Precise_7-1-2024-6-30-2025+Agreement+-+signed.pdf

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June 24, 2024

RE: North Dakota Department of Health and Human Services

Ms. Julie Wagendorf North Dakota Department of Health and Human Services 600 East Boulevard Ave, Dept 301 Bismarck, North Dakota 58505

Dear Ms. Wagendorf, Precise Software Solutions, Inc. (Precise) is pleased to provide this quotation for the maintenance and support services for one base period and two option periods. This quote does not guarantee the exercise of any option and it is contingent upon AFDO’s election to exercise any such options at the Master Agreement level of the contract. The terms of the base and option periods are provided below:

• Base Period (12 months) 7/1/2024-6/30/2025

• Option Period One (1) (12 months) 7/1/2025-6/30/2026

• Option Period Two (2) (6 months) 7/1/2026-12/31/2026

This Statement of Work is based upon the services provided by the Association of Food and Drug Officials (AFDO) Full Applications Lifecycle Management Support, System Integration Service, and Organizational Assessment Services for USAFoodSafety (AFDO-19-001) contract and associated state terms and conditions. As outlined in the Maintenance and Support, we propose providing the North Dakota Department of Health and Human Services (NDHHS) a baseline block of hours for State Maintenance Support Baseline and Help Desk Support Baseline support that is currently needed by every state.

Precise is very pleased to provide these services to NDHHS. If there are any questions, or if additional information is needed, please contact:

Jacira Boggon 1445 Research Blvd. Suite #500 Rockville, MD 20850 Office: 410-353-0655 Jacira.Boggon@precise-soft.com StateContracts@precise-soft.com

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Maintenance and Support

The US Food and Drug Administration (FDA) provides funding through a cooperative agreement with the AFDO to support the underlying infrastructure of the USAFoodSafety (USFS) with one vendor, to develop master contracts, and to facilitate collaboration between states. FDA funding provides support to AFDO for the costs of the procurement and support of the underlying systems. NDHHS would be responsible for funding the state specific support for the USAFoodSafety application that includes: NDHHS configuration, enhancements, help desk support, and hosting.

The number of supported users significantly varies from state to state. The contractual mechanism to successfully support state-specific programs contained within USFS must be scalable to the size of the user community within each participating state. The amount of support that each state will require is dependent on several factors. Some of these include unique configurations of the environment, any additional security requirements required by the state, system integrations, integration with different credit card providers, and the size of the user base needing support.

To align with the AFDO contract, we will be providing a baseline block of hours for maintenance and help desk support needed by NDHHS. In the event NDHHS needs additional support above the baseline maintenance and help desk level, funding can be procured by the process described and at rates indicated in the AFDO contract.

Service Period:

Base: 7/1/2024 - 6/30/2025 Option Period One (1): 7/1/2025 – 6/30/2026 Option Period Two (2): 7/1/2026 – 12/31/2026

State Maintenance Support Baseline:

Our maintenance release schedule will include agreed upon change requests in a structured methodology and process. We will provide a major release during the performance period (POP) and emergency releases for critical production issues. These emergency releases will be tested and deployed as needed.

Using this approach, our dedicated team will carefully coordinate with the AFDO Project Manager, User Group Governing Council, and NDHHS Point of Contact (POC) to prioritize and complete the requested work items within the allocated hours. These hours will be used for any state touch points from our team to plan/discuss the state specific deployments and configuration, state specific monthly meetings, and state backlog grooming/break fix/enhancements. We will provide utilization reports of State backlog grooming/Break Fix/Enhancements to AFDO and NDHHS monthly to ensure that the hours are properly planned for and consumed within the annual period of performance. Any unallocated unused hours will expire at the end of the annual POP.

State Maintenance Support Baseline Annual Number of Hours To be used 7/1/2024 through

6/30/2025

State Specific Deployments and Configuration 100 hours

State Specific Monthly Meetings 35 Hours

State backlog grooming/Break Fix/Enhancements 65 hours

Total State Maintenance Support Baseline 200 hours

State Help Desk Support Baseline:

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Precise will establish and maintain a help desk ticket tracking system to record and manage incident tickets and monitor SLA goals. The cloud-based JIRA Service Desk is leveraged based on its rich features, flexibility, integration capabilities, and cost. The State Help Desk Support Baseline will be used to support the help desk needs for the state. This includes any item that is reported and researched for the specific state. To clarify, help desk hours may not be used for maintenance work items. Any unused hours will expire at the end of the annual POP.

Help Desk Support Baseline Included Number of Hours

State Help Desk Support Baseline 50 hours

The Help Desk will provide a single POC for issue tracking and resolution for support requests. Our Help Desk team will work with our subject matter experts (SMEs) to identify solutions and ensure a timely incident response and resolution to any issues or needs identified. All problem calls will be logged and tracked by the help desk representative through resolution. Our Tier-1 support service will be available from 8:00 a.m. to 5:00 p.m. EST on business workdays.

Additional Support/Enhancements Precise will provide additional support and/or software enhancements at the rate outlined in the Pricing & Deliverables section. For specific enhancements, we will provide an estimate, confirm the scope with NDHHS, and invoice it as a fixed-price statement of work (SOW). Any changes to this SOW will be mutually agreeable and made via Change Order first approved by the Agency and AFDO. Unused enhancement hours will carry over from year-to-year.

Reporting and Meetings:

Critical elements of our program monitoring, controlling, and reporting are proactive, customer-focused collaborations and open and honest communication. Our approach is to hold a monthly touch point with NDHHS to review current support hour usage, maintenance support hour usage, backlog prioritization, discussion on other client activities or enhancement requests for prioritization and coordinate with the state POC on release dates. The meeting will involve the state outreach coordinator and may involve others depending on the topic or advance notice from the state. In addition, our team will provide a detailed monthly report of help desk tickets, capturing metrics, (call volume, response time, resolution time, level of efforts, etc.) and highlighting significant problems via system dashboards/reporting tools. All project meeting action items, statement of works, contracts, and other related documentation will be recorded and stored within the AFDO Project Portal. We will address issues in accordance with AFDO SLAs and provide frequent updates in the help desk system to provide transparency to all.

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Service Level Agreement (SLA)

Precise will follow our ITIL-based problem management process to provide responsive and proactive operations support and meet SLAs defined in the AFDO contract. The below outlines the SLAs and our proposed resolution plan.

Level of Severity

Description Initial Response

Resolution plan

Severity Level 1 (Critical)

Incident (a) renders the Contractor provided application un-Available, substantially un-Available or seriously impacts normal business operations, in each case prohibiting the execution of productive work, and (b) affects either (i) a group or groups of people, or (ii) a single individual performing a critical business function.

1 hour Resolution within 4 hours for fixes without code changes.

Incidents that extend for multiple days, update notification intervals with the AFDO PM and State POC will be mutually agreed upon.

Resolution with emergency release upon AFDO PM prioritization and approval for fixes requiring code changes

Severity Level 2 (High)

Incident that is characterized by the following attributes: the Incident (a) does not render the Contractor provided application un-Available or substantially unavailable, but a function or functions are not Available, substantially Available or functioning as they should, in each case prohibiting the execution of productive work, and (b) affects either

(i) a group or groups of people, or (ii) a single individual performing a critical business function.

1 hour Resolution within 1 business day for fixes without code changes.

Incidents that extend for multiple days, update notification intervals with the AFDO PM and State POC will be mutually agreed upon.

Resolution with emergency release upon AFDO PM prioritization and approval for fixes requiring code changes

Severity Level 3 (Medium)

Incident that is characterized by the following attributes: the Incident causes a group or individual to experience an Incident with accessing the Contractor provided application or a key feature thereof and a reasonable workaround is not available, but does not prohibit the execution of productive work.

2 hours Resolution with maintenance release upon AFDO PM prioritization and approval for fixes requiring code changes

Severity Level 4 (Low)

Incident that is characterized by the following attributes: the Incident reflects that a group or individual requires guidance in the proper use of the system.

4 hours Resolution with maintenance release upon AFDO PM prioritization and approval for fixes requiring code changes

If AFDO or NDHHS needs to escalate an incident for which a resolution has not been provided and/or has not been addressed in a timely or appropriate manner, the below describes our escalation path of communication. The AFDO PM will also be notified and kept up to date and we will assign a lead support and/or technical resource to coordinate and oversee resolution of such defect or request. In this scenario, resolution efforts will be communicated through daily emails and/or calls. If these escalation procedures fail to produce a satisfactory resolution, the executive advisor will discuss a corrective action plan to resolve the timeliness of correcting defects or requests.

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Escalation Level Contact

Level 1 State Outreach Coordinator, Katie Gaughan

Level 2 Project Manager, Ashley Wright

Level 3 Program Manager, Elliot Norman

Level 4 Precise President & CEO, Zhensen Huang precise-soft.com | 1445 Research Blvd. Suite #500 Rockville, MD 20850 Page 6 of 7

Pricing & Deliverables

Base Year – Description Amount Acceptance Criteria

State Maintenance Support Baseline

Annual Period of Performance:

7/1/2024-6/30/2025

$34,312.58 Start of the period of performance.

Total Amount $34,312.58 Start of the period of performance.

Option Year One (1) - Description Amount Acceptance Criteria

State Maintenance Support Baseline

Annual Period of Performance:

7/1/2025-6/30/2026

$35,170.39 Start of the period of performance.

Total Amount $35,170.39 Start of the period of performance.

Option Year Two (2) - Description Amount Acceptance Criteria

State Maintenance Support Baseline

Annual Period of Performance:

7/1/2026-12/31/2026

$18,024.83 Start of the period of performance.

Total Amount $18,024.83 Start of the period of performance.

Assumpt ions:

1. Precise will provide additional support and/or software enhancements at the rate of $141.43 per hour for the base year; $144.97 for OY1; $148.59 for OY2.

2. To align the out-year costs with the AFDO contract this will include a yearly 2.5% escalation on

Maintenance Support Baseline, hosting, and enhancement rates.

3. This quote does not guarantee the exercise of any option and it is contingent upon AFDO's election to exercise any such options at the Master Agreement level of the contract.

4. The production release schedule will be dependent on state and vendor availability.

5. Option Year Two services may be terminated with 90 days notice and upon AFDO confirmation that system is fully transitioned from Food Safety.

STATEMENT OF WORK APPROVAL

The signature below acknowledges and confirms NDHHS’s agreement/approval to proceed with the statement of work.

NDDHHS PRECISE SOFTWARE SOLUTIONS, INC

BY BY

NAME NAME

Dirk D. Wilke, J.D., M.B.A.

Jacira Boggon precise-soft.com | 1445 Research Blvd. Suite #500 Rockville, MD 20850 Page 7 of 7

TITLE DATE TITLE DATE

ND OFFICE OF MANGEMENT AND BUDGET

BY

NAME

TITLE DATE

Abigail Dschaak

State Procurement Officer 6/27/2024

Executive Director of Public Health 6/27/2024

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Senior Contracts Manager

6/28/2024

Maintenance and Support Addendum

• Term of Contract: This Contract term (TERM) begins on 7/1/2024 and ends on 6/30/2025.

• Renewal and Extension: State may renew this Contract upon satisfactory completion of the Initial Term. State reserves the right to execute up to 1 option to renew this Contract under the same terms and conditions for a period of 12 months (Renewal Term). State reserves the right to extend this Contract for an additional period, not to exceed 6 months, beyond the current termination date of this Contract. The contract can be renewed or extended however Precise will provide a new Statement of Work outlining the services and amounts.

• Automatic Renewals: This Contract will not automatically renew.

• Termination:

a. Termination for Convenience or by Mutual Agreement This Contract may be terminated by STATE upon thirty (30) days’ written notice to CONTRACTOR. This Contract may be terminated by mutual consent of both Parties executed in writing.

b. Early Termination in the Public Interest STATE is entering this Contract for the purpose of carrying out the public policy of the State of North Dakota, as determined by its Governor, Legislative Assembly, Agencies, and Courts. If this Contract ceases to further the public policy of the State of North Dakota, STATE, in its sole discretion, by written notice to CONTRACTOR, may terminate this Contract in whole or in part.

c. Termination for Lack of Funding or Authority STATE, by written notice to CONTRACTOR, may terminate the whole or any part of this Contract under any of the following conditions:

1. If funding from federal, state, or other sources is not obtained or continued at levels sufficient to allow for purchase of the services or goods in the indicated quantities or term.

2. If federal or state laws or rules are modified or interpreted in a way that the services or good are no longer allowable or appropriate for purchase under this Contract or are no longer eligible for the funding proposed for payments authorized by this Contract.

3. If any license, permit, or certificate required by law or rule, or by the terms of this Contract, is for any reason denied, revoked, suspended, or not renewed.

Termination of this Contract under this subsection is without prejudice to any obligations or liabilities of either Party already accrued prior to termination.

d. Termination for Cause STATE may terminate this Contract effective upon delivery of written notice to CONTRACTOR, or any later date stated in the notice:

1. If CONTRACTOR fails to provide services or goods required by this Contract within the time specified or any extension agreed to in writing by STATE; or

2. If CONTRACTOR fails to perform any of the other provisions of this Contract, or so fails to pursue the work as to endanger performance of this Contract in accordance with its terms.

The rights and remedies of STATE provided in this subsection are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract.