RFP 0311-J.pdf

RFP 0311-J, Page 1 of 28 Wyoming Department of Workforce Services, Workers’ Compensation Division

STATE OF WYOMING

DEPARTMENT OF ADMINISTRATION & INFORMATION

GENERAL SERVICES DIVISION, PROCUREMENT SECTION

2323 CAREY AVENUE

CHEYENNE, WY 82002

REQUEST FOR PROPOSAL NUMBER 0311-J

WYOMING DEPARTMENT OF WORKFORCE SERVICES (DWS)

WORKERS’ COMPENSATION DIVISION

WORKERS’ COMPENSATION

SOFTWARE AS A SERVICE SOLUTION

PROPOSAL DUE DATE AND TIME

SEPTEMBER 4, 2024 – 2:00:00 P.M. MOUNTAIN TIME

AGENCY REPRESENTATIVE:

ASHLEY MOORE

PROCUREMENT REPRESENTATIVE:

JAMIE RAFF

Jamie.raff1@wyo.gov 307-777-6721

RFP 0311-J, Page 2 of 28

SECTION 1: REQUEST FOR PROPOSAL

SECTION 2: GENERAL PROVISIONS

SECTION 3: SPECIAL PROVISIONS INFORMATION

SECTION 4: KEY DATES

SECTION 5: ADMINISTRATIVE BACKGROUND

SECTION 6: REQUIREMENTS/SPECIFICATIONS

SECTION 7: PROPOSAL SUBMISSION REQUIREMENTS

SECTION 8: EVALUATION METHODOLOGY

SECTION 9: PROPOSAL PRICE SHEET AND SIGNATURE PAGE

RFP 0311-J, Page 3 of 28

SECTION 1: REQUEST FOR PROPOSAL

1. SUBMISSION OF PROPOSALS:

The A&I Procurement Office will receive proposals for a Workers’ Compensation Software as a Service Solution (SaaS) for the State of Wyoming, Department of Workforce Services through the Public Purchase online bidding system. Proposals are due no later than 2:00:00 P.M. (Mountain Time) on September 4, 2024.

The technical and cost proposals should be uploaded as separate documents and identified as such.

1.1. Proposals should be accompanied by the attached Proposal Price Sheet and signed by the proper official of the firm. All proposals should be uploaded on the Public Purchase online bidding system. Proposals sent by facsimile, email, or paper copy may be rejected.

1.2. Proposals should be submitted through the Public Purchase online bidding system on or before the date and time specified. Proposals received after the date and time specified may be rejected.

1.3. The State of Wyoming reserves the right to withdraw this Request for Proposal, without cause, at any time before a contract has been fully signed and submitted to the A&I Procurement Office.

2. MODIFICATIONS OR WITHDRAWAL OF PROPOSALS:

2.1. A proposal may be altered through the Public Purchase online bidding system before the proposal due date and time contained in this document.

2.2. The proposer may withdraw its proposal through the Public Purchase online bidding system up to the proposal due date and time contained in this document. If a proposal is accepted and the proposer fails to furnish the service agreed upon in the proposal, that proposer may be eliminated from future consideration.

3. PREPARATION OF PROPOSALS:

3.1. A proposal may be rejected if it modifies any of the provisions, specifications or minimum requirements of the Request for Proposal.

3.2. In case of an error in the extension of prices in the proposal, unit prices will govern.

4. AWARD AND CONTRACT INFORMATION:

4.1. The State of Wyoming will ensure that minority business enterprises will be afforded full opportunity to submit proposals. The State of Wyoming will not discriminate on the grounds of age, race, color, sex, creed, national origin, or disability status.

4.2. The proposer also agrees that should their firm be awarded a contract, it will not discriminate against any person who performs work there under because of age, race, color, sex, creed, national origin or disability. In addition, the successful proposer shall comply with the Americans with Disability Act and the Wyoming Fair Employment Practices Act.

4.3. The proposer expressly warrants to the State that it has the ability and expertise to perform the contract if awarded. In doing so, it shall use the highest standards of professional workmanship.

4.4. The State of Wyoming reserves the right to reject any or all proposals, to waive any informality or technical defect in the proposals, or to award the contract in whole or in part, if deemed to be in the best interest of the State to do so. The A&I Procurement Office will award the contract to the firm determined to have the most responsive and responsible proposal by the Department of Workforce Services.

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4.5. The successful proposer will be required to agree to and execute a formal contract with the State containing terms required by the Attorney General with reasonable adjustments acceptable to the State.

4.6. If applicable, the State will negotiate payment terms based upon a schedule to be determined by the proposer and the State. Paying invoices will be based upon the proposer completing the deliverables within the stated deadlines and upon the Agency’s written acceptance of the deliverables or services.

DATED: May 29, 2024

State of Wyoming Procurement Section Buyer: Jamie Raff

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SECTION 2: GENERAL PROVISIONS

1. INSURANCE:

1.1. The contract between the successful proposer and the State shall require the successful proposer to carry certain insurance policies. All such insurance policies, except workers’ compensation and unemployment compensation policies, shall contain a waiver of subrogation against the Agency and the State, its agents and employees.

1.2. The contract between the successful proposer and the State shall require cyber liability insurance which shall be sufficiently broad to cover all duties and obligations undertaken by the successful proposer and shall include, but not limited to, claims involving infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or description of electronic information, release of private information, alteration of electronic information, extortion and network security, with minimum limits as follows:

1.2.1. $2,000,000.00 each occurrence; and

1.2.2. $2,000,000.00 general aggregate.

1.2.3. Coverage should include breach response, regulatory fines and penalties, and credit monitoring expenses, with limits sufficient to respond to these obligations. Higher limits may be required when the contract involves large amounts of protected information or is high risk.

2. LAWS TO BE OBSERVED:

2.1. The proposer shall keep fully informed of, and comply with, all applicable federal and state laws or rules, all local bylaws, regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority. The proposer shall protect and indemnify the State and its representatives against any claim or liability arising from or based on the violation of any law, bylaw, ordinance, regulation, order or decree, whether by himself or its employees.

3. ASSIGNMENT:

3.1. The proposal shall not be assigned by the proposer. Third-party participation is authorized only as a joint venture, which shall be clearly stated in detail in the original proposal and signed by all participating parties.

3.2. The proposer shall not enter into any subcontracts for any of the work contemplated under this Request for Proposal without the State’s prior written authorization.

4. EXTENSION AND AMENDMENT:

4.1. The proposer and the State covenant and agree that this proposal or subsequent contract may, with the mutual approval of the proposer and the State, be extended two years at a time, for a total contract period not to exceed three (3) years.

5. AUDIT AND ACCESS TO RECORDS:

5.1. The State or any of its duly authorized representatives shall have access to the proposer’s books, documents, papers, electronic data and records that are directly pertinent to this Request for Proposal.

6. CONFLICT OF INTEREST:

6.1. The proposer warrants that no kickbacks, gratuities, or contingency fees have been paid in connection with this Request for Proposal and none have been promised. The proposer warrants

RFP 0311-J, Page 6 of 28 that no one being paid pursuant to the proposal is engaged in any activity that would constitute a conflict of interest with respect to the purchases of the proposal.

7. NO FINDER’S FEE:

7.1. The proposer warrants that no finder’s fee, employment agency fee, or any such fee related to the proposal shall be paid.

8. SOVEREIGN IMMUNITY:

8.1. Pursuant to Wyoming Statute § 1-39-104(a), the State of Wyoming and the Agency expressly reserve sovereign immunity and specifically retain all immunities and defenses available to them as sovereigns. The proposer acknowledges that the State of Wyoming has sovereign immunity and only the Wyoming Legislature has the power to waive sovereign immunity. Designation of venue, choice of law, enforcement actions, and similar provisions shall not be construed as a waiver of sovereign immunity. The parties agree that any ambiguity in this Request for Proposal shall not be strictly construed, either against or for either party, except that any ambiguity as to sovereign immunity shall be construed in favor of sovereign immunity.

9. INDEMNIFICATION:

9.1. The proposer shall release, indemnify, and hold harmless the State, the Agency and its officers, agents, and employees from any and all claims, suits, liabilities, court awards, damages, costs, attorneys’ fees, and expenses arising out of the proposer’s failure to perform any of the proposer’s duties and obligations hereunder or in connection with the negligent performance of proposer’s duties and obligations, including, but not limited to, any claims, suits, liabilities, court awards, damages, costs, attorneys’ fees, and expenses arising out of proposer’s negligence or other tortious conduct.

10. APPLICABLE LAW/VENUE:

10.1. The construction, interpretation, and enforcement of this Request for Proposal shall be governed by the laws of the State of Wyoming, without regard to conflicts of law principles. The terms “hereof,” “hereunder,” “herein,” and words of similar import, are intended to refer to this Request for Proposal as a whole and not to any particular provision or part.

11. RIGHT OF OWNERSHIP AND MARKETING OF INTELLECTUAL PROPERTY

AND INTELLECTUAL ASSETS SUBMITTED FOR THE RFP (IF APPLICABLE):

11.1. It is acknowledged and agreed that the only party with a right to market, trademark, patent, copyright, or any like right to any intellectual property or intellectual assets submitted in relation to the Request for Proposal shall be and is solely vested in the State. This includes all intellectual property and intellectual assets related to both the written proposal and the oral presentation and any and all documents, pitches, products, media pitches, web screens, layouts, etc. produced for the written proposal and the oral presentation, and any updates, changes, alterations, or modifications to or derivative works.

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SECTION 3: SPECIAL PROVISIONS INFORMATION

PROPOSALS SHOULD BE SUBMITTED THROUGH THE PUBLIC PURCHASE ONLINE BIDDING

SYSTEM BY 2:00:00 P.M. MOUNTAIN TIME ON SEPTEMBER 4, 2024. PROPOSALS RECEIVED

AFTER THE DATE AND TIME SPECIFIED MAY BE REJECTED.

It is the responsibility of the proposer to clearly identify all information that is considered confidential in accordance with the Wyoming Public Records Act, Wyoming Statute §16-4-201 through §16-4-205. Please identify each confidential page with the word “CONFIDENTIAL” in capital, bold letters centered at the bottom of each page. Information not clearly marked may be considered public. If the proposer submits information that it believes is confidential, it should include a statement justifying its basis for that belief.

1. STATE PARTIES:

1.1. This Request for Proposal is issued by the Wyoming Department of Administration and

Information, General Services Division, Procurement Section (Procurement) on behalf of the Department of Workforce Services.

1.2. Throughout this document and others in connection with this project, various references are made, or will be made to the “State.” Generally, whenever this reference appears, the term “State” incorporates all state agencies working on this project.

1.3. It should be understood that the Director of the Department of Workforce Services is empowered to be the signatory on all contracts, agreements, or modifications pertaining to this project. Any contracts, agreements, or modifications not bearing this signature or that of a designee are invalid.

2. CONTENT AND PROCUREMENT POINTS OF CONTACT:

2.1. Procurement is the primary point of contact from the date of release of the Request for Proposal until a proposer is selected and the selection is announced.

2.2. Written questions about the procurement should be submitted through the Public Purchase online bidding system until 2:00:00 P.M. Mountain Time on July 25, 2024. Any questions received after that deadline may not be accepted or considered. Each question should be submitted individually.

It is the proposer’s responsibility to check the Public Purchase online bidding system for answers to questions, addenda, or bid tabulations. Telephone calls, emails or faxes may not be accepted.

2.3. Written responses will be available through the Public Purchase online bidding system. Responses will not identify the firm that submitted the question. Only the written answers issued by the Agency are the office position on an issue, and these answers shall become part of the Request for Proposal.

3. RESTRICTIONS ON COMMUNICATIONS WITH AGENCY STAFF:

3.1. Until a proposer is selected and the selection is announced, proposers shall not communicate with

Agency staff except via written questions through the Public Purchase online bidding system.

3.2. If a proposer violates this restriction, the State reserves the right to reject the proposal.

4. EFFECTIVE DATES OF PROPOSAL:

4.1. All terms, conditions and costs quoted in the proposer’s response will be binding on the proposer for one-hundred eighty (180) days from the effective date of the proposal.

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5. ADVERTISING AWARD CONDITIONS:

5.1. A fully executed contract should be completed with the State before the successful proposer may advertise the award of the contract or the services being performed. The proposer should agree not to refer to awards in commercial advertising in such a manner that states or implies that the firm or its services are endorsed or preferred by the State of Wyoming.

6. CONTRACT NEGOTIATIONS:

6.1. The State will notify the most qualified/successful proposer and negotiate a contract in accordance with the Wyoming Attorney General’s contract guidelines. The successful proposer will be required to enter into and sign a formal contract with the Agency.

6.2. In the event the Agency determines contract negotiations are making no forward progress, negotiations will be terminated, and at the State’s sole discretion, negotiations may be initiated with the next most qualified/successful proposer, or the RFP may be withdrawn or reissued. This process will be followed until an agreement is reached, or until the State determines that the RFP will be withdrawn or reissued. The State assumes no obligation to a selected proposer until an agreement is reached and a contract is fully executed. The State will not negotiate concurrently with more than one proposer for the same award.

7. BEGINNING WORK:

7.1. The successful proposer may not perform any work that could be billed until a contract has been executed. The State will not pay for any work by the proposer before a contract is executed.

8. COPYRIGHT INFRINGEMENT:

8.1. The proposer warrants that no materials, products, and services proposed will infringe upon or violate any patent, copyright, trade secret, or other proprietary right of any third party. In the event of a claim by any third party against the State, the State shall promptly notify the proposer, and the proposer shall defend the claim. The defense will be at the proposer’s expense.

9. COST OF PREPARING PROPOSALS:

9.1. All costs incurred for preparing the proposal and for other procurement related activities are solely the proposer’s responsibility. The State of Wyoming will not provide reimbursement of these costs.

10. RISKS AND LIABILITIES:

10.1. By submitting a proposal, a proposer assumes any and all risks and liability associated with the information in the proposal and its release.

11. AMENDMENTS:

11.1. The State reserves the right to amend this Request for Proposal before the proposal submission date. Amendments shall be uploaded to the Public Purchase online bidding system.

It is the proposer’s responsibility to check the Public Purchase online bidding system for amendments.

12. PROPERTY DAMAGE AND LIABILITY INSURANCE:

12.1. The proposer may be required to furnish proof of property damage liability insurance in the amount deemed necessary by the Agency for this project, if applicable.

12.2. Questions regarding required insurance coverage and limits for this project should be submitted in writing, in accordance with instructions outlined in the special provisions.

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13. MISREPRESENTATION OF INFORMATION:

13.1. Misrepresentation of a proposer’s status, experience, or capability in the proposal may result in disqualification of that proposer from the selection process. Discovery of litigation or investigations in a similar area of endeavor may, at the discretion of the Agency and after consultation with Procurement, preclude the proposer from the selection process.

14. DISPOSITION OF PROPOSALS:

14.1. All material submitted becomes property of the State of Wyoming, which is under no obligation to return any of the material submitted.

15. LEGAL CONSIDERATIONS:

15.1. This Request for Proposal is issued under Wyoming Statute §9-2-3204.

16. PROPOSER RELATIONS WITH STATE:

16.1. The proposer and its staff will have an ongoing relationship with the State that is based on trust, confidentiality, objectivity and integrity. The proposer will operate at all times in the State’s best interests and in a straightforward, trustworthy and professional manner. The proposer shall:

16.1.1. Work cooperatively with the State’s staff and business partners whenever required.

16.1.2. Work cooperatively with the staff of other proposers whenever required.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.

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SECTION 4: KEY DATES

Event Description Date Time (Mountain Time)

RFP Release Date May 30, 2024

Closing Date for Questions July 25, 2024 2:00 P.M.

Response to Questions Returned July 31, 2024 2:00 P.M.

Pre-Proposal Conference (MANDATORY) July 15, 2024 10:00 A.M.. Mountain Time

RFP Submission Due Date September 4, 2024 2:00:00 P.M.

Oral Presentations/Interviews October 1, 2024 N/A

Tentative Award Date November 1, 2024 N/A

Tentative Work Begins Date January 1, 2025, or as soon thereafter a contract is executed

N/A

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SECTION 5: ADMINISTRATIVE BACKGROUND

1. INTRODUCTION AND BACKGROUND:

1.1. The State of Wyoming DWS statutorily provides Workers’ Compensation insurance (monopolistic state fund) for Employers and Employees for over 100 years. We migrated from a mainframe solution in 2012 to an on-premise solution and recently migrated to a cloud-hosted solution with MS Azure in 2021. As the technology needs have increased, we realize the cost to host our environment internally has doubled since going live. Also, the cost associated with numerous vendors, contractors, and applications that we call ancillary systems has skyrocketed. The man-hours required to manage numerous contracts, license agreements, and multiple vendors is why we are searching for a proper SaaS solution.

1.1.1. We realize there may not be a vendor with a complete SaaS solution that is fully integrated with/without your partners or vendors. Please detail the areas of the scope of work that cannot be solved. It is important to note that a partial solution does not automatically disqualify the proposer from this bid. A partial solution could state that the technology exists but the payment and the license agreement are out of scope for the proposer. We are looking for the most complete solution that streamlines the entire SaaS solution.

2. PURPOSE AND INTENT:

2.1. The purpose of this Request for Proposal (RFP) is to solicit competitive proposals from proposers who can offer a complete SaaS solution for the State of Wyoming Workers’ Compensation Division to meet the Agency’s needs and expectations, as described within this RFP.

3. STAKEHOLDERS

3.1. The stakeholders are injured workers, medical providers, employers, and most importantly, division staff, who will benefit from a complete solution utilizing the latest technology trends.

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SECTION 6: REQUIREMENTS/SPECIFICATIONS

1. SCOPE OF PROJECT:

1.1. The State of Wyoming, Department of Workforce Services (DWS) is looking for a complete

“Software as a Service” solution for our Workers' Compensation Division. The State of Wyoming is a monopolistic State, and by Statute, requires all Employers conducting work in Wyoming or hiring Wyoming residents to register for Workers' Compensation coverage. Wyoming requires one solution that will allow the processing of claims, policies, and medical payments. Our objective is to have one vendor with a single point of contact to manage and leverage their partners and vendors to deliver a complete solution.

2. GENERAL REQUIREMENTS:

2.1. CLAIMS:

2.1.1. Online First Notice of Loss via an online portal and accessible via mobile device and personal computer. Assignment of a claim number should be instant but background approvals and duplication checks must be in the workflow.

2.1.2. Ability to run claimants through application to verify name, SSN, birthdate, address, etc.

2.1.3. Claims Management functionality.

2.1.4. Nurse Case Management functionality - ODG API call for disability guidelines/score and treatment guidelines.

2.1.5. Ability to issue preauthorization for medical procedures.

2.1.6. Issuance of Claimant Indemnity and reimbursement payments via Debit Card, EFT and check with interface to the State Auditor’s Office.

2.1.7. Interface and/or provide data to the Department of Family Services, Department of Health, Wyoming Unemployment Insurance (WYUI), and Centers for Medicaid and Medicare Services for shared customer information and required reporting.

2.1.8. Claims reserving solution or interface with third-party reserving solution.

2.2. CLAIMS MEDICAL/BILLING:

2.2.1. Online Health Care Provider registration or automatic registration from an interface with Third Party Pharmacy and Medical Bill review.

2.2.2. Third Party Pharmacy and Bill review which includes interface/API into the solution and final payment approval.

2.2.3. Ability to apply the state's medical fee schedule and apply downloads from Optum, Wolters Kluwer, etc.

2.3. POLICY:

2.3.1. Employer online registration, online wage reporting or upload of wage reports, and online payment capability.

2.3.2. Ability to issue automatic refunds with corresponding statement.

2.3.3. Ability to calculate Experience Modification Rating (EMR) to determine premium and recalculate premium if the rate is modified.

2.3.4. Ability to flag discrepancies between wage report and industrial classification.

2.3.5. Capability to process Extra-territorial Coverage and Proof of Coverage.

2.3.6. Issuance of Certificates of Good Standing with interface to Unemployment Insurance.

2.3.7. Actuary reporting.

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2.3.8. Interface with Unemployment Insurance for Joint Employer registrations.

2.3.9. Capability to detect and collect Claims Cost Liability from non-registered Employers.

2.3.10. Capability to file and apply Liens and collect Bonds from Employers.

2.3.11. Risk Management, Safety and OSHA functionality, which includes discounts for Policy premiums.

2.4. COMMON:

2.4.1. Portal for all customers (claimants, employers, providers, and attorneys).

2.4.2. Fully paperless solution with the ability to link incoming documents to a claim or employer and with the ability to post all correspondence from the agency to a portal for all customers to view.

2.4.3. Digital signature.

2.4.4. Claimant, employer, provider and attorney access to pertinent information in the Portal based on security role.

2.4.5. The application must be able to create, edit, remove, and access a predefined library of form letters.

2.4.6. Staff and Public access should have one link to the site for all aspects of the solution. Users should have access based on their role.

2.4.7. The solution must use the latest security protocols for password expiration and account management. DWS staff, Provider, Claimant, and Employer accounts should have a workflow for approval by DWS staff.

2.4.8. No offshore hosting or support.

2.4.9. Chat and text capability.

2.4.10. Business Intelligence reporting, ad-hoc and static.

2.4.11. Clean data migration.

2.4.12. Automated testing.

2.4.13. External links to common websites used by staff in the management of claims and policies.

3. SYSTEM AND WYOMING INFORMATIONAL TECHNOLOGY STANDARDS:

The services, work products, and final deliverables provided by the proposer shall be in compliance with the State Statutes, CIO Promulgated Rules, State IT policies and standards, and the Agency standards for required system hardware, software, and development components when completed and accepted by the Agency.

3.1. State of Wyoming Electronic Transactions: Visit https://rules.wyo.gov/Search.aspx and search Electronic Transactions. Click on the Enterprise Technology Services drop down arrow, then the Director’s Office drop down arrow. Chapters 4, 5, and 7.

3.2. State of Wyoming IT Policies and Standards: https://ets.wyo.gov/resources/policies-standards

3.3. Agency Standards: DWS Data Policy

3.4. Statutory Mandates: Wyoming Statute §27-14-101 through 27-14-806.

4. TECHNOLOGY AND SPECIFICATIONS:

Examples may include, but are not limited to: proposed technology (hardware/software), in-house development vs. Custom Off the Shelf (COTS), program language, web development, ADA https://rules.wyo.gov/Search.aspx https://ets.wyo.gov/resources/policies-standards https://docs.google.com/document/d/12Vq3gaFf0RYRfwDEj3lyMXyRmYj-Dbvb2ZlpERF_esg/edit

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Compliance, interfaces/integration, maintenance/support, reliability, performance measures, disaster recovery, security, help desk support, central services, network, telecommunications, etc.

5. HOSTING:

The proposer should provide multiple layers of external and internal security that provides administrative, physical, and technical means to protect sensitive or confidential information used in performing the responsibilities and duties set forth in this RFP.

5.1. Physical Location: primary and failover facility(ies) must be in the continental United States.

5.2. Facility access and security/integrity: Define or attach the data center policy for access to the physical site.

5.3. Staffing Security: the proposer must maintain policies and procedures for security clearance and staffing controls, allowing proposer personnel access to agency-owned data.

5.4. Security and Environmental Controls: The proposer shall maintain proper power and cooling, including redundant power and cooling, to safeguard all hardware, software, and State owned data.

The secure perimeter of defense includes, but is not limited to, the use of technical barriers, physical barriers, and administrative safeguards, etc.

5.5. Technical Support/Staffing: The proposer shall maintain adequate technical supporting/staffing to provide 24x7x365 hosting services within the continental United States.

5.6. Architectural Design: Please provide a brief overview of the proposed architecture.

5.7. Secure Server(s): Server(s) is protected from intrusion through the use of physical barriers, technical barriers and administrative barriers, etc.

5.8. Secure Network: Network is secured through the use of multiple redundant firewalls, anti-virus software, data encryption for files transferred to and from external users, etc. Data encryption shall meet the Federal Information Processing Standard (FIPS) 140-3.

5.9. Secure Application: Access to the proposer system is granted through the use of a unique user identifier and user profile, combined with a strong password. Any transaction or change to data is traced and audited, down to the user ID level.

5.10. Security Awareness: Security policies and procedures are maintained for each location or account. Proposer routinely reviews logs of system activity for suspicious activity. If applicable, the proposer shall provide HIPPA privacy and security training to all new hires and subcontractors.

5.11. Data Storage: The proposer ensures sufficient storage to operate and support the proposed solution.

5.12. Denial of Service (DOS) Attack: The proposer should provide examples of policy, procedures and safeguards employed to respond and/or recover from a denial of services.

Proposals should also include metric Recovery time objective (RTO), etc.

5.13. Internet Congestion: The proposer will provide sufficient bandwidth and redundancy to access the proposed solution functionality.

5.14. Hosting Reports: Historical uptime and availability from the hosting site or data center for the past year.

5.15. Backup/Archive Routine: The proposer should be able to demonstrate at a minimum requirement for archiving data on a daily, weekly, monthly, and yearly basis. We require a minimum transaction log backup at 15-minute intervals. We are required to save all data permanently.

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5.16. Disaster Recovery Plan (DRP): A copy of the hosting DRP and Continuity of Operations Plan (COOP). Proposer shall have a disaster recovery facility in the continental United States and provide documented policies and procedures to implement a recovery. If a complete failure occurs, the proposed solution shall be available within twenty-four (24) hours. Annual testing shall be conducted to ensure a smooth transition should the plan need to be activated. The proposer shall provide a copy of the annual test results to the Agency within thirty (30) days of the disaster recovery demonstration.

5.17. Restoration Priority: Enumerate the prioritized order of restoration for your proposed solution-hosted services.

5.18. Data Security: Proposer shall maintain policies and procedures to maintain and support the security of confidential information. Data breach notification procedures and plans are maintained and shall at a minimum, comply with Wyoming Statute §40-12-505 and the DWS Data Policy

5.18.1. If applicable, data breach notification procedures and plans shall also comply with CFR 45 parts 160 and 164 (HIPPA/HITECH).

5.19. Data Breach – Venue of Law: If the proposer’s solution were to be selected, provide a discussion on what state law would have jurisdiction in regards to data security breach notification.

5.20. Certification and Audits: Provide a discussion on certification/audits, as applicable to these RFP requirements, the proposer may have achieved (i.e. SAS 70 Audit, HIPPA, SOX, GLB, etc.)

5.20.1. Provide a copy of these certifications/audits, including the dates these were conducted.

5.21. Website Archiving: Provide a brief description of the proposer’s website archiving practices and how their practices will meet the requirements of the Wyoming Public Records Act (Wyoming Statute §16-4-201 through 16-4-205).

5.22. System Availability: The system should be available 24/7. Any maintenance outages will be coordinated in advance with the agency-designated personnel.

6. RISK MANAGEMENT:

6.1. The proposer shall provide a description of how they will conduct risk management planning, identification, analysis, responses, and monitoring and controlling the risks throughout the life cycle of the project.

7. RESOURCE RESPONSIBILITIES:

7.1. Project Manager: The proposer should designate a project manager to represent and oversee the project. This individual will serve as the focal and contact point for all proposer business matters relating to the project. An individual resume, a list of their qualifications, years of experience, current work assignments, and office location should be included. Confirm the project manager will:

7.1.1. Be the single point of contact for the duration of the engagement.

7.1.2. Be responsible for the timely completion of all phases of the project.

7.1.3. Be responsible for meeting all contractual requirements for the duration of the project.

7.1.4. Attend status, quality review, and acceptance meetings as required and present status and progress reports on the project.

7.1.5. Remain assigned to the project through completion of the project as determined by the Agency.

7.1.6. Identify project responsibilities and job functions.

https://docs.google.com/document/d/12Vq3gaFf0RYRfwDEj3lyMXyRmYj-Dbvb2ZlpERF_esg/edit.

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7.2. Other Key Personnel: The proposer should provide a list of all key personnel to be assigned to any part of the project and the duration of time they will serve on the project. The following should be considered:

7.2.1. Project Management Team.

7.2.2. Information Technology Implementation subject matter expert, including cloud infrastructure expertise.

7.2.3. Change Management Experience

7.2.4. Subject Matter/Industry Expertise

7.2.5. Experience on Government Projects

7.2.6. Quality Assurance for Government Projects

7.3. Subcontractors will report to and be responsible to the proposer

7.3.1. The proposer shall provide a description of work to be subcontracted to third parties.

7.3.2. Certify any supporting contractor who may assist the primary contractor and meet the minimum proposer qualifications.

7.3.3. A description of the nature and duration of the previous relationship of all subcontractors and/or third parties with the prime contractor.

7.3.4. Explanation of any existing contractual relationship between the prime and subcontractors, or among subcontractors.

7.4. Resource Management and Staffing Plan: the proposal should contain the proposer’s staffing plan in response to the requirements set forth in the RFP. At a minimum, the staffing plan should address the following:

7.4.1. Identify how long the current team to be assigned to the project has been together

7.4.2. Describe the proposer’s transition plan, and how the firm plans to deal with the possible sudden departure of key personnel within the team

7.4.3. Staffing Levels (estimated by staff disciplines by month for the duration of the project).

7.4.4. Break out of staff disciplines (including title and job responsibility)

7.4.5. Detail differentiated by staff (proposer, subcontractor, etc.)

7.4.6. Personnel whose names and resumes are submitted in the proposal shall not be removed from this project without prior approval of the Agency. Substitute or additional personnel shall not be used for the project until a resume is received and approved by the Agency.

7.4.7. The agency shall have the right to request the removal of any proposer staff member from all work on this project, and the proposer will comply with any such request immediately.

7.4.7.1. The replacement for any staff member who is removed from or leaves the project for any reason should match or exceed the replaced staff member in terms of skill level and experience. Such replacements are subject to the Agency's approval at the time of assignment and again 90 days later.

8. REPORTING:

8.1. Weekly progress or status reports, to include, but not limited to, milestones and deliverables, risks and mitigation strategies, cost projects, metrics, etc.

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9. TRAINING AND KNOWLEDGE TRANSFER PLAN:

9.1. Provide details on how you will transfer the knowledge to Agency personnel and training and ongoing training after go live.

9.1.1. Details may include: in-person, online, train-the-trainer, internal Agency users, external users, system administrators, training plan, knowledge transfer plan (to include exit strategy).

10. OPERATIONAL READINESS AND OPERABILITY TESTING:

10.1. The proposer will be asked to perform operational readiness and operability testing and training.

10.1.1. At a minimum, the application(s) and interfaces should allow staff to perform claims, policy, billing, payment, and reporting processes.

11. MAINTENANCE AND SUPPORT REQUIREMENTS:

11.1. The proposer shall be responsible for maintaining and upgrading the software solution as part of the contract maintenance responsibilities for the life of the product.

11.1.1. During this period, the proposer will perform all maintenance and support as a routine activity, including the establishment and adherence to a software version control and release schedule.

11.2. As part of the proposer’s proposal, they should provide a sample of their service level agreement (SLA) to maintain and support the proposed solution.

11.3. The proposer should provide sufficient technical staff to perform all routine maintenance responsibilities as follows: perform research immediately upon detecting potential system problems, proactively maintain and upgrade software (current version) and/or allow the Agency access to source code or establish a software escrow account per the contract terms and conditions.

12. QUALITY ASSURANCE AND QUALITY CONTROL:

12.1. The following are quality assurance and control measurements a proposer will need to achieve in order to assure the quality of the product solutions and services. The quality assurance and control measurements include, but are not limited to:

12.1.1. The proposer will provide a test plan, test region (mirroring the production environment), test cases/scenarios, automated testing, traceability mix, test results, performance requirements, etc.

13. CHANGE CONTROL MANAGEMENT:

13.1. The proposer shall maintain a control change process with all changes approved through the Agency’s Change Control Board per audit requirements. The change control process should include the reason for the change, a complete description of the work to be performed, an estimate of time, cost, tracking and approval of proposed changes, the completion date for the change, and an impact analysis indicating ramifications or impact to the project.

13.2. If unforeseen circumstances arise where a dispute resolution may be needed, the proposer will submit (in writing) a description of the problem and proposer resolution to the project manager and Agency primary point of contact. If change requests are needed, the proposer agrees to continue at the hourly rate specified in the proposal.

13.3. In the event it is determined that a change to the Statement of Work is required, a contract amendment shall be made to the contract in accordance with the Contract.

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14. DELIVERABLES

14.1. The proposer will provide a project plan, communication plan, management plan, business analysis report, project reports and recommendations, requirement specification document, system documentation, test plan, user acceptance plan, training plan, user guides, help desk management plan, disaster recovery/contingency plan, implementation plan, etc.

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SECTION 7: PROPOSAL SUBMISSION REQUIREMENTS

1. PRE-PROPOSAL CONFERENCE:

1.1. A mandatory pre-proposal conference will be held in connection with this RFP.

1.1.1. The mandatory pre-proposal conference will be held via Google Meet on Monday, July 15, 2024, at 10:00A.M. -12:00P.M. MT. Video call link: https://meet.google.com/jpo-kuew-uxy This conference is an opportunity for proposers to address any additional questions and/or concerns regarding this RFP. Proposers may attend via an online meeting. This conference will be facilitated by the Agency.

1.1.1.1. All costs will be the responsibility of the proposers, and the State will not reimburse these costs.

1.1.1.2. Proposers are welcome to submit initial questions prior to the conference via the Public Purchase online bidding site. These questions should be tied directly to the RFP by referencing the proposal number to which each question relates. Written (official) answers will be provided for all questions placed in writing during the pre-proposal conference. Written questions will be accepted until the date and time specified in Section 3.

1.2. TECHNICAL PROPOSAL, FORMAT AND CONTENTS:

1.2.1. Proposals should be submitted in two major sections: the Technical Proposal and the Cost Proposal. Omission of this section or any item within this section may result in the proposal being eliminated. The proposer should, at a minimum, address the following points:

1.2.1.1. Table of Contents: The table of contents should include all items listed in this section.

1.2.1.2. Executive Summary: The executive summary will condense and highlight the contents of the technical proposal in such a way as to provide the State with a broad understanding of the proposer’s qualifications and approach to meeting the requirements of the RFP.

1.2.1.3. Proposer’s Background and Experience: The proposer should include a company summary including the company history, location, office location(s), company size, financial statements (if applicable), and the statement of technical areas of expertise.

The proposer should be able to substantiate to the satisfaction of the Agency that the proposer has sufficient resources to complete the project successfully within the time requirements.

1.2.1.4. Resumes: The proposer should include brief resumes for personnel that will be working on the project, if awarded the contract. The resumes should clearly identify expertise in the functional areas listed in Section 6. Specialized training courses will not be acceptable for demonstration of expertise in the required areas. Proven work experience combined with related education will be the means of substantiating expertise.

1.2.1.4.1. Resume Format: Each project reference in a resume should include both the customer name and the time period the person worked on the project, as well as a brief description of the scope of work for that project. In addition, resumes should explain the role and responsibility of each person participating in the project. The State expects that personnel associated with these resumes will be https://meet.google.com/jpo-kuew-uxy

RFP 0311-J, Page 20 of 28 the personnel working on the project, should the proposer be awarded the contract.

1.2.2. References: Corporate references are required from at least three (3) prior clients. In addition, two (2) references are required for each of the staff members being proposed for the project. Whenever possible, an alternative point of contact for each reference should be listed with a phone number and email address. Each reference should depict relevant experience that can be brought to bear during the term of this RFP. In order to ensure current expertise, all work for client references provided should have been completed no more than three years prior to the release date of this RFP.

1.2.2.1. References may be verified during the proposal evaluation by telephone calls made by members of the Evaluation Committee or through e-mail or the United States Postal Service.

1.2.2.2. If contact with the referenced contact person or an alternative that has knowledge of the proposer is not made after reasonable attempts during the designated evaluation period, the reference will be classified as unsatisfactory. All attempts to contact a referenced client will be documented, including the date and time of the attempt.

1.2.2.3. The Agency reserves the right to contact other State of Wyoming agencies regarding engagements they may have had with the proposer’s company in the past, in addition to the references provided in the proposal.

1.2.3. Single Point of Contact: The proposer should identify a single point of contact for all contract management activities. The proposer’s Project Manager’s name and resume should be submitted with the proposal. The successful proposal should not change the Project Manager without written Agency approval.

1.2.4. Proposer’s Project Work Plan: The proposer should submit a work plan that meets the needs of the RFP and indicates a thorough understanding of the scope of work as outlined in Section

6. The proposer should identify realistic person-hours of effort and responsibilities for the deliverables and each work activity.

1.2.5. Project Management Plan: The proposal should contain a comprehensive and practical description of the proposer’s plans for project management and control mechanism, including staff organization structure, progress reporting, major decision-making, sign-off procedures and internal control procedures. The proposer should also indicate flexibility in meeting changes in program requirements and coping with problems.

1.2.6. Project Delays: Proposer should also describe how project delays will be addressed should they occur. This should include assurances that sufficient resources and knowledgeable, experienced staff are available to meet any project schedule.

1.2.7. Contract Exceptions: Proposers should state agreement with all General Provisions and should furnish any exceptions to these provisions.

1.2.8. Staffing and Project Organization: An organization chart should be included with all proposed personnel, including the supervisor level, functional responsibilities, key personnel, and other staff members who will be involved in the project.

1.2.9. Proposer Checklist: The proposer should submit a checklist in which the proposer should evaluate their existing offering compared with the RFP mandatory/optional requirements.

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2. COST PROPOSAL FORMAT AND CONTENT:

2.1. Cost Proposal Price Sheets: These pages are required by the A&I Procurement Section and are the

State’s official pricing documents. Each applicable proposer should upload the Technical Proposal and the Cost Proposal Sheets as separate documents, and identify them as such, using the Public Purchase online bidding system. The price to be entered on this page is the total fixed price (the sum from Pricing Schedules 1 and 2). In case of an error in the extension of prices in the proposal, unit prices will govern. Cost breakdowns are not included on this page. The proposer should ensure all signatures and identifying numbers are properly affixed to this page in order for the Cost Proposal to be accepted.

2.1.1. Pricing Schedule 2 itemizes the maintenance and support after implementation and acceptance for the services, work products and final deliverables by the agency. The provider should provide the all-inclusive base year 1 maintenance cost based on the total cost of the software and the maintenance costs after the first year of maintenance. In the Cost Proposals, the proposers should state a maximum escalation percentage for maintenance after year 1.

The proposer should guarantee that the maintenance costs will not exceed, or escalate, beyond the stated escalation.

2.1.2. Pricing Schedule 3 itemizes the all-inclusive base hourly rate for any required software changes related to the scope of work. The proposer should submit in this cost proposal its hourly rate for performing any change orders requested by the State. This rate should be a clear hourly rate, and should include all travel and per diem charges.

3. ORAL PRESENTATIONS / INTERVIEWS:

3.1. Oral Presentations may be conducted in relation to this RFP.

3.1.1. Proposers may be requested to make an oral presentation (or interview) to clarify and/or demonstrate any particular points about their proposals. Section 4 will indicate when oral presentations may be requested. If so requested, proposers will provide a minimum of one-week notification of the time scheduled for the presentation. The evaluation team members will address questions to the proposers pertaining to their ability to complete this project. The proposer is responsible for payment of all costs involved in any oral presentation and shall not be reimbursed by the State for these costs. The oral presentation will be considered part of the proposal unless specifically stated otherwise.

3.1.2. Such presentations are for the purpose of explaining or clarifying any significant elements of the proposal (see Section 8) to assist the Evaluation Team in further evaluating the proposal. At the option of the State, presentations may be attended by others in addition to the Evaluation Team Members.

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SECTION 8: EVALUATION METHODOLOGY

1. OVERVIEW:

1.1. The Agency will conduct a comprehensive, fair, objective, and impartial evaluation of proposals received in response to this Request for Proposal. Proposals will be evaluated independently by the evaluation committee members. The evaluation committee shall be made up of members representing the project's subject expertise. The evaluation committee will review and score all proposals independently and consolidate the scores in order to determine the award.

2. COMPLIANCE WITH MANDATORY REQUIREMENTS:

2.1. To be considered responsive, a submitted proposal should meet the minimum requirements defined in this RFP. The minimum requirements are intended to ensure that the evaluation of the Technical Proposal can proceed and that the Contractor agrees to perform all responsibilities within the RFP.

3. TECHNICAL SCORING AND RANKING:

3.1. PROPOSER BACKGROUND AND EXPERIENCE: 100 Points. Proposer should present materials describing its organization's capability to successfully perform the responsibilities of this contract. This material should include details of similar corporate experience, preferably in developing, implementing and maintaining an interactive web-based application.

3.1.1. Details of previous contractual experience should include the length of time covered by the contract, the types of tasks performed and the results thereof, and a reference that includes a name, current title, and telephone number. Emphasis should be placed on experience/implementing projects similar to the scope of work described in this RFP.

3.1.2. At least two (2) project references for current or recently completed (within the last three (3) years) contracts similar in nature to the services required by the Agency for this contract will be included in this section. Contract references should include the name, position, title, and current phone number of the client.

3.1.3. This section will also address overall organizational size, computer resources, financial stability and current contractual obligations.