ESBD_383246_1736354185739_HHS0014578_BMC_RFO.pdf

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Cecile E. Young, Executive Commissioner

Request for Offers (RFO) for

BMC Subscriptions, Maintenance Services and Support for

Health and Human Services Commission and Department of Family and Protective Services

RFO No. HHS0014578

Date of Release: January 8, 2025

Responses Due: See Section 3.1 for Schedule of Events

920-03 * Application Service Provider (ASP), Web Based Hosted 920-05 * Application, Infrastructure, Host/Cloud Computing Services, Vendor & Internally Hosted 920-22 * Data Preparation and Processing Services, Including Bates Coding 920-45 * Software Maintenance and Support Services 920-46 * Software Updating and Upgrading Services 948-43 Health Information Services 958-77 * Project Management Services

Key: (*) Automated Information Systems (AIS)

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Table of Contents Article I. Executive Summary, Definitions, and Authority

1.1 Executive Summary

1.2 Definitions

1.3 Authority

Article II. Scope of Work

2.1 Description of Services

2.1.1 Texas Risk and Authorization Management Plan

2.1.2 Overview

2.1.3 Contract Phases

2.1.4 Invoice Requirements

2.2 Contract Award, Term, and Historical Compensation

2.2.1 Contract Award and Execution

2.2.2 Contract Term

2.2.3 Historical Compensation

2.3 Data Use Agreement and Security Privacy Inquiry

2.4 No Guarantee of Volume, Usage, or Compensation

2.5 Governmental Entities

Article III. Administrative Information

3.1 Schedule of Events

3.2 Ambiguity, Conflict, or Discrepancy

3.3 Inquiries

3.3.1 Sole Point of Contact

3.3.2 Prohibited Communication

3.3.3 Exception to Sole Point of Contact

3.3.4 Solicitation Questions

3.4 Pre-proposal Conference

3.4.1 Attendance

3.4.2 Conference Logistical Information

3.5 Solicitation Response Composition

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3.5.1 General Information

3.5.2 Page Limit and Supporting Documentation

3.5.3 Discrepancies

3.5.4 Exceptions

3.5.5 Assumptions

3.5.6 Binding Offer

3.6 Solicitation Response Submission and Delivery

3.6.1 Deadline

3.6.2 Submission Options

3.6.3 Submission Checklist

3.6.4 Labeling and Delivery for USB Submission and Other Materials

3.6.5 Modifications and Withdrawals

Article IV. Solicitation Response Evaluation and Award Process

4.1 Conformance with State Law

4.2 Best Value Determination

4.2.1 Selection Methodology

4.2.2 Minimum Qualifications

4.2.3 Initial Compliance Screening

4.2.4 Written Solicitation Response Evaluation

4.2.5 Written Response Evaluation Criteria

4.2.6 Best and Final Offer (BAFO)

4.2.7 Final Written Response Score

4.2.8 Summary of Best Value Determination

4.3 Questions or Requests for Clarification

Article V. Narrative/Technical Proposal

5.1 Narrative Proposal

5.1.1 Respondent’s Executive Summary

5.1.2 Project Work Plan

5.1.3 Key Staffing Profile

5.1.4 System Security and Disaster Recovery

5.1.4.1 Disaster Recovery Test

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Article VI. Required Respondent Information

6.1 Company Information

6.1.1 Company Narrative

6.1.2 Company Profile

6.2 Franchise Tax – Right to Transact Business in Texas

6.3 References

6.4 Major Subcontractor Information

6.5 Affirmations and Certifications

6.6 Other Reports

6.6.1 Dun and Bradstreet Reports

6.6.2 Financial Statements and Financial Solvency

6.6.3 Alternate Report

6.7 Corporate Guarantee

6.8 HUB Subcontracting Plan

6.9 TX-RAMP Documentation

Article VII. Cost Proposal

7.1 Cost Proposal

Article VIII. General Terms and Conditions

8.1 General Conditions

8.1.1 Changes, Modifications, and Cancellation

8.1.2 Offer Period

8.1.3 Costs Incurred

8.1.4 Contract Responsibility

8.1.5 Public Information Act - Respondent Requirements Regarding Disclosure

8.1.6 Respondent Waiver – Intellectual Property

8.1.7 Standards of Conduct for Vendors

8.1.8 Disclosure of Interested Parties

8.2 Insurance

8.2.1 Required Coverage

8.2.2 Alternative Insurability

8.3 Protest

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Article IX. List of Exhibits, Forms, and Attachments

The Remainder of This Page Intentionally Left Blank

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ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

The issuing office believes that the requested items in this Request For Offers may be proprietary to one vendor under Texas Government Code §2155.067;

however, the issuing office strongly encourages offers from all qualified respondents that may be able to provide the requested items.

1.1 EXECUTIVE SUMMARY

The Texas Health and Human Services Commission (HHSC) is the State agency that administers and/or provides health and human services in the State of Texas, through the Health and Human Services System (the “HHS System”). As set forth in Texas Government Code, Chapter 531, the HHS System refers to all HHSC offices and divisions and any other governmental entity, including the Texas Department of State Health Services (DSHS), that is under the administrative and operational control of the executive commissioner of HHSC. HHSC, on behalf of itself and any other HHS System identified herein as well as the Texas Department of Family and Protective Services, has prepared this scope of work (SOW) to engage a qualified Respondent to perform the Services described in this SOW.

Health and Human Services Commission (“HHSC”) seeks responses to provide Application, Maintenance and Integration support as well as subscription Services for the HHSC IT Service Management (ITSM) BMC Helix ITSM instance as is currently configured. The current BMC Helix ITSM instance supports: Texas Integrated Eligibility Redesign System (TIERS) Data Center Services and Operations (DCS & O), Health and Human Services, Department of State Health Services and the Texas Department of Family and Protective Services (“DFPS”) which will be a separate agency under this SOW and directly responsible for the cost of the DFPS subscription service.

HHSC PCS will administer the procurement process for this Solicitation, which includes RFO publication, handling of communications from vendors, as well as managing the receipt of Solicitation Responses for review and evaluation.

To be considered for award, a Respondent must execute Exhibit A-- HHS Solicitation Affirmations Version 2.6 and provide all other required information and documentation as set forth in this Solicitation.

Prior to award of the Contract, Respondent must obtain TX-RAMP Level 2 certification. TX- RAMP Provisional Status does not satisfy the TX-RAMP Certification Level 2 requirement. For this Solicitation, HHSC shall not provide “agency-sponsored” TX-RAMP Provisional Status certification to any Respondent.

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1.2 DEFINITIONS

Refer to Exhibit B, Health and Human Services (HHS) Uniform Terms and Conditions (UTC) – Vendor, Version 3.4; and Exhibit C, Health and Human Services (HHS) Additional Provisions, Version 1.0 for additional definitions.

As used in this Solicitation, unless a different definition is specified or the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below:

“Acceptance Criteria” the criteria that must be met by Contractor for a Deliverable to be considered completed under the terms of the Contract and for Contractor to receive payment.

“Addendum” a written clarification or revision to this Solicitation issued by HHSC PCS and posted to the ESBD.

“Advancement Criteria” the published criteria for Respondent to advance to the next phase of evaluation if multiple evaluation methods are utilized.

“Atrium Integrator” or “AI” refers to an integration tool that facilitates the loading of data into the Atrium Configuration Management Database.

“Award Consideration (AC) Documents” documents Respondent must submit as part of the Solicitation Response to be considered for negotiations or award.

“Business Days” HHS Systems standard business hours are Monday through Friday from 8:00 am to 5:00 pm CDT/CST, adhering to a standard 40 hours per week, based on a 52-week calendar year less holidays when all State agencies are closed in accordance with the applicable Texas State Auditor’s Office Fiscal Year Holiday Schedule: https://www.comptroller.texas.gov/about/holidays.php

“Contract Term” the period of time beginning with the commencement date or Effective Date of a Contract and ending when the Contract expires in accordance with its terms, or when it has been terminated.

“DFPS” the Department of Family and Protective Services.

“DSHS” the Department of State Health Services.

“Effective Date” has the same meaning as the definition in Exhibit B, Health and Human Services (HHS) Uniform Terms and Conditions – Vendor, Version 3.4.

“ESBD” the Electronic State Business Daily, the electronic marketplace where State of Texas bid opportunities over $25,000 are posted. The ESBD may currently be accessed at http://www.txsmartbuy.com/esbd.

https://www.comptroller.texas.gov/about/holidays.php https://www.comptroller.texas.gov/about/holidays.php http://www.txsmartbuy.com/esbd

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“Final Written Response Score” refers to the final scoring of the written response as documented in the Solicitation.

“HHSC” the Health and Human Services Commission.

“HHSC PCS” Procurement and Contracting Services (PCS), a division of HHSC.

“HHS System” the HHSC offices and divisions and any other governmental entity, including the Texas Department of State Health Services (DSHS), that is under the administrative and operational control of the executive commissioner of HHSC as well as the Texas Department of Family and Protective Services.

“HHS System Funding Sponsors” the HHSC and DFPS divisions whose budgets pay for the software subscriptions and support services used by HHS.

“HUB” Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code.

“HUB Subcontracting Plan” or “HSP” written documentation regarding the use of subcontractors, which is required to be submitted with all responses to State agency contracts with an expected value of $100,000 or more where the State agency has determined subcontracting opportunities are probable. The HSP subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by the State agency during the term of the Contract.

“People Create” refers to the action of inputting and storing people records, as a new entry, with their details in the application.

“People Maintenance” refers to the support service that involves the adding, editing and removal of People Records, and other processes related to People Records.

“People Records” refers to a structured collection of data within a system that stores information about individual people such as their name, contact details, job title and other relevant personal details.

“Production (Prod)” live environment where applications and services are fully operational and accessible to end users.

“Remedy On Demand (RoD)” refers to BMC’s legacy software Information Technology Service Management solution.

“Respondent” the individual or entity responding to this Solicitation.

“Solicitation” this RFO including all exhibits, attachments, forms, and Addenda, if any.

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“Solicitation Consideration (SC) Documents” documents that must be submitted by Respondent with the Solicitation Response in order to be considered for evaluation and cannot be resubmitted or have errors remedied after the submission due date and time in the Schedule of Events has passed.

“State” the State of Texas and its instrumentalities, including HHSC, DSHS, DFPS, and any other State agency, its officers, employees, or authorized agents.

“TX-RAMP” the Texas Risk and Authorization Plan established by DIR that provides a standardized approach for security assessment, authorization, and continuous monitoring of cloud computing services that process the data of a State agency. To become TX-RAMP certified, entities must submit prescribed documentation to DIR. Information regarding TX-RAMP is currently located at: https://dir.texas.gov/texas-risk-and-authorization-management-program-tx-ramp.

“VPTS” Vendor Performance Tracking System, as defined under Section 2262.055 of the Texas Government Code and Title 34 of the Texas Administrative Code Part 1, Chapter 20, Subchapter B, Division 2, Rule §20.115 and Subchapter F, Division 2, Rule §20.509.

“Work Breakdown Structure (WBS)” Deliverable oriented hierarchical decomposition of the work to be executed by the project team.

1.3 AUTHORITY

HHSC is soliciting the Services stated in this Solicitation under of the authority Texas Government Code § 2157.068(e-4) and 2157.006(a)(2).

https://dir.texas.gov/texas-risk-and-authorization-management-program-tx-ramp https://dir.texas.gov/texas-risk-and-authorization-management-program-tx-ramp https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2262.htm#2262.055 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=115 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=509

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ARTICLE II. SCOPE OF WORK

2.1 DESCRIPTION OF SERVICES

2.1.1 Texas Risk and Authorization Management Plan

Commencing on the Effective Date and during the Contract Term, Contractor must provide Services that comply with TX-RAMP Certification Level 2. Contractor acknowledges that TX- RAMP Provisional Status does not satisfy the TX-RAMP Certification Level 2 requirement.

2.1.2 Overview

HHS has used BMC Remedy on Demand (RoD) as the Information Technology Service Management (ITSM) software solution for the agency. In 2019 BMC released BMC Helix ITSM;

which HHS began using for some applications along with BMC RoD, until 2024 when HHS fully migrated to the BMC Helix ITSM platform from RoD. HHS currently uses BMC Helix ITSM version 23.3 in a multi-tenant configuration to supply a single IT Service Management (ITSM) software solution with various modules for incident, problem, knowledge, asset, and change management functions along with self-service function digital workplace software allowing users to submit request and tickets and virtual agent chat bot users can communicate with leveraging the knowledge base for agencies within HHS as well as DFPS with the ability to grant users fixed licenses and concurrent licenses as needed. To support the ITSM software system HHS is seeking the support services of a Contractor to provide project support, integration services, People Maintenance services, transition and turnover services. The Services and Deliverable detailed in this Solicitation will be provided in compliance with current HHS System standards, guidelines, policies and procedures, under the direction of the HHS designee and maintain continuity.

Contractor will be required to ensure HHS remains on the current/most up to date version of BMC Helix ITSM.

2.1.3 Contract Phases

Contractor shall provide Services, as described in this SOW, within the following three (3) phases:

(1) Transition, (2) Operations, and (3) Turnover.

2.1.3.1 Transition Phase - BMC Helix ITSM/BMC Transition Services

a. Contractor will provide transition services to be completed sixty (60) days after the Contract Effective Date. The current Contractor will work with the HHS System to set up a transition plan in order to assist in the transfer of data prior to the termination of this Contract. The transition plan will be required to be updated annually and maintained by Contractor and approved by the HHS System. Contractor shall be responsible for invoicing HHS for Deliverable upon completion of the specified agreed-upon Deliverable.

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b. Review existing HHS, HHSC, DSHS, DFPS and TIERS BMC Helix ITSM support policies and procedures in order to implement existing HHS, HHSC, DSHS, DFPS and TIERS BMC Helix ITSM configurations, integrations, customizations and service requests (Exhibit N – BMC Helix ITSM/BMC Current Service Requests, Customization, and Integrations), as needed and applicable.

c. Obtain and confirm access to HHS, HHSC, DSHS, DFPS, and TIERS BMC Helix, as applicable to the following:

1. HHS Identity and Access Management (IAM) Online - BMC Helix ITSM approver and provisioner;

2. BMC Helix - Administrative access, notice mailbox;

3. BMC Helix Digital Workplace Advanced (with Digital Workplace Studio -Named Users and Self-Registered User) and BMC Helix Virtual Agent -Named Users for Dev, QA, and production environments, as applicable/equivalent; and

4. BMC Helix ITSM Dev, QA, and production environments

d. Adapt the People Create and Modify Atrium Integrator (AI) jobs with the HHS CAPPS HCM integration for People Maintenance processes.

People Create jobs are processes that will add new individuals in the Helix ITSM platform based on HHS CAPPS HCM data.

Atrium Integrator is an integration engine that helps you transfer data from external datastores to Configuration Management Database classes and Action Request (AR) System forms.

e. Provide HHS System the ability to test data received, existing workflows and modify as needed as well as a validation period where HHS System will ensure successful replication of data (reporting, workflows, change control, customer information).

f. Provide written confirmation of readiness to begin operational support and provide subscription services to HHS and DFPS by or before the end of the sixty (60) day transition phase being completed.

g. Provide/participate in project startup meeting in collaboration with HHS System in order for the project team to discuss common goals/purpose, schedule/milestones and Deliverables of the transition phase.

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2.1.3.2 Operations Phase

Contractor shall meet or exceed the BMC Subscription requirements as specified below:

a. BMC Helix ITSM Product Subscriptions

1. Contractor will be required to secure a contractual agreement in the form of a Master Subscription Service Agreement and Order with BMC.

2. Contractor will provide BMC Helix Product Subscriptions, with the ability to scale up/down as needed and user projections are based on an average over an agreed upon timeframe (e.g., quarter, semi-annual etc.).

i. HHS BMC Helix Digital Workplace Advanced (Public Sector) with Digital Workplace Studio - Named Users, including Virtual Agent (approximately 25,000 named users per month).

ii. BMC Helix Digital Workplace Advanced (Public Sector) (Self-Registered User) (approximately 2,000 users per month).

b. BMC Helix ITSM (FedRAMP) Suite User Named License/Suite Concurrent User License

Suite user named licenses are used for users that are regular users of BMC Helix ITSM Federal Risk and Authorization Management Program (FedRAMP) and thus need regular and frequent access to the software that complies with federal cloud computing products and services. BMC Helix ITSM FedRAMP software is designed to comply with United States federal agency-specific processes for assessing and authorizing federal cloud computing products and services.

Suite concurrent user licenses are made available for users that infrequently access/utilize the software and need access to BMC Helix ITSM (FedRAMP) on an as needed basis. HHS will need a total of 160 BMC Helix ITSM (FedRAMP) suite user licenses per named user per month and 1,790 BMC Helix ITSM (FedRAMP) suite concurrent user licenses per concurrent user per month, with the ability to convert named user suite user licenses to suite concurrent user licenses as needed with the following breakdown:

HHSC will need up to 120 suite user-named user licenses and 1,400 suite concurrent user licenses, with the ability to scale up or down as needed based on quarterly reviews.

TIERS will need up to 40 suite user-named user licenses and 140 suite concurrent user licenses, with the ability to scale up or down as needed based on quarterly reviews.

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DFPS does not currently utilize suite user-named licenses. DFPS will need up to 250 suite concurrent user licenses with the ability to scale up or down as needed based on quarterly reviews.

Conversion ratio shall be one suite user named license or less per two and a half suite concurrent user license. The HHS System will need the ability to scale up or scale down suite user named licenses and suite concurrent user licenses, as needed. Suite user named licenses are used for users that are regular users of BMC Helix ITSM (FedRAMP) and thus need regular and frequent access to the software. Suite concurrent user licenses are made available for users that infrequently access/utilize the software and need access to BMC Helix ITSM (FedRAMP) on an as needed basis.

c. Support Services

Project, People Maintenance Support and/or integration support hours will approximately be 1,706, with the ability to scale up or down as needed, with the following breakdown:

1. 1, 404 annually for HHS Project, Maintenance and/or Integration Support Hours.

2. 50 hours in project support for DFPS

3. 252 hours in project support annually for TIERS DCS & O (See Exhibit J –

Cost Workbook).

BMC Helix ITSM/BMC People Maintenance Support. People Maintenance involves the adding, editing and removal of people records and other support services related to people records (See Exhibit O, People Maintenance Support).

1. Maintain the BMC Helix ITSM DEV, QA and Production instance for sole use by Contractor.

2. Provide BMC Helix ITSM software user service subscriptions allowing for access to and use of BMC Helix ITSM subscription services to the BMC Helix ITSM QA and Production environments which include the following BMC Helix ITSM components:

i. Incident Management

ii. Work Order Management

iii. Change Management

iv. Problem Management

v. Asset/Configuration Management

vi. Contract Management

vii. Reporting tool (Smart Reporting/BMC Helix Dashboards)

viii. Smart IT (Mobile Devices)

ix. Knowledge Management

x. Services Request Management

xi. Service Level Management

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3. Provide Levels 2, and 3 BMC Helix ITSM end user support services, including upgrades and maintenance (See Exhibit Q, BMC Helix ITSM Roles and Responsibilities).

i. Level 2 support is an intermediate level of technical support and receives escalated issues from lower tiered support such as software bugs and will escalate to Level 3 support if issues cannot be resolved at Level 2 support levels.

ii. Level 3 support involves support solving complex problems relating to computer hardware or software and provide solutions based on their technical knowledge, research and troubleshooting skills.

iii. Support People Maintenance/people record activities within BMC Helix ITSM in accordance with procedure documentation to be provided upon Contract Award (See Exhibit O -- People Maintenance Support).

iv. Daily Employee People Maintenance

v. Monthly People Review

vi. Daily Proposed People Maintenance

vii. Monthly Read Access and Deleted People Maintenance

viii. Monitor and support the following agencies within current instance:

ix. TX: HHSC: Texas Health and Human Services Commission

x. TX: DSHS: Texas Department of State Health Services

xi. TX: HHS: Texas Health and Human Services Enterprise

xii. TX: DADS: Department of Disability Services: Exist for support groups

xiii. TX: DFPS: Texas Department of Family and Protective Services

xiv. TX: DFPS: No Access

xv. TX: HHSC Texas Integrated Eligibility Redesign System (TIERS)

xvi. Support customizations and service requests as exist within the current HHS BMC Helix ITSM instance as outlined in Exhibit N—BMC Helix ITSM/BMC Current Service Requests, Customizations, and Integrations.

xvii. Contractor would need to create a new instance at BMC, if deemed necessary. An instance in this case is a single copy of the software running on a single physical or virtual server.

xviii. Contractor would be responsible for establishing an instance, if deemed necessary.

xix. Contractor would be responsible for converting the existing information within the current service provider’s existing instance to the new instance, if deemed necessary.

Contractor will provide the following Services to manage and support the migration of existing BMC Helix ITSM DEV, QA, and Production BMC Helix ITSM instance data and customizations to a new instance upon Contract Award and will manage and support the new instance thereafter. The HHS System will need consistent synching between the DEV, QA and Production at all times, with the ability to add additional environments (e.g. Testing) and have access to all environments, as needed.

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Development (DEV) — Environment for implementing and testing system changes.

Provides visibility to new releases. The Development environment is fully accessible by customers and their authorized representatives. Due to frequent changes within this environment, it is not actively monitored by BMC’s monitoring solutions.

Quality Assurance (QA) — Staging environment for implementing and testing system changes as a part of the change promotion process. This environment is directly managed by the BMC OnDemand Operations team to ensure a stable, monitored, and change-controlled environment.

Production (BMC HELIX ITSM) — Environment for HHS System Authorized Users to access the system on a regular operational basis. This environment is directly managed by the BMC OnDemand Operations team and monitored with BMC tools to ensure commitment to BMC’s service availability levels.

d. BMC Helix ITSM/BMC Project Support

1. Conduct a project start up meeting to introduce the team and confirm the objectives, timeline, and approach two weeks after Contract execution.

2. Submit and manage BMC Helix ITSM issues to BMC as needed.

3. Administer BMC Helix ITSM change control by reviewing and analyzing BMC

Helix ITSM change requests, in accordance with HHS’s change management processes.

4. Deliver a BMC Helix ITSM Monthly Status Report containing:

i. BMC Helix ITSM license allocation;

ii. BMC Helix ITSM support requests;

iii. BMC Helix ITSM reported issues;

iv. BMC Helix ITSM availability; and

v. BMC Helix ITSM change requests.

5. Discuss the communication plan and agreed upon language to ensure succinct and orderly communication between the involved parties.

6. Perform overall project management and resource planning to meet agreed upon timeframes and expectations, with dedicated resources for meetings and technical development, as needed.

7. Perform change control processes to minimize impact of the changes.

8. Conduct weekly meetings with Contractor and HHS System to review service delivery and discuss the previous period’s activity and any upcoming HHS System business changes that may impact BMC Helix ITSM.

9. Agreed upon detailed reporting and any ad hoc requests provided as requested.

10. Agreed upon weekly (or other frequency) touchpoints/meetings with Contractor and HHS System.

11. Perform support of the creation of new customizations, and/or service requests identified in the SOW for the period of contract. For HHS, DFPS and TIERS (See Exhibit J – Cost Workbook).

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e. BMC Helix ITSM/BMC Integration Support Hours

1. Support integrations that exist within the current HHS BMC Helix ITSM instance as outlined in Exhibit N—BMC Helix ITSM/BMC Current Service Requests, Customizations, and Integrations.

2. Contractor will be responsible for re-configuring all third-party integrations (Refer to Exhibit N – BMC Helix ITSM/BMC Current Service Requests, Customization, and Integrations) to point to the new instance for People Maintenance, if deemed necessary. HHS expects to be able to have a limit of 100 number of catalog items. Any updates to the system based on the new contract will include up to 200 number catalog items as well as any associated customizations.

3. Support in connecting/creating new integrations with BMC Helix ITSM.

2.1.3.3 Turnover Phase

2.1.3.3.1 Turnover

Turnover begins six (6) months prior to the end of the Contract Term or as requested by HHS System. Turnover includes the administrative and Operations activities performed by Contractor to transfer the system to either HHS System or an HHS System successor service provider to ensure that the State does not experience any adverse impact during Turnover.

2.1.3.3.2 Turnover Services

Contractor shall provide Turnover Services to turnover BMC Helix ITSM to HHSC or HHSC’s designated successor service Provider six (6) months prior to the end of the Contract Term or as requested by HHSC.

2.1.3.3.3 Turnover Requirements

Contractor shall meet or exceed the requirements as specified below:

a. Review and transition existing HHS, HHSC, DSHS, DFPS and TIERS BMC Helix configurations, integrations, customizations, Service requests, and HHS BMC Helix ITSM support policies and procedures, as applicable.

b. Modify/terminate access to HHS, HHSC, DSHS, DFPS and TIERS:

1. HHS IAM Online - BMC Helix ITSM approver and provisioner.

2. HHS BMC Helix - Administrative access, notice mailbox.

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3. BMC Helix Digital Workplace Advanced (with Digital Workplace Studio- Named Users and Self-Registered User) and BMC Helix Virtual Agent-Named Users for Dev, QA and production environments, as applicable/equivalent.

4. BMC Helix ITSM Dev, QA and production environments.

c. Transition People Create and Modify Atrium Integrator (AI) jobs with the HHS CAPPS HCM integration for People Maintenance processes.

d. Provide written confirmation of turnover of operational support and provide subscription services.

e. Provide HHS System the ability to test data received, existing workflows and modify as needed as well as a validation period where HHS System will ensure successful replication of data (reporting, workflows, change control, customer information).

f. Project Turnover Meeting.

2.1.3.3.4 Roles and Responsibilities

a. HHS Responsibilities:

1. Support transition of existing HHS BMC Helix ITSM DEV, QA, and Production instances from Contractor, as needed.

2. Provide copies of technical manuals, as needed, such as new user training videos/instruction and how to videos/instructions for requesting access to BMC Helix

ITSM.

3. Ensure HHS System employees, Contractor, and agents will:

i. Cooperate with any reasonable request of Contractor.

ii. Provide input throughout the SOW period of performance which encompasses the Contract Term and review progress at review meetings requested by Contractor.

iii. Provide Contractor with access to all of HHS System’s and DFPS information, documentation and technology necessary for Contractor to perform the Services.

4. Complete daily potential termination files and return to Contractor daily.

5. Ensure Contractor Staff are given access to all necessary systems, facilities and workspace, and are provided all furniture, supplies and equipment (telephones, faxes, local-area networks (LAN) connectivity, printer access, dial-out modem lines, Version 2.10 Revision Date 09/12/2023 RFO No. HHS0014578 Page 18 of 58 passwords, keys, etc.) required to successfully perform, troubleshoot, and complete the Services for the duration of the Services.

6. Acquire write access to the System Agency Data, all the permissions involved, clarify with Contractor the length of time we have access to System Agency Data (retention period)as well as any and all historical System Agency Data; HHS System will want to test System Agency Data received, existing workflows; modify as needed.

b. Contractor Responsibilities

1. Conduct criminal background checks on all Contractor employees who will be performing work under the contract/agreement and find suitable staff replacements should Contractor employee fail a background check.

2. Comply with all applicable HHS Systems policies, practices, standards and agreements.

3. Comply with all State and HHS Systems Auditing Requirements, including the auditing of Contractor work.

4. Ensure all non-HHS System software used by Contractor in the provision of Services to the HHS System is properly licensed.

5. Follow all applicable HHS System Change Control processes and procedures.

6. Immediately report all security incidents directly to the HHS Systems. A security incident is an event which results in the accidental or deliberate unauthorized access, loss, disclosure, modification, disruption, or destruction of information or information resources. A security incident is a Reportable Event that meets one or more of the following criteria:

i. The unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in any information system processing information. It also means the loss of data through theft or device misplacement, loss or misplacement of hardcopy documents and misrouting of mail, all of which may have the potential to put data at risk of unauthorized access, use, disclosure, modification, or destruction.

ii. An occurrence that actually jeopardizes the confidentiality, integrity, or availability of an information system or the information the system processes, stores, or transmits.

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iii. A violation or imminent threat of violation of computer security policies, acceptable use policies, or standard security practices.

7. Use HHS System information only for the purpose of the terms of the Contract.

8. Provide the technical advisement, labor, materials, project management, and/or tools to perform the Services and provide the product and/or Deliverable as described.

9. Provide Contractor a Point of Contact (POC) for day-to-day liaison and management of tasks with HHS System to HHS System. Changes to the Contractor HHS POC may be done by email notification to HHS System.

10. Provide the HHS Contract Manager or designee a list of all Contractor employees who will be performing work under the Contract. Contractor Employee list must be updated or amended within 24 hours of any change.

11. Return or destroy all HHS System Information Resources and provide written assurance of that destruction upon termination of the agreement or at the request of the HHS System.

12. Specify in writing the information resources to which Contractor requires access, with reasonable notice given to the HHS System to respond.

13. Comply with and provide HHS System access to their data (any and all historical data) based on HHS System retention guidelines.

2.1.3.3.5 Change Management Procedures

a. The HHS System’s Change Management Procedure will be used when there are changes to the SOW.

b. All proposed changes must be coordinated within the agency responsible and must be deployed in conjunction with ongoing application development and maintenance activities with the goal of reducing impact to HHS System and Resources.

c. In the event there is a reason to change the project SOW, the HHS System will initiate the change request.

d. The change request must provide information regarding the change comparable to the detail originally included in the SOW documentation.

e. The HHS System and Contractor will endeavor to agree upon appropriate and mutually agreeable changes in cost, schedule or other terms associated with the change request.

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f. While such changes are under review, Contractor must continue to perform under the SOW so long as such continued performance does not cause Contractor to incur a material cost or other undue hardship in relation to the change request.

g. A decision to discontinue performance due to a change request must be made only by mutual written agreement of both parties.

h. No change request will be implemented unless set forth in writing, approved and signed by an authorized representative of each party.

i. Contractor must act in good faith with regard to price and schedule terms if required for any proposed change.

2.1.3.3.6 Relevant Quantity Processes

a. Contractor is responsible for management of quality processes and software industry best practices to ensure successful completion of technology assessment and planning Deliverable.

b. HHS System may query Contractor at any time to make sure that the processes that are geared for quality and repeatability and do not expose the Deliverable to any unacceptable risk level.

c. Contractor will submit Deliverable to the HHS Contract Manager or designee - who, with collaboration of the assigned HHS System team members, will test and evaluate the overall quality, technical accuracy, business criteria, and completeness of the Deliverable – as applicable.

d. Any required changes will be provided in writing for Contractor modification.

e. If disagreement exists regarding scope and quality of Deliverable, the HHS System Funding Sponsors will meet with Contractor and relevant HHS System Stakeholders to review the issues and determine a course of action.

2.1.3.3.7 Deliverable Process

A Deliverable is those products and Services outlined in the SOW and can be products, Services, and/or milestones) must be provided on or before agreed upon dates, between Contractor and HHS System. Any changes to dates after the delivery date must have prior approval in writing by the HHS Contract Manager or Designate. Deliverable must be submitted in a format approved by the HHS Contract Manager or Designate. Updates to the BMC Helix ITSM platform will be documented within BMC Helix ITSM.

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If a Deliverable cannot be provided within the scheduled time frame, Contractor is required to contact the HHS Contract Manager or Designate in writing with a reason for the delay and the proposed revised schedule. The request for a revised schedule must include the impact on related tasks and the overall project.

A request for a revised schedule must be reviewed and approved by the HHS Contract Manager or Designate before placed in effect. Contract Terms and Conditions may dictate remedies, costs, and other actions based on the facts related to the request for a revised schedule.

HHS System will complete a review of each submitted Deliverable within three working days for the date of receipt.

2.1.3.3.8 Deliverable Requirements and Acceptance

a. Contractor and the HHS Contract Managers or designees must review and agree to and approve estimates, schedules, and features before billable maintenance, support, or work begins.

b. Work products, Services, and/or milestones (“Deliverable”) must be provided on the dates as mutually agreed-upon by HHS System and Contractor. Any changes to delivery dates must have prior agreement in writing by the HHS Contract Managers or designees.

c. Contractor will complete and submit Deliverable according to the Project Work Plans developed during the Contract Term.

d. Deliverable will be submitted in agreed-upon formats, respective of the nature of said Deliverable.

e. Deliverable must have previously agreed-upon acceptance criteria and deadlines established for HHS System User testing or acceptance, as applicable.

f. If HHS System feedback indicates that revisions to a Deliverable are required, this will be addressed collaboratively on a weekly cadence, and Contractor may be asked to provide new estimates. Changes to the product Deliverable roadmap and schedule will also be collaborative.

g. Upon receipt of Deliverable, HHS System will have a mutually agreed timeframe for review and will provide Contractor with written notice of acceptance or non-acceptance of said Deliverable.

h. In the case of non-acceptance, Contractor will have a mutually agreed timeframe to resubmit the corrected Deliverable for HHS System User testing and reconsideration of acceptance.

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i. Non-delivery or non-acceptance of Deliverable may result in non-payment or delayed payment until Contractor has remedied the situation according to the original terms of the Project Work Plan and resulting contract.

2.1.3.3.9 Project Work Plan and Work Breakdown Structure

a. Contractor and HHS System will work to create estimated milestone dates (“The Project Work Plan”) that contains a proposed deliverable framework. The Work Breakdown Structure (WBS) provides additional detail and is more than just tasks/milestones and durations. WBS is divided into smaller, more manageable tasks that are hierarchically arranged. Those smaller tasks are needed in order to complete the larger/high level task/milestone. WBS will be an agreed upon Deliverable in collaboration between Contractor and HHS System.

b. The Project Work Plan will be composed of the identifiable Deliverable with adequate timeframes to allow the HHS System and Contractor to manage their resources to a reasonable distribution of effort.

c. The HHS System’s expectation is the Project Work Plan will be collaboratively developed with key HHS System Program and IT Section stakeholders, as applicable.

d. The established milestones and WBS will be used as framework for status/issue tracking of Deliverable. This list is representative of major sub-categories and is not a complete list of all activities required to meet a specified Deliverable.

e. Work estimates should all include time, cost, and resources. Deliverable should be referenced back to the established milestones and WBS on all invoices for payment.

f. HHS System shall:

i. inspect and evaluate at the time of receipt all goods or Services that the HHS System receives to determine whether the goods or services comply with the contract under which they were purchased; and

ii. certify, if true, that the goods or Services comply with Contract requirements and that the invoice for them is correct.

Accordingly, a Deliverable is not considered “complete” by HHS System unless HHS System has reviewed and accepted the Deliverable as provided herein. HHSC shall accrue no obligation for payment for any Deliverable provided hereunder unless HHS System has determined, at its sole discretion, that such Deliverable conform to the requirements of the Agency Contract. Contractor shall be responsible for invoicing HHS System for Deliverable upon completion of the specified agreed-upon Deliverable.

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2.1.3.3.10 Reports and Meetings

a. Project Startup Meeting

A kickoff meeting will be held at a location and time selected by the HHS System where Contractor and staff will be introduced to the HHS Systems Stakeholders. The HHS System will host this initial meeting as soon as possible after Contract Award.

b. Weekly Meetings

Contractor will hold weekly status meetings with the HHS Contract Manager or designee.

1. The meetings will be held on a mutually agreed-upon day of each week throughout the life of the engagement, unless revised by the HHS Contract Manager or designee.

2. The meetings may be in person or over the phone at the discretion of HHS, to review and discuss the status and progress of the Project Work Plans.

c. Monthly Status Meetings

A monthly meeting will be scheduled on an agreed upon calendar day or first (1st) business day of the month to review Monthly Status Report and any other items as agreed upon between HHS System and Contractor.

d. Ad Hoc Meetings

Ad hoc meetings may be called by the HHS Contract Manager / Designate or Contractor as needed, to support work performed under this contract.

1. These meetings will be scheduled at least three (3) Business Days in advance, except in the case of emergencies.

2. Contractor will participate in the preparation of an agenda and the generation of meeting notes.

3. The meeting notes may be combined with their monthly status report defined in the Monthly Status Reports section.

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2.1.3.3.11 Monthly Status Reports

Contractor will prepare a monthly status report, due electronically no later than the fifth business day following the end of the preceding month using template provided by HHS (See Exhibit P – BMC Helix ITSM /BMC Monthly Status Report). The Monthly Status Reports will contain by program (HHSC, TIERS and DFPS):

a. BMC Helix ITSM license allocation;

b. BMC Helix ITSM reported issues;

c. BMC Helix ITSM availability; and

d. BMC Helix ITSM change requests.

2.1.3.3.12 Performance Requirements

a. Contractor Personnel Requirements

1. Contractor represents that it will use adequate numbers of qualified individuals with suitable training, education, experience, and skill to execute this agreement.

Particularly, dedicated program manager and dedicated developer on this project as agreed upon.

2. Contractor verifies that all HHS System Data they will have access to will be safeguarded, and their staff will individually sign and abide by the applicable HHS Systems Confidentiality and Non-Disclosure Agreements.

a. Use of Sub-contractors

1. Subcontractors providing Services under the Contract must meet the same requirements and level of experience as required of Contractor.

2. No subcontract under the contract will relieve Contractor of the responsibility for ensuring the requested Services are provided.

3. Contractor planning to subcontract all or a portion of the work to be performed must identify all proposed subcontractors.

c. Service Level Agreements

The HHS System will monitor the performance of the Contract ("Performance Monitoring”) issued under this SOW based on monthly service period. Contractor will be required to meet Service Level Objectives (SLO) as described in Exhibit R - Service Level Objectives.

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d. Liquidated Damages

For the performance objective (s) for which liquidated damages are stated, the Parties agree that Contractor’s failure to meet the related standard(s) will cause HHS System to sustain actual damages in an amount that is difficult to quantify. The Parties further agree that any liquidated damages included in this SOW are intended to be compensatory and not punitive and are a reasonable estimate of the actual damages sustained by the HHS System. The assessment of liquidated damages is at HHS System’s discretion. Written notification of failure to meet a performance standard or requirement hereunder may be given by the HHS System at any time a failure has occurred. Contractor may not be liable for liquidated damages which result from events that are directly caused by the failure of the HHS System or a third party not under Contractor’s control to perform any required activity. HHS System may offset any liquidated damages assessed hereunder against any payment(s) due to Contractor. If sufficient payments or escrow funds are not available to offset such liquidated damages, then Contractor shall pay to the HHS System any remaining liquidated damages within fifteen (15) calendar days following receipt of written notice of the amount due as outlined in Exhibit T- Liquidated Damages. In addition to assessing liquidated damages, HHS System may exercise any other rights and remedies available hereunder with respect to Contractor’s failure to adhere to its contractual obligations, including without limitation termination of the Contract for cause.

e. Liability

Notwithstanding any provision of this Contract to the contrary, Contractor shall be liable for the full amount of direct damages arising from: i) any breach of Contractor’s obligations hereunder, or ii) the negligent acts and/or willful misconduct of Contractor’s employees, agents, representatives, and subcontractors.

f. Response to Service Level Requirements

Part of the evaluation of responses to this solicitation will be based on the Respondent’s willingness to accept greater responsibility for producing discrete, measurable results, and its confidence in its ability to perform. The Respondent’s responsiveness to these considerations will be measured, in part, by the Respondent’s proposal of more compensatory levels of liquidated damages, and its willingness to accept financial responsibility for damages the HHS System may incur as a result of the Respondent’s failure to perform its responsibilities in an acceptable manner.

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g. Period of Performance

1. Timeline: The execution of this SOW will begin on the Contract Effective Date for the BMC Helix ITSM Transition Services and transition phase will expire on August 31, 2025.

2. Modification of Timeline: A modification of the timeline proposed in this SOW for the effort will be generated during the transition phase of the engagement. Delays on the HHS System side and national holidays may affect the calendar duration of the engagement. Any delays that impact Contractor’s resources ability to be fully utilized will be subject to the HHS System change control process.

3. Work Hours: HHS Systems standard business hours are Monday through Friday from 8:00 am to 5:00 pm CDT/CST, adhering to a standard 40 hours per week, based on a 52-week calendar year less holidays when all State agencies are closed in accordance with the applicable Texas State Auditor’s Office Fiscal Year Holiday Schedule:

https://www.comptroller.texas.gov/about/holidays.php.

2.1.4 Invoice Requirements

Each invoice submitted shall identify the purchase order number, the Contract number, and the time period (i.e., year) and line-item description for each Deliverable. All invoices will include a description of Services and Deliverables and all fee(s), costs, expenses, and other charges claimed with respect to such Services and Deliverables.