50-36100-24-CP413_Sole Source Determination - Appriss Insights, LLC 10032024.pdf.PDF

2021 Sole Source Form

STATE OF NEW MEXICO

SOLE SOURCE REQUEST AND DETERMINATION FORM

A sole source determination is not effective until the sole source request for determination has been posted for thirty (30) calendar days without challenge, and subsequently approved in writing by the State Purchasing Agent or, for Professional Services Agreements, the Secretary of the General Services Department. The foregoing requirement is regardless of whether the sole source request for determination has been signed by the Agency and/or the Contractor.

I. Name of Agency: Department of Information Technology Agency Chief Procurement Officer: Lucy Vigil Rendon Telephone Number: (505) 629-2297

Agency Contact for this request: Daniel E. Garcia Telephone Number & Email Address: (505) 827-0184 ~ daniel.garcia@doit.nm.gov

II. Name of prospective Contractor: Appriss Insights, LLC

SHARE Vendor Number (must be active): 0000165094 Address of prospective Contractor: 9901 Linn Station Road Suite 200, Louisville, KY 40223

Contact Name, Telephone Number & Email Address:

Jarrod Carnahan, (502) 216-4957 jarrod.carnahan@equifax.com

Amount of prospective contract before tax: $1,787,630.36 Estimated tax amount (tax is subject to change): $ 146,362.24

Term of prospective contract: January 1, 2025 – December 31, 2028

III. Agency is required to state purpose/need of purchase and thoroughly list the services (scope of work), construction or items of tangible personal property of the prospective contract (if this is an amendment request to an existing contract, include current contract number issued by SPD):

SCOPE OF WORK

The Purpose of this Agreement, including its goals and objectives are for the Contractor to provide ongoing maintenance, service, and support of the proprietary VINE system (Victim Information and Notification Everyday). The VINE system is a mission-critical component of the State of New Mexico’s victim notification and support services. This system allows for timely and secure notifications related to the custody status of offenders, and provides safety and peace of mind for victims, their families, and the general public. The ongoing maintenance and support service for this system can only be provided by Appriss Insights, LLC as the sole provider and developer of the VINE software. As the proprietary owner, they have exclusive access to the source code, technical specifications, and the system architecture. Any disruption VINE System Maintenance and Support Services will create serious risks and likely interfere with the notifications automatically sent to victims.

A. Deliverable Number 1 – VINE Maintenance, Service and Support

Task Item Sub Tasks Description

VINE

Service

Sub 1 The Contractor shall provide the following maintenance and support services:

1. Maintain the existing statewide operation of the New Mexico (NM) VINE application

2. Maintain VINELink, a dedicated public portal available 24/7/365 (24 hours a day, 7 days a week, 365 days a year to include all holidays, weekends, and any other non-business days) for VINE users to search for offender information and/or register to receive notifications

3. Maintain the provision of timely and accurate automated notifications to registrants of the changes to an offender’s custody status. Notifications can occur via email, telephone, teletypewriter (TTY), Short Message Service (SMS), and In- App

4. Maintain communication services for VINE in multiple languages. At a minimum, the Contractor shall provide communications in English and Spanish with additional languages provided as outlined in Sub-section 2.

5. Maintain the provision of technical support 24/7/365 by trained Victim Service Representatives

6. Maintain the provision of live operator assistance 24/7/365 and access to translation services if callers require additional assistance in a language other than English

Sub 2

The Contractor shall be responsible for providing the following comprehensive VINE Services:

1. Statewide dedicated VINE toll-free phone line - The VINE system toll-free number is available 24 hours per day, 7 days per week, and 365 days per year, allows victims, surviving immediate family members, witness(es), or other concerned citizens to search for an offender, obtain custody status information, and/or register for notifications of status change.

VINE products run on proprietary services-oriented architecture and include Interactive Voice Response (IVR) technology, speech recognition for English, DTMF (dual tone, multi-frequency), TTS (text to speech), and multilingual technology support. The system provides both inbound automated information calls and outbound automated notifications with programmable calling patterns. VINE can support high volumes of inbound and outbound calls.

2. VINELink – dedicated public portal available 24/7/365 for registrants in English and Spanish. Web page design and functionality provides public access to information through a secure web portal which publishes offender information via VINELink (www.vinelink.com). Searches by multiple criteria such as name, system identifying number and other pertinent data elements are allowed. VINELink has the ability to display photos, where available. The VINELink service allows for victims to self-register and to update their contact information.

VINELink specifically provides functionality that incudes Single online registration process, Offender information inquiries, Agency contact information, Victim support information, and Service Provider Directory

a. Spanish VINELink - The Contractor shall provide VINELink services in Spanish to enable Spanish-speaking registrants to navigate VINELink and seek critical victim services. The Contractor shall ensure the data received from the detention and corrections facilities’ offender management systems will NOT be translated into Spanish. The Contractor shall provide a Spanish VINELink that will have the following features:

i. A button in Spanish on the VINELink home page that, once selected, displays VINELink in Spanish. This option applies to the entire site level option, including any new modules that may be added in the future;

ii. Tab names such as Home, Search and Register, State Victim Resources, and;

iii. Sub tab names with offenders in Spanish.

iv. Items applying to all sub tabs: The banner for the VINELink logo will be in English, and the tag line will be in Spanish; The name “VINE” will always be VINE (English); The name “New Mexico VINE” will always be New Mexico VINE (English); and, Error Messages throughout VINELink are displayed in Spanish.

3. Website maintenance to include maintenance and routine updates for VINELink (if applicable).

4. VINEWatch, a secure administrative web portal provided to program administrators for management of the VINE program.

The VINEWatch site has security that allows a user to only access information associated with their agency. Functions are activated based upon specific users’ needs. User IDs will be issued with the appropriate functionality assigned. NM VINE administrator(s) determine what functions are assigned to each user. VINEWatch allows for the following functions to be performed:

a. Obtain New Mexico VINE usage reports

b. Look-up offenders currently active in the NM VINE system

c. Register victims for notification

d. Ability to update and delete registration information

e. Ability to stop and cancel notification calls

f. Look-up victims registered within New Mexico VINE

g. Provide Emergency Override Reporting

h. View notification content of delivered victim notification, excluding phone notifications

5. Live Operator Assistance, through the VINE toll-free phone number, provides caller with the option of speaking to a sensitivity-trained VINE Service Representative (VSR) that can assist the caller in locating an offender, registering for automated notification, and/or referring the victim to state agencies regarding additional concerns and for additional information. VINE Service Representatives (VSR) are available 24/7/365 for all callers. Translation services will be provided to callers if they require additional assistance in a language other than English. There are more than 190 languages available through the translation service.

6. Notification Delivery Methods to include Phone (Telephone notifications that can be delivered to any direct dial number in English, Spanish, and Navajo), Email (notifications in English, Spanish, and Navajo), SMS (notifications in English and Spanish), TTY (in English), and In-App (notifications in English and Spanish).

7. Dedicated Support Team consisting of qualified technical experts, live operator support through the Customer First Center (CFC) available around the clock every day of the year, along with a dedicated Client Relationship Manager (CRM) to serve as the primary point of contact for NM VINE. This structure must provide robust service and support to help ensure customer satisfaction and the best possible notification experience for victims.

8. Booking System Change Support – VINE will interface with the jail management systems in each agency. After the initial VINE implementation, if an agency changes their booking system, any fees charged by the booking system vendor will be the responsibility of the agency. If the booking system change involves a currently supported VINE interface, then VINE may waive the fee. VINE integrates seamlessly with over 300 interfaces utilized across local, state, and federal correctional facilities. Should the agency change booking systems to one not yet supported by VINE, i.e., without an existing interface, it is not considered standard maintenance and is subject to the hourly contract rate for performance of additional services. All change orders require signatures from both VINE and the NM VINE Program Manager before any work is performed.

9. 24/7/365 Monitoring of Systems and Agency Data - All implemented agencies for NM are monitored 24/7/365 to improve transmission of data.

10. Technical labor and equipment maintenance to include Updates to security platforms, Replacement of servers, Upgrades to the remote support console, and Upgrades to the SNMP monitoring

11. Research and Resolution of Service Interruptions - VINE Customer First Center (CFC) will provide support that includes 24/7/365 technical support, including research, troubleshooting or escalation of victim, agency, and VINE related topics. Once an inquiry is presented to the CFC and is determined to require escalation, the Quality Control Team or Implementation & Support Team will be assigned the responsibility of additional research and resolution. The assigned Client Relationship Manager (CRM) and the designated NM VINE Program Manager are also made aware of the service interruption.

12. VINELink App, which allows users to access VINE information via a mobile application with the same services offered, including Up to date Offender status, Offender search, Registration for notification, Victim resources, and Service Provider Directory.

13. Four-digit PIN (Personal Identification Number) - VINE requires registrants to self-select a four-digit PIN to confirm receipt of telephone notifications to provide an extra measure of authentication. Per the direction of each agency, notification calls are made every 30 minutes until answered. If the call is answered, but not confirmed, the calling pattern will change to every 2 hours for 24 hours until the PIN is entered. Calling patterns are configurable. Email and text notifications will be required to self-select a four-digit PIN code at the time of registration. The PIN will not be needed at the time of receipt of notification. Registrants may update their PIN at any time by calling the VINE toll-free number, by updating their registration at www.vinelink.com or in the mobile application.

14. Enhancements to services will be provided, such as website usability improvements and product enhancements to increase functionality. The Contractor shall not charge for standard product enhancements that are beneficial and applicable to all customers subscribing to the service(s). Routine product enhancements will be completed on an ongoing basis.

Problem Support

Sub 1

The Contractor shall receive information from the Procuring Agency to support the Agency Service Level Agreement (ASLA). The purpose of the ASLA is solely to define the service(s) and support person(s) for each data feed at the Affiliate Agency level.

The Contractor will receive from the Procuring Agency the following contact persons for each Affiliate Agency contributing data to the system. Failure to do so will lengthen the restore time and may prevent the Contractor from continuing to accept data from a given Affiliate Agency.

The Contractor shall receive from the Procuring Agency the Affiliate Agency contact name and phone number for each of the circumstances below:

A. Affiliate Agency VINE Service Inquiries Support: The on-call agency resource(s) who can address inquiries related to the VINE service within that county.

B. Affiliate Agency Data Feed Support: The on-call Affiliate Agency resource(s) that will address inquiries related to the flow of data from the Affiliate Agency’s Booking System.

C. Agency Wide Area Collection System (AWACS) and Connectivity Support: The on-call agency resource(s) that can address the inquiries of connectivity and Gateway device status within each Affiliate Agency.

D. AWACS Replacement: The on-call affiliate agency resource(s) that can assist the Contractor in providing Gateway hardware replacement and installation (typically Monday through Friday 8:00 AM to 9:00 PM Eastern Time).

Sub 2 The Contractor shall support other components to include:

A. Operation and support of the VINE Service;

B. Hardware and proprietary software used to power VINE;

C. All incoming and outgoing calls;

D. 24-hour monitoring of the service

Sub 3 The Contractor shall make technical support personnel available by phone and email on the following schedule: 24 hour a day, 7-days a week basis through its Customer First Center (CFC).

Sub 4 The Contractor shall log requests and provide to the Procuring Agency technical support services for the Software based on the priority levels and problem resolution processes described in the Performance Measures, above.

Sub 5 The Contractor shall update documentation (Systems Administration Guide, User Guide, and Product Manual) to reflect changes made to the system as a result of problem resolution.

Sub 6 The Contractor shall respond to technical and functional questions about the VINE Service. Such requests shall be assigned a default Priority 3, unless the Procuring Agency requests a higher priority be assigned to the request.

Sub 7 The Contractor has pre-determined timeframe thresholds which provide the maximum time by which data is expected to be received by Vendor from Affiliate Agencies, including NMCD. These thresholds are based on the historical data entry behavior patterns of the agency and may change if the behavior of the agency changes.

Contractor shall contact the Affiliate Agency if data is not received or processed within the pre-determined timeframe. Any changes to this support procedure must be mutually agreed to by the Contractor, Procuring Agency and the Affiliate Agency via Change Request.

Monthly Report and Quarterly Data Dump

Sub 1 The Contractor shall provide or make available online a monthly report on the activity and status of all logged requests received from the Procuring Agency.

Sub 2 On or before the tenth (10th) day of each quarter following the effective date of this Agreement, Contractor will provide customer a quarterly data dump ("Quarterly Data Dump") of all data that Contractor receives from the State of New Mexico and registrants (“users”) of the service. The Quarterly Data Dump shall be comprised of the final full and complete set of data that Contractor has compiled on the last day of the month prior to the Quarterly Data Dump. Each Quarterly Data Dump shall be sent and made freely available to the Procuring Agency in an electronic, searchable, comma-delimited format in the event Contractor ceases to do business, files for protection under federal bankruptcy laws, goes into receivership, is acquired or merged with another entity, upon termination of this Agreement, or in the event the State of New Mexico requires access to a Quarterly Data Dump for data restoration/verification purposes.

Activities Tracking

Sub 1 The Contractor shall maintain a log of requests in a Procuring Agency approved tracking system with a unique number assigned to each Procuring Agency request. The unique number shall be provided by the Contractor to Procuring Agency for reference and communication.

Sub 2 The Contractor shall be responsible to correct or provide a plan, or a solution within a mutually agreeable timeframe indicated below based on the priority assigned by the Procuring Agency. Timeframes indicated below may be extended only upon mutual agreement by both parties, on a case-by-case basis.

Priority 1: The most severe program error represents a situation where mission critical features and functions of the VINE Service are unavailable, and no practical alternate mode of operation is available. Priority 1 problems shall be corrected, or a solution shall be provided by Contractor for corrective action within three (3) hours.

Priority 2: Indicates a problem in which certain features and functionality are not available and no practical alternate mode of operation is available. Priority 2 problems shall be corrected, or a plan shall be provided by the Contractor for corrective action within one (1) Business Day.

Priority 3: The normal “next-in-line” problem priority assignment. At this level, requests are worked on in the order in which they are received. Priority 3 problems shall be corrected, or a plan shall be provided by Contractor for corrective action within ten (10) Business Days (depending on the scope of the request).

Priority 4: Software releases. At this level, requests are worked on as deemed appropriate by the Procuring Agency.

Priority 4 issues shall be incorporated into specific releases, documented in an application deployment package, which shall be scheduled for delivery at the discretion of the Procuring Agency after time and cost estimates are provided by the Contractor and approved by the Procuring Agency, if applicable. As such, Priority 4 issues shall be due at the time the specific release is delivered.

VINE

Supplies and Materials

Sub 1 The Contractor shall make available marketing materials and supplies to the Procuring Agency and Affiliate Agencies for use in promoting VINE to the community.

Review and Acceptance

The Contractor shall complete, deliver, and present All tasks produced as part of this Deliverable s to the Procuring Agency for review and acceptance.

IV. Provide a detailed explanation of the criteria developed and specified by the agency as necessary to perform and/or fulfill the contract and upon which the state agency reviewed available sources. (Do not use “technical jargon;” use plain English. Do not tailor the criteria simply to exclude other contractors if it is not rationally related to the purpose of the contract.)

The Statement of Work has been developed based on requirements developed and tested through the Federal Statewide Automated Victim Information and Notification (SAVIN) program. Victim notification for activities associated with the courts is done through a custom-built system owned and managed by the Administrative Office of District Attorneys (AODA). That system is not available for use by the detention facilities statewide, however the VINE solution is compatible with that system and will complement the efforts being made by that organization.

V. Provide a detailed, sufficient explanation of the reasons, qualifications, proprietary rights or unique capabilities of the prospective contractor that makes the prospective contractor the one source capable of providing the required professional service, service, construction or item(s) of tangible personal property. (Please do not state the source is the “best” source or the “least costly” source. Those factors do not justify a “sole source.”)

The VINE system was procured from Appriss Insights in October 2012 to provide victim notification service to the state of New Mexico. A perpetual license was provided in the original contract, with ongoing maintenance and support following thereafter. The Uniform Trade Secrets Act, ARTICLE 3A [57-3-2. D] provides proprietary rights and legal protection of source codes for all information technology programs/applications. Appriss Insights, LLC has attested proprietary rights to their system. No other IT service provider can offer maintenance and support on the Appriss system as the exclusive rights to the proprietary software are owned by Appriss Insights, LLC.

VI. Provide a detailed, sufficient explanation of how the professional service, service, construction or item(s) of tangible personal property is/are unique and how this uniqueness is substantially related to the intended purpose of the contract.

Maintenance and Support Services for VINE are unique to Appriss Insights, LLC as a perpetual license was provided in the original contract making Appriss Insights, LLC the only vendor who can provide maintenance and support services on their proprietary system.

VII. Explain why other similar professional services, services, construction or item(s) of tangible personal property cannot meet the intended purpose of the contract.

Maintenance and Support Services for VINE are unique to Appriss Insights, LLC as a perpetual license was provided in the original contract making Appriss Insights, LLC the only vendor who can provide maintenance and support services on their proprietary system.

VIII. Provide a narrative description of the agency’s due diligence in determining the basis for the procurement, including procedures used by the agency to conduct a review of available sources such as researching trade publications, industry newsletters and the internet;

contacting similar service providers; and reviewing the State Purchasing Divisions’ Statewide Price Agreements. Include a list of businesses, date of contact, method of contact (telephone, mail, e-mail, other), and documentation demonstrating an explanation of why those businesses could not or would not, under any circumstances, perform the contract; or an explanation of why the agency has determined that no businesses other than the prospective contractor can perform the contract.

The only determining basis for this procurement is the perpetual license provided at original contract award making Appriss Insights, LLC the only vendor who can provide maintenance and support services on their proprietary system.

The Department of Information Technology (DoIT) is contracting with this vendor to provide maintenance, service, and support of the previously purchased VINE system to the New Mexico Corrections Department (NMCD), the Children Youth and Families Department, and thirty-three (33) counties within the state of New Mexico. The VINE system integrates with many systems across the state, including adult and juvenile offender management systems and with jail management systems at the county level. As previously stated, only Appriss Insights, LLC can provide maintenance, service, and support on its proprietary system. Not being able to continue to utilize this existing system would cause a hardship to the state, in that new interfaces would have to be recreated for each VINE system participant at the county and state level and would have public safety impacts to those victims of crime that rely on the timely notification that the VINE system and 24-hour notification service provides.

Certified by:

______________________________________ Date: ____________________ Agency Chief Procurement Officer

Agency Approval by:

Cabinet Secretary/Agency or Entity Head or Designee

APPROVED:

Not Applicable due to SPD Determination of Professional Services

State Purchasing Agent

10/3/2024

10/3/2024