RFP 2025-49.pdf

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Electronic Health Records (EHR) RFP
Solicitation number
2138826
Issued by
New York

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RFP 2025-49 Electronic Health Records (EHR) Summary

This is a Request for Proposals issued by the New York State Department of Corrections and Community Supervision (DOCCS) seeking a qualified vendor to provide an integrated Electronic Health Records system for use across 41 state correctional facilities and the Central Office. The EHR solution must maintain comprehensive digital patient and clinic records including demographics, physician treatment records, dental records, patient directives, medications, and treatment methods. The system must be cloud-based, accessible both on-site and remotely, and capable of interfacing with existing DOCCS systems including the mainframe (IBM DB2), pharmacy management software (CIPS/Fusion), laboratory information systems (BioReference), radiology systems (PACS/Cloud 9), and external health information exchanges. The RFP includes scanning and indexing services for approximately 34,175 incarcerated individuals' existing medical records across all facilities. The deadline for written questions is September 23, 2026, with responses posted by October 7, 2026, and a second round of questions due October 14, 2026, with responses by October 21, 2026. Proposals are due by November 4, 2026, with an anticipated contract start date of June 1, 2027. The contract term is seven years, comprising an 18-24 month implementation period followed by five years of operational service.

The vendor must meet minimum qualifications including at least five years of experience developing EHR systems with multi-location implementation capability, five years managing data migrations from legacy systems, and prior implementation of EHR systems for at least four different customers with two in institutional settings (prisons, nursing homes, or hospitals). Minority/Women-Owned Business Enterprise (MWBE) participation goals are 15 percent for both Minority Business Enterprises (MBE) and Women Business Enterprises (WBE), with a 6 percent Service-Disabled Veteran-Owned Business (SDVOB) goal. The solution must be compliant with HIPAA, HITECH, and New York State Information Technology Services security standards, hosted in a Tier 4 HIPAA and FEDRAMP-compliant data center within the Continental United States, and provide 24/7/365 support with a maximum one-hour callback time and 95 percent uptime guarantee. The contractor must carry insurance appropriate for high-risk health data processing and shall own no rights to DOCCS data, which must be returned in industry-standard format upon contract termination or transfer. No incumbent vendor information is provided, indicating this is a new procurement.

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The Harriman State Campus, 1220 Washington Avenue, Building 4, Albany, NY 12226-2050 I www.doccs.ny.gov

KATHY HOCHUL

Governor

DANIEL F. MARTUSCELLO III

Commissioner

Health Services

Request for Proposals

RFP C161877

Electronic Health Records (EHR)

Issued: 9/9/2026

DESIGNATED CONTACTS:

Pursuant to State Finance Law §139-j and §139-k, the Department of Corrections and Community Supervision identifies the following designated contacts to whom all communications concerning this procurement must be made. See Section 1.7.1 for additional information.

Primary Contact Alternate Contact Name: Nicolas Fusaro Name: Bryant Kirk New York State Department of Corrections and Community Supervision

New York State Department of Corrections and Community Supervision

Contract Procurement Unit Contract Procurement Unit 550 Broadway 550 Broadway Menands, New York 12204 Menands, New York 12204 Telephone: 518-486-5340 Telephone: 518-474-9594 Email Address: doccscontracts@doccs.ny.gov Email Address: doccscontracts@doccs.ny.gov http://www.doccs.ny.gov/ mailto:doccscontracts@doccs.ny.gov mailto:doccscontracts@doccs.ny.gov

NYS DOCCS RFP 2025-49 Electronic Health Records (EHR)

TABLE OF CONTENTS

1.0 INTRODUCTION AND ADMINISTRATIVE INFORMATION

1.1 Calendar of Events

1.2 Submission of Written Questions

1.3 Incurred Costs

1.4 Examination of Solicitation and Contract Documents

1.5 Freedom of Information Law (“FOIL”) / Trade Secrets

1.6 Ethics Compliance

1.6.2 Vendor Assurance of No Conflict of Interest or Detrimental Effect

1.6.3 Non-Disclosure Agreement

1.6.4 Business Associate Agreement

1.6.5 Health Insurance Portability and Accountability Act (HIPAA)

1.7 Forms Pertaining to New York State Finance Law (STFL)

1.7.1 STFL Sections 139-j and 139-k; Procurement Lobbying Certification

1.7.2 STFL Section 139-l; Sexual Harassment Prevention Certification

1.7.3 STFL Section 139-m; Gender-based Violence Prevention Certification

1.7.4 STFL Section 163(4)(g); Consultant Disclosure Provisions

1.8 NYS Executive Orders

1.8.1 Executive Order 16 – Prohibiting State Agencies and Authorities from Contracting with Businesses Conducting Business in Russia

1.8.2 Executive Order 177 - Prohibiting Contracts with Entities that Support Discrimination

1.9 DOCCS’ Reserved Rights

2.0 OVERVIEW

2.1 Glossary of Terms

2.2 Background

2.3 Purpose and Objectives

2.4 Term of Agreement

2.5 Subcontracting

3.0 BIDDER QUALIFICATIONS TO PROPOSE

3.1 Minimum Qualifications

3.2 Vendor Responsibility

4.0 SCOPE OF WORK

4.1 SUPPLIES AND/OR SERVICES REQUIRED

4.1.1 Software

4.1.2 Interfaces

4.1.3 Artificial Intelligence (AI)*

4.1.4 Security and Permissions

4.1.5 Reporting and Auditing

4.1.6 Document Management, Terminology, and Alerts & Notifications

4.1.7 Workflow, Intake, and Scheduling

4.1.8 Computerized Provider Order Entry

4.1.9 Modules

4.1.10 Disclosure Management System (DMS)

4.2 Cloud Solution

4.3 Training

4.4 Support

4.4.1 Offeror Shall:

4.4.2 Cloud Implementation

4.5 Statement of Work

4.5.1 Cloud Implementation

4.5.2 Recurring Services

4.5.3 Transfer of Data

4.5.4 Ownership

4.6 Implementation

4.6.1 Project Management

4.6.2 Project Deliverables

4.6.3 Technical Requirements

4.7 Scanning and Indexing

4.7.1 Document Preparation

4.7.2 Scanning Services Shall Include

4.7.3 Specifications for scanning all documents are as follows\

4.8 DOCCS Departmental Directive, Policies, and Procedures

4.9 Security

4.10 Transition

5.0 PROPOSAL CONTENT

5.1 Administrative Proposal

5.2 Technical Proposal

5.3 Diversity Practices Questionnaire

5.4 Cost Proposal

6.0 PROPOSAL SUBMISSION

6.1 No-Bid Form

7.0 METHOD OF AWARD

7.1 General Information

7.2 Submission Review – Eligibility and Compliance

7.3 Technical Evaluation

7.4 Diversity Practices Evaluation

7.5 Cost Evaluation

7.6 Composite Score

7.7 Award Recommendation

7.8 Dispute Resolution

7.9 Debriefing

7.10 Protest Procedure

8.0 EQUAL EMPLOYMENT OPPORTUNITY (EEO) REQUIREMENTS AND REPORTING

8.1 Participation Opportunities for Minority- & Women-owned Business Enterprise (“MWBE”) Requirements

8.1.1 MWBE Utilization Plan

8.1.2 Request for Waiver

8.1.3 Required Good Faith Efforts

8.1.4 Quarterly MWBE Contractor Compliance Report

8.1.5 Breach of Contract and Damages

8.2 Participation Opportunities for NYS Certified Service-Disabled Veteran-Owned Businesses (SDVOB)

8.2.1 SDVOB Utilization Plan

8.2.2 Request for Waiver

8.2.3 Required Good Faith Efforts

8.2.4 Monthly SDVOB Contractor Compliance Report

8.2.5 Breach of Contract and Damages

9.0 CONTRACTOR INSURANCE REQUIREMENTS

10.0 ADDITIONAL CONTRACT CLAUSES

10.1 Standard Clauses for New York State Contracts

10.2 General Specifications for DOCCS Contracts

10.3 Order of Precedence - Terms and Conditions

10.4 Intellectual Property

10.5 Extent of Services

10.6 Payment

10.6.1 Billing

10.7 Encouraging Use of New York Businesses in Contract Performance

10.8 Contract Performance in Facilities and/or Involving Contact with Incarcerated Individuals

10.9 Tax Law §5-a; Sales and Compensating Use Tax Certification

10.10 Breach of Services

10.11 Indemnification

10.12 Termination

10.13 Piggybacking

Appendices

The following appendices are included with this Solicitation:

A. Standard Clauses for NYS Contracts B. General Specifications

Exhibits

The following exhibits are included with this Solicitation:

A. DOCCS Geographical Map and Facilities Listing C. Non-Disclosure Agreement (for the awarded Bidder) D. Consultant Disclosure Reporting Requirements (for the awarded Bidder) E. Business Associate Agreement (for the awarded Bidder)

Attachments

The following attachments pertain to this Solicitation:

1. No-Bid Form

2. Submission Checklist

3. Bidder’s Certified Statements

4. Diversity Practices Questionnaire

5. Cost Proposal

6. Non-Collusive Bidding Certification

7. Vendor Assurance of No Conflict of Interest or Detrimental Effect

8. Procurement Lobbying Certification and Disclosure of Prior Non-Responsibility Determination

9. Sexual Harassment Prevention Policy Certification (State Finance Law §139-l Certification)

10. Gender-Based Violence Prevention Policy Certification (State Finance Law §139-m Certification)

11. Executive Order 16 Prohibiting State Agencies and Authorities from Contracting with Businesses

Conducting Business in Russia

12. Executive Order 177 Prohibiting Contracts with Entities that Support Discrimination

13. Vendor Responsibility Attestation

14. Encouraging Use of New York Businesses in Contract Performance

15. MWBE and EEO Policy Statement

16. Equal Employment Opportunity Staffing Plan (EEO100)

1.0 INTRODUCTION AND ADMINISTRATIVE INFORMATION

Through this Request for Proposals (“RFP”, “Solicitation”), the New York State (“State”, “NYS”) Department of Corrections and Community Supervision (“DOCCS”, “The Department”) is seeking competitive proposals from qualified Vendors to provide Electronic Health Records in accordance with the requirements specified in this solicitation as further detailed in Section 4.0 - Scope of Work and any resulting contract. It is the Department’s intent to award 1 contract from this procurement. Vendors entering into a Contract with the State are expected to comply with all terms and conditions contained herein.

For purposes of this Solicitation:

a. The terms “bidders”, “vendors”, “offerors”, and “contractors” are used interchangeably.

b. The use of the terms “shall”, “must” and “will” are used interchangeably when describing the

Contractor’s/Bidder’s duties.

c. The terms “proposal” and “bid” are used interchangeably herein and shall have the same meaning.

d. The name of this agency, NYS Department of Corrections and Community Supervision, is used interchangeably herein with “the Department” and “DOCCS”.

1.1 Calendar of Events

RFP C161877 - ELECTRONIC HEALTH RECORDS

EVENT DATE

Issuance of Request for Proposals 09/09/26

Deadline for Submission of Written Questions No later than 3:00 p.m. EST 09/23/26 Responses to Written Questions Posted by DOCCS On or about 10/7/26 Deadline for Submission of 2nd Round of Written Questions No later than 3:00 p.m. EST 10/14/26

Responses to 2nd Round of Written Questions Posted by DOCCS On or about 10/21/26 Deadline for Submission of Proposals/Bid Opening No later than 3:00 p.m. EST 11/4/26

Anticipated Contract Start Date June 1, 2027

NOTE: This is a tentative timetable which may ONLY be modified to address the State’s needs.

1.2 Submission of Written Questions

It is the Bidder’s responsibility to ensure email(s) containing written questions, including requests for clarification and/or requests for bid exceptions, are received no later than the Deadline for Submission of Written Questions as specified in Section 1.1 - Calendar of Events. Questions received after the deadline may not be answered.

All written questions must be emailed to the Designated Contact(s) listed on the cover page of this solicitation, with “RFP 2025-49” in the subject line. Where applicable, your email should cite the particular RFP Section and paragraph number relevant to your inquiry.

Official answers to all written questions will be advertised as an addendum and posted in the New York State Contract Reporter (NYSCR) (http://www.nyscr.ny.gov/) on or about the date listed in Section 1.1 Calendar of Events. Only answers provided by addendum are considered official. Any amendments, clarifications, responses to questions, and updates to this Solicitation will be posted on the NYSCR as addenda. The addenda will become part of the ensuing Contract(s). It is each bidder’s responsibility to visit the above website prior to submitting a bid to determine if any addenda have been issued regarding this solicitation.

Further, if the bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in this RFP, the Bidder shall immediately notify DOCCS of such error in writing to the Designated Contacts for this Solicitation and request clarification or modification of the document. If, prior to the Deadline for Submission of Proposals, a Bidder fails to notify DOCCS of a known error or an error that reasonably should have been known, the Bidder shall assume the risk of proposing. If awarded the contract, the bidder shall not be entitled to additional compensation by reason of the error or its correction.

Any Addendum issued prior to the bid due date must be acknowledged by signature, dated, and be submitted on or before the bid due date. In awarding a contract any written addenda will become a part thereof.

Any verbal information obtained from, or statements made by, representatives of the Department shall not be construed as in any way amending contract documents. Only such corrections or addenda as are issued in writing shall become a part of the contract.

1.3 Incurred Costs

DOCCS shall not be held liable for any costs incurred by the Vendor:

• in the preparation, production, or submission of a proposal, or for any work performed by a Vendor prior to the approval of an award Agreement.

• in modifying or explaining details of the Vendor's proposal in response to questions from

DOCCS.

• for any negotiations with DOCCS required to finalize and sign a formal Agreement document.

1.4 Examination of Solicitation and Contract Documents

Each Bidder is under an affirmative duty to inform itself by personal examination of the specifications of the proposed work and by such other means as it may select, of the character, quality, and extent of the work to be performed and the conditions under which the contract is to be executed.

Each Bidder shall examine specifications and all other data or instruction pertaining to the work. No pleas of ignorance of conditions that may be encountered or of any other matter concerning the work to be performed in the execution of the contract will be accepted by the State as an excuse for any failure or omission on the part of the Bidder to fulfill every detail of all the requirements of the documents governing the work. The Bidder, if awarded the contract, will not be allowed any extra compensation by reason of any matter or thing concerning which such Bidder might have fully informed itself prior to bidding.

http://www.nyscr.ny.gov/

1.5 Freedom of Information Law (“FOIL”) / Trade Secrets

All proposals may be disclosed or used by DOCCS to the extent permitted by law. DOCCS may disclose a proposal to any person for the purpose of assisting in evaluating the proposal or for any other lawful purpose. All proposals will become State agency records, which will be available to the public in accordance with the Freedom of Information Law. Any portion of the proposal a Bidder believes constitutes proprietary information entitled to confidential handling, as an exception to the Freedom of Information Law, must be clearly and specifically designated in the proposal as directed in Section 5.1. If DOCCS agrees with the proprietary claim, the designated portion of the proposal will be withheld from public disclosure. Blanket assertions of proprietary material will not be accepted, and failure to specifically designate proprietary material may be deemed a waiver of any right to confidential handling of such material.

1.6 Ethics Compliance

All Vendors and their employees must comply with the requirements of §73 and §74 of the Public Officers Law, other State codes, rules, regulations, and executive orders establishing ethical standards for the conduct of business with New York State. In signing the Contract, the Contractor certifies full compliance with those provisions for any present or future dealings, transactions, sales, contracts, services, offers, relations, etc., involving New York State and/or its employees. Failure to comply with such provisions may result in disqualification from the bidding process, termination of contract, and/or other civil or criminal proceedings as required by law.

1.6.1 State Employees

Contractors, consultants, vendors, and subcontractors may hire former State Agency or Authority employees. However, as a general rule and in accordance with New York Public Officers Law, former employees of the State Agency or Authority may neither appear nor practice before the State Agency or Authority, nor receive compensation for services rendered on a matter before the State Agency or Authority, for a period of two (2) following their separation from State Agency or Authority service. In addition, former State Agency or Authority employees are subject to a “lifetime bar” from appearing before the State Agency or Authority or receiving compensation for services regarding any transaction in which they personally participated or which was under their active consideration during their tenure with the State Agency or Authority.

The Contractor and its subcontractors shall not engage any person who is, or has been at any time, in the employ of the State to perform services in violation of the provisions of the New York Public Officers Law, other laws applicable to the service of State employees, and the rules, regulations, opinions, guidelines, or policies promulgated or issued by the New York State Joint Commission on Public Ethics, or its predecessors (collectively, the “Ethics Requirements”). The Contractor certifies that all of its employees and those of its subcontractors who are former employees of the State and who are assigned to perform services under this Contract shall be assigned in accordance with all Ethics Requirements.

During the Contract term, no person who is employed by the Contractor or its subcontractors and who is disqualified from providing services under this Contract pursuant to any Ethics Requirements may share in any net revenues of the Contractor or its subcontractors derived from this Contract. The Contractor shall identify and provide the State with notice of those employees of the Contractor and its subcontractors who are former employees of the State that will be assigned to perform services under this Contract, and make sure that such employees comply with all applicable laws and prohibitions.

The State may request that the Contractor provide it with whatever information the State deems appropriate about each such person’s engagement, work cooperatively with the State to solicit advice from the New York State Joint Commission on Public Ethics. The State shall have the right to withdraw or withhold approval of any subcontractor if utilizing such subcontractor for any work performed here under would be in conflict with any of the Ethics Requirements. The State shall have the right to terminate this Contract at any time if any work performed hereunder is in conflict with any of the Ethics Requirements.

1.6.2 Vendor Assurance of No Conflict of Interest or Detrimental Effect

Bidders responding to this solicitation should submit Attachment 7 – Vendor Assurance of No Conflict of Interest or Detrimental Effect to attest that their performance of the services outlined in this RFP does not create a conflict of interest and that the Bidder will not act in any manner that is detrimental to any other State project on which they are rendering services.

1.6.3 Non-Disclosure Agreement

Upon contract award, the vendor will be required to sign a non-disclosure agreement (see Exhibit [C] – Non-Disclosure Agreement).

a. No Use – Recipient agrees not to use the confidential information in anyway, except for the purpose of the projects or assignments they are performing for DOCCS.

b. No Disclosure – Recipient agrees to use its best efforts to prevent and protect the confidential information, or any part thereof, from disclosure to any person other than Recipient’s employees and/or consultants designated by DOCCS having a need of disclosure in connection with Recipients’ authorized use of the confidential information.

This includes employees and consultants that may not be directly working on the project or job. Recipient agrees not to disclose the nature of the work to any third party without prior written DOCCS consent. In circumstance where the signer of this document is representing a Recipient with more than one employee, the Recipient also agrees all of its current and future staff who may be involved in the relationship with DOCCS have been and will be instructed in the requirements of this agreement.

c. Protection of Secrecy – Recipient agrees to take all steps reasonably necessary to protect the secrecy of the confidential information, and to prevent the confidential information from falling into the public domain or into the possession of unauthorized persons. Such steps shall include keeping Confidential Information stored in a locked office/facility where only authorized personnel would have access.

1.6.4 Business Associate Agreement

Upon Contract award, the vendor will be required to sign a Business Associate Agreement (see Exhibit [E]) demonstrating their commitment to protecting sensitive data in accordance with applicable privacy laws, rules, regulations, and DOCCS directives.

1.6.5 Health Insurance Portability and Accountability Act (HIPAA)

Contractor agrees all medical information/records will be kept confidential by all employees as well as subcontractors in accordance with applicable State and federal laws, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the regulations thereunder. In addition, the Contractor will also be subject to any NYS laws, rules, regulations, or DOCCS directives concerning confidentiality of medical records.

1.7 Forms Pertaining to New York State Finance Law (STFL)

1.7.1 STFL Sections 139-j and 139-k; Procurement Lobbying Certification

Bidders responding to this RFP should submit Attachment 9 – Procurement Lobbying Certification and Disclosure of Prior Non-Responsibility Determination.

Pursuant to State Finance Law §139-j and §139-k the Department of Corrections and Community Supervision identifies Designated Contact(s), on the cover page of this RFP, to whom all communications attempting to influence the Department of Corrections and Community Supervision conduct or decision regarding this procurement, and communications related to the submission of written proposals, pre-bid questions, and debriefings must be made.

Please be advised, State law prohibits any vendor from exerting or attempting to exert any improper influence relating to its proposal. “Improper influence” means any attempt to achieve preferential, unequal, or favored consideration of a proposal based on considerations other than the merits of the proposal, including but not limited to any conduct prohibited by the Ethics in Government Act, as set forth in Public Officers Law §73 and §74.

“Restricted period” means the period of time commencing with the earliest written notice, advertisement, or solicitation of a Request for Proposals (“RFP”), Invitation for Bids (“IFB”), or solicitation of proposals, or any other method for soliciting a response from Bidders intending to result in a procurement contract with DOCCS and ending with the final contract award and approval by DOCCS and, where applicable, final contract approval by the Office of the State Comptroller.

This prohibition applies to any oral, written, or electronic communication under circumstances where a reasonable person would infer that the communication was intended to influence this procurement. Violation of any of the requirements described in this Section may be grounds for a determination that the bidder is non-responsible and therefore ineligible for this contract award.

Two (2) violations within four (4) years of the rules against impermissible contacts during the “restricted period” may result in the violator being debarred from participating in DOCCS procurements for a period of four (4) years.

1.7.2 STFL Section 139-l; Sexual Harassment Prevention Certification

Pursuant to New York State Finance Law §139-l, every bid made on or after January 1, 2019 to the State or any public department or agency thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, and where otherwise required by such public department or agency, shall contain a certification that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees (Attachment 10 – Sexual Harassment Prevention Policy Certification). Such policy shall, at a minimum, meet the requirements of New York State Labor Law §201-g: https://www.nysenate.gov/legislation/laws/LAB/201-G.

New York State Labor Law §201-g provides requirements for such policy and training and directs the Department of Labor, in consultation with the Division of Human Rights, to create and publish https://www.nysenate.gov/legislation/laws/LAB/201-G a model sexual harassment prevention guidance document, sexual harassment prevention policy and sexual harassment prevention training program that employers may utilize to meet the requirements of New York State Labor Law §201-g. The model sexual harassment prevention policy, model sexual harassment training materials, and further guidance for employers, can be found online at the following URL: https://www.ny.gov/combating-sexual-harassment-workplace/employers.

Pursuant to New York State Finance Law §139-l, any bid by a corporate bidder containing the certification required above shall be deemed to have been authorized by the board of directors of such bidder, and such authorization shall be deemed to include the signing and submission of such bid and the inclusion therein of such statement as the act and deed of the bidder.

If the Bidder cannot make the required certification, such Bidder shall so state and shall furnish with the bid a signed statement that sets forth in detail the reasons that the Bidder cannot make the certification. After review and consideration of such statement, DOCCS may reject the bid or may decide that there are sufficient reasons to accept the bid without such certification.

1.7.3 STFL Section 139-m; Gender-based Violence Prevention Certification

Pursuant to New York State Finance Law § 139-M, every bid made on or after November 5, 2025 to the State or any public department or agency thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalty of perjury:

"By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing gender-based violence and the workplace and has provided such policy to all of its employees, directors and board members. Such policy shall, at a minimum, meet the requirements of subdivision 11 of section five hundred seventy-five of the executive law."

https://www.nysenate.gov/legislation/laws/EXC/575

The statement required by New York State Finance Law § 139-M subdivision 1.a may be submitted electronically in accordance with the provisions of New York State Finance Law § 163 subdivision 7 (Attachment 11 – Gender-Based Violence Prevention Policy Certification).

A bid shall not be considered for award, nor shall any award be made to a bidder who has not complied with this section; provided, however, that if the bidder cannot make the foregoing certification, such bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor.

Any bid hereafter made to the state or any public department, agency or official thereof, by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where such bid contains the statement required by this section, shall be deemed to have been authorized by the board of directors of such bidder, and such authorization shall be deemed to include the signing and submission of such bid and the inclusion therein of such statement as the act and deed of the corporation.

https://www.ny.gov/combating-sexual-harassment-workplace/employers https://www.ny.gov/combating-sexual-harassment-workplace/employers https://www.nysenate.gov/legislation/laws/EXC/575

1.7.4 STFL Section 163(4)(g); Consultant Disclosure Provisions

In accordance with New York State Finance Law § 163(4)(g), State agencies must require all contractors, including subcontractors, that provide consulting services for State purposes pursuant to a contract to submit an annual employment report for each such contract. See Appendix A, clause 23 for more information.

State Consultant Services Form A, Contractor’s Planned Employment:

The successful bidder for procurements involving consultant services must complete a "State Consultant Services Form A, Contractor's Planned Employment from Contract Start Date through End of Contract Term" in order to be eligible for a contract. Form A can be accessed electronically at http://www.osc.state.ny.us/agencies/forms/ac3271s.doc

State Consultant Services Form B, Contractor’s Annual Employment Report:

The successful bidder must also agree to complete a "State Consultant Services Form B, Contractor's Annual Employment Report" for each state fiscal year included in the resulting contract.

This report must be submitted annually to the Department of Health, the Office of the State Comptroller, and Department of Civil Service. Form B can be accessed electronically at http://www.osc.state.ny.us/agencies/forms/ac3272s.doc

1.8 NYS Executive Orders

1.8.1 Executive Order 16 – Prohibiting State Agencies and Authorities from

Contracting with Businesses Conducting Business in Russia

Executive Order No. 16, dated March 17, 2022, requires State agencies to refrain from entering into any new contract or renewing any existing contract with an entity conducting business operations in Russia. By submission of a response to this solicitation the Bidder certifies that the Bidder is not an entity conducting business operations in Russia, as those terms are defined in the Executive Order No. 16. (See Attachment 13 – EO16).

1.8.2 Executive Order 177 - Prohibiting Contracts with Entities that Support Discrimination

The New York State Human Rights Law, Article 15 of the Executive Law, prohibits discrimination and harassment based on age, race, creed, color, national origin, sex, pregnancy or pregnancy-related conditions, sexual orientation, gender identity or expression, disability, marital status, familial status, domestic violence victim status, prior arrest or conviction record, military status or predisposing genetic characteristics. In accordance with Executive Order No. 177 dated February 3, 2018, the Offeror certifies they do not have institutional policies or practices that fail to address those protected status under the Human Rights Law (Attachment 14 – EO177 Certification).

1.9 DOCCS’ Reserved Rights

The State of New York DOCCS reserves the rights for the following:

a. Withdraw the RFP at any time, at the agency’s sole discretion;

b. Prior to the bid opening, amend the RFP specifications to correct errors or oversights, or to supply additional information, as it becomes available;

c. Prior to the bid opening, direct bidders to submit proposal modifications addressing subsequent RFP amendments;

http://www.osc.state.ny.us/agencies/forms/ac3271s.doc http://www.osc.state.ny.us/agencies/forms/ac3272s.doc https://www.governor.ny.gov/executive-order/no-16-prohibiting-state-agencies-and-authorities-contracting-businesses-conducting

d. Change any of the scheduled dates;

e. Modify any part of this RFP, including but not limited to, the date and time by which proposals must be submitted and received by DOCCS, at any time prior to the Deadline for Submission of Proposals listed in Section 1.1 - Calendar of Events. Prior to the Deadline for Submission of Proposals, any such clarifications or modifications as deemed necessary by DOCCS will be posted to the NYSCR;

f. Reject any or all proposals received in response to the RFP;

g. Use proposal information obtained through site visits, management interviews and the state’s investigation of a bidder’s qualifications, experience, ability or financial standing, and any material or information submitted by the bidder in response to the agency’s request for clarifying information in the course of evaluation and/or selection under the RFP;

h. Disqualify any bidder whose conduct and/or proposal fails to conform to the requirements of the RFP;

i. Eliminate any mandatory, non-material specifications that cannot be complied with by all of the prospective bidders;

j. Waive any requirements that are not material;

k. Seek clarifications and revisions of proposals;

l. Require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of an offeror’s proposal and/or to determine an offeror’s compliance with the requirements of the solicitation;

m. Negotiate with the successful bidder within the scope of the RFP in the best interest of the State;

n. Conduct contract negotiations with the next responsible bidder, should the Department be unsuccessful in negotiating with the selected bidder;

o. Utilize any and all ideas submitted in the proposals received;

p. Determine if a product/service is “equal” to bid specifications. DOCCS also reserves the right to have the flexibility to consider bids with minor deviations or technicalities and to waive minor deviations or technicalities if consistent with the intent and scope of the solicitation. The flexibility may permit a reasonable outcome in cases where the results of a fair, competitive process are clear, but the award of a contract is threatened due to a minor technicality or a minor deviation;

q. Make an award under the RFP in whole or in part;

r. Not make an award under this solicitation; and

s. Request best and final offers. In the event DOCCS exercises this right, all Bidders that submitted a proposal that are susceptible to award will be asked to provide a best and final offer. Bidders will be informed that should they choose not to submit a best and final offer, the offer submitted with their proposal will be construed as their best and final offer.

2.0 OVERVIEW

2.1 Glossary of Terms

Term Definition AG NYS Attorney General’s Office

BIDDER / OFFEROR /

PROPOSER / VENDOR /

CONTRACTOR

Any person, partnership, firm, corporation, or other authorized entity submitting a proposal seeking to enter into a contract with the State pursuant to this RFP.

COMMISSIONER Commissioner of the Department of Corrections and Community Supervision or duly authorized representative.

COMMUNITY SUPERVISION Community Supervision is the program area within the Department responsible for the post-release supervision of released individuals.

DOCCS / THE DEPARTMENT NYS Department of Corrections and Community Supervision.

ISSUING OFFICE Department of Corrections and Community Supervision, Division of Supp ort Operations/Contract Procurement Unit

NYSID

New York State Identification Number (NYSID) is a unique identifier assigned to an individual by the New York State Division of Criminal Justice Services (DCJS).

OSC Office of the NYS Comptroller.

PRIME CONTRACTOR One who has the contract with the owner of a project or job and has full responsibility for its completion. A prime contractor undertakes to perform a complete contract and, when permitted, may employ (and manage) one or more subcontractors to carry out specific parts of the contract.

PROPOSAL / BID Documentation from participating Vendors that provides the necessary information requested by the RFP.

REGIONS AND BUREAUS A group of administrative offices and field supervision bureaus located within a designated geographic area.

RELEASEE An individual released from incarceration and required to satisfy a period of community supervision.

RFP Request for Proposal; this solicitation document.

RESTRICTED PERIOD The period of time commencing with the earliest written notice, advertisement, or solicitation of a Request for Proposals (“RFP”), Invitation for Bids (“IFB”), or solicitation of proposals, or any other method for soliciting a response from Bidders intending to result in a procurement contract with DOCCS and ending with the final contract award and approval by DOCCS and, where applicable, final contract approval by the Office of the State Comptroller.

SUBCONTRACTOR

A business or person that carries out work for a company as part of a larger project. (Subcontracting is not permitted under this procurement.)

2.2 Background

The Mission of DOCCS is to improve public safety by providing a continuity of appropriate treatment services in safe and secure facilities where the needs of the incarcerated population are addressed and where individuals under its custody are successfully prepared for release and parolees under community supervision receive supportive services that facilitate the successful completion of their sentence.

The New York State Department of Corrections and Community Supervision (DOCCS), guided by the Departmental Mission, is responsible for the confinement and rehabilitation of approximately 33,750 individuals under custody held at 41 state correctional facilities located throughout New York State. DOCCS is responsible for providing health care for incarcerated individuals within the correctional facilities 24 hours a day, 7 days a week. DOCCS seeks to adopt an Electronic Health Record (EHR) system to enhance patient care quality, improve operational efficiency, ensure regulatory compliance and reduce long-term costs.

2.3 Purpose and Objectives

DOCCS seeks an integrated EHR solution to maintain thorough digital patient and clinic records to include patient demographics, physician treatment records, dental records, patient directives, medications, history, and methods of treatment.

The offeror’s solution must detail the following elements: system design, data migration, development, implementation, testing, conversion, training, and documentation required to implement the solution.

This solution must be easy to navigate, and accessible to DOCCS personnel while working on-site and off-site at the current 41 correctional facilities and Central Office.

2.4 Term of Agreement

The contract term is for 7 years with a 2-year implementation period then 5 years. The contract resulting from this RFP will commence on the date above in Section 1.1 - Calendar of Events or upon approval by the Office of the New York State Comptroller, whichever comes later, subject to the availability of sufficient funding, successful contractor performance, and approvals from the New York State Office of the Attorney General (OAG) and the Office of the State Comptroller (OSC).

2.5 Subcontracting

Bidders may propose the use of a subcontractor. The Contractor shall obtain prior written approval from DOCCS before entering into an Agreement for services to be provided by a subcontractor. The Contractor is solely responsible for assuring the requirements of the RFP are met. All subcontracts shall contain provisions specifying that the work performed by the subcontractor must be in accordance with the terms of the prime contract, and that the subcontractor specifically agrees to be bound by the confidentiality provisions set forth in the Agreement between DOCCS and the Contractor. DOCCS reserves the right to request removal of any Bidder’s staff or subcontractor’s staff if, in DOCCS’ discretion, such staff are not performing in accordance with the Agreement.

Subcontractors whose contracts are valued at or above $100,000 will be required to submit the Vendor Responsibility Questionnaire upon selection of the Prime Contractor.

Any known/planned use of subcontractors must be disclosed in detail with the bid submission. If subcontractors are to be used for base scope services, it shall be understood that the bid price includes the cost of the subcontractor and no additional markups will be allowed. The Contractor’s use of subcontractors shall not diminish the Contractor’s liabilities or obligations in this RFP or resultant Contract. The Contractor shall coordinate and control the work of the subcontractors.

3.0 BIDDER QUALIFICATIONS TO PROPOSE

3.1 Minimum Qualifications

Vendors interested in participating in the RFP must meet the qualifications outlined in this Section.

DOCCS will accept proposals from organizations with the following types and levels of experience as a prime contractor:

a) Offeror must have at least five (5) years of experience developing electronic health records systems, including: development of an EHR capable of interfacing with multiple systems and the provision of consulting and technical support to large businesses entities and/or correctional systems with multiple geographical locations.

b) Additionally, offeror must have at least five (5) years of experience successfully managing data migration from a legacy system where the Offeror specifically lead the design and implementation.

c) Offeror must have developed and implemented an electronic health records system for at least four (4) different customers, and two (2) must have been within an institutional setting (examples; prison systems, nursing homes, hospitals, etc.).

For the purposes of this RFP, a prime contractor is defined as one who has the contract with the owner of a project or job and has full responsibility for its completion. A prime contractor undertakes to perform a complete contract and, if permitted, may employ (and manage) one or more subcontractors to carry out specific parts of the contract.

Failure to meet these Minimum Qualifications will result in a proposal being found non-responsive and eliminated from consideration. Required evidence of qualifications are listed in Section 5.1.A Mandatory Submissions. For minimum qualifications that do not have specific documentation, a statement explaining how your organization meets the minimum requirement is required.

3.2 Vendor Responsibility

Section 163(9)(f) of the New York State Finance Law requires that a state agency make a determination that a Bidder is responsible before awarding that bidder a state contract. All proposals are subject to a Vendor Responsibility determination before the award is made, and the determination can be revisited at any point up to the final approval of the contract by the NYS Office of the State Comptroller (OSC). Vendors must maintain their Vendor Responsibility throughout the duration of the contract.

Bidders should complete, certify, and file a New York State Vendor Responsibility Questionnaire.

Questionnaires in the VendRep System that have been completed in the last six (6) months in response to contracts or bid announcements do not need to be updated. Confirmation of completion of the vendor responsibility process should be submitted with your Administrative Proposal. Bidders may submit Attachment 15 - Vendor Responsibility Attestation, or Bidders using the Online Questionnaire may go to the bottom of their certified questionnaire, click the button called “Form Overview”, and print the subsequent page to include with their proposal.

DOCCS recommends that vendors file the required Vendor Responsibility Questionnaire online via the New York State VendRep System. To access the VendRep System to enroll or update your existing online questionnaire, click Online Questionnaire.

Vendors opting to complete and submit a paper questionnaire can obtain the appropriate https://www.osc.state.ny.us/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire questionnaire from the VendRep website, https://www.osc.state.ny.us/state-vendors/vendrep/vendor-responsibility-forms, or may contact the Office of the State Comptroller’s Help Desk for a copy of the paper form.

Vendors must provide their New York State Vendor Identification Number when enrolling. To request a Vendor Identification Number or for direct VendRep System user assistance, contact the OSC Help Desk at 866-370-4672 or 518-408-4672 or by email at itservicedesk@osc.ny.gov.

4.0 SCOPE OF WORK

This section describes the services required to be provided by the selected Vendor. The selected Contractor must be able to provide all these services, at minimum, throughout the contract term. The Contractor must comply with federal, state, local, and DOCCS regulations in the performance of the Contract resulting from this Solicitation.

PLEASE NOTE: As part of the Technical Proposal, Bidders are requested to provide responses that address all the requirements of this RFP (see Section 5.2).

DOCCS seeks an integrated EHR solution to maintain thorough digital patient and clinic records to include, but not limited to patient demographics, physician treatment records, dental records, patient directives, medications, history, and methods of treatment.

4.1 SUPPLIES AND/OR SERVICES REQUIRED

4.1.1 Software

The EHR software must be compatible (but not limited to compatibility) with the following systems:

• KALOS CIPS, Fusion (or any other Pharmacy Management Software)

• Nexgen DXScript

• Pharmacy Automation Software and Hardware

• Bioreference Care Evolve

• Prestige Medical Imaging Picture Archiving Communications System (or any other PAC system)

• DOCCS Mainframe Systems

• DOCCS COTS

• Open Systems Applications

• ClaimConnect (cloud-based healthcare claims payment system)

The software must also:

• Support medical device integration such that data are incorporated seamlessly from medical devices into the EHR.

• Ensure compliance with all applicable federal and state regulations

• Support/provide algorithms based on peer reviewed processes that help generate treatments, alerts, and diagnoses.

• Support Telehealth.

• Support population health analytics and management.

• Provide Predicative Modeling from clinical data.

• Provide Business intelligence data for clinical and financial management.

https://www.osc.state.ny.us/state-vendors/vendrep/vendor-responsibility-forms https://www.osc.state.ny.us/state-vendors/vendrep/vendor-responsibility-forms mailto:itservicedesk@osc.ny.gov

• Be accessible remotely by selected providers (e.g. telehealth providers caring for a patient remotely).

4.1.2 Interfaces

• The Offeror’s solution must ensure that all data exchanges, including inbound and outbound interfaces, comply with industry standards (e.g. Health Level 7 [HL7}, Fast Healthcare Interoperability Resources [FHIR]).

• The Offeror’s solution must interface with, but not be limited to the following systems:

DOCCS Mainframe, DOCCS Open System Applications, ClaimConnect and/or

DOCCS COTS.

• The Offeror’s solution must provide a bi-directional interface to import data elements such as new bookings, housing locations, and releases along with other demographic information including pictures.

• Pharmacy Management System (CIPS – Current).

• The Offeror’s solution must provide a bi-directional interface to import and export medication orders and various medication information.

• Laboratory Information System (BioReference, or any other related service vendror).

• The Offeror’s solution must provide a bi-directional interface to import and export lab orders/results.

• Lab results will be fully integrated within EHR system and each patient’s chart.

• Individual lab results values must be stored for later reporting and graphing.

• PACS (currently Cloud 9).

• The Offeror’s solution must provide a bi-directional interface to import and export radiology orders/results and images.

• Radiology results will be fully integrated within EHR system and each patient’s chart.

• Health Information Exchange (RHIO).

• The Offeror’s solution must provide a bi-directional interface to export CCD/CDA transcripts to RHIOs.

4.1.3 Artificial Intelligence (AI)*

• Offerors’ solution should include any optional detailed description of current Artificial Intelligence (AI) components and functionalities, including management and recommended auditing protocols:

o Ambient clinical documentation (voice-to-text note generation) and any options for voice recording, not just dictation:

Support voice-to-text note generation and audio recording beyond basic dictation;

Provide tools for note generation, editing and user control;

Accept flexible audio sources for correctional clinical environments.

o AI note recording Options:

Deliver real-time transcription during patient interactions;

Generate automated clinical summaries;

Extract actionable clinical items and follow-ups.

o Clinical decision support, and analytics:

Include predictive analytics for patient deterioration risks;

Provide a daily user dashboard to streamline workflows and reduce medical errors.

Detailed Dashboard should allow for customized and adjusted views.

o Correctional Setting:

Support specialized correctional workflows including sick-call management;

Provide scheduling and coordination tools to help manage and organize outside medical trips.

o AI Auditing and Governance:

Offerors’ solution must implement systematic auditing procedures to verify the accuracy and integrity of all AI data.

Proved management and recommended auditing protocols for all AI components. *All inclusion of AI supported functions is required to be reviewed by the state prior to inclusion.

4.1.4 Security and Permissions

Security

• Offeror shall comply fully with all security procedures of DOCCS. Offeror acknowledges that such security procedures may vary based on the specific DOCCS correctional facility at which the Offeror is providing services. Offeror agrees that its agents, employees and subcontractors performing services on-site at a DOCCS correctional facility or those with logical access to DOCCS data (i.e. log-in access) shall be required to undergo the State’s same security clearances as are required of the employees of the State. Specifically, before any contractor enters a DOCCS facility, each prospective and current employee of the offeror designated to work under any Agreement with DOCCS shall submit identifying information and be fingerprinted. DOCCS shall arrange for the scheduling of fingerprinting. Offeror shall pay the reasonable costs not to exceed $150.00 per person, of the fingerprinting. Such fingerprints shall be submitted to the Division of Criminal Justice Services for a state criminal history record check and, where authorized the Federal Bureau of Investigation for a national criminal history record check. DOCCS, in its sole discretion, may reject or bar from any DOCCS correctional facility any employee or agent of the offeror or its subcontractors performing work under any agreement resultant from this RFP, and such action by DOCCS shall not relieve the Offeror of the obligation to perform all work in compliance with the terms of any Agreement. In addition, Offeror must perform background checks and document results of their employees who may perform functions with DOCCS.

• The solution will offer the ability to lock records once the user electronically “signs off” on the record.

• The solution shall enforce a limit of consecutive invalid access attempts by a user. The solution shall protect against further, possibly malicious, user authentication attempts using an appropriate mechanism.

• The solution shall provide session management abilities such as prevention of duplicate logins, remote logout, and location-specific session timeouts, etc.

• The solution will offer different levels of security based on user role or site.

• The solution will allow administrator to terminate user connections/sessions (remotely).

• The solution will offer the ability to lockout user (upgrades, employee terminations, etc.)

• The solutions will allow DOCCS the ability to create new security rights/roles based on need.

• Process must be compliant with federal and state laws, such as HIPAA and HITECH and associated updates must be provided in a timely manner, which must protect individually identifiable Health Information (PHI). Offeror shall use appropriate means to preserve and protect State Data.

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