Attachment J - Milestone Payment Penalties.xlsx
XLSX spreadsheet 30 KB Posted
- Attached to
- UI Modernization System
- Solicitation number
- RFP-758-2000000335-25
- Issued by
- Elliott County, Kentucky
About this file
This file is a milestone payment penalties schedule for the Kentucky UI Modernization System project. The document establishes a penalty structure designed to incentivize the contractor's timely completion of project milestones. The penalties are applied incrementally based on the number of days a milestone delivery is delayed beyond the scheduled completion date, with increasing financial consequences for extended delays. The schedule outlines specific penalty percentages or amounts that correspond to defined delay periods, ensuring that the contractor bears financial responsibility for schedule deviations and project postponements.
The penalty framework is structured to encourage adherence to the established project timeline by imposing escalating financial consequences that increase in severity as delays extend. These milestone payment penalties serve as a contractual mechanism to protect the state's interests and ensure timely delivery of system components and functionalities critical to the UI modernization initiative. The specific penalty amounts and delay thresholds detailed in the spreadsheet provide clear expectations for both the contractor and the state regarding financial implications of schedule non-performance.
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Text version
1 Key Milestone Dates
| Attachment J - Milestone Payment Penalties - RFP 758 2000000335 | ||
| Description | Penalites | |
| Key Milestone Dates | Accomplishment of certain specified activities by the key milestone dates, as defined in the work plan, shall be necessary to ensure project(s) are on track. If, for any reason, the Contractor is delayed in meeting these key milestone dates and a Contract modification or a change request for work plan change is not approved, a reduction in compensation may be assessed. | The Commonwealth shall reduce compensation up to two thousand dollars ($2,000.00) per calendar day, or any part thereof, for each of the first ten (10) calendar days of delay in meeting a milestone date or contributing to a delay for another Contractor’s performance. |
| If the Vendor is delayed or the Vendor contributes to a delay for another Contractor’s performance or key milestones, UI shall access a reduction in compensation. | The Commonwealth shall reduce compensation up to four thousand dollars ($4,000.00) per calendar day, or any part thereof, for each of the next twenty (20) calendar days of delay in meeting a milestone date or contributing to a delay for another Contractor’s performance. | |
| Approval of a contract modification or change request for work plan change does not waive the Commonwealth’s ability to impose damages and/or reductions in compensation, if warranted by other terms of the contract. | The Commonwealth shall reduce compensation up to six thousand dollars ($6,000.00) per calendar day, or any part thereof, for each additional calendar day of delay in meeting a milestone after thirty (30) calendar days or contributing to a delay for another Contractor’s performance. |
2 Deliverables
| Attachment J - Milestone Payment Penalties - RFP 758 2000000335 | ||
| Description | Penalties | |
| Deliverables | Copies of each deliverable, as defined in the approved UI Detailed Work Plan, shall be delivered to UI, in final form, on or before the date specified in the approved Commonwealth UI Detailed Work Plan. | The Commonwealth shall assess and reduce compensation one thousand dollars ($1,000.00) for each calendar day, or any part thereof, that a deliverable is late, which includes delivery on incorrect media. |
| UI may require one (1) paper copy and one (1) electronic copy of all deliverables. The electronic copy shall be compatible with Microsoft Word, or other application software, as requested by UI, and submitted on the Commonwealth specified media and stored in UI SharePoint. | The Commonwealth shall assess and reduce compensation an additional one thousand dollars ($1,000.00) for each calendar day, or any part thereof, that a deliverable continues not to meet minimum content requirements or the approved format after its formal rejection by UI when appropriate. | |
| All deliverables shall be in a format approved by UI, and meet content and accuracy requirements specified or as subsequently defined by UI. | ||
| If the Vendor deviates without seeking UI approval, a penalty shall be assessed. |
3 Key Personnel
| Attachment J - Milestone Payment Penalties - RFP 758 2000000335 | ||
| Description | Penalty | |
| Key Personnel | Key personnel commitments contained in the Vendor 's proposal for all phases of the contract shall not be changed without a 30-day advanced notice and prior written approval of the UI Contract Administrator, unless the changes are due to the death, disability, resignation, termination, or military recall of any key individual. If an individual listed in the Contractor’s proposal becomes unavailable prior to award, the Commonwealth shall be notified immediately and a replacement of equal or greater qualifications shall be in place within thirty (30) days. The replacement individual shall be approved by the UI Project Director prior to placement on the project. | The Commonwealth shall assess up to thirty thousand dollars ($30,000.00) in reduction in compensation for each key personnel proposed in the Vendor’s response to the RFP who is changed for reasons other than death, disability, resignation, termination, or military recall. If an individual listed in the Contractor’s proposal becomes unavailable prior to award, the Commonwealth shall be notified immediately and a replacement of equal or greater qualifications shall be in place within thirty (30) days. The replacement individual shall be approved by the Division Director prior to placement on the project. |
| As UI Contractors are on boarded, the Vendor shall reassess project-staffing needs at no additional cost to the Commonwealth. Staffing includes the staff proposed for all key positions required in this RFP, at the levels of effort proposed, or as specified in the Contract. | The Commonwealth shall assess up to an additional one thousand dollars ($1,000.00) in reduction in compensation, per business day, for each key personnel after the initial thirty (30) business days allowed for Vendor to identify and receive UI approval on an acceptable replacement for the key personnel and an acceptable replacement has not been provided. | |
| The Vendor shall maintain staffing levels throughout the project at ninety percent (90%) or more of the staffing plan agreed to during project planning. Commonwealth may assess up to an additional one thousand dollars ($1,000.00) in reduction in compensation, per business day, for each percentage point under 90%. replacements to maintain the ninety percent (90%) staffing level. | If the Vendor fails to maintain ninety percent (90%) of the mutually agreed-to staffing plan for a period exceeding thirty (30) contiguous calendar days, the |
4 Onsite Time for Key Personnel
| Attachment J - Milestone Payment Penalties - RFP 758 2000000335 | ||
| Description | Penalty | |
| Onsite Time for Key Personnel | The Contractor is to ensure resources are available onsite during the following business hours: Monday – Friday from 8:00 a.m. to 4:30 p.m. Eastern Time. Any business travel is expected to be performed outside of these times. Deviation from this requires UI approval. | The Commonwealth shall assess and reduce compensation one thousand ($1,000.00) for each calendar day, or any part thereof, that a key resource is not onsite during stated business hours. Penalty will be waived when prior approval from UI has been granted. |
5 Lack of Collaboration
| Attachment J - Milestone Payment Penalties - RFP 758 2000000335 | ||
| Description | Penalty | |
| Lack of Collaboration | The Vendor shall fully cooperate with all other Commonwealth Contractors (including IV&V) and Commonwealth employees. The Vendor shall not commit or permit any act that shall interfere with the performance of work by any other Contractor or by Commonwealth employees. If the Vendor fails to demonstrate effective collaboration, the Commonwealth may assess the situation and take appropriate actions. | UI shall provide formal, written notice with details for correction including action(s) to be taken, if action(s) are not taken, within five (5) business days, then the report card penalty may be assessed. If action(s) are not resolved in thirty (30) business days, then the Commonwealth shall reduce compensation up to ten thousand dollars ($10,000.00) per calendar day. |
6 Documentation
| Description | Penalty | |
| The Vendor shall be responsible for providing the Commonwealth with complete, accurate, and timely documentation of all modifications made to the operational Commonwealth UI modules. Such documentation shall be defined through the Deliverable Management Process, be in accordance with specifications approved by UI and delivered according to the project schedule. | The Commonwealth may reduce compensation up to five hundred dollars ($500.00) for each business day, or any part thereof (beginning the next business day after the documentation due date), that the required documentation has not been provided to the Commonwealth. | |
| Documentation | Any changes that occur to the operational system shall be documented according to specifications approved by UI. Documentation of any such changes shall be provided to UI based on the project schedule. | The Commonwealth may reduce compensation up to five hundred dollars ($500.00) for each business day, or any part thereof, during which the documentation is unacceptable as to format, accuracy, and completeness, based on UI review. Reduction in compensation may be imposed until the Vendor provides the Commonwealth with acceptable documentation. |
7 Monthly Reportable Status
| Description | Penalty | |
| The Vendor shall produce within the first ten (10) calendar days of the end of the previous month a Monthly Project Status report that should detail the accomplishments, completion of project milestones | The Commonwealth may reduce compensation up to five hundred dollars ($500.00) per calendar day, starting on calendar day 11 through calendar day 20, or any part thereof, that the Report Card has not been supplied to the Commonwealth. | |
| Monthly Reportable Status | Due to the changing environment, report card performance standard contract requirements and Vendor-supplied Measurements shall be re-evaluated quarterly for appropriateness, and any additions to the report card shall be finalized through joint negotiation between the Commonwealth and the Vendor. | The Commonwealth may reduce compensation up to one thousand dollars ($1000.00) per calendar day, or any part thereof, for each additional calendar day of delay after the first twenty (20) calendar days, and continuing thereafter, that the Report Card has not been supplied to the Commonwealth. |
8 Turnover
| Description | Penalty | |
| Turnover | The Vendor shall be required to provide full support for contract turnover strategy and activities in accordance with the UI-approved Vendor Turnover Plan, as follows: |
1. Transfer of the Vendor’s duties and responsibilities.
2. Transfer of standard processes, procedures, business processes, and organizational contacts necessary for day-to-day operations. and on-going work.
3. Training plans, training materials, and training delivery to support the transition
5. Transfer of information, experiences, and processes related to the measurement and reporting of performance standards.
6. Transfer of, and assistance on, all existing documentation.
7. Transfer of all work in progress.
| 8. Transfer of any tools and licenses under the contract to a Commonwealth approved location or person. | The reductions in compensation below shall be in addition to any amounts assessed for delays in meeting the operational start date. The Commonwealth may reduce compensation up to five thousand dollars ($5,000.00) per calendar day, or any part thereof, for each of the first ten (10) calendar days of delay in meeting a milestone date. | |
| Accomplishment of certain specified turnover activities by key milestone dates, as established in the Commonwealth-approved Vendor Turnover Plan, shall be necessary to ensure full compliance. |
If, for any reason, the Vendor is delayed in meeting these key milestone dates, and a Contract Modification to the Vendor Turnover Plan is not approved, a reduction in compensation may be assessed. Approval of a Contract or Vendor Turnover Plan modification does not waive the Commonwealth's ability to impose damages and/or reductions in compensation, if warranted by other terms of the Contract.
Approval of a Contract or Vendor Turnover Plan modification does not waive the Commonwealth's ability to impose damages and/or reductions in compensation, if warranted by other The Commonwealth may reduce compensation up to fifteen thousand dollars ($15,000.00) per calendar day, or any part thereof, for each additional calendar day of delay in meeting a milestone after thirty (30) days.
9 Security
| Description | Penalty | |
| Security | The Vendor shall create and maintain security controls and services listed in this RFP at all times. |
Failure to deliver the security controls and services, including, but not limited to, services as listed under Section 50.25, Security Services, shall result in a penalty of five thousand dollars ($5,000) per occurrence as a result of the Vendor , their tools, or technology.
The Commonwealth shall reduce compensation up to thirty thousand dollars ($30,000.00) per event (multiple occurrences during a single event) in which the Vendor’s solution fails to meet a security requirement, control, or service. The Commonwealth may also pursue consequential or liquidated damages.
10 UAT Testing
| Description | Penalty | |
| UAT Testing | The Vendor shall plan, coordinate, manage, and execute UAT (on behalf of the Commonwealth) to ensure end-to-end quality of the entire UI enterprise by including quality attributes, such as reliability, security, interoperability, and maintainability in the test plan and execution strategy. | The Commonwealth may reduce compensation up to one thousand dollars ($1,000.00) for each business requirement missed during UAT or if any of the following are missed (each occurrence): quality attributes, such as reliability, security, interoperability, and maintainability in the test plan and execution strategy. |
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