources necessary to fulfill the requirements. This should demonstrate the Consultant's understanding of the desired overall performance expectations.

1.19.4.2 A specific point-by-point response, in the order listed, to each Scope of Work requirement in Section 2 above. The response should identify each requirement being addressed as enumerated in the RFP.

1.19.4.3 A clear description of any options or alternatives proposed.

1.19.5 Financial Statements. The Consultant must submit a copy of their most recent audited financial statements. The Consultant may mark its financial statements as proprietary in accordance with Section 1 above.

1.19.6 South Dakota Substitute W9. Complete the substitute W9 form attached herein as Exhibit B. Do not type a signature in the signature line. The signature must be hand written and a copy attached to the RFP proposal.

1.19.7 Completion of BIT Security and Vendor Questions. The Consultant must complete and submit the BIT Security and Vendor Questions attached to this RFP as Exhibit E.

1.19.8 Diagram of system. The Consultant shall provide a diagram giving an overview of the proposed system. It is preferred that this diagram be provided as a separate document or attachment.

Proposal Evaluation and Award

1.20 After determining that a proposal satisfies the mandatory requirements stated in the Request for Proposal, the evaluator(s) shall use subjective judgment in conducting a comparative assessment of the proposal by considering each of the following criteria:

a. Cost and Reliability;

b. Specialized expertise, capabilities, and technical competence as demonstrated by the proposed approach and methodology to meet the project requirements;

c. Resources available to perform the work, including any specialized services or personnel, within the specified time limits for the project;

d. Record of past performance, including price and cost data from previous projects, quality of work, ability to meet schedules, cost control, and contract administration;

e. Availability to the project locale;

f. Familiarity with the project locale;

g. Proposed project management techniques; and

h. Ability and proven history in handling special project constraints.

1.21 The evaluators will evaluate and score the proposals according to the criteria and point values shown in Table 1 below.

Table 1. Proposal Content Evaluation and Score Criteria

Section

Points Possible Score

Cost and Reliability

Experience, Qualifications, and Approach

Resources available to perform the work

Record of Past Performance

Proposed project management techniques

1.22 Experience and reliability of Consultant’s organization and personnel are considered subjectively in the evaluation process. Therefore, the Consultant is advised to submit any information which documents successful and reliable experience in past performances, especially those performances related to the requirements of this RFP.

1.23 The qualifications of the personnel proposed by the Consultant to perform the requirements of this RFP, whether from the Consultant's organization or from a proposed subcontractor, will be subjectively evaluated. Therefore, the Consultant should submit detailed information related to the experience and qualifications, including education and training, of proposed personnel.

1.24 The State reserves the right to reject any or all proposals, waive technicalities, and make awards as deemed to be in the best interest of the State of South Dakota. If it is deemed to be in the best interest of the State of South Dakota, the State may accept more than one proposal and divide the services covered by this RFP into more than one contract or Consultant.

1.25 Discussions with Consultants. An oral presentation by a Consultant to clarify a proposal may be required at the sole discretion of the State. However, the State may award a contract based on the initial proposals received without discussion with the Consultant. If oral presentations are required, they will be scheduled after the submission of proposals. Oral presentations will be made at the Consultant’s expense.

1.26 Any Consultant that is a finalist may need to be prepared to have an onsite meeting. At that time, Consultant shall provide a series of live demonstrations for evaluation as well as make available key staff for interviews.

1.27 This process is a Request for Proposal/Competitive Negotiation process. Each proposal shall be evaluated, and each respondent shall be available for negotiation meetings at the State’s request. The State reserves the right to negotiate on any and all components of every proposal submitted. From the time the proposals are submitted until the formal award of a contract, each proposal is considered a working document and, as such, will be kept confidential. The negotiation discussions will also be held as confidential until such time as the award is completed.

1.28 Award: The State and the highest ranked Consultant will mutually discuss and refine the scope of work for the project and will negotiate terms, including compensation and performance schedule.

If the State and the highest ranked Consultant are unable for any reason to negotiate a contract, the State will, either orally or in writing, terminate negotiations with the Consultant. The State may then negotiate with the next highest ranked Consultant.

The negotiation process may continue through successive Consultants, according to the evaluation ranking, until an agreement is reached or the State terminates the contracting process.

Cost Proposal

1.29 The financial commitment required of the State is an important consideration. The proposed costs will be reviewed in conjunction with all other criteria. Costs will be evaluated to determine if all applicable cost components are clearly, concisely, and completely addressed by the Consultant. The costs must be reasonable, realistic, and include all possible costs.

1.30 The Consultant is strongly encouraged to identify the critical cost factors from the Scope of Work in Section 2 above and itemize as much as possible for these activities. The State expects a detailed budget submitted by the Consultant.

1.31 All invoices submitted through the duration of this contract are to be submitted in a consistent manner and include line item costs per deliverable. All cost information shall be presented in a uniform manner.

EXHIBIT B – STANDARD CONTRACT TERMS AND CONDITIONS

Any contract or agreement resulting from this RFP will include the State’s standard terms and conditions as listed below, along with any additional terms and conditions as negotiated by the parties:

1. The Consultant will perform those services described in the Work Plan, which will be attached to the contract as Exhibit B and incorporated by reference. The Consultant’s response to this RFP shall be considered part of the Work Plan.

2. The services to be provided under the contract shall commence and terminate on mutually agreed upon dates. Terms for early termination shall be included in the agreement as negotiated by the parties.

3. The terms of the agreement shall state whether or not the Consultant will use State equipment, supplies or facilities. If the Consultant will use State equipment, supplies or facilities, the scope and conditions of such use will be clearly indicated in the agreement.

4. Unless otherwise negotiated and agreed upon by the parties, the State will make payment in compliance with the Prompt Payment Act, SDCL 5-26 for services provided under the contract.

5. The agreement shall indicate whether or not the State shall have the option to renew the agreement. If a renewal option is specified, the State shall have the option to renew the agreement (unless otherwise modified by a special contract term, condition, or specification), under the same terms and conditions, for one (1) year intervals. Notice of intent to renew shall be given by the State to the Consultant as mutually agreed upon prior to the end of the current contract term. If the notice of intent to renew is given, the Agreement shall renew unless terminated by either party pursuant to the Termination Provision of the Agreement.

6. The Consultant, at all times during the term of this Agreement, shall obtain and maintain in force insurance coverage of the types and with the limits as follows:

a. Commercial General Liability Insurance:

The Consultant shall maintain occurrence based commercial general liability insurance or equivalent form with a limit of not less than $1,000,000.00 for each occurrence. If such insurance contains a general aggregate limit it shall apply separately to this Agreement or be no less than two times the occurrence limit.

b. Business Automobile Liability Insurance:

The Consultant shall maintain business automobile liability insurance or equivalent form with a limit of not less than $1,000,000.00 for each accident. Such insurance shall include coverage for owned, hired and non-owned vehicles.

c. Worker’s Compensation Insurance:

The Consultant shall procure and maintain workers’ compensation and employers’ liability insurance as required by South Dakota law.

d. Professional Liability Insurance or Miscellaneous Professional Liability Insurance:

The Consultant agrees to procure and maintain professional liability insurance or miscellaneous professional liability insurance with a limit not less than $1,000,000.00.

e. Cyber Liability Insurance:

The Consultant shall maintain cyber liability insurance with liability limits in the amount of $1,000,000.00 to protect any and all State data the Consultant receives as part of the project covered by this agreement including State data that may reside on devices, including laptops and smart phones, utilized by Consultant employees, whether the device is owned by the employee or the Consultant. If the Consultant has a contract with a third-party to host any State data the Consultant receives as part of the project under this agreement, then the Consultant shall include a requirement for cyber liability insurance as part of the contract between the Consultant and the third-party hosting the data in question. The third-party cyber liability insurance coverage will include State data that resides on devices, including laptops and smart phones, utilized by third-party employees, whether the device is owned by the employee or the third-part Consultant. The cyber liability insurance shall cover expenses related to the management of a data breach incident, the investigation, recovery and restoration of lost data, data subject notification, call management, credit checking for data subjects, legal costs, and regulatory fines. Before beginning work under this Agreement, the Consultant shall furnish the State with properly executed Certificates of Insurance which shall clearly evidence all insurance required in this Agreement and which provide that such insurance may not be canceled, except on 30 days prior written notice to the State. The Consultant shall furnish copies of insurance policies if requested by the State. The insurance will stay in effect for one year after the work covered by this agreement is completed.

Before beginning work under this Agreement, Consultant shall furnish the State with properly executed Certificates of Insurance which shall clearly evidence all insurance required in this Agreement. In the event of a substantial change in insurance, issuance of a new policy, or cancellation or nonrenewal of the policy, the Consultant agrees to provide immediate notice to the State and provide a new certificate of insurance showing continuous coverage in the amounts required. Consultant shall furnish copies of insurance policies if requested by the State.

7. Any notice or other communication required under this Agreement shall be in writing and sent to the address set forth above. Notices shall be given by and to _________________ on behalf of the State, and by __________________, on behalf of the Consultant, or such authorized designees as either party may from time to time designate in writing.