BabyNet RFP.pdf

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BABYNET INTEGRATED CASE MGMT SYSTEM State and local contract opportunity
Solicitation number
5400024726
Issued by
Richland County, South Carolina

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BabyNet Integrated Early Intervention Case Management System RFP

This is a Request for Proposal (RFP) issued by the South Carolina Department of Health and Human Services (SCDHHS) for the BabyNet Integrated Early Intervention Case Management System. SCDHHS seeks a Software-as-a-Service (SaaS) or Commercial Off-The-Shelf (COTS) case management solution to support the IDEA Part C program, which provides early intervention services for children with disabilities from birth to age three. The solution must manage child referrals, eligibility determination, Individual Family Service Plan (IFSP) development, service coordination, provider networks, claims submission to the Medicaid Management Information System (MMIS), and federal compliance reporting. A non-mandatory pre-proposal conference is scheduled for February 9, 2023, at 1:00 PM via Microsoft Teams. Questions must be received by February 17, 2023, at 5:00 PM EST. Proposals are due April 13, 2023, at 2:00 PM EST. Award notification is scheduled for July 31, 2023. The contract term is three years with two subsequent one-year renewal options for a maximum of five years, with an estimated start date of August 15, 2023.

The solicitation requires offerors to demonstrate minimum qualifications including three years of experience implementing and maintaining IDEA Part C case management systems, three years of experience with X12 EDI claim processing system integration, and three years of ASC X12 healthcare transaction processing experience. Proposals will be evaluated in two phases: Phase I evaluates technical solution (45 points), experience and qualifications (40 points), and pricing (15 points) for a total of 100 points; Phase II consists of a demonstration and oral presentation (30 points) for responsive offerors with a mathematical possibility of highest ranking. The contract structure includes Design, Development, and Implementation (DDI), Operations and Maintenance, and Turnover phases with hybrid payment methodologies combining milestone-based and fixed-price monthly payments. A 10% Modification Pool is included for emerging requirements. Pricing must be submitted separately using SCDHHS-provided Excel tables and will be evaluated based on Total Potential Value (TCO plus 10% over five years). The contractor must comply with HIPAA, FERPA, Section 508 accessibility standards, and CMS Minimum Acceptable Risk Standards for Exchanges (MARS-E), and host the solution within the continental United States with 99.9% system uptime requirements.

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ATTM 003.pdf PDF
ATTM 009.pdf PDF
ATTM 005.pdf PDF
PL 011.pdf PDF
ATTM 013.xlsx XLSX spreadsheet
ATTM 014.pdf PDF
Amendment 1.pdf PDF
ATTM 008.xlsx XLSX spreadsheet
ATTM 007.docx DOCX document
PL 015.pdf PDF
PL 016.pdf PDF
ATTM 001.pdf PDF
Amendment 2 24726.pdf PDF
Award Extension 24726.pdf PDF
ATTM 010.pdf PDF
PL 010.pdf PDF
ATTM 015 Disc Control.docx DOCX document
ATTM 011.docx DOCX document
ATTM 006.pdf PDF
ATTM 012.pdf PDF
ATTM 004.pdf PDF
PL 017.pdf PDF
PL 014.pdf PDF
ATTM 002.pdf PDF
PL 013.pdf PDF
ATTM 007 Q & A.pdf PDF
PL 012.pdf PDF
Award Posting Notice.pdf PDF
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State of South Carolina

Request for Proposal

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400024726 01/23/2023

Rebecca O’Brien 803-898-1535 Rebecca.Obrien@SCDHHS.gov 1801 Main Street, Columbia, SC 29201

DESCRIPTION: BabyNet Integrated Early Intervention Case Management System

USING GOVERNMENTAL UNIT: South Carolina Department of Health & Human Services

SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: http://www.procurement.sc.gov//

SUBMIT OFFER BY (Opening Date/Time): 04/13/2023 2:00 PM EST (See "Deadline for Submission of Offer" provision)

QUESTIONS MUST BE RECEIVED BY: 2/17/2023 5:00 PM EST (See "Questions from Offeror" provision)

NUMBER OF COPIES TO BE SUBMITTED: One (1) on-line submission and One (1) Redacted Copy submitted online, (See “Submitting Redacted Offers” provision Section IV & “Submitting Confidential Information” Section II.A.)

Initial here if NO redacted copy is necessary___________

CONFERENCE TYPE: Pre-Proposal

DATE & TIME: 2/9/2023 1:00 PM

(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions)

LOCATION: TEAMS Meeting

(email Rebecca.OBrien@scdhhs.gov for log on information by 2/8/2023 at 3:00 PM)

AWARD &

AMENDMENTS

Award will be posted on 7/31/2023. The award, this solicitation, any amendments, and any related notices will be posted at the following web address: http://www.procurement.sc.gov

You must submit a signed copy of this form with Your Offer. By signing, You agree to be bound by the terms of the Solicitation. You agree to hold Your Offer open for a minimum of ninety (90) calendar days after the Opening Date. (See "Signing Your Offer" provision.)

NAME OF OFFEROR

(Full legal name of business submitting the offer)

Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror. The entity named as the offeror must be a single and distinct legal entity. Do not use the name of a branch office or a division of a larger entity if the branch or division is not a separate legal entity, i.e., a separate corporation, partnership, sole proprietorship, etc.

AUTHORIZED SIGNATURE

(Person must be authorized to submit binding offer to contract on behalf of Offeror.)

DATE SIGNED

TITLE

(Business title of person signing above)

STATE VENDOR NO.

(Register to Obtain S.C. Vendor No. at www.procurement.sc.gov)

PRINTED NAME

(Printed name of person signing above)

STATE OF INCORPORATION

(If you are a corporation, identify the state of incorporation.)

OFFEROR'S TYPE OF ENTITY: (Check one) (See "Signing Your Offer" provision.)

___ Sole Proprietorship ___ Partnership ___ Other_____________________________

___ Corporate entity (not tax-exempt) ___ Corporation (tax-exempt) ___ Government entity (federal, state, or local)

COVER PAGE - ON-LINE ONLY (MAR. 2015)

SAP

http://www.procurement.sc.gov/

PAGE TWO (Return Page Two with Your Offer) HOME OFFICE ADDRESS (Address for offeror's home office / principal place of business)

NOTICE ADDRESS (Address to which all procurement and contract related notices should be sent.) (See "Notice" clause)

Area Code - Number - Extension Facsimile

E-mail Address

PAYMENT ADDRESS (Address to which payments will be sent.)

(See "Payment" clause)

____Payment Address same as Home Office Address ____Payment Address same as Notice Address (check only one)

ORDER ADDRESS (Address to which purchase orders will be sent) (See "Purchase Orders and "Contract Documents" clauses)

____Order Address same as Home Office Address ____Order Address same as Notice Address (check only one)

ACKNOWLEDGMENT OF AMENDMENTS

Offeror acknowledges receipt of amendments by indicating amendment number and its date of issue. (See "Amendments to Solicitation" Provision)

Amendment No.

Amendment Issue Date

Amendment No.

Amendment Issue Date

Amendment No.

Amendment Issue Date

Amendment No.

Amendment Issue Date

DISCOUNT FOR

PROMPT PAYMENT

(See "Discount for Prompt Payment" clause)

10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) _____Calendar Days (%)

PREFERENCES - A NOTICE TO VENDORS (SEP. 2009): On June 16, 2009, the South Carolina General Assembly rewrote the law governing preferences available to in-state vendors, vendors using in-state subcontractors, and vendors selling in-state or US end products.

This law appears in Section 11-35-1524 of the South Carolina Code of Laws. A summary of the new preferences is available at www.procurement.sc.gov/preferences . ALL THE PREFERENCES MUST BE CLAIMED AND ARE APPLIED BY LINE ITEM, REGARDLESS OF WHETHER AWARD IS MADE BY ITEM OR LOT. VENDORS ARE CAUTIONED TO CAREFULLY REVIEW THE STATUTE BEFORE CLAIMING ANY PREFERENCES. THE REQUIREMENTS TO QUALIFY HAVE CHANGED. IF YOU REQUEST A PREFERENCE, YOU ARE CERTIFYING THAT YOUR OFFER QUALIFIES FOR THE

PREFERENCE YOU'VE CLAIMED. IMPROPERLY REQUESTING A PREFERENCE CAN HAVE SERIOUS

CONSEQUENCES. [11-35-1524(E)(4) & (6)] **PREFERENCES DO NOT APPLY TO REQUEST FOR PROPOSALS PER SOUTH CAROLINA PROCUREMENT CODE SECTION [§11-35-1524(E)(5)(b)]

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)). **PREFERENCES DO NOT APPLY TO REQUEST FOR PROPOSALS PER SOUTH CAROLINA PROCUREMENT CODE SECTION [§11-35-1524(E)(5)(b)]

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

PAGE TWO (SEP 2009) End of PAGE TWO

Table of Contents

1 SCOPE OF SOLICITATION

1.1 ACQUIRE SERVICES (MODIFIED)

1.2 MAXIMUM CONTRACT PERIOD – ESTIMATED (MODIFIED)

1.3 INTRODUCTION AND PROGRAM BACKGROUND

1.4 PURPOSE AND GOALS

1.5 CURRENT BABYNET CASE MANAGEMENT SYSTEM

Figure 1 - BabyNet Case Management System: Current State Architecture

1.6 TARGET BABYNET CASE MANAGEMENT SYSTEM

Figure 2 - BabyNet Future State

1.7 SCDHHS SYSTEM TECHNOLOGY

1.8 CASE MANAGEMENT SYSTEM INTEGRATION

2 INSTRUCTIONS TO OFFEROR -- A. GENERAL INSTRUCTIONS

2.1 DEFINITIONS, CAPITALIZATION, AND HEADINGS (DEC 2015)

2.2 ADDITIONAL DEFINITIONS (SCDHHS)

2.3 AMENDMENTS TO SOLICITATION (JAN 2004)

2.4 AUTHORIZED AGENT (FEB 2015)

2.5 AWARD NOTIFICATION (MODIFIED)

2.6 BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004)

2.7 BID ACCEPTANCE PERIOD (JAN 2004)

2.8 BID IN ENGLISH AND DOLLARS (JAN 2004)

2.9 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008)

2.10 CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004)

2.11 CODE OF LAWS AVAILABLE (JAN 2006)

2.12 DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (FEB 2015)

2.13 DEADLINE FOR SUBMISSION OF OFFER (JAN 2004)

2.14 DRUG FREE WORKPLACE CERTIFICATION (JAN 2004)

2.15 DUTY TO INQUIRE (FEB 2015)

2.16 ETHICS CERTIFICATE (MAY 2008)

2.17 OMIT TAXES FROM PRICE (JAN 2004)

2.18 OPEN TRADE REPRESENTATION (JUN 2015)

2.19 PROTESTS (MAY 2019)

2.20 PROHIBITED COMMUNICATIONS AND DONATIONS (FEB 2015)

2.21 PUBLIC OPENING (JAN 2004)

2.22 QUESTIONS FROM OFFEROR (MODIFIED)

2.23 REJECTION/CANCELLATION (JAN 2004)

2.24 RESPONSIVENESS/IMPROPER OFFERS (JUN 2015)

2.25 SIGNING YOUR OFFER (JAN 2004)

2.26 STATE OFFICE CLOSINGS (JAN 2004)

2.27 DISCLOSURE OF YOUR BID / PROPOSAL & SUBMITTING CONFIDENTIAL DATA (FEB 2021)

2.28 SUBMITTING A PAPER OFFER OR MODIFICATION (MAR 2015)

2.29 TAX CREDIT FOR SUBCONTRACTING WITH DISADVANTAGED SMALL BUSINESSES (JAN 2008)

2.30 VENDOR REGISTRATION MANDATORY (MODIFIED)

2.31 WITHDRAWAL OR CORRECTION OF OFFER (JAN 2004)

2 INSTRUCTIONS TO OFFEROR -- B. SPECIAL INSTRUCTIONS

2.32 CONFERENCE– PRE-BID/PROPOSAL (MODIFIED)

2.33 CONTENTS OF OFFER (RFP) (MODIFIED)

2.34 ELECTRONIC COPIES - REQUIRED MEDIA AND FORMAT (MODIFIED)

2.35 ON-LINE BIDDING INSTRUCTIONS (MODIFIED)

2.36 OPENING PROPOSALS -- INFORMATION NOT DIVULGED (FEB 2015)

2.37 DEMONSTRATION AND ORAL PRESENTATION

2.38 DEMONSTRATION SCRIPT

2.39 PROTEST - CPO - ITMO ADDRESS (MODIFIED)

3 SCOPE OF WORK/SPECIFICATIONS

3.1 CONTRACT STRUCTURE

3.1.1 Contract Scope and Structure

3.1.2 Modification Pool

3.1.3 DDI Phase

3.1.4 Operations and Maintenance Phase

3.1.5 Turnover Phase

3.2 CONTRACT INCENTIVE STRUCTURE

3.2.1 Withholdings

3.2.2 Liquidated Damages

3.3 FINANCIAL MANAGEMENT OBJECTIVES AND STRATEGY

3.3.1 Financial Management Objectives

3.3.2 Financial Reporting

3.3.3 Interfacing to the State’s Accounting System

3.3.4 Modification Pool Invoicing

3.4 SOLUTION ENVIRONMENT

3.5 SOLUTION REQUIREMENTS

3.5.1 Parent Guardian and Professional Referral

3.5.2 Benefit Enrollment and Maintenance File Requirement (See PL012 ASC X12 834 Data Mapping)

3.5.3 Intake and Orientation

3.5.4 Child Eligibility File Requirement

3.5.5 Eligibility Determination

3.5.6 Initial Assessment

3.5.7 Initial Individual Family Service Plan (IFSP)

3.5.8 Periodic IFSP Review

3.5.9 Annual IFSP

3.5.10 Transition and Exit

3.5.11 Reports and Alerts

3.5.12 Provider Network Management

3.5.13 Payment Management

3.5.14 Documentation and Support

3.5.15 System Maintenance and Support

3.5.16 Privacy and Usability Requirements

3.6 SCHEDULE STRATEGY

3.6.1 Contractually Preferred Dates

3.6.2 Weekend and Holiday Work

3.7 PROJECT MANAGEMENT

3.7.1 Management Goals

3.7.2 Management Scope

3.7.3 State Insight into Contractor Activities

3.7.4 Contractor Duties

3.7.5 SCDHHS Duties

3.8 STAFFING AND KEY PERSONNEL

3.8.1 Staffing

3.8.2 Removal of Personnel

3.8.3 Personnel Turnover

3.8.4 Key Personnel

3.9 PROGRAM GOVERNANCE

3.10 CHANGE MANAGEMENT AND GOVERNANCE

3.11 DELIVERABLES

3.12 COMMUNICATIONS

3.13 TECHNICAL OBJECTIVES

3.13.1 Solution Standards

3.14 SERVICES STRATEGY AND OBJECTIVES

3.14.1 Hosting

3.15 SERVICE DESIGN

3.15.1 Availability Management

3.15.2 Disaster Recovery and Business Continuity

3.16 SERVICE TRANSITION

3.16.1 Risk Mitigation During System Transitions

3.16.2 Data Conversion

3.17 SERVICE OPERATIONS

3.18 TECHNICAL REFERENCE ARCHITECTURE

3.18.1 Integration Hub

3.18.2 Enterprise Data Services

3.19 SECURITY AND PRIVACY

3.19.1 Security and Privacy Controls

3.19.2 Security and Privacy Approach

3.19.3 Independent Assessment of Security and Privacy Controls

3.20 ADAPTABILITY AND EXTENSIBILITY

3.21 TESTING

3.22 SOLUTION IMPLMENTATION

3.23 TRAINING

3.24 DOCUMENTATION

3.24.1 Additions to CDML

3.25 HELP DESK

3.26 INVOICING AND PAYMENT

3.26.1 Invoices Generally

3.26.2 Invoicing for Fixed Price Work

3.26.3 Invoicing for Accepted Payment Milestones

4 INFORMATION FOR OFFEROR TO SUBMIT

4.1 INFORMATION FOR OFFEROR TO SUBMIT – EVALUATION (JAN 2006)

4.1.1 Administrative Submission Requirements

4.1.2 Proposal Structure

4.1.3 Section by Section Instructions

4.2 INFORMATION FOR OFERORS TO SUBMIT – GENERAL (MAR 2015)

4.3 MINORITY PARTICIPATION (DEC 2015)

4.4 SERVICE PROVIDER SECURITY ASSESSMENT QUESTIONNAIRE – REQUIRED (FEB 2015)

4.5 SUBMITTING REDACTED OFFERS (MAR 2015)

5 QUALIFICATIONS

5.1 QUALIFICATIONS OF OFFEROR (MAR 2015)

5.2 QUALIFICATIONS – SPECIAL STANDARDS OF RESPONSIBILITY (MODIFIED)

5.3 QUALIFICATIONS – REQUIRED INFORMATION (MODIFIED)

5.4 SUBCONTRACT– -- IDENTIFICATION (FEB 2015)

6 AWARD CRITERIA

6.1 AWARD CRITERA - PROPOSALS (JAN 2006)

6.2 AWARD TO ONE OFFEROR (JAN 2006)

6.3 COMPETITION FROM PUBLIC ENTITIES (JAN 2006)

6.4 DISCUSSIONS AND NEGOTIATIONS - OPTIONAL (FEB 2015)

6.5 EVALUATION FACTORS - PROPOSALS (MODIFIED)

7 TERMS AND CONDITIONS – A. GENERAL

7.1 ASSIGNMENT, NOVATION, AND CHANGE OF NAME, IDENTITY, OR STRUCTURE (FEB 2015)

7.2 BANKRUPTCY - GENERAL (FEB 2015)

7.3 CHOICE-OF-LAW (JAN 2006)

7.4 CONTRACT DOCUMENTS AND ORDER OF PRECEDENCE (MODIFIED)

7.5 DISCOUNT FOR PROMPT PAYMENT (JAN 2006)

7.6 DISPUTES (JAN 2006)

7.7 EFT INFORMATION (FEBRUARY 2021)

7.8 EQUAL OPPORTUNITY (JAN 2006)

7.9 FALSE CLAIMS (JAN 2006)

7.10 FIXED PRICING REQUIRED (JAN 2006)

7.11 NO INDEMNITY OR DEFENSE (FEB 2015)

7.12 NOTICE (JAN 2006)

7.13 OPEN TRADE (JUN 2015)

7.14 PAYMENT & INTEREST (FEB 2021)

7.15 PUBLICITY (JAN 2006)

7.16 PURCHASE ORDERS (JAN 2006)

7.17 SURVIVAL OF OBLIGATIONS (JAN 2006)

7.18 TAXES (JAN 2006)

7.19 TERMINATION DUE TO UNAVAILABILITY OF FUNDS (JAN 2006)

7.20 THIRD PARTY BENEFICIARY (JAN 2006)

7.21 WAIVER (JAN 2006)

7.22 BANKRUPTCY - GOVERNMENT INFORMATION (FEB 2015)

7.23 CHANGES (JAN 2006)

7.24 COMPLIANCE WITH LAWS (JAN 2006)

7.25 CONTRACT DOCUMENTS AND ORDER OF PRECENDENCE-SOFTWARE LICENSING-SINGLE AGENCY (FEB2015)

7.26 CONTRACTOR'S LIABILITY INSURANCE - GENERAL (FEB 2015)

7.27 CONTRACTOR'S LIABILITY INSURANCE - INFORMATION SECURITY AND PRIVACY (MODIFIED)

7.28 CONTRACTOR PERSONNEL (JAN 2006)

7.29 CONTRACTOR'S OBLIGATION -- GENERAL (JAN 2006)

7.30 CONTRACTOR'S USE OF STATE PROPERTY (JAN 2006)

7.31 DEFAULT (JAN 2006)

7.32 ILLEGAL IMMIGRATION (NOV 2008)

7.33 INDEMNIFICATION - THIRD PARTY CLAIMS - GENERAL (NOV 2011)

7.34 INDEMNIFICATION - THIRD PARTY CLAIMS - DISCLOSURE OF INFORMATION (FEB 2015)

7.35 INDEMNIFICATION - INTELLECTUAL PROPERTY (JAN 2006)

7.36 INFORMATION SECURITY - DEFINITIONS (FEB 2015)

7.37 INFORMATION SECURITY - SAFEGUARDING REQUIREMENTS (FEB 2015)

7.38 INFORMATION SECURITY - LOCATION OF DATA (FEB 2015)

7.39 INFORMATION USE AND DISCLOSURE (FEB 2015)

7.40 INFORMATION USE AND DISCLOSURE - STANDARDS (FEB 2015)

7.41 LICENSES AND PERMITS (JAN 2006)

7.42 OFFSHORE CONTRACTING PROHIBITED (FEB 2015)

7.43 OWNERSHIP OF DATA AND MATERIALS (JAN 2006)

7.44 PRICE ADJUSTMENTS (JAN 2006)

7.45 PRICE ADJUSTMENT - LIMITED -- AFTER INITIAL TERM ONLY (JAN 2006):

7.46 PRICING DATA -- AUDIT -- INSPECTION (JAN 2006)

7.47 RELATIONSHIP OF THE PARTIES (JAN 2006)

7.48 RESTRICTIONS ON PRESENTING TERMS OF USE OR OFFERING ADDITIONAL SERVICES (FEB 2015)

7.49 SERVICE PROVIDER SECURITY REPRESENTATION (FEB 2015)

7.50 SOFTWARE LICENSING AGREEMENTS-SINGLE SOLICITATION (FEB2015)

7.51 TERM OF CONTRACT – EFFECTIVE DATE / INITIAL CONTRACT PERIOD (JAN 2006)

7.52 TERM OF CONTRACT -- OPTION TO RENEW (FEB 2021)

7.53 TERMINATION FOR CONVENIENCE -- INDEFINITE DELIVERY / INDEFINITE QUANTITY CONTRACTS (JAN 2006)

7.54 TERMINATION FOR CONVENIENCE (JAN 2006)

7 MISCELLANEOUS TERMS – C. CONDITIONS/REQUIREMENTS

7.55 HIPAA COMPLIANCE/CONFIDENTIALITY (SCDHHS)

7.55.1 Health Insurance Portability and Accountability Act (HIPAA) Standards Compliance

7.55.2 HIPAA Privacy and Security

7.55.3 HIPAA Business Associate

7.56 SAFEGUARDING INFORMATION (SCDHHS)

7.57 LAWSUIT NOTIFICATION AND COOPERATION (SCDHHS)

7.58 DEBARMENT NON-PROCUREMENT/SCREENING REQUIREMENTS (SCDHHS)

7.59 RESTRICTIONS FOR LOBBYING (SCDHHS)

7.60 SAFETY PRECAUTIONS (SCDHHS)

7.61 USE AND OWNERSHIP OF INFORMATION AND DOCUMENTATION (SCDHHS)

7.61.1 Reproduction of Documentation

7.61.2 Document Inspection and Retention

7.62 OWNERSHIP OF DATA (SCDHHS)

7.63 NO CONTRACTOR UTILIZATION OF WORKERS OUTSIDE OF THE UNITED STATES (SCDHHS)

7.64 APPLICABLE LAWS AND REGULATIONS (SCDHHS)

8 BIDDING SCHEDULE / PRICE PROPOSAL

8.1 PRICE PROPOSAL (JAN 2006)

8.1.1 Price Proposal Instructions

8.1.2 Pricing Table Instructions

8.1.3 Prices and Costs

8.1.4 Pricing Tables

9 ATTACHMENTS TO SOLICITATION

9.1 ATTACHMENTS LIST

9.2 PROCUREMENT LIBRARY LIST

1 SCOPE OF SOLICITATION

1.1 ACQUIRE SERVICES (MODIFIED)

The purpose of this solicitation is to acquire Services complying with the enclosed description and/or specifications and conditions.

It is the intent of the South Carolina Department of Health and Human Services (SCDHHS) to solicit proposals for a BabyNet Integrated Early Intervention Case Management System including services and deliverables to support Case Management, Claiming, remittance, and reporting of the Individuals with Disabilities Education Act (IDEA) Part C program, also known as BabyNet services; interfacing at the data layer with other components of the Medicaid Enterprise and other applications as needed and supporting work.

The primary objective of this Request for Proposal (RFP) is to seek a Software-as-a-Service (SaaS) or Commercial Off the Shelf (COTS) solution and support services for BabyNet, administered by SCDHHS for the State of South Carolina. The solution must be based on configurable parameters and not hard coded or customized solutions, even if the solution is bespoke development.

1.2 MAXIMUM CONTRACT PERIOD – ESTIMATED (MODIFIED)

Start date: 08/15/2023 End date: 08/14/2028 Dates provided are estimates only. Any resulting contract will begin on the date specified in the notice of award. See clause entitled “Term of Contract – Effective Date/Initial Contract Period”.

The contract is for an initial term of three (3) years, with two (2) subsequent one (1) year renewal options. The maximum contract term is five (5) years.

1.3 INTRODUCTION AND PROGRAM BACKGROUND

Governor Nikki Haley signed Executive Order 2016-20, which transferred the BabyNet program from South Carolina First Steps to SCDHHS, effective July 1, 2017. The BabyNet program is sometimes called “Part C” because it is established under Part C of the Individuals with Disabilities Education Act (IDEA). BabyNet provides early intervention services for children with disabilities from birth until their third (3rd) birthday. These services are designed to identify and meet a child’s needs in five (5) developmental areas: physical development, cognitive development, communication development, social or emotional development, and adaptive development. Please note that BabyNet services are not Medicaid services administered by SCDHHS and are operated under a separate statutory scheme from the Social Security Act.

SCDHHS is seeking the services of a company with an established solution to replace the existing solution approach with a Case Management and claiming solution that integrates with SCDHHS benefit eligibility determination, service referral, Claims adjudication, and reporting systems.

1.4 PURPOSE AND GOALS

The purpose of the BabyNet Integrated Early Intervention Case Management System is to implement a Case Management system for early intervention services for children aged birth to three (3) who are diagnosed with developmental delays and/or disabilities. See Section 3.6 SOLUTION REQUIREMENTS for details regarding Case Management.

1.5 CURRENT BABYNET CASE MANAGEMENT SYSTEM

The current IDEA Part C program Case Management system, known as the BabyNet Reporting & Intervention Data Gathering Electronic System (BRIDGES), was implemented in South Carolina in 2013 by South Carolina First Steps, the lead agency https://www.scstatehouse.gov/Archives/ExecutiveOrders/exor2016-20.pdf https://www.scdhhs.gov/resource/babynet for BabyNet prior to the program’s transfer to SCDHHS in 2017. BRIDGES is a web-based, stand-alone system designed to manage child intake and program enrollment, needs assessment and service planning, documentation of service delivery, including the development of the Individualized Family Service Plan (IFSP), payment management, and federal compliance reporting. BRIDGES includes functionality to track payments made to service coordinators and therapy providers, but it does not have the native ability to manage Claim submission, remittance, or payment modifications and corrections necessary to conform to SCDHHS Case Management integration standards.

Figure 1 - BabyNet Case Management System: Current State Architecture

1.6 TARGET BABYNET CASE MANAGEMENT SYSTEM

SCDHHS seeks to improve service delivery timeliness and quality through better alignment of BabyNet operations and technology with those of SCDHHS. This includes program referral and eligibility determination, Claims submission and payment processing, and operational and federal compliance reporting. As part of an effort to ensure timely provision of services, as well as efficient and accurate payment for services, SCDHHS seeks to mandate service, Claims, and payment data into a single Case Management system. SCDHHS plans to use system exclusivity as a means of managing payor source

— prioritizing private insurance over Medicaid, and both private insurance and Medicaid over BabyNet. To make all this possible, SCDHHS is seeking a Case Management solution built on a service-oriented architecture (SOA) that can use both industry standard data exchange — such as EDI x12, FHIR REST APIs or other proprietary file formats to integrate the solution at the data layer with SCDHHS enterprise service bus (ESB) enterprise data warehouse (EDW), collectively these functions make-up an integration platform (IP) and within SCDHHS this IP is referred to as the SCDHHS (MES Core).

Figure 2 - BabyNet Future State

1.7 SCDHHS SYSTEM TECHNOLOGY

Technical Reference Architecture (TRA)

SCDHHS is pursuing a long-term technology strategy to move away from monolithic, mainframe-based technology towards distributed, modular alternatives. This approach distributes certain program functionality, including BabyNet, across independent subsystems (modules), while maintaining centralized control over SCDHHS data. Loose coupling across the enterprise will allow SCDHHS to refactor, re-platform or retire legacy components over time (as SCDHHS replaces legacy functionality), without impacting business operations or other components.

A key part of this modular strategy is technology standards and governance. SCDHHS has established and governs a Technical Reference Architecture (TRA) with which project teams (both internal and vendor) must comply.

Integration Platform (IP)

At the heart of SCDHHS modular technology future is an integration and data services hub which will tie together all systems participating in this modularity approach within the enterprise while providing a single source of truth for all relevant data.

Collectively these central integration and data hubs are collectively referred to as an Integration Platform and in SCDHHS this IP is referred to as the “MES Core”.

Integration Hub

The technology-agnostic integration hub will provide integration services to components (modular solutions/ subsystems), allowing flexibility in modifying a component without affecting the performance of other components. The integration hub will be able to connect with any application developed using industry-standard definitions and conforming to SCDHHS standards specified in the TRA, (see Section 3.18 TECHNICAL REFERENCE ARCHITECTURE, PL 017 SC TRA OVERVIEW, and Section 9.2 PROCUREMENT LIBRARY LIST). The integration hub will be used to establish connectivity between heterogeneous applications and systems.

Enterprise Data Services

The Enterprise Data Services (EDS) framework calls for a consolidated repository of data collected from distributed, participating SCDHHS systems to provide ready access to critical decision-making data elements for operations, data-trading, business process redesign, and analytics activities.

The integration hub will expose the data in the EDS framework to whichever system component or trading partner requires it, according to the data sharing agreements and appropriate use considerations for each entity. Data will flow through the integration and data hub ecosystem by means of a well-defined data management pipeline.

EDS will reduce management and technical stress on subsystems by providing a near real-time consolidated operational view of the pertinent data for SCDHHS operational and program staff. EDS will be used to implement data sharing requirements with component systems.

Contractor adherence to the Technical Reference Architecture

SCDHHS is currently transitioning to the use of the afore mentioned Integration Platform’s integration hub component in a phased manner. At this time, it is not known precisely when the integration services to be supported by this RFP will migrate to the IP. Existing data interfaces will be considered for integration via the IP; however, it may be necessary to continue to use the existing interface solutions, to reduce the project DDI effort and complexity. Over time it is expected the Contractor will migrate all identified data interfaces to use the IP unless there is a solid business or technical reason why this should not occur. During the Contract term, SCDHHS will also be changing, enhancing, and replacing existing subsystems that may require modifications to this solution’s interaction with existing IP data domains.

The Contractor and SCDHHS need to create an Interface Control Document (ICD) for each interface sharing data with systems outside their purview. Data sharing dependencies require all parties maintaining the source and target systems to conduct detailed data design strategies that align with the SCDHHS vision, using the framework above as a guideline, to maintain loosely coupled modules enabling simplified data sharing and future changes.

A portion of this solicitation package, outlined in the Consolidated Deliverables Management List (CDML), is the Contractor’s inclusion of a Systems Engineering Management Plan (SEMP). The SEMP provides an accurate and adequate description of the Offeror solution regarding the technical and system integration processes, methods and artifacts needed to document the system and the operations architecture as well as how the documentation will be maintained for the term of the Contract.

1.8 CASE MANAGEMENT SYSTEM INTEGRATION

SCDHHS has begun a comprehensive, multi-year effort to align its Case Management systems with the core eligibility, Claims submission, payment, status, and resolution functions driven by Cúram and the Medicaid Management Information System (MMIS). The goal is to ensure that all member enrollment and payment processing for any Case Management system are administered by SCDHHS systems of record and not independently through other systems. To ensure adherence to these goals, SCDHHS has established a set of design principles for Service Providers (SPs) to follow when preparing their Case Management systems to integrate with the MES. These principles include:

• Service Authorization – a Case Management system must have the ability to transmit provider, recipient, service type, duration, units, and service delivery authorization data, in the form of prior authorizations as defined by 42 CFR § 414.234, to quality improvement organizations (QIOs) and/or managed care organizations (MCOs) designated by SCDHHS.

• Claim Adjustment – a Case Management system’s financial management module must allow authorized users to void and/or replace Claims that have already been adjudicated and send this updated information to MMIS.

• Enterprise Interaction – any new service types and/or procedure codes associated with a program supported by a Case Management system must be tested against SCDHHS editing rules (e.g., MMIS adjudication) to ensure system-of-record compatibility prior to deployment. New service adjudication and accounts payable logic must conform to existing SCDHHS policy-based configuration in MMIS.

• Reporting – ad-hoc query access and/or receipt of data extracts to facilitate Claims troubleshooting (operations), detection of line-level fraud and abuse (program integrity), utilization consistency and review (policy), pricing of future carve-ins and budget projections (finance), and appropriation requests (executive).

• Auditability – each transaction originating from a Case Management system must include a means of uniquely identifying and tracing that transaction through the entire Case Management and adjudication process, to remittance and reconsideration/appeals.

SP seeking to integrate their Case Management systems with SCDHHS must comply with all design principles above, and demonstrate their compliance, to receive permission from SCDHHS for integration.

2 INSTRUCTIONS TO OFFEROR -- A. GENERAL INSTRUCTIONS

2.1 DEFINITIONS, CAPITALIZATION, AND HEADINGS (DEC 2015)

CLAUSE HEADINGS USED IN THIS SOLICITATION ARE FOR CONVENIENCE ONLY AND SHALL NOT BE USED TO CONSTRUE MEANING OR INTENT. EVEN IF NOT CAPITALIZED, THE FOLLOWING DEFINITIONS ARE APPLICABLE TO ALL PARTS OF THE

SOLICITATION, UNLESS EXPRESSLY PROVIDED OTHERWISE.

AMENDMENT means a document issued to supplement the original solicitation document.

AUTHORITY means the State Fiscal Accountability Authority or its successor in interest.

BUSINESS means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity. [11-35-310(3)]

CHANGE ORDER means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any Contract accomplished by mutual agreement of the parties to the Contract. [11-35- 310(4)]

CONTRACT See clause entitled Contract Documents & Order of Precedence.

CONTRACT MODIFICATION means a written order signed by the Procurement Officer, directing the Contractor to make changes which the clause of the Contract titled "Changes," if included herein, authorizes the Procurement Officer to order without the consent of the Contractor. [11-35-310(9)]

CONTRACTOR means the Offeror receiving an award as a result of this solicitation.

COVER PAGE means the top page of the original solicitation on which the solicitation is identified by number. Offeror are cautioned that Amendments may modify information provided on the Cover Page.

OFFER means the bid or proposal submitted in response this solicitation. The terms Bid and Proposal are used interchangeably with the term Offer.

OFFEROR means the single legal entity submitting the offer. The term Bidder is used interchangeably with the term Offeror.

See bidding provisions entitled Signing Your Offer and Bid/Proposal as Offer to Contract.

PAGE TWO means the second page of the original solicitation, which is labeled Page Two.

PROCUREMENT OFFICER means the person, or his successor, identified as such on either the Cover Page, an amendment, or an award notice.

SOLICITATION means this document, including all its parts, attachments (ATTM), and any Amendments.

STATE means the Using Governmental Unit(s) identified on the Cover Page.

SUBCONTRACTOR means any person or entity You (the Offeror) contract with to perform or provide any part of the Work.

US or WE mean the using governmental unit.

USING GOVERNMENTAL UNIT means the unit(s) of government identified as such on the Cover Page. If the Cover Page identifies the Using Governmental Unit as "Statewide Term Contract," the phrase "Using Governmental Unit" means any South Carolina Public Procurement Unit [11-35-4610(5)] that has submitted a Purchase Order to you pursuant to the Contract resulting from this solicitation. Reference the clauses titled "Purchase Orders" and "Statewide Term Contract."

WORK means all labor, materials, equipment, Services, or property of any type, provided or to be provided by the Contractor to fulfill the Contractor's obligations under the Contract. [02-2A003-3]

YOU and YOUR means Offeror.

2.2 ADDITIONAL DEFINITIONS (SCDHHS)

ACTUAL OPERATIONAL START DATE (AOSD) is the actual date on which SCDHHS determines in its sole but reasonable discretion that the Services are operational substantially as a whole and have begun generating official data of record for all functional areas of Services.

CHANGE means a change(s) to the Work or to the time of performance (i.e., hours of the day, days of the week, etc.), or place of performance of the Work.

CASE MANAGEMENT is a collaborative process of assessment, planning, facilitation, care coordination, evaluation and advocacy for options and services to meet an individual’s and family’s comprehensive needs through communication and available resources to promote safety, quality of care, and cost-effective outcomes.

CLAIM is a bill that service providers submit to a person’s insurance provider. This bill contains unique billing codes detailing the services provided during a patient/client visit.

DEFECT means any aspect of a Deliverable’s performance that does not meet its requirements.

DELIVERABLE(S) means those item(s) identified in the Contract to be delivered by the Contractor to SCDHHS including, without limitation, the Acquired Items, hardware, Services, Software, tangibles, and intangibles required hereunder.

KEY PERSONNEL mean the Account Manager, Implementation Manager, Technical Coordinator, and Operations Manager, required to be identified by name in Contractor’s Offer, any approved successor to such named individuals and any other individual and his/her approved successor designated in Contractor’s Offer as Key Personnel.

MEDICAID ENTERPRISE SYSTEM (MES) means the system (hardware, software, and services) designed to meet the demands of South Carolina’s Medicaid Beneficiaries, stakeholders, and appropriate staff.

MEDICAID ENTERPRISE SYSTEMS Core (MES Core) refers to the Integration Platform (IP) used by SCDHHS MES to ingest and export data between systems, applications, tools and/or reports.

MILESTONE(S) mean significant specific point(s) along a project timeline. These points may signal anchors, a need for external review, or input. In many instances, Milestones do not impact project duration. Instead, they focus on major progress points that must be reached to achieve success.

PAYMENT MILESTONE means a Milestone(s) delivered during Planning and Design of the DDI Phase, as identified as such by the Offeror in their Offer, specifically in Pricing Table A – Planning and Design, in column B Contract Element, Planning and Design, Payment Milestone #.

RECOVERY POINT OBJECTIVE means the amount of data that can be lost within a period most relevant to a business, before significant harm occurs, from the point of a critical event to the most preceding backup.

RECOVERY TIME OBJECTIVE means the maximum tolerable length of time that a computer, system, network, or application can be down after a failure or disaster occurs.

SERVICES mean the Services to be delivered by Contractor pursuant to the Contract Documents.

SERVICE NOTE means the written record of services and supports provided, including documentation of progress toward intended outcomes consistent with the timelines stated in the Individual Family Service Plan (IFSP). In the BabyNet Program, a Service Note/Log can have a one-to-one or many-to-one relationship with a Claim.

SOFTWARE-AS-A-SERVICE (SaaS) means a software delivery model in which software is managed and licensed by its vendor-owner on a pay-for-use or subscription basis, centrally hosted, on-demand, and common to all users.

SUCCESSOR VENDOR is the authority or a replacement contractor who takes over responsibility for all or part of the services upon termination or expiration of the contact awarded as a result of this solicitation.

2.3 AMENDMENTS TO SOLICITATION (JAN 2004)

(a) The Solicitation may be amended at any time prior to opening. All actual and prospective Offeror should monitor the following web site for the issuance of Amendments: www.procurement.sc.gov

(b) Offeror shall acknowledge receipt of any amendment to this solicitation

(1) by signing and returning the amendment,

(2) by identifying the amendment number and date in the space provided for this purpose on Page Two,

(3) by letter, or

(4) by submitting a bid that indicates in some way that the bidder received the amendment.

(c) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged. [02-2A005-1]

2.4 AUTHORIZED AGENT (FEB 2015)

All authority regarding this procurement is vested solely with the responsible Procurement Officer. Unless specifically delegated in writing, the Procurement Officer is the only government official authorized to bind the government regarding this procurement or the resulting Contract. [02-2A007-1]

2.5 AWARD NOTIFICATION (MODIFIED)

Notice regarding any award, cancellation of award, or extension of award will be posted at the location and on the date specified on the Cover Page or, if applicable, any notice of extension of award. Should the contract resulting from this Solicitation have a total or potential value more than one hundred thousand dollars, such notice will be sent electronically to all Offeror responding to the Solicitation and any award will not be effective until the calendar day (including weekends and holidays) immediately following the seventh business day after such notice is given.

2.6 BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004)

By submitting Your Bid or Proposal, you are offering to enter 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]

2.7 BID ACCEPTANCE PERIOD (JAN 2004)

To withdraw Your Offer after the minimum period specified on the Cover Page, you must notify the Procurement Officer in writing. [02-2A020-1]

2.8 BID IN ENGLISH and DOLLARS (JAN 2004)

Offers submitted in response to this solicitation shall be in the English language and in US dollars, unless otherwise permitted by the Solicitation. [02-2A025-1]

2.9 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008)

GIVING FALSE, MISLEADING, OR INCOMPLETE INFORMATION ON THIS CERTIFICATION MAY RENDER YOU SUBJECT TO PROSECUTION UNDER SECTION 16-9-10 OF THE SOUTH CAROLINA CODE OF LAWS AND OTHER APPLICABLE LAWS.

(a) By submitting an offer, the Offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other Offeror or competitor relating to-http://www.scstatehouse.gov/code/t16c009.php

(i) Those prices.

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the Offeror, directly or indirectly, to any other Offeror or competitor before bid opening (in the case of a sealed bid solicitation) or Contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the Offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is a certification by the signatory that the signatory-

(1) Is the person in the Offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this certification; or

(2)(i) Has been authorized, in writing, to act as agent for the Offeror’s principals in certifying that those principals have not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this certification [As used in this subdivision (b)(2)(i), the term "principals" means the person(s) in the Offeror’s organization responsible for determining the prices offered in this bid or proposal].

(ii) As an authorized agent, does certify that the principals referenced in subdivision (b)(2)(i) of this certification have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this certification; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this certification.

(c) If the Offeror deletes or modifies paragraph (a)(2) of this certification, the Offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. [02-2A032-1]

2.10 CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004)

(a) (1) By submitting an Offer, Offeror certifies, to the best of its knowledge and belief, that-

(i) Offeror and/or any of its principals-

(A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of Contracts by any state or federal agency.

(B) Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) Contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and

(C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.

(ii) Offeror has not, within a three-year period preceding this offer, had one or more Contracts terminated for default by any public (Federal, state, or local) entity.

(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a subsidiary, division, or business segment, and similar positions).

(b) Offeror shall provide immediate written notice to the Procurement Officer if, at any time prior to Contract award, Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) If Offeror is unable to certify the representations stated in paragraphs (a)(1), Offer must submit a written explanation regarding its inability to make the certification. The certification will be considered in connection with a review of the Offeror's responsibility. Failure of the Offeror to furnish additional information as requested by the Procurement Officer may render the Offeror non-responsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly or in bad faith rendered an erroneous certification, in addition to other remedies available to the State, the Procurement Officer may terminate the Contract resulting from this solicitation for default. [02-2A035-1]

2.11 CODE OF LAWS AVAILABLE (JAN 2006)

The South Carolina Code of Laws, including the Consolidated Procurement Code, is available at:

http://www.scstatehouse.gov/code/statmast.php The South Carolina Regulations are available at:

http://www.scstatehouse.gov/coderegs/statmast.php [02-2A040-2]

2.12 DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (FEB 2015)

You warrant and represent that your offer identifies and explains any unfair competitive advantage you may have in competing for the proposed Contract and any actual or potential conflicts of interest that may arise from your participation in this competition or your receipt of an award. The two underlying principles are (a) preventing the existence of conflicting roles that might bias a contractor’s judgment, and (b) preventing an unfair competitive advantage. If you have an unfair competitive advantage or a conflict of interest, the state may withhold award. Before withholding award on these grounds, an Offeror will be notified of the concerns and provided a reasonable opportunity to respond. Efforts to avoid or mitigate such concerns, including restrictions on future activities, may be considered. Without limiting the foregoing, you represent that your offer identifies any Services that relate to either this solicitation or the work and that has already been performed by you, a proposed subcontractor, or an affiliated business of either. [02-2A047-2]

2.13 DEADLINE FOR SUBMISSION OF OFFER (JAN 2004)

Any offer received after the Procurement Officer of the governmental body or his designee has declared that the time set for opening has arrived, shall be rejected unless the offer has been delivered to the designated purchasing office or the governmental body's mailroom that services that purchasing office prior to the opening. [R.19-445.2070(G)] [02-2A050-1]

2.14 DRUG FREE WORKPLACE CERTIFICATION (JAN 2004)

By submitting an Offer, Contractor certifies that, if awarded a Contract, Contractor will comply with all applicable provisions of The Drug-free Workplace Act, Title 44, Chapter 107 of the South Carolina Code of Laws, as amended. [02-2A065-1]

2.15 DUTY TO INQUIRE (FEB 2015)

Offeror, by submitting an Offer, represents that it has read and understands the Solicitation and that its Offer is made in compliance with the Solicitation. Offeror are expected to examine the Solicitation thoroughly and should request an explanation of any ambiguities, discrepancies, errors, omissions, or conflicting statements in the Solicitation. Failure to do http://www.scstatehouse.gov/code/statmast.php http://www.scstatehouse.gov/coderegs/statmast.php http://www.scstatehouse.gov/code/t44c107.php so will be at the Offeror's risk. All ambiguities, discrepancies, errors, omissions, or conflicting statements in the Solicitation shall be interpreted to require the better quality or greater quantity of work and/or materials, unless otherwise directed by amendment. Offeror assumes responsibility for any patent ambiguity in the Solicitation that Offeror does not bring to the State's attention. See clause entitled "Questions from Offeror." [02-2A070-2]

2.16 ETHICS CERTIFICATE (MAY 2008)

By submitting an offer, the Offeror certifies that the Offeror has and will comply with, and has not, and will not, induce a person to violate Title 8, Chapter 13 of the South Carolina Code of Laws, as amended (ethics act). The following statutes require special attention: Section 8-13-700, regarding use of official position for financial gain; Section 8-13-705, regarding gifts to influence action of public official; Section 8-13-720, regarding offering money for advice or assistance of public official; Sections 8-13-755 and 8-13-760, regarding restrictions on employment by former public official; Section 8-13-775, prohibiting public official with economic interests from acting on Contracts; Section 8-13-790, regarding recovery of kickbacks; Section 8-13-1150, regarding statements to be filed by consultants; and Section 8-13-1342, regarding restrictions on contributions by Contractor to candidate who participated in awarding of Contract. The state may rescind any Contract and recover all amounts expended as a result of any action taken in violation of this provision. If Contractor participates, directly or indirectly, in the evaluation or award of public Contracts, including without limitation, Change Orders or task orders regarding a public Contract, Contractor shall, if required by law to file such a statement, provide the statement required by Section 8-13-1150 to the Procurement Officer at the same time the law requires the statement to be filed. [02- 2A075-2]

2.17 OMIT TAXES FROM PRICE (JAN 2004)

Do not include any sales or use taxes in Your price that the State may be required to pay. [02-2A080-1]

2.18 OPEN TRADE REPRESENTATION (JUN 2015)

By submitting an Offer, Offeror represents that Offeror is not currently engaged in the boycott of a person or an entity based in or doing business with a jurisdiction with whom South Carolina can enjoy open trade, as defined in SC Code Section 11-35-5300. [02-2A083-1]

2.19 PROTESTS (MAY 2019)

If you are aggrieved in connection with the solicitation or award of the contract, you may be entitled to protest, but only as provided in Section 11-35-4210. To protest a solicitation, you must submit a protest within fifteen days of the date the applicable solicitation document is issued. To protest an award, you must (i) submit notice of your intent to protest within seven business days of the date the award notice is posted, and (ii) submit your actual protest within fifteen days of the date the award notice is posted. Days are calculated as provided in Section 11- 35-310(13). Both protests and notices of intent to protest must be in writing and must be received by the appropriate Chief Procurement Officer within the time provided. See clause entitled “Protest-CPO”. The grounds of the protest and the relief requested must be set forth with enough particularity to give notice of the issues to be decided. [02-2A085-2]

2.20 PROHIBITED COMMUNICATIONS AND DONATIONS (FEB 2015)

Violation of these restrictions may result in disqualification of your offer, suspension, or debarment, and may constitute a violation of law.

(a) During the period between publication of the solicitation and final award, you must not communicate, directly or indirectly, with the Using Governmental Unit or its employees, agents, or officials regarding any aspect of this procurement activity, unless otherwise approved in writing by the Procurement Officer. All communications must be solely with the Procurement Officer. [R. 19-445.2010]

(b) You are advised to familiarize yourself with Regulation 19-445.2165, which restricts donations to a governmental entity with whom you have or seek to have a Contract. You represent that your offer discloses any gifts made, directly or through an intermediary, by you or your named subcontractors to or for the benefit of the Using Governmental Unit during the period beginning eighteen months prior to the Opening Date. [R. 19-445.2165] [02-2A087-1] http://www.scstatehouse.gov/code/t08c013.php http://www.scstatehouse.gov/code/t11c035.php http://www.scstatehouse.gov/code/t11c035.php http://www.scstatehouse.gov/coderegs/Ch%2019.pdf

2.21 PUBLIC OPENING (JAN 2004)

Offers will be publicly opened at the date/time and at the location identified on the Cover Page, or last Amendment, whichever is applicable. [02-2A090-1]

2.22 QUESTIONS FROM OFFEROR (MODIFIED)

(a) Any prospective Offeror desiring an explanation or interpretation of the solicitation,…

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