ESBD_524143_1780607735319_Exhibit N, Key Performance Measures and Liquidated Damages .pdf

RFO No. HHS0017000 Exhibit N

Exhibit N, Key Performance Measures and

Liquidated Damages

Maven Registries Maintenance and Operations (M & O) Key Performance Measures and

Liquidated Damages

The Contractor must achieve the following Key Performance Measures (KPMs). For purposes of these KPMs, all measurement periods shall be monthly unless otherwise specified. Additionally, when a Liquidated Damage refers to a percentage point or portion thereof, the "portion thereof" means that a total percentage point deviation is not required to assess the Liquidated Damage. For example, if the standard is 99% and the results achieved are 98.6%, the Liquidated Damage that may be assessed is based on 1.0% point. If the results are 97.9%, the Liquidated Damage that may be assessed is based on 2.0% points.

KPM

ID

Exhibit, Section, and Deliverabl e ID

Description

Liquidated Damage Application Criteria

Frequency

KPM-01 Exhibit L, DEL-01

Contractor must submit the draft Transition Project Work Plan no later than seven (7) Calendar Days after Contract Effective Date.

Each day beyond seven

(7) Calendar Days from Contract Effective Date

Each Business Day beyond the due date.

$100 per Business Day.

KPM-02 Exhibit L, DEL-02

Contractor must submit the final Transition Project Work Plan no later than thirty (30) Business Days after Contract Effective Date.

Each day beyond thirty

(30) Business Day from Contract Effective Date

Each Business Day beyond the due date.

$100 per Business Day.

KPM-03 Deliverable Due Dates

Contractor must meet due dates as agreed by the Parties for all Deliverables. This includes all Deliverables listed and described in Exhibit L, Deliverables.

Contractor fails to meet the specified due dates for any of the Deliverables.

Each Business Day beyond the due date.

$200 per Business Day, not to exceed $4,000 in each month.

Exhibit, Section, and Deliverable

KPM-04 Exhibit L, DEL-04

Contractor must submit the Change Management Plan (CMP) within five (5) Business Days after the Contract Effective Date or the effective date of any amendments initiated under Section 2.1.5.5 (Supplemental Services).

Each day starting the 6th Business Day after the Contract Effective Date or upon Contract Amendment Date.

Per Instance $100 per Business Day.

KPM-05 Exhibit L, DEL-04

Contractor must begin work within five (5) Business Days after the Contract Effective Date (or any amendments executed), for Supplemental Services.

Each day starting the 6th Business Day after the Contract Effective Date or upon Contract Amendment Date.

Per instance $100 per Business Day, not to exceed $2,000 in a given month.

KPM-06 REQ ID

SPS-01

High Level Estimate (HLE) requests must be delivered to DSHS in the approved format within the timeframe required by DSHS and in accordance with the Change Management Plan.

Each Business Date beyond the due date.

Per Instance $100 per Business Day, not to exceed $2,000 in a given month or the costs incurred by DSHS, whichever is greater.

Exhibit, Section, and Deliverabl e ID

KPM-07 Exhibit L, DEL-09

Contractor must correct UAT environment defects (Defect severity will be agreed to mutually by both Parties).

Response steps necessary to satisfy this KPM are defined in Exhibit M, Health Registries Process Guide.

The response times are as follows:

a. Severity 1 - Critical (S1) – Contractor must respond to Severity 1 UAT defects within one (1) Business Day after defect is opened;

b. Severity 2 - Major (S2) – Contractor must respond to Severity 2 UAT defects within three (3) Business Days after defect is opened;

c. Severity 3 - Medium (S3) – Contractor must respond to Severity 3 UAT defects within eight (8) Business Days after defect is opened; and

d. Severity 4 - Minor (S4) – Contractor must respond to Severity 4 UAT defects within 30-Business Days after production defect is opened or at a later date as agreed by DSHS.

Prior to promoting UAT build to production all Severity level 1 and Severity level 2 defects must be addressed.

Note: KPM will only apply if the issue is Maven related and part of the original requirement or specification and is a core or overlay defect in Maven.

Per Instance Liquidated Damages per UAT defect based on severity are:

a. Severity 1 - $500 per clock hour beyond one (1) Business Day;

b. Severity 2 - $250 per Business Day beyond three

(3) Business Days;

c. Severity 3 - $250 per Business Day beyond eight

(8) Business Days;

and

d. Severity 4 -$50 per Business Day beyond 30-Business Days.

Exhibit, Section, and

KPM-08 Exhibit L, DEL-10

Contractor must prepare and submit a Turnover Plan on the date agreed, but not fewer than nine (9) months prior to the start of the final Contract year.

Each Business Day beyond the due date.

Per Instance m. $1,000 per Business Day past the due date the Plan is not submitted.

KPM-09 Exhibit L, DEL-15

Contractor must provide DSHS a notification of any application security exploits within one (1) Calendar Day of the discovery, followed by a corrective action report provided on a date agreed upon by the Parties detailing all mitigation steps taken.

Each Business Day after discovery of exploit.

Per Instance $1,000 per Calendar Day or the costs incurred by DSHS, whichever is greater.

KPM-10 Exhibit L, DEL-16

Contractor shall complete the analysis and triage of assigned Maven registry Help Desk Tickets (RHDTs) within twelve (12) hours.

Each instance not being completed within the specified time.

Per Instance. $50 per Help Desk Ticket failing to meet the KPM.

KPM-11 REQ ID

MOS-12

Contractor must correct production defects and data fixes according to the following resolution times:

a. Severity 1 - Critical (S1) – Contractor must respond to Severity 1 production defects within the period prescribed in applicable Metal service plans after which Contractor shall resolve the defect

Each instance of a production defect not completed within the clock hour of Calendar Day resolution time.

The date and time that DSHS receives the defect resolution (typically a new build).

The date and time should correspond with the date and time the Jira defect is

Liquidated Damages per production defect based on severity are:

a. Severity 1:

$500 per clock hour beyond the period prescribed in the

Exhibit, Section, and

KPM-11

continued

REQ ID

MOS-12

by the deadline mutually agreed in writing at the time of the defect analysis.

b. Severity 2 - Major (S2) – Contractor must respond to Severity 2 production defects within the period prescribed in applicable Metal service plans after which Contractor shall resolve the defect by the deadline mutually agreed in writing at the time of the defect analysis.

c. Severity 3 - Medium (S3) – Contractor must respond to Severity 3 production defects within the period prescribed in applicable Metal service plans after which Contractor shall resolve the defect by the deadline mutually agreed in writing at the time of defect analysis.

d. Severity 4 - Minor (S4) – Contractor must respond to Severity 4 production defects within the period prescribed in applicable Metal service plans after which the Contractor shall resolve the defect by the deadline mutually agreed in writing at the time of the defect analysis.

e. Severity 5 - Trivial (S5) – Contractor must resolve Severity 5 production defects set to Ready for

UAT.

applicable Metal service plans;

b. Severity 2:

$500 per Calendar Day beyond the period prescribed in the applicable Metal service plans;

c. Severity 3:

$500 per Calendar Day beyond the period prescribed in the applicable Metal service plans;

d. Severity 4:

$100 per Calendar Day beyond the period prescribed in the applicable Metal service plans; and

Exhibit, Section, and

KPM-11

continued

REQ ID

MOS-12

within the period prescribed in applicable Metal service plans after the production defect is opened or later as agreed by

DSHS.

e. Severity 5:

$100 per Calendar Day beyond the period prescribed in the applicable Metal service plans.