ATTACHMENT 010.pdf

ATTACHMENT 010 – Summary of Questions and Responses

Quest. # Page

Sub Section

RFP Language Question SCDHHS Response

1 NA NA During the 5/6/22 Pre-Bid Conference, it was mentioned that the in June, after initial awards were made, that the opportunity to submit a bid would open up and be open during the contract period.

Please confirm. Thank you.

Please see Section 6.3 as revised.

2 NA NA How do contractors become aware of other South Carolina opportunities with similar “rolling” submission dates?

Thank you.

Vendors interested in other bidding opportunities with the State may check the following link:

https://procurement.sc.gov/doing-biz/bid-ops

3 NA NA During the 5/6/22 Pre-Bid Conference, it was mentioned that not all of the vendors awarded a place in the pool would receive all task orders.

What criteria will be used to determine which pooled vendors receive specific task orders?

Thank you.

SCDHHS will select the Contractor based on the qualifications, experience and price that best aligns with the SOW and provide the best value to SCDHHS.

4 21 5.4 5.4 SUBCONTRACTOR

-- IDENTIFICATION

(FEB 2015)

If you intend to subcontract, at any tier level, with another business for any portion of the work and that portion either (1) exceeds 10% of your cost, (2) involves access to any "government information," as defined in the clause entitled "Information Security - Definitions," if included, or (3) otherwise involves Services critical to your performance of the work (err on the side of inclusion), your offer must identify that business and the work which they are to perform. Identify potential subcontractors by providing the business name, address, phone, taxpayer identification number, and point of contact. In determining your responsibility, the state may contact and evaluate your proposed subcontractors. [05-5030- 2]

Please confirm that the information identified in Section

5.4 is the only information required to be submitted in the proposal. For example, a certificate of insurance for subcontractors is not required to be included within the proposal?

Thank you.

Please see Section 4.1 as revised.

https://procurement.sc.gov/doing-biz/bid-ops https://procurement.sc.gov/doing-biz/bid-ops

Sub Section

RFP Language Question SCDHHS Response

5 N/A Section 7

- Terms and Conditio ns

N/A What modifications, if any, may be made by Offeror to Section 7 Terms and Conditions? If modifications are permitted, how does Offeror submit proposed changes?

Proposed modifications to any Terms and Conditions should be submitted through the Question and Answer process. Also, please refer to Section 2.23(c).

6 17 3.1 “Onsite and remote availability to develop strategies and methods for retrieving, analyzing, and presenting available data to support Medicaid goals.”

What is the frequency that a resource would be required to be physically present in SC?

The Contractor awarded a specific SOW is required to be physically present at the location specified in SOW a minimum of three (3) days a week for the duration stated in the SOW.

7 22 5.3(b) “(b) A detailed, narrative statement listing the three most recent, comparable contracts (including contact information) which have been performed. For each contract, describe how the supplies or services provided are similar to those requested by this solicitation”

1) How will references be contacted? (phone, email, other)

2) Will references be required to fill out a form?

1) If requested, references may be contacted by phone or email.

2) References may be asked to complete a form.

8 17 3.3

3.3 Labor Category

Requirements

1) Do the two listed positions have to be located in South Carolina?

2) If not, how often do you anticipate the two positions will need to be onsite?

Please see response to Question #6.

Rob 9 N/A N/A ATTM 008

1) Will you expect vendors to host any data on their own networks?

2) If so, what is the expected volume and how will it be transmitted?

1) No, the Contractor is not expected to host any data on their own networks.

2) NA.

N/A N/A N/A How is an approved vendor selected for work?

Please see response to Question #3.

11 17 Section 3.1

Onsite and remote availability

1) To what extent is South Carolina seeking to have a contractor “onsite”?

2) Does this mean that a contractor may travel to South Carolina for certain meetings (e.g. kick-off) or to be onsite a certain percentage of time during a year?

1) Please see response to Question #6.

2) Contractor may be required to attend certain meetings in person for the duration of the awarded SOW.

12 17 Section 3.

Subsecti on 3.1 and Subsecti on 3.2

“3 SCOPE OF

WORK/SPECIFICATIO

NS

The purpose of this fixed price bid invitation is to establish a pool of qualified individuals to provide Medicaid Data Consulting Services (Services) for the South Carolina Department of Health and Human Services (SCDHHS).

Consulting will entail

1) ATTM 009 STATEMENT

OF WORK referenced in Subsection 3.2 as issued with the RFP appears to be blank. Will the State please clarify the applicability of ATTM 009 to this procurement?

2) Is the actual Scope of Work the purpose and general requirements outlined under Section 3 and Subsection 3.1?

1) The SOW will be completed after Award. Please reference Section 3.2.

2) The SOW will contain a more detailed description of required work and deliverables.

Sub Section

RFP Language Question SCDHHS Response advising the agency on analysis and presentation of data to enhance usability by program areas and personnel.

All approved and qualified Contractors, hereafter referred to interchangeably as “Consultants,” will be placed on a Qualified Consultant List (QCL) from which consulting work will be awarded.

Being placed on the QCL list does not provide a guarantee as to a specific number of consulting work will be awarded.”

3.1 GENERAL

REQUIREMENTS

Onsite and remote availability to develop strategies and methods for retrieving, analyzing, and presenting available data to support Medicaid goals.

Strategies and methods to entail the following:

1) Identify, retrieve, and analyze existing Medicaid and public health related trends,

2) Analysis to support identification of future Medicaid and public health related trends,

3) Identification of relevant data to support agency priorities,

4) Algorithm development,

5) Presentation of data to ensure optimal usability.

This Contract WILL NOT be used to perform or provide the acquisition, installation, or implementation of hardware, software, and/or additional services and/or products.”

“3.2 SCOPE OF

WORK AND

DELIVERABLES

Sub Section

RFP Language Question SCDHHS Response

SCDHHS is responsible for preparing a Statement of Work (SOW) for each project. See ATTM 009

STATEMENT OF

WORK. Each SOW shall be agreed upon by SCDHHS and the Contractor and must be approved in writing by

SCDHHS.”

13 17 3.1 GENERAL

EQUIREMENTS

Onsite and remote availability to develop strategies and methods for retrieving, analyzing, and presenting available data to support Medicaid goals.

Strategies and methods to entail the following:

6) Identify, retrieve, and analyze existing Medicaid and public health related trends,

7) Analysis to support identification of future Medicaid and public health related trends,

8) Identification of relevant data to support agency priorities,

9) Algorithm development,

10) Presentation of data to ensure optimal usability.

This Contract WILL NOT be used to perform or provide the acquisition, installation, or implementation of hardware, software, and/or additional services and/or products.

This section references onsite staff availability. The State also seemed to indicate a preference for onsite staffing during the Pre-bid Conference. Please verify that the State will accept remote staffing support to meet contract requirements.

Please see response to Question #6.

14 19 4.1 INFORMATION

FOR OFFERORS TO

SUBMIT -- GENERAL

(MODIFIED)

You shall submit a signed Cover Page and Page Two. If you submit your offer electronically, you must upload an image of a signed Cover Page and Page Two. Your offer should include all other information and documents requested in this part and in Sections 2.

(1) Please confirm that Offerors’ proposals should include only the elements required in items #1-6.

(2) If so, where should Offerors include information from Section 3, Scope of Work/Specifications regarding general (3.1) and labor category (3.3) requirements?

(3) If additional information beyond items #1-6 is required for a compliant proposal, please

1) Please refer to Section 4.1 as revised.

2) & 3) This solicitation is a Fixed Price Bid and not a Request For Proposal, therefore, you are not required to include a response to Section 3.

Sub Section

RFP Language Question SCDHHS Response

INSTRUCTIONS TO

OFFERORS -- B.

SPECIAL

INSTRUCTIONS; 3

SCOPE OF

WORK/SPECIFICATIO

NS; 5.

QUALIFICATIONS; 8.

BIDDING SCHEDULE /

PRICE PROPOSAL; and any appropriate attachments addressed in Section 9

ATTACHMENTS TO

SOLICITATIONS. You should submit a summary of all insurance policies you have or plan to acquire to comply with the insurance requirements stated herein, if any, including policy types; coverage types; limits, sub-limits, and deductibles for each policy and coverage type;

the carrier’s A.M. Best rating; and whether the policy is written on an occurrence or claims-made basis.

To be considered for award, Offerors must submit the following documents/information:

1. Completed Cover Page and Page Two.

2. Minority Participation (See Section

4.2 Minority

Participation).

3. Certificate of Insurance (or Evidence to Obtain).

4.

ATTACHME

NTS (See Section 9.1):

ATTM 003 -

CERTIFICATION

REGARDING

DEBARMENT

SUSPENSION

INELIGIBILITY AND

VOLUNTARY

EXCLUSION

ATTM 005 -

ORGANIZATIONAL

CONFLICT OF

INTEREST DISCLOSUR

ATTM 006 -

CERTIFICATION FOR

CONTRACTS GRANTS

LOANS AND

COOPERATIVE

AGREEMENTS

specifically identify any solicitation sections to which responses or documentation are required.

Sub Section

RFP Language Question SCDHHS Response

ATTM 008 – SERVICE

PROVIDER SECURITY

ASSESSMENT

QUESTIONNAIRE

(SPSAQ)

5. Response to Section 5.2.

6. Bidding Schedule/Price Proposal.

15 8 2.5 2.5 BID/PROPOSAL AS

OFFER TO CONTRACT

(JAN 2004)

By submitting Your Bid or Proposal, You are offering to enter into a Contract with the Using Governmental Unit(s).

Without further action by either party, a binding Contract shall result upon final award. Any award issued will be issued to, and the Contract will be formed with, the entity identified as the Offeror on the Cover Page. An Offer may be submitted by only one legal entity;

"joint bids" are not allowed. [02-2A015-1]

Although other sections of the solicitation refer to contract negotiations, this section says a binding Contract shall result upon final award. Will the State please clarify the award process and confirm negotiations will take place?

1) Award will be made to all responsive and responsible Offerors meeting the minimum requirements contained herein.

2) SCDHHS may choose to negotiate responses to individual SOWs as needed.

16 24 7 TERMS AND

CONDITIONS -- A.

GENERAL

The Terms and Conditions do not include a cap on the Contractor’s liability for damages. In accordance with standard commercial practices, many state agencies have negotiated and agreed to commercially reasonable limitation of liability provisions.

The presence of such a cap would benefit the State by encouraging financial responsible and responsive Offerors to contract with the State where they might not otherwise out of concern for the open-ended nature of their liability. In light of the foregoing will the State please amend the solicitation to contain a cap on the Contractor’s liability limiting damages to the amount paid to the Contractor during the twelve month period preceding the date giving rise to the damage, or otherwise clarify a willingness to negotiate something mutually acceptable that addresses the issue?

SCDHHS has determined it is not in the best interest of SCDHHS to make the change requested.

17 24 7 TERMS AND

CONDITIONS -- A.

GENERAL

The solicitation does not contain a mutual exclusion of liability for consequential, incidental indirect, or special damages. The presence of such an exclusion would benefit the State by:

SCDHHS has determined it is not in the best interest of SCDHHS to make the change requested.

Sub Section

RFP Language Question SCDHHS Response

1. Encouraging financially responsible and responsive Offerors to bid where they might not otherwise out of concern for the open-ended nature of their liability.

2. Receiving lower pricing as an Offeror does not have to “price” their unlimited liability risk into their bid; and

3. Limiting the State’s own liability in so far as the exclusion of damages would be mutual in nature.

In light of the foregoing will the State please either amend the solicitation to contain a mutual exclusion of consequential, incidental indirect, and special damages, or otherwise clarify its willingness to negotiate something mutually acceptable that addresses this issue?

18 2 N/A PREFERENCES -

ADDRESS AND PHONE

OF IN-STATE OFFICE:

Please provide the address and phone number for your in-state office in the space provided below. An in-state office is necessary to claim either the Resident Vendor Preference (11-35- 1524(C)(1)(i)&(ii)) or the Resident Contractor Preference (11-35- 1524(C)(1)(iii)).

Accordingly, you must provide this information to qualify for the preference. An in-state office is not required, but can be beneficial, if you are claiming the Resident Subcontractor Preference (11-35-1524(D)).

In-State Office Address same as Home Office Address In-State Office Address same as Notice Address (check only one)

Please advise how the Offeror should complete the "Preferences - Address and Phone of In-State Office" box if the Offeror does not have an in-state address.

Is the Offeror permitted to leave this blank since they do not apply?

Preferences do not apply; therefore, Offeror is not required to complete this section.

19 15 2.33(b) Steps for On-Line Bidding The link provided on the solicitation’s Cover Page will take you to our web based on-line bidding system, where you will enter and/or upload your offer.

Section 4.1 provides a list of items (1-6) that the Offeror must submit to be considered for award.

May the response to items 1-6 in Section 4.1 be combined into a single, combined document/file, or would the State prefer items 1-6 be submitted as separate individual files?

Items listed in Section 4.1 as revised may be submitted in one combined document.

Sub Section

RFP Language Question SCDHHS Response

20 19 4.1 Your offer should include all other information and documents requested in this part and in Sections 2.

INSTRUCTIONS TO

OFFERORS -- B.

SPECIAL

INSTRUCTIONS; 3

SCOPE OF

WORK/SPECIFICATION

S; 5. QUALIFICATIONS;

8. BIDDING SCHEDULE

/ PRICE PROPOSAL; and any appropriate attachments addressed in Section 9

ATTACHMENTS TO

SOLICITATIONS.

Section 4.1 also provides a list of items (1-6) that the Offeror must submit to be considered for award. This list specifies a response to subsection 5.2, but does not include subsections 5.1,

5.3 and 5.4.

1) Is the Offeror required to respond to subsections 5.1, 5.3 and 5.4?

2) If the Offeror is required to respond to these additional subsections, where in its proposal, should the Offeror provide a response?

1) & 2) Please refer to Section 4.1 as revised.

21 19 4.1 To be considered for award, Offerors must submit the following documents/information:

1. Completed Cover Page and Page Two.

2. Minority Participation (See Section 4.2 Minority Participation).

3. Certificate of Insurance (or Evidence to Obtain).

4. ATTACHMENTS (See Section 9.1):

ATTM 003 -

CERTIFICATION

REGARDING

DEBARMENT

SUSPENSION

INELIGIBILITY AND

VOLUNTARY

EXCLUSION

ATTM 005 -

ORGANIZATIONAL

CONFLICT OF

INTEREST DISCLOSUR

ATTM 006 -

CERTIFICATION FOR

CONTRACTS GRANTS

LOANS AND

COOPERATIVE

AGREEMENTS

ATTM 008 – SERVICE

PROVIDER SECURITY

ASSESSMENT

QUESTIONNAIRE

(SPSAQ)

5. Response to Section 5.2.

6. Bidding Schedule/Price Proposal.

1) Is the Offeror permitted to include a Cover Letter with their submission?

2) If so, can the cover letter be included before or after the Completed Cover Page and Page Two?

1) Yes, Offeror may include a Cover Letter.

2) There is no requirement on where to place the Cover Letter. However, before the Cover Page and Page Two would be an appropriate placement.

22 19 4.1 To be considered for award, Offerors must submit the following documents/information:

1. Completed Cover Page and Page Two.

For the forms and attachments required to be included in the proposal, is the Offeror permitted to place its proposal header and footer on the documents or should the Offeror complete and submit the forms as is?

The Offeror is welcome to include the Header or Footer as long as it does not modify the document content or in any way condition your response.

Sub Section

RFP Language Question SCDHHS Response

2. Minority Participation (See Section 4.2 Minority Participation).

3. Certificate of Insurance (or Evidence to Obtain).

4. ATTACHMENTS (See Section 9.1):

ATTM 003 -

CERTIFICATION

REGARDING

DEBARMENT

SUSPENSION

INELIGIBILITY AND

VOLUNTARY

EXCLUSION

ATTM 005 -

ORGANIZATIONAL

CONFLICT OF

INTEREST DISCLOSUR

ATTM 006 -

CERTIFICATION FOR

CONTRACTS GRANTS

LOANS AND

COOPERATIVE

AGREEMENTS

ATTM 008 – SERVICE

PROVIDER SECURITY

ASSESSMENT

QUESTIONNAIRE

(SPSAQ)

5. Response to Section 5.2.

6. Bidding Schedule/Price Proposal.

23 20 4.2 Entire Minority Participation form

1) Will minority participation be factored into the Offeror's qualifications?

2) If so, please clarify how minority participation will be evaluated/scored.

1) No.

2) N/A

24 21 4.3 In order for the State to accurately evaluate the strength and viability of the Contractor’s security policies, procedures and practices related to confidentiality, integrity and availability, Offerors must submit with their offers a thorough and complete written response to the Service Provider Security Assessment Questionnaire (“Response to SPSAQ”) attached to this Solicitation, which must address all applicable organizations and applicable information systems.

Should the Offeror include Policies, Procedures, and Certifications (i.e., Contingency Planning Policy and SOP, Security Incident Response & Reports Policy, HITRUST Certification, etc.) as attachments with the submission in response to the SPSAQ?

Or can the Offeror indicate they will be provided if requested by the State?

A response to Service Provider Security Questionnaire is required.

Sub Section

RFP Language Question SCDHHS Response

25 45 8.1 The Bidding Schedule includes two labor categories under "Professional Services" for: 1) Data Science Consultant and 2) Policy Research Consultant.

Section 3.3 also indicates "The Medicaid consultation team shall be composed from the following Labor Categories..."

Can Bidders include additional Labor Categories in their proposal?

No.

26 17 3.0 All approved and qualified Contractors, hereafter referred to interchangeably as “Consultants,” will be placed on a Qualified Consultant List (QCL) from which consulting work will be awarded.

Do you have any indication of average project length for the consulting work referenced?

The length will vary based on each project as detailed in the respective

SOW.

27 17 3.0 All approved and qualified Contractors, hereafter referred to interchangeably as “Consultants,” will be placed on a Qualified Consultant List (QCL) from which consulting work will be awarded.

Do you have an idea of how soon after receiving notice of a new opportunity a proposal would be due and/or the work might start?

The project commencement date and the estimated project completion date will be detailed in the SOW.

28 19 4.1 To be considered for award, Offerors must submit the following documents/information:

1. Completed Cover Page and Page Two.

2. Minority Participation (See Section 4.2 Minority Participation).

1) Does the Department have a preference for companies based in South Carolina and/or with MWBE status in SC?

2) If so, is there an equal preference for companies that might subcontract to companies based in South Carolina, and/or with MWBE status in SC?

1) Preferences do not apply.

2) No.

29 45 8.1 See Bidding Schedule below. Offerors may not exceed the Maximum Unit Price established for each Labor Category but may submit a price lower than the Maximum Unit Price.

The Maximum Unit Price is a fixed price that includes travel expenses and excludes taxes.

Can we offer multiple rates for different experience levels, and can we offer a blended rate for teams with more than one person?

No. Offerors are not allowed to add any additional Labor Category Positions.

Offerors must provide a Unit Price for

1) Data Science Consultant and 2) Policy Research Consultant not to exceed the Maximum Unit Price.

30 17 3.3

LABOR

CATEG

ORY

REQUIR

EMENT

S

The approved Labor Categories and their corresponding applicable skillset and education are outlined below. The Medicaid consultation team shall be composed from the following Labor Categories:

Position Title Data Science Consultant

Can Contractors offer other labor categories to account for additional expertise that may benefit any of the projects?

Please reference response to Question #29.

Sub Section

RFP Language Question SCDHHS Response

Policy Research Consultant

31 25 7.6

DISPUT

ES (JAN

2006)

All disputes, claims, or controversies relating to the Agreement shall be resolved exclusively by the appropriate Chief Procurement Officer in accordance with Title 11, Chapter 35, Article 17 of the South Carolina Code of Laws, or in the absence of jurisdiction, only in the Court of Common Pleas for, or a federal court located in, Richland County, State of South Carolina.

Will SCDHHS consider modifying this section to include the following?

EACH PARTY, ON BEHALF

OF ITSELF AND ITS

AFFILIATES, TO THE

FULLEST EXTENT

PERMITTED BY LAW,

KNOWINGLY,

VOLUNTARILY, AND

INTENTIONALLY WAIVES

ITS RIGHT TO A TRIAL BY

JURY IN ANY ACTION OR

OTHER LEGAL

PROCEEDING ARISING OUT

OF OR RELATING TO THIS

AGREEMENT OR ANY

SERVICES PROVIDED BY

MERCER OR ITS

AFFILIATES. THE WAIVER

APPLIES TO ANY ACTION

OR LEGAL PROCEEDING,

WHETHER SOUNDING IN

CONTRACT, TORT OR

OTHERWISE. EACH PARTY

AGREES NOT TO INCLUDE

ANY EMPLOYEE, OFFICER,

DIRECTOR OR TRUSTEE OF

THE OTHER AS A PARTY IN

ANY ACTION, PROCEEDING

OR COUNTERCLAIM

RELATING TO SUCH

DISPUTE.

SCDHHS has determined it is not in the best interest of SCDHHS to make the change requested.

32 31 DEFAU

LT (JAN

2006)

(2) The State’s right to terminate this contract under subdivisions (a)(1)(ii) and (1)(iii) of this clause, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Procurement Officer) after receipt of the notice from the Procurement Officer specifying the failure.

Will SCDHHS consider modifying this section so that there is a 30-day cure period?

Yes, please reference Section 7.30 Default (JAN 2006) as revised.

Sub Section

RFP Language Question SCDHHS Response

33 31 DEFAU

LT (JAN

2006)

(2)(b) If the State terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Procurement Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.

Will SCDHHS consider removing the obligation for Contractor to contractually provide cover and clarify that the payment of any replacement costs shall be determined through the dispute resolution process in the Agreement?

SCDHHS has determined it is not in the

34 32 7.32

INDEM

NIFICA

TION –

THIRD

PARTY

CLAIMS

GENER

AL

(NOV

2011)

Notwithstanding any limitation in this agreement, and to the fullest extent permitted by law, Contractor shall defend and hold harmless Indemnitees for and against any and all suits or claims of any character (and all related damages, settlement payments, attorneys' fees, costs, expenses, losses or liabilities) by a third party which are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property arising out of or in connection with the goods or Services acquired hereunder or caused in whole or in part by any act or omission of Contractor, its subcontractors, their employees, workmen, servants, agents, or anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by an Indemnitee, and whether or not such claims are made by a third party or an Indemnitee;

however, if an Indemnitee's negligent act or omission is subsequently determined to be the sole proximate cause of a suit or claim, the Indemnitee shall not be entitled to indemnification hereunder. Contractor shall be given timely written notice of any suit or claim. Contractor's obligations hereunder are in no way limited by any protection afforded under workers' compensation acts, disability benefits acts, or other employee benefit acts. This clause shall not negate, abridge, or reduce any other rights or obligations of indemnity, which would otherwise exist. The obligations of this paragraph shall survive termination, cancelation, or expiration of the parties' agreement. This provision

Will SCDHHS consider modifying this section as follows:

Notwithstanding any limitation in this agreement, and To the fullest extent permitted by law, Contractor shall defend and hold harmless Indemnitees for and against any and all suits or claims of any character (and all related damages, settlement payments, reasonable attorneys' fees, costs, reasonable expenses, losses or liabilities) by a third party which are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property arising out of or in connection with the goods or Services acquired hereunder or caused in whole or in part by any negligent act or omission of Contractor, its subcontractors, their employees, workmen, servants, agents, or anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by an Indemnitee, and whether or not such claims are made by a third party or an Indemnitee; however, if an Indemnitee's negligent act or omission is subsequently determined to be the sole proximate cause of a suit or claim, the Indemnitee shall not be entitled to indemnification hereunder. Contractor shall be given timely written notice of any suit or claim. Contractor's obligations hereunder are in no way limited by any protection afforded under workers' compensation acts, disability benefits acts, or other employee benefit acts. This clause shall not negate, abridge, or reduce any other rights or obligations of indemnity, which would otherwise exist. The obligations of this paragraph shall survive termination, cancelation, or expiration of the parties' agreement. This provision shall be construed fairly and reasonably, neither strongly for nor against either party, and without regard to any clause regarding insurance. As used in this clause, "Indemnitees" means the State of South Carolina, its instrumentalities, agencies, departments, boards, political subdivisions and all their

SCDHHS has determined it is not in the

Sub Section

RFP Language Question SCDHHS Response shall be construed fairly and reasonably, neither strongly for nor against either party, and without regard to any clause regarding insurance. As used in this clause, "Indemnitees" means the State of South Carolina, its instrumentalities, agencies, departments, boards, political subdivisions and all their respective officers, agents, and employees. [07- 7B100-2] respective officers, agents, and employees. [07-7B100-2]

35 35 7.38

INFOR

MATIO

N USE

AND

DISCLO

SURE

(FEB

2015)

(e) Rights, Disclosure and Use. Except as otherwise expressly provided in this solicitation, Contractor agrees NOT to either (1) use or disclose government information, or (2) retain government information after termination or expiration of this Contract.

Contractor acquires no rights in any government information except the limited rights to use, disclose and retain the government information in accordance with the terms of this solicitation.

To the extent reasonably necessary to perform the work, Contractor may: (i) use (including access, process, transmit, and store) and maintain the government information itself; and (ii) disclose government information to persons having a need-to-know (e.g., subcontractors). Before disclosing government information to a subcontractor or third party, Contractor shall give the using governmental unit detailed written notice of both the reason for disclosure and the identity and location

Will SCDHHS consider adding the following retention right to each section?

Notwithstanding anything to the contrary in this Agreement, but subject to the terms and conditions regarding confidential information, Contractor may (i) retain copies of government information that is required to be retained by law or regulation, (ii) retain copies of its work product that contain government information for archival purposes or to defend its work product and (iii) in accordance with legal, disaster recovery and records retention requirements, store such copies and derivative works in an archival format (e.g., tape backups), which may not be returned or destroyed upon the State’s request. Contractor may retain government information in paper or imaged format and Contractor may destroy paper copies if Contractor retains digital images thereof.

SCDHHS has determined it is not in the

Sub Section

RFP Language Question SCDHHS Response

(f) Return.

Notwithstanding the using governmental unit's failure to perform or the pendency of a dispute, Contractor agrees to promptly deliver to the using governmental unit (or destroy, at the using governmental unit's option) all government information in its possession as and upon written request of using governmental unit (provided that, if the Contract has not expired or been terminated, Contractor shall be excused from the performance of any work reasonably dependent on Contractor's further access to such government information).

36 37 7.42

OWNER

SHIP OF

DATA

AND

MATER

IALS

(JAN

2006)

All data, material and documentation prepared for the state pursuant to this Contract shall belong exclusively to the State.

[07-7B125-1]

Will SCDHHS consider modifying this section to include the following qualification on audit rights?

Due to the confidential and proprietary nature of Contractor’s operations and to protect the integrity and security of its operations and the shared nature of systems which may be used to provide the Services under this Agreement, Contractor reserves the right to reasonably limit the scope of such inspections, and require that such inspections (a) must be preceded by advance written request of no less than 30 days prior to the anticipated start date and may occur no more than once in any twelve (12) month period, barring exigent circumstances, such as the State’s reasonable concern of an actual breach or imminent material breach of security, in which case an inspection may be performed in response to such circumstance or concern, and at a time mutually agreed by the Contractor and the State, (b) if to be conducted by a third party, the third party must be a mutually agreed upon specialist, where such agreement by Contractor shall not be unreasonably withheld, (c) are subject to appropriate confidentiality and non-disclosure provisions, and (d)

SCDHHS has determined it is not in the

Sub Section

RFP Language Question SCDHHS Response may not disrupt Contractor’s normal business or IT operations.

37 42 7.59

USE

AND

OWNER

SHIP OF

INFOR

MATIO

N AND

DOCUM

ENTATI

ON

(SCSCD

HHS)

During normal business hours, the U.S. SCDHHS, Government Accountability Office, the Comptroller General, the Office of the Attorney General, South Carolina Fiscal Accountability Authority, the South Carolina State Auditor, and SCSCDHHS staff, through any authorized representative(s), shall have the right at all reasonable times to enter into Contractor’s premises, or other such places where duties under the contract are being performed, to inspect, monitor, assess, audit, or otherwise evaluate the Work performed or being performed under this Contract. They shall have the right to audit, examine and make copies, excerpts or transcripts from all records unless otherwise precluded by federal or State law; contact and conduct private interviews with Contractor employees and do on-site reviews of all matters relating to this Contract.

This provision is applicable to any Subcontractor and shall be included in any subcontracts. If any inspection or evaluation is made on the premises of Contractor, or Subcontractor, Contractor shall provide and require its Subcontractors to provide all reasonable facilities and assistance for the safety and convenience of the authorized representatives in the performance of their duties. All such inspections and evaluations shall be performed in such a manner that will not unreasonably delay Work.

Any subcontract permitted by SCSCDHHS must contain a provision that sets forth the Subcontractor's agreement

Would SCDHHS consider modifying this section to include the following audit restrictions?

Due to the confidential and proprietary nature of Contractor’s operations and to protect the integrity and security of its operations and the shared nature of systems which may be used to provide the Services under this Agreement, Contractor reserves the right to reasonably limit the scope of such audits, and require that such audits (a) must be preceded by advance written request of no less than 30 days prior to the anticipated start date and may occur no more than once in any twelve (12) month period, barring exigent circumstances, such as the State’s reasonable concern of an actual breach or imminent material breach of security, in which case an audit may be performed in response to such circumstance or concern, and at a time mutually agreed by the Contractor and the State, (b) if to be conducted by a third party, the third party must be a mutually agreed upon specialist, where such agreement by Contractor shall not be unreasonably withheld, (c) are subject to appropriate confidentiality and non-disclosure provisions, and (d) may not disrupt Contractor’s normal business or IT operations.

SCDHHS has determined it is not in the

Sub Section

RFP Language Question SCDHHS Response with the terms set forth in this section.

Contractor shall maintain an accounting system with the supporting fiscal records adequate to assure that all claims for funds are in accordance with the Contract and all applicable laws, regulations and policies, both State and federal. Contractor shall assure that all Contractor and Subcontractor books, documents, papers, accounting records, or other evidence pertaining to costs incurred under this Contract will be maintained for a period of at least five (5) years after the final payment under this Contract and that SCSCDHHS, the Office of the Attorney General, the South Carolina State Auditor, the U.S.

SCDHHS, Government Accountability Office, and the Comptroller General or any of their duly authorized representatives shall have access to any such books for the purpose of making audits, examinations, excerpts, and transcripts for no less than five (5) years after the date of final payment under this Contract or a resolution of audit findings, whichever is later

Sub Section

RFP Language Question SCDHHS Response

38 44 7.62

APPLIC

ABLE

LAWS

AND

REGUL

ATIONS

(SCSCD

HHS)

SCSCDHHS requires that all Business Associates and partners execute a Business Associate Agreement (BAA) in accordance with the HITECH Act stipulating that they understand these requirements and agree to adhere to them as contractual custodians of data and/or systems for which SCSCDHHS is responsible. As a part of this solicitation, Contractor agrees to the attached BAA and recognizes that SCSCDHHS reserves the right to audit information security compliance at will either directly or through a third party of SCSCDHHS’s choosing.

Additionally, SCSCDHHS is required to comply with future Directives and Executive Orders from the South Carolina Governor, state provisos and legislation, rulings from CMS and federal legislation. Due to the dynamic nature of these requirements, all Business Associates and Partners must agree to adhere to these changes within sixty

(60) days of being notified by SCSCDHHS.

SCSCDHHS recognizes that compliance with additional requirements may require modification in accordance with Section 7B, CHANGES.

Would SCDHHS consider modifying this section to include the following audit restrictions?

Due to the confidential and proprietary nature of Contractor’s operations and to protect the integrity and security of its operations and the shared nature of systems which may be used to provide the Services under this Agreement, Contractor reserves the right to reasonably limit the scope of such audits, and require that such audits (a) must be preceded by advance written request of no less than 30 days prior to the anticipated start date and may occur no more than once in any twelve (12) month period, barring exigent circumstances, such as the State’s reasonable concern of an actual breach or imminent material breach of security, in which case an audit may be performed in response to such circumstance or concern, and at a time mutually agreed by the Contractor and the State, (b) if to be conducted by a third party, the third party must be a mutually agreed upon specialist, where such agreement by Contractor shall not be unreasonably withheld, (c) are subject to appropriate confidentiality and non-disclosure provisions, and (d) may not disrupt Contractor’s normal business or IT operations.

SCDHHS has determined it is not in the

Sub Section

RFP Language Question SCDHHS Response

39 BAA Purpose The South Carolina Department of Health and Human Services (Covered Entity) and Business Associate agree to the terms of this Agreement for the purpose of protecting the privacy of individually identifiable health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) in performing the functions, activities, or services for, or on behalf of, Covered Entity as specified in the Contract between the parties.

Will SCDHHS consider modifying this section to include the following?

This Agreement shall apply only with respect to and to the extent that Business Associate creates, receives, maintains or transmits protected health information for or on behalf of Covered Entity.

This Agreement shall replace and supersede any prior Business Associate Agreement between the Parties.

SCDHHS has determined it is not in the best interest of SCDHHS to make the change requested.

40 BAA Obligatio ns and Activitie s of Business Associat e

(d) Report to the Privacy Official of the Covered Entity any use or disclosure of protected health information not provided for by the Agreement of which it becomes aware, including breaches of unsecured protected health information as required at 45 CFR 164.410, and any security incident of which it becomes aware within 72 hours of discovery

Will SCDHHS consider modifying this section to include the following?

The parties acknowledge and agree that this section constitutes notice by Business Associate to Covered Entity of the ongoing existence and occurrence of attempted but Unsuccessful Security Incidents (as defined below) for which no additional notice to Covered Entity shall be required, except upon Covered Entity’s request as provided above. “Unsuccessful Security Incidents” shall include, but not be limited to, pings and other broadcast attacks on Business Associate’s firewall, port scans, unsuccessful log-on attempts, denials of service and any combination of the above, so long as no such incident results in unauthorized access, use or disclosure of PHI

SCDHHS has determined it is not in the best interest of SCDHHS to make the change requested.

41 BAA Obligatio ns and Activitie s of Business Associat e

(f) Unless otherwise directed by Covered Entity, Business Associate shall be responsible for breach notifications to individuals, the US DHHS Office of Civil Rights (OCR), the media, and Consumer Affairs, if applicable, on behalf of Covered Entity and shall include Covered Entity’s designee as part of the breach response team;

Will SCDHHS consider modifying this section as follows:

In the case of a breach of protected health information caused by Business Associate’s breach of this contract and if Business Associate and Covered Entity agree that notification is required by law in at least one jurisdiction in which individuals are impacted by a security breach, then upon request by Covered Entity, Business Associate at a reasonable expense shall provide breach notifications to individuals, the US DHHS Office of Civil Rights

SCDHHS has determined it is not in the

Sub Section

RFP Language Question SCDHHS Response

(OCR), and media, as applicable.

42 n/a n/a n/a LIMITATION OF LIABILITY:

Will the SCDHHS consider adding the inclusion of a limitation of liability substantially similar to the following?

Consultant’s limitation of liability for any and all losses, liabilities or damages arising out of or relating to the provision of Services by Consultant is an amount not to exceed the greater of one times the compensation paid to Consultant for the Services giving rise to such loss and $100,000. In no event shall either party be liable in connection with the Agreement for loss of profits or any indirect, incidental, punitive, special or consequential damages arising in any manner from the Agreement regardless of foreseeability thereof. This provision applies to the fullest extent permitted by applicable law and to all causes of action, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts.

SCDHHS has determined it is not in the best interest of SCDHHS to make the change requested.

43 n/a n/a n/a CONFIDENTIALITY: Will the SCDHHS consider adding a mutual confidentiality section, to the extent permitted by applicable law, which addresses terms similar to the following?

Confidentiality obligations shall be limited to information not generally known outside of a party’s company that is identified as confidential or proprietary at or prior to disclosure or if not identified would appear to a reasonably prudent person to be non-public, confidential or proprietary in nature. Consultant shall be permitted to retain copies of Confidential Information in accordance with its legal, disaster recovery and records retention requirements, but subject to its confidentiality obligations. Confidentiality obligations shall not apply to information (i) that is publicly available (not as a result of a breach by the receiving party);

(ii) already known to the receiving party; (iii) disclosed by a third party with a right to disclose; (iv) independently developed by the receiving party without reference to the other party’s confidential information;

SCDHHS has determined it is not in the

Sub Section

RFP Language Question SCDHHS Response or (v) required by law or court order. The receiving party will, unless prohibited by law, give prompt notice to the disclosing party of any disclosure required by law so that the disclosing party may seek a protective order.

44 17 3 Scope of Work/Specifications

Approximately how many consultant staff does the Agency expect to contract with every calendar year?

The number of consultants will vary based on each project as detailed in the respective SOW.

45 22 5.2(a)

Qualifications - Special Standards of Responsibility (Mar 2015)

In addition to Medicaid policy and strategy experience, does the Agency require consultant require hands-on coding/programming experience?

Hands-on coding/programming is not a requirement however this experience may be helpful.

46 22 5.2(b) Qualifications - Special Standards of Responsibility (Mar 2015)

Can the Agency specify page limits, if any, for the narrative sections?

There are no page limits.

47 22 5.2(b)

Qualifications - Special Standards of Responsibility (Mar 2015)

Does the Agency require resumes as part of the RFP response? If so, how many? Or will the company qualifications and experience suffice?

Resumes may be requested through the SOW process.

48 Is the current Medicaid System modular? If so, can you disclose the different modules?

This is not relevant to this solicitation.

49 Regarding said modules, does the Department plan to release any solicitations for the procurement of any replacement?

This is not relevant to this solicitation.

50 If the system is not modular, is a single fiscal agent providing all needed modules for the new

MMIS?

51 Regarding the Medicaid Management Information System Replacement, what other solicitations should we expect to see in order to complete the effort?

52 4 INFORMATION FOR

OFFERORS TO SUBMIT

In 4.1 of this solicitation it lists the requirements for responsiveness. It specifically states Response to Section 5.2.

The solicitation includes Section

5.3 – Qualifications – Required Information, but states “If Requested by Procurement Officer,” does this mean that vendors DO NOT have to respond to Section 5.3?

In Section 5.4 Subcontractor Identification, it is not listed in the 4.1 requirements for responsiveness. Does this mean

Please refer to Section 4.1 as revised.

Sub Section

RFP Language Question SCDHHS Response that vendors DO NOT have to respond to Section 5.4?

53 1) Our technical resources have 10+ years of Medicaid data analysis. Is that Responsible?

2) Will SOW go out to all approved vendors?

3) If not, how will vendors be selected?

4) Will SOW go out to more than one vendor?

5) How and when will price be considered?

1) Yes

2) SCDHHS will send SOW to selected vendors.

3) Please refer to response to Question #3.

4) The SOW may go out to more than one vendor?

5) Please refer to response to Question #3.

54 1) What modules are included within the MMIS Modular system?

2) Will the Department be adding new modules in the future?

3) What are they?