Addendum 1-RFP Document.pdf

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Attached to
South Dakota Statewide Rural Wildlife Crossing Study
Solicitation number
24RFP11667
Issued by
Hanson County, South Dakota

About this file

This is an Addendum #1 to RFP #25RFP12167 issued by the South Dakota Department of Human Services, SD Council on Developmental Disabilities for the creation and hosting of a website. The project involves developing and launching an accessible, easily searchable website with a content management tool, ensuring access for people with all types of disabilities meeting WCAG2 standards, developing a platform for agencies to submit information and resources, creating a listserv communication option, providing training and technical assistance, and providing ongoing web hosting services. The proposal submission deadline has been extended from January 3, 2025 to January 31, 2025, with subsequent timeline adjustments including evaluation (February 7, 2025), tech review (February 14, 2025), proposal revisions (February 21, 2025), and anticipated award (February 28, 2025). The contract term will begin on January 31, 2025 and end on June 30, 2028, with the opportunity to renew annually for up to 2 one-year extensions.

The project requires a test system mirroring the production environment, with all resource costs and licensing for the test system included in the proposal costs. The solution must integrate with the State's standard identity management service single sign-on (SSO) using OAuth 2.0 protocol, and proposals must include monitoring tools for system operation. Offerors must submit electronic proposals in MS Word or PDF format to jessica.lamb@state.sd.us, with email attachments limited to 10MB in size. The contract terms indicate the State will own all data tables and have ability to manipulate data, run reports, pull code tables, access raw data, and develop dashboards through Microsoft Power BI, ESRI, Tableau and associated platforms.

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Addendum #1: Proposal submission date has been extended until January 31, 2025. The Schedule of Activities dates have been updated as well. Please note changes in red.

Addendum #1

STATE OF SOUTH DAKOTA

(Department of Human Services, SD Council on Developmental Disabilities 811 East 10th Ave, Dept. 21, Sioux Falls, SD 57103)

CREATION AND HOSTING OF WEBSITE FOR THE SOUTH DAKOTA COUNCIL ON

DEVELOPMENTAL DISABILITIES

PROPOSALS ARE DUE NO LATER THAN January 3, 2025; 5:00 PM CST. January 31, 2025

RFP #: 25RFP12167 STATE POC: Jessica Lamb EMAIL: jessica.lamb@state.sd.us

READ CAREFULLY

FIRM NAME: AUTHORIZED SIGNATURE:

ADDRESS: TYPE OR PRINT NAME:

CITY/STATE: TELEPHONE NO:

ZIP (9 DIGITS): FAX NO:

E-MAIL:

PRIMARY CONTACT INFORMATION

CONTACT NAME:

TELEPHONE NO:

FAX NO: E-MAIL:

Addendum #1: Proposal submission date has been extended until January 31, 2025. The Schedule of Activities dates have been updated as well. Please note changes in red.

1 GENERAL INFORMATION

1.1 BIT STANDARD CONTRACT TERMS AND CONDITIONS

Any contract or agreement resulting from this RFP will include the State of South Dakota’s (the “State”) standard I/T contract terms listed in Appendix A, along with any additional contract terms as negotiated by the parties. As part of the negotiation process the contract terms listed in Appendix A may be altered or deleted. The offeror must indicate in its response any issues it has with specific contract terms. If the offeror does not indicate that there are any issues with any contract terms, then the State will assume those terms are acceptable to the offeror. There is also a list of technical questions, Security and Vendor Questions which is attached as Appendix B, the offeror must complete. These questions may be used in the proposal evaluation. It is preferred that the offeror’s response to these questions is provided as a separate document from the RFP response. If the offeror will be hosting the solution, the file name must be “(Your Name) Hosted Security and Vendor Questions Response”. If the solution will be hosted by the State, the file must be named “(Your Name) Security and Vendor Questions Response State Hosted”. If the solution is not a hosted solution, the file name must be “(Your Name) Security and Vendor Questions Response”. This document cannot be a scanned document but must be an original. If the offeror elects to make the Security and Vendor Questions part of its response, the questions must be clearly indicated in the proposal’s Table of Contents. A single numbering system must be used throughout the proposal.

1.2 PURPOSE OF REQUEST FOR PROPOSAL (RFP)

1.2.1 Background: The SD Council on Developmental Disabilities has been without a web home for two years. The Council would like to bring back a website to serve as a system for information exchange for resources for people with intellectual and developmental disabilities and their families, providers, and the general public.

1.2.2 Goals and Objectives: Creation and hosting of a website for the South Dakota

Council on Developmental Disabilities. The State Plan goal is that people with intellectual and developmental disabilities (IDD) and their families will have improved access to services and awareness of resources. The Objective is to share resources and information through multiple media formats, including a new website.

1.2.3 Description of Components or Phases:

A. Creation of SD Council on Developmental Disabilities website B. Creation of a content management tool.

C. Website hosting and maintenance for three years after initial creation

1.2.4 Scope of Components or Phases:

A. Creation of Website and content management tool: 6 – 9 months B. Website hosting: 3 years

1.3 ISSUING OFFICE AND RFP REFERENCE NUMBER

The South Dakota Council on Development Disabilities is the issuing office for this document and all subsequent addenda relating to it, on behalf of the State of South Dakota, South Dakota Council on Developmental Disabilities. The reference number for the transaction is RFP#25RFP12167. This number must be referred to on all proposals, correspondence, and documentation relating to the RFP.

1.4 SCHEDULE OF ACTIVITIES (SUBJECT TO CHANGE)

RFP Publication 12/10/2024 Deadline for Submission of Written Inquiries 12/13/2024 Responses to offeror Questions 12/20/2024 Proposal Submission 01/03/20241/31/25 Evaluation of Proposals to Determine Short List (If required) 01/10/2025 2/7/25 Discussions / Tech Review 01/17/2025 2/14/25 Proposal Revisions (if required) 01/24/2025 2/21/25 Anticipated Award Decision/Contract Negotiation 01/31/2025 2/28/25

1.5 SUBMITTING YOUR PROPOSAL

All proposals must be completed and received in the SD Council on Developmental Disabilities office by the date and time indicated in the Schedule of Activities.

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

The State will accept electronic proposals. The electronic version should be provided in MS Word or PDF format to Jessica.lamb@state.sd.us. The email, including the attachments, should be limited to 10MB in size.

All proposals must be signed, in ink or electronically, by an officer of the offeror, legally authorized to bind the offeror to the proposal and sealed in the form. 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 # 25RFP12167 PROPOSAL TITLE Creation and Hosting of a Website for the South Dakota Council on Developmental Disabilities PROPOSAL DUE January 03, 2025, 5:00 PM CST. January 31, 2025, 5:00 PM CST

BUYER

Attention: Jessica Lamb Address: SD Council on Developmental Disabilities, 811 E. 10th Ave, Dept. 21, Sioux Falls, SD 57103.

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 of South Dakota.

1.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS

By signing and submitting this proposal, the offeror certifies that neither it nor its principals is 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 offeror is unable to certify to any of the statements in this certification, the offeror shall attach an explanation to its offer.

1.7 NON-DISCRIMINATION STATEMENT

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

1.8 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 offeror certifies and agrees that the following information is correct:

The bidder or offeror, 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 offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror 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.

1.9 CERTIFICATION RELATING TO PROHIBITED ENTITY

For contractors, vendors, suppliers, or subcontractors who enter into a contract with the State of South Dakota by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, 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, is not a prohibited entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by South Dakota Codified Law § 5-18A. 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 offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror 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 and would be cause to suspend and debar a business under SDCL § 5-18D-12.

1.10 CERTIFICATION OF NO STATE LEGISLATOR INTEREST

The bidder or offeror (i) understands neither a state legislator nor a business in which a state legislator has an ownership interest may be directly or indirectly interested in any contract with the State that was authorized by any law passed during the term for which that legislator was elected, or within one year thereafter, and (ii) has read South Dakota Constitution Article 3, Section 12 and has had the opportunity to seek independent legal advice on the applicability of that provision to any agreement entered into as a result of this RFP. By signing an agreement pursuant to this RFP, the bidder or offeror certifies that the Agreement is not made in violation of the South Dakota Constitution Article 3, Section 12.

1.11 MODIFICATION OR WITHDRAWAL OF PROPOSALS

Proposals may be modified or withdrawn by the offeror prior to the established due date and time.

No oral, telephonic, telegraphic or facsimile responses or modifications to informal, formal bids, or Request for Proposals will be considered.

1.12 OFFEROR INQUIRIES

All written questions should be sent to: Jessica.lamb@state.sd.us only emailed questions will be accepted.

Each offeror may submit questions via email concerning this RFP to obtain clarification of requirements. No questions will be accepted after the date and time indicated in the above schedule of activities. Email questions to the email address listed above with the subject line “RFP# 25RFP12167”. The questions and their answers will be sent to all offerors that submitted Letters of Intent, submitted questions, or requested the questions and answers via email before the proposal submittal date and will be sent by the date and time indicated in the above calendar of events. Offeror 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 that have not originated from the SD RFP Project Contact.

Offerors will be notified in the same manner as indicated above regarding any modifications to this RFP.

1.13 PROPRIETARY INFORMATION

The proposal of the successful offeror(s) becomes public information. Proprietary information can be protected under limited circumstances such as client lists and non-public financial statements. An entire proposal may not be marked as proprietary.

Offerors 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 of South Dakota and may be returned only at the State's option.

1.14 LENGTH OF CONTRACT

The contract will begin on 01/31/2025.

The contract will end on 06/30/2028.

The State will have the opportunity to renew the contract annually for up to 2 one-year time extensions. The extension(s) will not be automatic.

1.15 GOVERNING LAW

This RFP will be governed by and construed in accordance with the laws of the State of South Dakota. Any lawsuit pertaining to or affecting this RFP will be venued in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

1.16 PRESENTATIONS/DEMONSTRATIONS

At its discretion, the State may require a presentation or demonstration by an offeror to clarify a proposal. However, the State may award a contract based on the initial proposals received without a presentation or demonstration by the offeror. If presentations or demonstrations are required, they will be scheduled after the submission of proposals. Presentations and demonstrations will be made at the offeror’s expense.

1.17 DISCUSSIONS

At the State’s discretion, the offeror may or may not be invited to have discussions with the State. The discussions can be before or after the RFP has been submitted.

Discussions will be made at the offeror’s expense.

1.18 NEGOTIATIONS

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 component 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.

2 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:

2.1 The Contractor will perform those services described in the Scope of Work, attached hereto as Section 3 of the RFP and by this reference incorporated herein.

2.2 The Contractor’s services under this Agreement will start on 01/31/2025, and end on

06/30/2028, unless terminated sooner pursuant to the terms of the Agreement.

2.3 The Contractor will not use State equipment, supplies, or facilities. The Contractor will provide the State with its Employer Identification Number, Federal Tax Identification Number, or Social Security Number upon execution of this Agreement.

2.4 The State will make payment for services upon satisfactory completion of the services. The

TOTAL CONTRACT AMOUNT is an amount not to exceed $ . The State will not pay Contractor's expenses as a separate item. Payment will be made pursuant to itemized invoices submitted with a signed state voucher. Payment will be made consistent with SDCL chapter 5-26.

2.5 The Contractor agrees to indemnify the State of South Dakota, its officers, agents, and employees, from and against all claims or proceedings for actions, suits, damages, liabilities, other losses or equitable relief that may arise at least in part as a result of an act or omission in performing services under this Agreement. The Contractor will defend the State of South Dakota, its officers, agents, and employees against any claim, including any claim, action, suit, or other proceeding related to the claim. The Contractor’s obligation to indemnify includes the payment of attorney fees and other costs of defense. In defending the State of South Dakota, its officers, agents, and employees, the Contractor will engage other professionals, subject to the written approval of the State which will not be unreasonably withheld. Notwithstanding the foregoing, the State may, in its sole discretion and at the expense of the Contractor, engage attorneys and other professionals to defend the State of South Dakota, its officers, agents, and employees, or to assist the Contractor in the defense. This section does not require the Contractor to be responsible for or defend against claims or proceedings for damages, liabilities, losses, or equitable relief arising solely from errors or omissions of the State, its officers, agents, or employees.

2.6 The Contractor, at all times during the term of this Agreement, will obtain and maintain in force insurance coverage of the types and with the limits as follows:

A. Commercial General Liability Insurance:

The Contractor will maintain occurrence based commercial general liability insurance or equivalent form with a limit of not less than $1 million for each occurrence. If such insurance contains a general aggregate limit it will apply separately to this Agreement or be no less than two times the occurrence limit. The insurance policy will name the State of South Dakota, its officers and employees, as additional insureds, but liability coverage is limited to claims not barred by sovereign immunity. The State of South Dakota, its officers and employees do not hereby waive sovereign immunity for discretionary conduct as provided by law.

B. Professional Liability Insurance or Miscellaneous Professional Liability Insurance:

The Contractor agrees to procure and maintain professional liability insurance or miscellaneous professional liability insurance with a limit not less than $1 million.

C. Business Automobile Liability Insurance:

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

D. Workers’ Compensation Insurance:

The Contractor will procure and maintain workers’ compensation and employers’ liability insurance as required by South Dakota or federal law.

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

2.7 While performing services under this Agreement, the Contractor is an independent contractor and not an officer, agent, or employee of the State of South Dakota.

2.8 The Contractor agrees to report to the State any event encountered in the course of performance of this Agreement which results in injury to the person or property of third parties, or which may otherwise subject Contractor or the State to liability. The Contractor will report any such event to the State immediately upon discovery.

The Contractor's obligation under this section will only be to report the occurrence of any event to the State and to make any other report provided for by their duties or applicable law. The Contractor’s obligation to report will not require disclosure of any information subject to privilege or confidentiality under law (e.g., attorney-client communications).

Reporting to the State under this section will not excuse or satisfy any obligation of the Contractor to report any event to law enforcement or other entities under the requirements of any applicable law.

2.9 This Agreement may be terminated by either party hereto upon thirty (30) days’ written notice. In the event the Contractor breaches any of the terms or conditions of this Agreement, this Agreement may be terminated by the State at any time with or without notice. If termination for a breach is affected by the State, any payments due to the Contractor at the time of termination may be adjusted to cover any additional costs to the State because of the Contractor's breach. Upon termination the State may take over the work and may award another party an agreement to complete the work under this Agreement. If after the State terminates for a breach by the Contractor it is determined that the Contractor was not at fault, then the Contractor will be paid for eligible services rendered and expenses incurred up to the date of termination.

2.10 This Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for this purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of law or federal funds reductions, this Agreement will be terminated by the State upon five (5) business days’ written notice. The Contractor agrees that termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State or any officer, agent, or employee of the State, and the Contractor waives any claim against the same.

2.11 This Agreement may not be assigned without the express prior written consent of the State.

This Agreement may not be amended except in writing, which writing will be expressly identified as a part of this Agreement and be signed by an authorized representative of each of the parties to this Agreement.

2.12 This Agreement will be governed by and construed in accordance with the laws of the

State of South Dakota, without regard to any conflicts of law principles, decisional law, or statutory provision which would require or permit the application of another jurisdiction’s substantive law. Venue for any lawsuit pertaining to or affecting this Agreement will be in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

2.13 The Contractor will comply with all federal, tribal, state, and local laws, regulations, ordinances, guidelines, permits, requirements, and other standards applicable to providing services pursuant to this Agreement, and will be solely responsible for obtaining current information on such requirements. Nothing herein will constitute a waiver by the State to any defense to jurisdiction nor will anything under this Agreement constitute an acknowledgement by the State that any tribe has or exercises any jurisdiction over this Agreement or the parties.

2.14 The Contractor may not use subcontractors to perform the services described in this

Agreement without the express prior written consent of the State. The Contractor will include provisions in its subcontracts requiring its subcontractors to comply with the applicable provisions of this Agreement, to indemnify the State, and to provide insurance coverage for the benefit of the State in a manner consistent with this Agreement. The Contractor will cause its subcontractors, agents, and employees to comply, with applicable federal, tribal, state, and local laws, regulations, ordinances, guidelines, permits, and other standards and will adopt such review and inspection procedures as are necessary to assure such compliance. The State, at its option, may require the vetting of any subcontractors. The Contractor will assist in the vetting process.

2.15 The State reserves the right to reject any person from performing services under this

Agreement who the State believe would be detrimental to the services, presents insufficient skills, presents inappropriate behavior or is considered by the State to be a security risk.

2.16 The Contractor hereby acknowledges and agrees that all reports, plans, specifications, technical data, miscellaneous drawings, software system programs and documentation, procedures, or files, operating instructions and procedures, source code(s) and documentation, including those necessary to upgrade and maintain the software program, and all information contained therein provided to the State by the Contractor in connection with its performance of services under this Agreement will belong to and is the property of the State and will not be used in any way by the Contractor without the written consent of the State. Papers, reports, forms, software programs, source code(s), and other material which are a part of the work under this Agreement will not be copyrighted without written approval of the State.

2.17 The Contractor certifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment or suspension, or declared ineligible from participating in transactions by the federal government or any state or local government department or agency. Contractor further agrees that it will immediately notify the State if during the term of this Agreement Contractor or its principals become subject to debarment, suspension, or ineligibility from participating in transactions by the federal government, or by any state or local government department or agency.

2.18 By signing this Agreement, the Contractor certifies and agrees that is has not refused to transact business activities, have not terminated business activities, and have not taken other similar actions intended to limit its commercial relations, related to the subject matter of this Agreement, with a person or entity that is either the State of Israel, or a company doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel to do business, or doing business in the State of Israel, 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 terminate this Agreement.

During the term of this Agreement, if the Contractor no longer complies with this certification, the Contractor agrees to provide immediate written notice to the State and agrees such noncompliance may be grounds for termination of this Agreement.

2.19 Pursuant to South Dakota Codified Law § 5-18A, by entering into this Agreement with the State of South Dakota, the Contractor certifies and warrants that the Contractor is not a prohibited entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by South Dakota Codified Law § 5-18A.

The Contractor agrees that if this certification is false, the State may terminate this Agreement with no further liability to the State. The Contractor further agrees to provide immediate written notice to the State if during the term of the contract it no longer complies with this certification, and the Contractor agrees such noncompliance may be grounds for contract termination and would be cause to suspend and debar a business under SDCL § 5-18D-12.

2.20 The Contractor (i) understands neither a state legislator nor a business in which a state legislator has an ownership interest may be directly or indirectly interested in any contract with the State that was authorized by any law passed during the term for which that legislator was elected, or within one year thereafter, and (ii) has read South Dakota Constitution Article 3, Section 12 and has had the opportunity to seek independent legal advice on the applicability of that provision to this Agreement. By signing this

Agreement, the Contractor certifies that this Agreement is not made in violation of the South Dakota Constitution Article 3, Section 12.

2.21 Any notice or other communication required under this Agreement will be in writing and sent to the address set forth above. Notices will be given by and to Jessica Lamb on behalf of the State, and by and to , on behalf of the Contractor, or such authorized designees as either party may from time to time designate in writing. Notices or communications to or between the parties will be deemed to have been delivered when mailed by first class mail, provided that notice of default or termination will be sent by registered or certified mail, or, if personally delivered, when received by such party.

2.22 In the event that any court of competent jurisdiction will hold any provision of this

Agreement unenforceable or invalid, such holding will not invalidate or render unenforceable any other provision of this Agreement.

2.23 All other prior discussions, communications, and representations concerning the subject matter of this Agreement are superseded by the terms of this Agreement, and except as specifically provided in this Agreement, this Agreement constitutes the entire agreement with respect to the subject matter.

2.24 The waiver by either party of a breach or violation of any provisions of this Agreement will not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision of this Agreement.

2.25 Nothing in this Agreement is intended to constitute a waiver of sovereign immunity by or on behalf of the State of South Dakota, its agencies, officers, or employees.

2.26 Neither party will disclose the contents of the Agreement except as required by applicable law or as necessary to carry out the terms of the Agreement or to enforce that party’s rights under this Agreement. The Contractor acknowledges that the State of South Dakota and its agencies are public entities and thus are bound by South Dakota open meetings and open records laws. It is therefore not a breach of this Agreement for the State to take any action that the State reasonably believes is necessary to comply with the South Dakota open records or open meetings laws, including, without limitation, posting this Agreement on the website pursuant to SDCL § 1-27-46.

3 SCOPE OF WORK

1. Develop and launch an accessible, easily searchable website for the South Dakota Council on Developmental Disabilities.

2. Develop a content management tool for the website.

3. Ensure access by people with all types of disabilities. Website must meet accessibility standards such as WCAG2

4. Develop a platform for agencies and organizations to submit information and resources to be included on the website.

5. Develop a listserv or other communication option.

6. Provide training and technical assistance to the Council staff or others who will continue to update and build resources on website.

7. Provide on-going web hosting and technical assistance.

3.1 Hosting and Data Access Requirements

The contract doubles as an agreement for the State to own the data tables and is able 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.

The Offeror will describe the process by which the State can access data housed within the proposed solution for ingestion into a state data repository, encompassing available methodologies (e.g., flat file, API), data formatting, frequency of updates, and any inherent constraints. Additionally, provide a high-level architecture diagram, as part of the Solution Diagram, elucidating the proposed solution's data provision mechanism.

3.2 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 the industry standard OAuth 2.0 protocol. This identity management will handle password recovery and multi-factor authentication (MFA). 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:

1) 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 for public/citizens (Azure B2C), 2) https://learn.microsoft.com/en-us/azure/active-directory/architecture/auth-oauth2 and https://learn.microsoft.com/en-us/azure/active-directory/develop/v2-protocols-oidc for state employees, businesses, partners, providers, etc. (EntraID, formally Azure Active Directory).

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

3.3 Onboarding/Provisioning Users

The offeror must describe how new users are onboarded/provisioned in the system using an external identity provider and provide an Identity/SSO/Login Design Document.

3.4 Solution Diagram

The offeror must provide a solution diagram providing specific details of how the entire solution will meet the requirements of the RFP. This will include integration with the State’s infrastructure, existing systems that will integrate with the proposed solution, how data would flow between systems, the technology stack of the solution including any dependencies, and include, but not be limited to, user onboarding/provision and

SSO.

4 RESOURCES

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The Bureau of Information and Telecommunications (BIT) is the state organization that provides IT services for the state.

Historically, the most successful projects are those that use the team approach. The team approach utilizes a combination of consultant staff, BIT staff, and Agency staff. Below is a description of how the team will be structured.

4.1 TEAM ORGANIZATION: Provide the following information.

4.1.1 PROJECT ORGANIZATION CHART

List names, job titles (designate vacancies), and the city and state in which individual will work on this project.

4.1.2 LIST OF ALL CONSULTANTS AND SUBCONTRACTORS

List all entities to be used for performance of the services described in this RFP. In the work plan, describe which responsibilities will be assigned to consultants or subcontractors and the city and state in which the consultants or subcontractors are located.

4.2 PROJECT STAFFING ROLES

Agency Project Sponsor Who: This is an Agency Manager for whom the project is undertaken and who are the primary stake holder and the primary risk taker.

Role: Some of the duties performed by the Agency Project Sponsor are:

• Resolves resource and priority conflicts

• Approves the Project Charter and/or Plan

• Holds subordinate managers accountable for their performance

• Direct communication and reporting relationship with the Agency Project Manager.

• Chief advocate for the project.

• Keeps the team focused on appropriate goals

• Keeps the team updated with new information

• Holds the project team accountable planning and executing the project

• Holds the team accountable for delivering agreed-upon results

Development Team Project Manager Who: BIT Project Manager.

Role: Some of the duties performed by the Development Team Project Manager are:

• Provides day to day supervision of the employees of the development team

• In close daily contact with the Agency Project Manager to ensure that all requirements are fulfilled

• Able to advise the Agency Project Manager of cost/benefit as well as consequences of any changes in work direction

Reports to: Agency Project Manager. Also reports to the Project Steering Team if one exists.

Agency Project Manager Who: This person will typically be an Agency employee, appointed by the Project Sponsor. This could be a full-time job on large projects.

Role: Some of the duties performed by the Agency Project Manager are:

• Day to day oversight of the project

• Approves consultant payments based on contract/work order language

• Provides direction to Agency employees as well as the team

Reports to: The Agency Project Sponsor. This person must keep the Project Sponsor informed on a weekly basis regarding progress and status of the project. When issues arise, this person must be able to make recommendations to the team regarding amendments and changes to the deliverables, schedule or budget.

Project Security Lead Who: This person would be a consultant employee and must be identified by the consultant.

Role: The security lead shall certify in writing the security of each deliverable. The security lead will have overall responsibility for the security of the application development, management, and update process throughout the contract period.

Reports to: The Agency Project Sponsor as part of the project status meetings. When issues arise, this person must be able to make recommendations to the team regarding amendments and changes to the deliverables, schedule or budget.

Project Steering Team Who: This team consists of at least one member from each affected departmental area and may include an offeror representative.

Role: Some of the duties performed by the Project Steering Team:

• Oversee the project in terms of the contract and work order agreements. Specific items of oversight include:

o What are the deliverables for his or her agency, and are they being met?

o Is the project on schedule? If not, what are the consequences? Should the project be put back on schedule and how will that be done?

o What expenditures have been made? Is the project on budget? If not, what are the circumstances surrounding it?

• Recommendation of approval of any scope changes, or any changes that affect cost and schedule based on cost benefit to the Project Owner

Reports to: Their Agency Manager.

Authority: Each Steering Team member should have authority to make decisions for their own departmental area.

4.3 STAFF RESUMES AND REFERENCES

Resumes and references of key personnel, key personnel are considered to be those who are accountable for the completion of one or more major deliverables, has the responsibility of any or all of the total project management, or is responsible for the completion of the project. Provide resume details for all key personnel, including any subcontractors’ project leads, by listing the following in the order in which it appears.

• Name

• Title

• Contact Information (telephone number(s), e-mail address)

• Work Address

• Project Responsibilities (as they pertain to this project)

• Percentage of time designated to this project

• Brief listing of Work Experience in reverse chronological order from present to

01/02/2021 (only provide company name, job title(s)/position(s) held, date started, and date left each position, brief description of job duties, responsibilities, and significant accomplishments)

• RFP Project Experience

• Technical Background relative to this project

• Experience in Similar Projects

• Names of the Similar Projects they were involved in

• Role they played in the projects similar to this project

• Project Management Experience

• Technical Knowledge

• Education

• Relevant Certifications

• Three Professional References (name, telephone number, company name, relationship to employee)

5 PROJECT DELIVERABLES/APPROACH/METHODOLOGY

If the State will be hosting the solution the offeror will provide a system diagram. The diagram must be detailed enough that the State can understand the components, the system flow, and system requirements. It is preferred that the diagram be provided as a separate document or attachment. The file must be named “(Your Name) System Diagram and Requirements”. If the offeror elects to make the diagram part of the proposal, then the location of the diagram must be clearly indicated in the Table of Contents.

If the offeror will be hosting the solution the offeror will provide a diagram giving an overview of the proposed system. It is preferred that this diagram be provided as a separate document or attachment. The file must be named “(Your Name) Hosted System Diagram”. If the offeror elects to make the diagram part of the proposal, then the location of the diagram must be clearly indicated in the Table of Contents.

The offeror should state whether its proposed solution will operate in a virtualized environment. The offeror 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. This information must be included with the solution diagram for the offeror hosted solution.

This section identifies tasks and deliverables of the project as described in Section 3 above.

The selected offeror is responsible for providing the required deliverables. These deliverables will be the basis against which the offeror’s performance will be evaluated.

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

The test system will be maintained by the offeror 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 offeror will, unless approved otherwise by BIT, diagnose the problem and make all fixes on the test system. The offeror is expected to provide proof, to BIT, of the actions taken to remediate the problem that led 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 offeror if the offeror feels that revealing the fix will put the offeror’s intellectual property at risk.

Any website must meet the Web standards listed in this RFP and as found in the following:

https://www.sd.gov/bit?id=bit_standards_web https://www.sd.gov/bit?id=bit_standards_vendor_client_sec_req

All solutions acquired by the State that are hosted by the State will be subject to State network vulnerability scanning and web application vulnerability scanning.

All solutions acquired by the State that are hosted by the offeror, including Software as a Service, or hosted by a third-party for the offeror will be subjected to security scans by BIT or preapproved detailed security scan report provided by the offeror. The scan report sent in with the proposal can be redacted by the offeror. 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 offeror 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 offeror’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 offeror or the offeror’s costs associated with the State’s scans must be part of the offeror’s bid. If the offeror is sending a security scan report, it https://www.sd.gov/bit?id=bit_standards_web https://www.sd.gov/bit?id=bit_standards_vendor_client_sec_req should price the product both as if the State was to do the security scan or if the offeror was to do the security scan.

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 offeror of the nature of the issue and the offeror 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 offeror 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.

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

As part of this project, the offeror 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.

As part of the project plan, the offeror 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.

The successful offeror will use industry standard processes and procedures, such as the Software Development Lifecycle (SDLC), when planning the development, configuration, implementation, and support of the system. The Offeror should outline the processes and procedures in their response, including, but not limited to, alerting 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 or systems.

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.

If the offeror 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 offeror’s proposal must indicate this and give the reason why the data cannot be…

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