RFP Document.docx

STATE OF SOUTH DAKOTA

INFORMATION TECHNOLOGY (IT) RFP

South Dakota Department of Labor and Regulation 123 West Missouri Avenue, Pierre, SD 57501

Website Development and Maintenance

PROPOSALS ARE DUE NO LATER THAN 11:59 PM CST, FRIDAY, SEPT. 5, 2025

RFP #: 25RFP16292 STATE POC: Dawn Dovre EMAIL: dawn.dovre@state.sd.us

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Version 1.1 August 29, 2016 1

1 General Information

1.1 Purpose of Request for Proposal (RFP)

The South Dakota Department of Labor and Regulation is seeking the professional services of a single agency with extensive experience in website development and maintenance to develop and maintain a new website for the agency.

The South Dakota Department of Labor and Regulation is the issuing office for this document and all subsequent addenda relating to it, on behalf of the State of South Dakota. The reference number for this transaction is #25RFP16292. This reference number must be referred to on all proposals, correspondence, and documentation relating to this RFP. For purposes of this RFP, the State’s centralized IT agency, the Bureau of Information and Technology (“BIT”), must approve all IT-related purchases.

1.2 Schedule of Activities (Subject to Change)

All deadlines in the Schedule of Activities are due by 11:59 p.m. CST. The Schedule of Activities for this RFP is as follows:

1.3 Submitting a Proposal

All proposals must be completed and received by the Agency by the date and time indicated in Section 1.2 Schedule of Activities.

Proposals received after the Deadline for Proposal Submission will be late and ineligible for consideration.

All proposals must be signed, in ink or electronically, by a representative of the offeror who is legally authorized to bind the offeror to the proposal. Proposals that are not properly signed may be rejected. The offeror’s proposal must be prepared pursuant to the requirements of Section 6 Proposal Submission Requirements of this RFP.

The State will only accept electronic proposals via email.

Each offeror must provide an electronic version of the proposal. The electronic version should be provided in MS Word or PDF format to dawn.dovre@state.sd.us. The email, including attachments, must be limited to 20MB in size.

No proposal will be accepted from, or no contract or purchase order will be awarded to, any person, firm, or corporation that is in arrears upon any obligations to the State of South Dakota, or that otherwise may be deemed irresponsible or unreliable by the State of South Dakota.

1.4 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Lower Tier Covered Transactions

By signing and submitting this proposal, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds. Where the offeror is unable to certify to any of the statements in this certification, the offeror shall attach an explanation to its offer.

1.5 Non-Discrimination Statement

The State of South Dakota requires that all contractors, vendors, and suppliers doing business with any State agency, department, or institution provide a statement of non-discrimination. By signing and submitting their proposal, the offeror certifies they do not discriminate in their employment practices with regard to race, color, creed, religion, age, sex, ancestry, national origin, or disability.

1.6 Restriction of Boycott of Israel

For contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.7 Certification Relating to Prohibited Entity

For contractors, vendors, suppliers, or subcontractors who enter into a contract with the State of South Dakota by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, is not a prohibited entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by South Dakota Codified Law § 5-18A. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination and would be cause to suspend and debar a business under SDCL § 5-18D-12.

1.8 Certification of No State Legislature Interest

The bidder or offeror (i) understands neither a state legislator nor a business in which a state legislator has an ownership interest may be directly or indirectly interested in any contract with the State that was authorized by any law passed during the term for which that legislator was elected, or within one year thereafter, and (ii) has read South Dakota Constitution Article 3, Section 12 and has had the opportunity to seek independent legal advice on the applicability of that provision to any agreement entered into as a result of this RFP. By signing an agreement pursuant to this RFP, the bidder or offeror certifies that the Agreement is not made in violation of the South Dakota Constitution Article 3, Section 12.

1.9 Modification or Withdrawal of Proposals

Proposals may be modified or withdrawn by the offeror prior to the established due date and time.

No oral, telephonic, telegraphic, or facsimile responses or modifications to informal, formal bids, or Request for Proposals will be considered.

1.10 Questions Regarding RFP

All written questions should be sent to: dawn.dovre@state.sd.us Only emailed questions will be accepted.

Each offeror may submit questions via email concerning this RFP to obtain clarification of requirements. No questions will be accepted after the date and time indicated in the above schedule of activities. Email questions to the email address listed above with the subject line “#25RFP16292”. The questions and their answers will be sent to all offerors that submitted Letters of Intent, submitted questions, or requested the questions and answers via email before the proposal submittal date and will be sent by the date and time indicated in the above calendar of events. Offeror may not rely on any other statements, either of a written or oral nature, that alter any specification or other term or condition of this RFP that have not originated from the SD RFP Project Contact. Offerors will be notified in the same manner as indicated above regarding any modifications to this RFP. Offerors and their agents may not contact any state employee other than the buyer of record regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and exclusion from specific procurements.

1.11 Proprietary Information

The proposal of the successful offeror(s) becomes public information. Proprietary information can be protected under limited circumstances, such as client lists and non-public financial statements. An entire proposal may not be marked as proprietary. Offerors must clearly identify in the Executive Summary and mark in the body of the proposal any specific proprietary information they are requesting to be protected. The Executive Summary must contain specific justification explaining why the information is to be protected. Proposals may be reviewed and evaluated by any person at the discretion of the State. All materials submitted become the property of the State of South Dakota and may be returned only at the State's option.

1.12 Length of Contract

The length of the contract will begin on November 1, 2025, and end on December 31, 2028.

1.13 Governing Law

This RFP will be governed by and construed in accordance with the laws of the State of South Dakota. Any lawsuit pertaining to or affecting this RFP will be venued in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

1.14 Site Visit

If site visits are required, they will be scheduled before the submission of the proposal. Site visits will be made at the offeror’s expense.

1.15 Presentations/Demonstrations

At the State’s discretion, the State may require a presentation or demonstration by an offeror to clarify a proposal. However, the State may award a contract based on the initial proposals received without a presentation or demonstration by the offeror. If presentations or demonstrations are required, they will be scheduled after the submission of proposals. Presentations and demonstrations will be made at the offeror’s expense.

1.16 Discussions

At the State’s discretion, the offeror may or may not be invited to have discussions with the State. The discussions can be before or after the RFP has been submitted. Discussions will be made at the offeror’s expense.

1.17 Technical Review

At the State’s discretion, the State may require a technical review of the offeror based on the offeror’s proposal and response to the Security and Vendor Questionnaire.

1.18 Negotiations

This process is a Request for Proposal/Competitive Negotiation process. Each proposal will be evaluated, and each respondent will be available for negotiation meetings at the State’s request. The State reserves the right to negotiate on any component of every proposal submitted. From the time the proposals are submitted until the formal award of a contract, each proposal is considered a working document and as such, will be kept confidential. The negotiation discussions will also be held as confidential until such time as the award is completed.

2 Standard Contract Terms and Conditions

Any contract or agreement resulting from this RFP will include the State’s standard terms and conditions as listed below, the State’s standard Information Technology (“IT”) contract terms listed in Appendix A, and any additional terms and conditions as negotiated by the parties. The offeror must indicate in its response any issues it has with specific contract terms. If the offeror does not indicate that there is an issue with a specific contract term, then the offeror will be deemed to have accepted the contract terms as written.

2.1 The Contractor will perform those services described in the Scope of Work, attached hereto as Section 3 of the RFP and by this reference incorporated herein.

2.2 The Contractor’s services under this Agreement will start on November 1, 2025, and end on December 31, 2028, unless terminated sooner pursuant to the terms of the Agreement.

2.3 The Contractor will not use State equipment, supplies, or facilities. The Contractor will provide the State with its Employer Identification Number, Federal Tax Identification Number, or Social Security Number upon execution of this Agreement.

2.4 The State will make payment for services upon satisfactory completion of the services. The State will not pay Contractor's expenses as a separate item. Payment will be made pursuant to itemized invoices submitted with a signed state voucher. Payment will be made consistent with SDCL chapter 5-26.

2.5 The Contractor agrees to indemnify the State of South Dakota, its officers, agents, and employees, from and against all claims or proceedings for actions, suits, damages, liabilities, other losses, or equitable relief that may arise at least in part as a result of an act or omission in performing services under this Agreement. The Contractor will defend the State of South Dakota, its officers, agents, and employees against any claim, including any claim, action, suit, or other proceeding related to the claim. The Contractor’s obligation to indemnify includes the payment of attorney fees and other costs of defense. In defending the State of South Dakota, its officers, agents, and employees, the Contractor will engage other professionals, subject to the written approval of the State which will not be unreasonably withheld. Notwithstanding the foregoing, the State may, in its sole discretion and at the expense of the Contractor, engage attorneys and other professionals to defend the State of South Dakota, its officers, agents, and employees, or to assist the Contractor in the defense. This section does not require the Contractor to be responsible for or defend against claims or proceedings for damages, liabilities, losses, or equitable relief arising solely from errors or omissions of the State, its officers, agents, or employees.

2.6 During the term of this Agreement, the Contractor will obtain and maintain in force insurance coverage of the types and with the limits as follows:

A. Commercial General Liability Insurance:

The Contractor will maintain occurrence based commercial general liability insurance or equivalent form with a limit of not less than $1 million for each occurrence. If such insurance contains a general aggregate limit it will apply separately to this Agreement or be no less than two times the occurrence limit. The insurance policy will name the State of South Dakota, its officers and employees, as additional insureds, but liability coverage is limited to claims not barred by sovereign immunity. The State of South Dakota, its officers and employees do not hereby waive sovereign immunity for discretionary conduct as provided by law.

B. Professional Liability Insurance or Miscellaneous Professional Liability Insurance:

The Contractor will procure and maintain professional liability insurance or miscellaneous professional liability insurance with a limit not less than $1 million.

C. Business Automobile Liability Insurance:

The Contractor will maintain business automobile liability insurance or equivalent form with a limit of not less than $1 million for each accident. Such insurance will include coverage for owned, hired, and non-owned vehicles.

D. Workers’ Compensation Insurance:

The Contractor will procure and maintain workers’ compensation and employers’ liability insurance as required by South Dakota or federal law.

Before beginning work under this Agreement, Contractor will furnish the State with properly executed Certificates of Insurance which will clearly evidence all insurance required in this Agreement. In the event a substantial change in insurance, issuance of a new policy, cancellation, or nonrenewal of the policy, the Contractor agrees to provide immediate notice to the State and provide a new certificate of insurance showing continuous coverage in the amounts required. Contractor will furnish copies of insurance policies if requested by the State.

2.7 While performing services under this Agreement, the Contractor is an independent contractor and not an officer, agent, or employee of the State of South Dakota.

2.8 The Contractor agrees to report to the State any event encountered in the course of performance of this Agreement which results in injury to the person or property of third parties, or which may otherwise subject Contractor or the State to liability. The Contractor will report any such event to the State immediately upon discovery.

The Contractor's obligation under this section will only be to report the occurrence of any event to the State and to make any other report provided for by their duties or applicable law. The Contractor’s obligation to report will not require disclosure of any information subject to privilege or confidentiality under law (e.g., attorney-client communications). Reporting to the State under this section will not excuse or satisfy any obligation of the Contractor to report any event to law enforcement or other entities under the requirements of any applicable law.

2.9 This Agreement may be terminated by either party hereto upon thirty (30) days’ written notice. In the event the Contractor breaches any of the terms or conditions of this Agreement, this Agreement may be terminated by the State at any time with or without notice. If termination for a breach is affected by the State, any payments due to the Contractor at the time of termination may be adjusted to cover any additional costs to the State because of the Contractor's breach. Upon termination the State may take over the work and may award another party an agreement to complete the work under this Agreement. If after the State terminates for a breach by the Contractor it is determined that the Contractor was not at fault, then the Contractor will be paid for eligible services rendered and expenses incurred up to the date of termination.

2.10 This Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for this purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of law or federal funds reductions, this Agreement will be terminated by the State upon five (5) business days’ written notice. The Contractor agrees that termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State or any officer, agent, or employee of the State, and the Contractor waives any claim against the same.

2.11 This Agreement may not be assigned without the express prior written consent of the State. This Agreement may not be amended except in writing, which writing will be expressly identified as a part of this Agreement and be signed by an authorized representative of each of the parties to this Agreement.

2.12 This Agreement will be governed by and construed in accordance with the laws of the State of South Dakota, without regard to any conflicts of law principles, decisional law, or statutory provision which would require or permit the application of another jurisdiction’s substantive law. Venue for any lawsuit pertaining to or affecting this Agreement will be in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

2.13 The Contractor will comply with all federal, tribal, state, and local laws, regulations, ordinances, guidelines, permits, requirements, and other standards applicable to providing services pursuant to this Agreement and will be solely responsible for obtaining current information on such requirements. Nothing herein will constitute a waiver by the State to any defense to jurisdiction nor will anything under this Agreement constitute an acknowledgement by the State that any tribe has or exercises any jurisdiction over this Agreement or the parties.

2.14 The Contractor may not use subcontractors to perform the services described in this Agreement without the express prior written consent of the State. The Contractor will include provisions in its subcontracts requiring its subcontractors to comply with the applicable provisions of this Agreement, to indemnify the State, and to provide insurance coverage for the benefit of the State in a manner consistent with this Agreement. The Contractor will cause its subcontractors, agents, and employees to comply with applicable federal, tribal, state, and local laws, regulations, ordinances, guidelines, permits, and other standards and will adopt such review and inspection procedures as are necessary to assure such compliance. The State, at its option, may require the vetting of any subcontractors. The Contractor will assist in the vetting process.

2.15 The State reserves the right to reject any person from performing services under this Agreement who the State believes would be detrimental to the services, presents insufficient skills, presents inappropriate behavior, or is considered by the State to be a security risk.

2.16 The Contractor hereby acknowledges and agrees that all reports, plans, specifications, technical data, miscellaneous drawings, software system programs and documentation, procedures, or files, operating instructions and procedures, source code(s) and documentation, including those necessary to upgrade and maintain the software program, and all information contained therein provided to the State by the Contractor in connection with its performance of services under this Agreement will belong to and is the property of the State and will not be used in any way by the Contractor without the written consent of the State. Papers, reports, forms, software programs, source code(s), and other material which are a part of the work under this Agreement will not be copyrighted without written approval of the State.

2.17 The Contractor certifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment or suspension, or declared ineligible from participating in transactions by the federal government or any state or local government department or agency. Contractor further agrees that it will immediately notify the State if during the term of this Agreement Contractor or its principals become subject to debarment, suspension, or ineligibility from participating in transactions by the federal government, or by any state or local government department or agency.

2.18 By signing this Agreement, the Contractor certifies and agrees that is has not refused to transact business activities, have not terminated business activities, and have not taken other similar actions intended to limit its commercial relations, related to the subject matter of this Agreement, with a person or entity that is either the State of Israel, or a company doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel to do business, or doing business in the State of Israel, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to terminate this Agreement. During the term of this Agreement, if the Contractor no longer complies with this certification, the Contractor agrees to provide immediate written notice to the State and agrees such noncompliance may be grounds for termination of this Agreement.

2.19 Pursuant to South Dakota Codified Law § 5-18A, by entering into this Agreement with the State of South Dakota, the Contractor certifies and warrants that the Contractor is not a prohibited entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by South Dakota Codified Law § 5-18A.

The Contractor agrees that if this certification is false, the State may terminate this Agreement with no further liability to the State. The Contractor further agrees to provide immediate written notice to the State if during the term of the contract it no longer complies with this certification, and the Contractor agrees such noncompliance may be grounds for contract termination and would be cause to suspend and debar a business under SDCL § 5-18D-12.

2.20 The Contractor (i) understands neither a state legislator nor a business in which a state legislator has an ownership interest may be directly or indirectly interested in any contract with the State that was authorized by any law passed during the term for which that legislator was elected, or within one year thereafter, and (ii) has read South Dakota Constitution Article 3, Section 12 and has had the opportunity to seek independent legal advice on the applicability of that provision to this Agreement. By signing this Agreement, the Contractor certifies that this Agreement is not made in violation of the South Dakota Constitution Article 3, Section 12.

2.21 Any notice or other communication required under this Agreement will be in writing and sent to the address set forth above. Notices will be given by and to Dawn Dovre on behalf of the State, and by and to the President/CEO, on behalf of the Contractor, or such authorized designees as either party may from time to time designate in writing. Notices or communications to or between the parties will be deemed to have been delivered when mailed by first class mail, provided that notice of default or termination will be sent by registered or certified mail, or, if personally delivered, when received by such party.

2.22 In the event that any court of competent jurisdiction will hold any provision of this Agreement unenforceable or invalid, such holding will not invalidate or render unenforceable any other provision of this Agreement.

2.23 All other prior discussions, communications, and representations concerning the subject matter of this Agreement are superseded by the terms of this Agreement, and except as specifically provided in this Agreement, this Agreement constitutes the entire agreement with respect to the subject matter.

2.24 The waiver by either party of a breach or violation of any provisions of this Agreement will not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision of this Agreement.

2.25 Nothing in this Agreement is intended to constitute a waiver of sovereign immunity by or on behalf of the State of South Dakota, its agencies, officers, or employees.

2.26 Neither party will disclose the contents of the Agreement except as required by applicable law or as necessary to carry out the terms of the Agreement or to enforce that party’s rights under this Agreement. The Contractor acknowledges that the State of South Dakota and its agencies are public entities and thus are bound by South Dakota open meetings and open records laws. It is therefore not a breach of this Agreement for the State to take any action that the State reasonably believes is necessary to comply with the South Dakota open records or open meetings laws, including, without limitation, posting this Agreement on the website pursuant to SDCL § 1-27-46.

3 Scope of Work The South Dakota Department of Labor and Regulation (DLR) is seeking the professional services of a single agency with extensive experience in website development and maintenance to develop and maintain a new website for the agency.

DLR seeks a new website design that provides a modern, engaging, and intuitive user experience. The new website should enable users to easily find relevant business information and resources.

The selected Offeror must demonstrate expertise in:

· Website development and maintenance.

· Responsive and accessible design.

· Data-driven decision-making.

The Offeror will collaborate with DLR to perform the following duties:

· Evaluate the current website (dlr.sd.gov), assessing design, navigation, usability, and functionality.

· Redesign the site to create a seamless and engaging user experience.

· Implement industry best practices, including modern user experience/user principles, search engine optimization, and mobile responsiveness.

Key Features & Functionality Branding & Messaging

· Develop a website that aligns with the DLR brand

Intuitive & Responsive Design

· Clean, contemporary, and user-friendly layout (inspired by sites like Washington State Employment Security Department for the reemployment assistance pages, Arkansas Workforce Connections, California Employment Development Department, Delaware Department of Labor, North Carolina Department of Commerce, Texas Workforce Commission, U.S. Virgin Islands Department of Labor, Virginia Employment Commission, Wyoming Workforce Services).

· Fully responsive design for all devices and major browsers (Chrome, Safari, Firefox, Edge).

· High-resolution media support (images, videos, and interactive content).

· Optimized page speed and balanced text-to-graphics ratio.

Content Management

· Provide an easy-to-use content management system (CMS) for internal DLR staff.

· Enable real-time content updates by DLR staff.

· Provide the ability to securely save and preview pages before publishing.

· Support ongoing website maintenance, including updates and technology fixes.

· Include search and filter functions for tables and lists.

Analytics & Reporting

· Monthly website performance reports (traffic, engagement, top-performing pages).

· Lead generation tracking (Google Analytics).

· Budget tracking with a monthly status spreadsheet.

Social Media Integration

· Seamless integration of Facebook, Instagram, X, LinkedIn, and YouTube.

· Embedded social feeds on homepage and key landing pages.

· Social sharing tools for content distribution.

User Engagement & Accessibility

· Email subscription for press releases and updates.

· Downloadable resources (labor market data, publications, meeting packets) in Excel spreadsheets and PDFs.

· News archive for media and press updates.

· Multi-language support via embedded translation widget.

Calendar of Events

· Create a master calendar of scheduled meetings, including public notices, documents, agendas.

Security & Technical Requirements

· Secure HTTPS encryption.

· User and security testing before launch.

· Easy navigation updates for internal staff.

· SEO optimization integrated into design and content strategy.

· Search functionality for quick information retrieval.

· Sitemap and/or alphabetical index.

Development & Implementation

· Build the website based on the approved design and migrate existing content.

· Develop reusable content templates for DLR staff.

· Provide test access during development for feedback.

· Facilitate user testing in partnership with DLR and South Dakota’s IT agency.

· Ensure a bug-free launch of dlr.sd.gov.

· Conduct CMS training for at least five DLR team members.

· Deliver a training guidebook and online resources.

· Develop and execute a website optimization strategy to attract target audiences.

Research & Analytics

· Define key success metrics for the website.

· Provide regular performance reports with actionable insights.

· Explain how analytics will guide future marketing strategies.

Additional Expectations

· Participate in regular status conference calls with DLR.

· Provide real-time customer service to push updates as needed.

· Connect the new site with Siteimprove to ensure compliance and compatibility.

· Website and all user interfaces must comply with WCAG 2.1, AA and all future versions.

If using PHP or WordPress:

Use of Hypertext Preprocessor (PHP) During the term of this Agreement, the Vendor must use a major version of PHP (for example: 8.1.XX or 8.2.XX) that is still receiving official security patches from the php.net organization. The Vendor must use the most recent minor version of PHP that has applicable security patches (for example: 8.1.23 may be acceptable if the security patch in 8.1.24 is not applicable to the Vendor’s application). The Vendor must implement any minor patch or update to PHP within ten business days of availability of the minor patch or update unless implementation could impair the State’s use of the Vendor’s application for the State’s intended purpose. The Vendor will notify the State within five business days of the Vendor’s determination that utilization of the patch or update could impair the State’s use of the Vendor’s application for the application’s intended purpose.

If the Vendor fails to comply with the requirements of this clause, the State may suspend payments to the Vendor pending the Vendor’s cure of the impairment to the State’s satisfaction. The State may use any other legal remedy provided under this Agreement or applicable law for a service outage. If the Vendor fails to cure the impairment within 30 days, the State may immediately terminate this Agreement without any further obligation to the Vendor. The Vendor will be responsible for any direct or indirect damage caused by the Vendor’s failure to meet the requirements of this clause including, but not limited to, any costs incurred by the State in investigating and remediating the damages.

Use of WordPress During the term of this Agreement, the Vendor must keep WordPress and all installed plugins and themes up to date with the latest version. The Vendor must implement any minor patch or update to WordPress within ten business days of availability of the minor patch or update unless implementation could impair the State’s use of the Vendor’s application for the State’s intended purpose. The Vendor will notify the State within five business days of the Vendor’s determination that utilization of the patch or update could impair the State’s use of the Vendor’s application for the application’s intended purpose.

If the Vendor fails to comply with the requirements of this clause, the State may suspend payments to the Vendor pending the Vendor’s cure of the impairment to the State’s satisfaction. The State may use any other legal remedy provided under this Agreement or applicable law for a service outage. If the Vendor fails to cure the impairment within 30 days, the State may immediately terminate this Agreement without any further obligation to the Vendor. The Vendor will be responsible for any direct or indirect damage caused by the Vendor’s failure to meet the requirements of this clause including, but not limited to, any costs incurred by the State in investigating and remediating the damages.

4 Project Deliverables/Approach/Methodology

The offeror must describe in detail how its proposed deliverables will meet the needs of the State as described in Section 3. At its sole discretion, the State may consider a solution that includes any of these deliverables or consider deliverables not originally listed.

An offeror must highlight any requirement in Section 3 or Section 4 that the offeror’s proposed deliverables cannot comply with, and the offeror must provide any suggested “work-around” to the requirement in question or a future date that the offeror will be able to comply with the requirement.

4.1 The offeror’s proposal must include a:

· Project Management Plan

· Project Schedule

· Risk Management Plan

· Data Conversion Plan, if applicable

· Requirements Traceability Matrix

· Communication Plan

· Testing Plan

· Training Plan

· Go-Live/Cutover Plan

· Post-Implementation Support (or Maintenance and Operations Plan)

In addition, the offeror’s proposal must include how its proposed deliverables will meet the following IT requirements (General, State Hosted, and Vendor Hosted). If the offeror’s proposal includes an option for a state hosted solution and an option for a vendor hosted solution, the offeror must provide a separate response for each proposed solution and how each solution will meet the requirements in Sections 3 and 4.

4.2 General IT Requirements

4.2.1 Hosting and Data Access Requirements

The State will own all data tables created as a result of the Agreement. The State must have the ability to manipulate data, run reports as needed, pull code tables, access raw data, and develop dashboards as needed through Microsoft Power BI, ESRI, Tableau, and associated platforms.

The offeror’s proposal must describe how the State can access data housed within the proposed solution for ingestion into a state data repository, encompassing available methodologies (e.g., application programming interface (API), flat file), data formatting, frequency of updates, and any inherent constraints. Additionally, the offeror’s proposal must provide a high-level architecture diagram, as part of the solution diagram as required by Section 6.7, explaining the proposed solution's data provision mechanism.

4.2.2 Single Sign-On Requirements

If the offeror’s proposal includes a deliverable with a login component, the proposal must describe how the deliverable will integrate with the State’s standard identity management service single sign-on (SSO).

The State’s SSO supports the industry standard OAuth 2.0 protocol. This identity management will handle password recovery and multi-factor authentication (MFA). MFA is required for all application Administrators and may be required for other users. The State’s SSO requirement and links to Microsoft’s official documentation can be found at https://www.sd.gov/bit?id=bit_standards_single_sign_on.

If the offeror is not able to fulfill this identity management standard, the offeror’s proposal will be rejected from consideration.

4.2.3 SSO Logout Initiation Requirements

· The offeror’s deliverable must provide users with a clear and easily accessible logout mechanism (e.g., a “Logout” button/link).

· The logout functionality of the offeror’s deliverable must trigger a session-based logout process utilizing the sign-out endpoint found in the metadata document provided during implementation.

4.2.4 Session Timeout Requirements

· The offeror’s deliverables must allow for a customizable, State-defined inactive user session timeout period.

· The offeror’s deliverables must notify users of impending session expiration five minutes before the timeout occurs, providing users with the option to extend the session.

4.2.5 Session Termination on Browser Close Requirement

The offeror’s deliverables must clearly notify users that closing the browser window or tab is not a valid logout because the SSO session may remain active. The notice must further notify users that they are responsible for explicitly logging out to ensure complete session termination.

4.2.6 Onboarding/Provisioning of Users Requirement

The offeror’s proposal must describe how new users are onboarded or provisioned into the deliverable. The offeror must provide an automated process for onboarding and offboarding users or must provide a process that requires minimal manual steps.

4.2.7 Interfaces and Integration Requirements

The offeror’s proposal must describe how the deliverables can adapt to business necessary interfaces using widely adopted open APIs and standards. Additionally, the offeror must make available or expose software services that would enable third-party developers to interface other business applications. The offeror must publish documentation for the software services in question. The offeror’s proposal must include a detailed description of system capability.

4.2.8 Web Application Vulnerability Scan Requirements

Any web-based deliverable must undergo a web application vulnerability scan (“Vulnerability Scan”). The Vulnerability Scan must identify misconfigurations or vulnerabilities such as those found in the OWASP Top Ten and must detail the certainty level of each finding.

Unless expressly indicated in writing, the State assumes all price estimates and bids are for the delivery and support of deliverables that will pass Vulnerability Scans. If the State determines that any aspect of the deliverable has security vulnerabilities that must be corrected, the State will inform the offeror of the nature of the issue and the offeror will be required to respond in writing regarding mitigation plans for the security vulnerabilities. If the deliverable does not pass the initial Vulnerability Scan or the offeror cannot provide a satisfactory Vulnerability Scan report, additional scans may be required to confirm the deliverable is secure.

State Hosted: For state hosted web-based deliverables, the Vulnerability Scan will be performed by the State and the offeror’s proposal should take that into consideration when responding to this RFP. As a condition of the resulting contract, the state hosted web-based deliverable will have to successfully pass the Vulnerability Scan prior to the deliverable being allowed to go in a production environment. Any offeror who responds to this RFP must accept such a contract term and must factor this security requirement into the offeror’s proposal.

Vendor Hosted: For vendor hosted web-based deliverables, any offeror who makes it to the “Tech Review” stage of the RFP process must provide the State a copy of the full report of the deliverable’s most recent Vulnerability Scan, a summary will not be accepted. The offeror should mark the vulnerability report as “Confidential” if it treats such a report as confidential information. If the offeror requires a Non-Disclosure Agreement (NDA) to be in place before the State may review the Vulnerability Scan report, the offeror must notify the State of such a requirement and resolve the signing of an NDA with enough time to respond to this RFP within the timeframe.

The offeror’s Vulnerability Scan report must consist of, at a minimum:

1. The system that was evaluated,

1. The categories that were evaluated (examples: SQLi, XSS, or RCE),

1. What were the general findings,

1. Technical detail of each issue found,

1. Remediation status of enumerated issues (if any).

The cost of any Vulnerability Scans done by the offeror or the offeror’s costs associated with the State performing Vulnerability Scans must be part of the offeror’s cost proposal. Failure of a deliverable to satisfactorily pass a Vulnerability Scan may result in the offeror’s proposal being rejected.

4.2.9 Test System Requirement

The offeror must include a test system for its application deliverables to be used at the discretion of the State. All resource costs, including licensing costs, associated with keeping the test system available must be detailed in the offeror’s cost proposal. If the offeror does not include the test system costs in the offeror’s proposal, then the offeror will bear the costs. The offeror will maintain the test system as a mirror image of the production system code base.

4.2.10 Internal Processes and Procedures Requirement

The offeror must use industry standard processes and procedures, such as a software development lifecycle, when planning the development, configuration, implementation, and support of a proposed deliverable. The offeror must outline their internal processes and procedures in their proposal, including, but not limited to, alerting key stake holders (such as: Operations, Systems Support staff, Desktop Support staff, Administrators, Help Desk personnel, Client Representatives, and others) of changes that will be occurring within State or offeror resources or systems.

4.2.11 Email Domain Name Requirement

If the offeror’s proposal includes a website or a web application that generates email and is hosted by the offeror or in the State’s cloud, the proposed website or web application cannot use state email domains as the originating domain name.

4.2.12 Banned Entity Requirement

The offeror’s proposed deliverables cannot include any hardware or hardware components manufactured by Huawei Technologies Company, Nuctech, or ZTE Corporation or any subsidiary or affiliate of such entities. This includes hardware going on the State’s network as well as the offeror’s network if the offeror’s network is accessing the State’s network or accessing State data. This includes Infrastructure as a Service, Platform as a Service, or Software as a Service situations. Any company that is considered to be a security risk by the government of the United States of America under the International Emergency Economic Powers Act, in a United States appropriation bill, an Executive Order, or listed on the US Department of Commerce’s Entity List will be included in this ban.

4.2.13 Access Management Requirement

If the offeror’s proposed deliverables require accounts allowing access to State systems, then the offeror must indicate the number of the offeror’s staff or subcontractors that will require access, the level of access needed, and if these accounts will be used for remote access. These individuals will be required to use Multi-Factor Authentication (MFA). The State’s costs in providing these accounts will be a consideration when assessing the cost of the offeror’s proposal. All costs associated with providing an account to the offeror will be borne by the agency.

4.2.14 Testing Requirements

The following testing may be required:

4.2.14.1 Regression Testing – Regression testing is the process of testing changes to computer programs to make sure that the older programming still works with the new changes.

4.2.14.2 Integration Testing – Integration testing is a software development process which program units are combined and tested as groups in multiple ways. In this context, a unit is defined as the smallest testable part of an application. Integration testing can expose problems with the interfaces among program components before trouble occurs in real-world program execution. Integration testing is also known as integration and testing (I&T).

4.2.14.3 Functional Testing – Functional testing is primarily used to verify that a piece of software is meeting the output requirements of the end-user or business. Typically, functional testing involves evaluating and comparing each software function with the business requirements. Software is tested by providing it with some related input so that the output can be evaluated to see how it conforms, relates or varies compared to its base requirements. Moreover, functional testing also checks the software for usability, such as ensuring that the navigational functions are working as required. Some functional testing techniques include smoke testing, white box testing, black box testing, and unit testing.

4.2.14.4 Performance Testing – Performance testing is the process of determining the speed or throughput of an application. This process can involve quantitative tests such as measuring the response time or the number of MIPS (millions of instructions per second) at which a system functions. Qualitative attributes such as reliability, scalability and interoperability may also be evaluated. Performance testing is often done in conjunction with load testing.

4.2.14.5 Load Testing – Load testing is the process of determining the ability of an application to maintain a certain level of effectiveness under unfavorable conditions. The process can involve tests such as ramping up the number of users and transactions until the breaking point is reached or measuring the frequency of errors at your required load. The term also refers to qualitative evaluation of factors such as availability or resistance to denial-of-service (DoS) attacks. Load testing is often done in conjunction with the more general process of performance testing. Load testing is also known as stress testing.

4.2.14.6 User Acceptance Testing – User acceptance testing (UAT) is the last phase of the software testing process. During UAT, actual software users test the software to make sure it can handle required tasks in real-world scenarios, according to specifications. UAT is one of the final and critical software project procedures that must occur before newly developed or customized software is rolled out. UAT is also known as beta testing, application testing or end user testing. In some cases, UAT may include piloting of the software.

4.3 STATE HOSTED SOLUTIONS (ON-PREM OR STATE CLOUD) REQUIREMENTS

4.3.1 Virtualized Environment Requirement

The offeror should state whether its proposed solution will operate in a virtualized environment. The offeror must identify and describe all differences, restrictions, or limitations of its proposed solution with respect to operation, licensing, support, certification, warranties, and any other details that may impact its proposed solution when hosted in a virtualized environment. This information must be included with the system diagram.

4.3.2 Network Vulnerability Scan Requirement

All deliverables hosted by the State will be subject to a network vulnerability scan by the State.

4.3.3 Load Balancing Requirement

The offeror must state if its…