RFP Document.pdf

Dated 10/16/23

STATE OF SOUTH DAKOTA

(Department of Health, Healthcare Access Division)

(Cybersecurity Assessment)

PROPOSALS ARE DUE NO LATER THAN February 17, 2025

RFP #: 25-0901005-012. State POC: Lesley-Ann Pont EMAIL: lesley-ann.pont@state.sd.us

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FIRM NAME: AUTHORIZED SIGNATURE:

ADDRESS: TYPE OR PRINT NAME:

CITY/STATE: TELEPHONE NO:

ZIP (9 DIGIT): FAX NO:

E-MAIL:

PRIMARY CONTACT INFORMATION

CONTACT NAME: TELEPHONE NO:

FAX NO: E-MAIL:

1.0 GENERAL INFORMATION

1.1 PURPOSE OF REQUEST FOR PROPOSAL (RFP)

The South Dakota Department of Health (SD DOH) seeks a qualif ied partner to conduct a cybersecurity assessment. This assessment will target South Dakota Health Care Coalition (SD HCC) partners statewide across healthcare including but not limited to; long-term care, and public health sectors.

The assessment will evaluate the current operations of facilities within the coalition, focusing on current cybersecurity practices, identifying vulnerabilities, assessing risks during disasters, and examining mitigation practices and their ability to respond to and recover f rom cyberattacks. The goal is to identify gaps, available resources to support responses and provide actionable recommendations to enhance cybersecurity preparedness and resiliency. This assessment will ultimately inform the development of a comprehensive Cybersecurity Plan for the SD HCC, and support future hazard-specif ic planning, training, and exercises with public health preparedness partners.

The ideal partner will have expertise in healthcare cybersecurity (including operating systems and medical equipment), healthcare coalitions, public health, healthcare emergency management, and healthcare facility operations.

Please be advised that there is a similar RFP (#25-0901005-013 - Extended Downtime Health Care Delivery Impact Assessment) that contains overlapping elements. As such, Respondents are encouraged to submit proposals to both RFPs if appropriate.

1.2 ISSUING OFFICE AND RFP REFERENCE NUMBER

The Off ice of Public Health Preparedness and Response, Health Care Access Division is the issuing of f ice for this document and all subsequent addenda relating to it, on behalf of the State of South Dakota. The reference number for the transaction is RFP #25-0901005-012. This number must be referred to on all proposals, correspondence, and documentation relating to the RFP.

1.3 SCHEDULE OF ACTIVITIES (SUBJECT TO CHANGE)

RFP Publication 1/17/2025 Offeror Questions Due Responses to Of feror Questions

1/23/202 2/3/2025

Proposal Submission 2/17/2025 Anticipated Award Decision/Contract Negotiation 2/27/2025

1.4 SUBMITTING YOUR PROPOSAL

All proposals must be completed and received via email by the date and time indicated in the Schedule of Activities.

Proposals received af ter the deadline will be late and ineligible for consideration.

The bidder may submit one electronic original of the proposal of the proposal to be received by the Department no later than f ive days of the date and time indicated in the Schedule of Activities.

All proposals must be signed by an of f icer of the responder legally authorized to bind the responder to the proposal on the form intended by the respondent. If the bidder chooses to submit an electronic copy, an electronic signature may be provided. Proposals that are not properly signed may be rejected. The sealed envelope should be marked with the appropriate RFP Number and Title. Proposals should be addressed and labeled as follows:

REQUEST FOR PROPOSAL #25-0901005-012

PROPOSAL DUE February 17, 2025 STATE POC Lesley-Ann Pont

No proposal shall be accepted f rom, or no contract or purchase order shall be awarded to any person, f irm 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.

1.5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS

Bidders submitting a response to the Department’s RFP make each of the following certifications.

By signing and submitting this proposal, the of feror certif ies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded f rom participation, by any Federal department or agency, f rom transactions involving the use of Federal funds. Where the of feror is unable to certify to any of the statements in this certif ication, the bidder shall attach an explanation to their of fer.

1.6 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 of feror certif ies they do not discriminate in their employment practices with regard to race, color, creed, religion, age, sex, ancestry, national origin or disability.

1.7 BUSINESS WITH A 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 of feror certif ies and agrees that the following information is correct:

The bidder or of feror, in preparing its response or of fer or in considering proposals submitted f rom qualif ied, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcont ractor, is not an 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 f rom China, Iran, North Korea, Russia, Cuba, or Venezuela, as def ined by SDCL 5-18A. It is understood and agreed that, if this certif ication is false, such false certif ication will constitute grounds for the State to reject the bid or response submitted by the bidder or of feror on this project and terminate any contract awarded based on the bid or response. The successful bidder or of feror 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 certif ication and agrees such noncompliance may be grounds for contract termination.

1.8 BUSINESS THAT BOYCOTTS PERSON OR ENTITY OF ISRAELI ORIGIN

For contractors, vendors, suppliers, or subcontractors with f ive (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 of feror certif ies and agrees that the following information is correct:

The bidder or of feror, in preparing its response or of fer or in considering proposals submitted from qualif ied, 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 of fer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specif ic intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certif ication is false, such false certif ication will constitute grounds for the State to reject the bid or resp onse submitted by the bidder or of feror on this project and terminate any contract awarded based on the bid or response. The successful bidder or of feror 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 certif ication and agrees such noncompliance may be grounds for contract termination.

1.9 CERTIFICATION OF NO STATE LEGISLATOR INTEREST

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 thereaf ter, 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, Of feror hereby certif ies that the Agreement is not made in violation of the South Dakota Constitution Article 3, Section 12.

1.10 MODIFICATION OR WITHDRAWAL OF PROPOSALS

Proposals may be modif ied or withdrawn by the of feror prior to the established due date and time.

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

In the event the winning proposer’s contract is withdrawn or terminated for any reason, the State reserves the right to revisit the selection of the RFP, and select the next highest scoring qualif ied bidder, subject to the condition that the of fer, as made in the bid, is still valid f rom the bidder.

1.11 OFFEROR INQUIRIES

Offerors may email inquiries concerning this RFP to obtain clarif ication of requirements. No inquiries will be accepted af ter the date and time indicated in the Schedule of Activities . Inquiries must be emailed to Lesley-Ann Pont at lesley-ann.pont@state.sd.us with the subject line “RFP #25-0901005-012”.

The State will to respond to of feror’s inquiries (if required) via e-mail. In addition, all inquiries and the State’s response will be posted on the state’s e-procurement system. Of ferors may not rely on any other statements, either of a written or oral nature, that alter any specif ication or other term or condition of this RFP. Of ferors will be notif ied in the same manner as indicated above regarding any modif ications to this RFP.

1.12 PROPRIETARY INFORMATION

The proposal of the successful offeror(s) becomes public information. Proprietary information can be protected under limited circumstances such as client lists , non-public f inancial statements, personnel information other than salaries and routine directory information, f inancial information supplied for qualifying for a bid submitted to the department .

If the bidder desires to protect proprietary or trade information, the bidder shall mark that information in the RFP as proprietary or trade information. It may be contained in a single section or marked by the use of font, size, or markings. An entire proposal may not be marked as proprietary. The Executive Summary must contain specif ic justif ication explaining why the information is to be protected. The Department staf f will review what information is claimed to be proprietary or trade information and make discretionary decisions regarding its protection under the Public Records Act. All materials submitted become the property of the State of South Dakota and may be returned only at the State's option.

1.13 LENGTH OF CONTRACT

Anticipated contract date is March 1, 2025 - June 30, 2025

1.14 DISCUSSIONS WITH OFFERORS (ORAL PRESENTATION/NEGOTIATIONS)

An oral presentation by an of feror to clarify a proposal may be required at the sole discretion of the State. However, the State may award a contract based on the initial proposals received without discussion with the Offeror. If oral presentations are required, they will be scheduled af ter the submission of proposals. Oral presentations will be made at the of feror’s expense.

This process is a Request for Proposal/Competitive Negotiation process. Each Proposal shall be evaluated, and each respondent shall be available for negotiation meetings at the State’s request.

The State reserves the right to negotiate on any and/or all components 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 conf idential. The negotiation discussions will also be held as conf idential until such time as the award is completed.

2.0 STANDARD CONTRACT TERMS AND CONDITIONS

Any contract or agreement resulting f rom this RFP will include the State’s standard terms and conditions as listed below, along with any additional terms and conditions as negotiated by the parties:

In the RFP response the bidder should provide some indication whether the terms are acceptable if negotiation is required or the terms are unacceptable. The State reserves the right to disqualify the bidder based upon terms it deems “NOT AGREEABLE” or if negotiation does not yield an acceptable agreement by the state. These indications assist the parties draf t a contract more quickly upon selection.

Agreeable Negotiable Not Agreeable

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 shall commence on 1 March 2025 and end on 30 June 2025, unless sooner terminated pursuant to the terms hereof .

2.3 The Contractor will not use State equipment, supplies or facilities.

The Contractor will provide the State with its Employer Identif ication Number, Federal Tax Identif ication 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 TOTAL CONTRACT AMOUNT is an amount not to exceed $ . 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 ch. 5-26

2.5 The Contractor agrees to indemnify and hold the State of South Dakota, its of f icers, agents and employees, harmless f rom and against any and all actions, suits, damages, liability or other proceedings that may arise as the result of performing services hereunder. This section does not require the Contractor to be responsible for or defend against claims or damages arising solely f rom errors or omissions of the State, its of f icers, agents or employees

2.6 The Contractor, at all times during the term of this Agreement, shall obtain and maintain in force insurance coverage of the types and with the limits as follows:

A. Commercial General Liability Insurance:

The Contractor shall maintain occurrence based commercial general liability insurance or equivalent form with a limit of not less than $1,000,000.00 for each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two times the occurrence limit.

B. Professional Liability Insurance or Miscellaneous

Professional Liability Insurance:

The Contractor agrees to procure and maintain professional liability insurance or miscellaneous professional liability insurance with a limit not less than $1,000,000.00.

C. Business Automobile Liability Insurance:

The Contractor shall maintain business automobile liability insurance or equivalent form with a limit of not less than $1,000,000.00 for each accident. Such insurance shall include coverage for owned, hired and non-owned vehicles.

D. Worker’s Compensation Insurance:

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

Before beginning work under this Agreement, Contractor shall furnish the State with properly executed Certif icates of Insurance which shall 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 certif icate of insurance showing continuous coverage in the amounts required.

Contractor shall furnish copies of insurance policies if requested by the State.

2.7 While performing services hereunder, the Contractor is an independent contractor and not an of f icer, agent, or employee of the State of South Dakota.

2.8 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. Contractor shall report any such event to the State immediately upon discovery.

Contractor's obligation under this section shall 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. Contractor's obligation to report shall 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 shall not excuse or satisfy any obligation of 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 hereof , this Agreement may be terminated by the State at any time with or without notice. If termination for such a default is affected by the State, any payments due to Contractor at the time of termination may be adjusted to cover any additional costs to the State because of Contractor's default.

Upon termination the State may take over the work and may award another party an agreement to complete the work under this Agreement. If af ter the State terminates for a default by Contractor it is determined that Contractor was not at fault, then the Contractor shall 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 f rom 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. Termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State.

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 shall be expressly identified as a part hereof and be signed by an authorized representative of each of the parties hereto.

2.12 This Agreement shall be governed by and construed in

accordance with the laws of the State of South Dakota. Any lawsuit pertaining to or af fecting this Agreement shall be venued in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

2.13 The Contractor will comply with all federal, state and local laws, regulations, ordinances, guidelines, permits and requirements applicable to providing services pursuant to this Agreement, and will be solely responsible for obtaining current information on such requirements.

2.14 The Contractor may not use subcontractors to perform the services described herein 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 benef it of the State in a manner consistent with this Agreement. The Contractor will cause its subcontractors, agents, and employees to comply, with applicable federal, state and local laws, regulations, ordinances, guidelines, permits and requirements and will adopt such review and inspection procedures as are necessary to assure such compliance.

2.15 Contractor hereby acknowledges and agrees that all reports, plans, specif ications, technical data, miscellaneous drawings, sof tware system programs and documentation, procedures, or f iles, operating instructions and procedures, source code(s) and documentation, including those necessary to upgrade and maintain the sof tware program, and all information contained therein provided to the State by the Contractor in connection with its performance of services under this Agreement shall 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, sof tware 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.

2.16 The Contractor certif ies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment or suspension, or declared ineligible f rom 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 f rom participating in transactions by the federal government, or by any state or local government department or agency.

2.17 Any notice or other communication required under this Agreement shall be in writing and sent to the address set forth above.

Notices shall be given by and to Lesley-Ann Pont on behalf of the State, and by ________________, on behalf of the Contractor, or such authorized designees as either party may f rom time to time designate in writing. Notices or communications to or between the parties shall be deemed to have been delivered when mailed by f irst class mail, provided that notice of default or terminatio n shall be sent by registered or certif ied mail, or, if personally delivered, when received by such party.

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

2.19 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 specif ically provided herein, this Agreement constitutes the entire agreement with respect to the subject matter hereof .

2.20 Venue for any and all legal action regarding or arising out of the transaction covered herein shall be solely in the State of South Dakota. The laws of South Dakota shall govern this transaction.

3.0 SCOPE OF WORK

The mission of the South Dakota Department of Health's Of f ice of Public Health Preparedness and Response is to develop and maintain the relationships, inf rastructure, and expertise necessary to prepare for and respond to public health emergencies. This proposal request aims to comprehensively assess South Dakota's vulnerability to potential cybersecurity events and their impact on healthcare and emergency medical services while recommending best management practices to mitigate this risk.

The assessment should evaluate the current operations of facilities within the SD Healthcare Coalition, focusing on cybersecurity practices and systems including but not limited to; healthcare, long-term care, and public health.

It will identify vulnerabilities, assess the potential impact of cyber incidents, and evaluate service risks during disasters. The assessment should also examine the ability of these facilities to respond to and recover f rom cyberattacks, identify gaps in existing cybersecurity protocols, and of fer recommendations to improve preparedness and resiliency.

The assessment should also review current mitigation strategies and response practices and recommend further strategies for addressing priority areas. It will identify available resources at the coalition, state, or regional level to support responses to extended downtime events. It will also explore how healthcare partners can maintain critical care and escalate concerns for additional support.

The results of this assessment will inform the development of a comprehensive Cybersecurity Plan, guiding future planning, training, and exercises to strengthen healthcare's cybersecurity posture and response capabilities.

• Partner Engagement o Engage key informants through virtual meetings to gather insights into their experiences, challenges, perspectives, and recommendations regarding the impact of cybersecurity -related events on healthcare.

• Comprehensive Risk Assessment o Evaluate South Dakota's vulnerability to cybersecurity events and their impact on healthcare, emergency services, and public health.

o Assess cybersecurity practices and systems that align with the Healthcare and Public Health (HPH) Sector-Specif ic Cybersecurity Performance Goals (CPGs) to enhance preparedness and resiliency (https://hhscyber.hhs.gov/performance-goals.html).

o Analyze the potential impact of a cyber incident on communities most af fected by disasters and at-risk individuals.

o Identify gaps in cybersecurity practices based on the HPH Sector-Specif ic CPGs and recommend mitigation strategies to improve preparedness and resiliency.

o Identify healthcare services most vulnerable to cybersecurity events. Services include Electronic Healthcare Record (HER) systems, medical devices, pharmacy and lab systems, telemedicine platforms, billing and payment systems, patient portals, etc.

o Develop immediate and long-term action plans to minimize disruptions during a potential cybersecurity event.

• Final Assessment Report o Provide a f inal report that includes assessment f indings, a vulnerability list of critical services, and recommended mitigation strategies to address cybersecurity risks.

o Present the assessment f indings and action plan to the South Dakota Department of Health to inform future planning and response ef forts.

4.0 PROPOSAL REQUIREMENTS AND COMPANY QUALIFICATIONS

4.1 The of feror is cautioned that it is the of feror's sole responsibility to submit information related to the evaluation categories and that the State of South Dakota is under no obligation to solicit such information if it is not included with the proposal. The of feror's failure to submit such information may cause an adverse impact on the evaluation of the proposal.

4.2 Offeror's Contacts: Of ferors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf ) must direct all of their questions or comments regarding the RFP, the evaluation, etc. to the buyer of record indicated on the f irst page of this RFP. Of ferors 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/or exclusion f rom specif ic procurements. Of ferors and their agents who have questions regarding this matter should contact the buyer of record.

https://hhscyber.hhs.gov/performance-goals.html

4.3 Provide the following information related to at least three previous and current service/contracts, performed by the of feror’s organization, which are similar to the requirements of this RFP.

a. Name, address and telephone number of client/contracting agency and a representative of that agency who may be contacted for verif ication of all information submitted;

b. Dates of the service/contract; and

c. A brief , written description of the specif ic prior services performed and requirements thereof .

5.0 PROPOSAL RESPONSE FORMAT

5.1 An electronic original shall be submitted to the Department.

5.1.1 The of feror shall provide an electronically formatted copy of their proposal via email by the due date.

5.1.2 The proposal shall be page numbered and should have an index and/or a table of contents referencing the appropriate page number.

5.2 REQUIRED ORGANIZATION OF EACH PROPOSAL

All proposals must be organized, tabbed with labels and presented in this exact order:

5.2.1 RFP Form. The State’s Request for Proposal form (1st page of RFP) completed and signed.

5.2.2 Executive Summary. The one-to-two-page executive summary is to brief ly describe the of feror's proposal. This summary should highlight the major features of the proposal. It must indicate any requirements that cannot be met by the of feror. The reader should be able to determine the essence of the proposal by reading the executive summary.

Proprietary information requests should be identif ied in this section.

5.2.3 Detailed Response. This section should constitute the major portion of the proposal and must contain at least the following information:

5.2.3.1 A complete narrative of the of feror's assessment of the work to be performed, the of feror’s ability and approach, and the resources necessary to fulf ill the requirements. This should demonstrate the of feror's understanding of the desired overall performance expectations.

5.2.3.2 A specif ic point-by-point response, in the order listed to each requirement in the

RFP. The response should identify each requirement being addressed as enumerated in the RFP.

5.2.3.3 A clear description of any options or alternatives proposed.

5.2.4 Cost Proposal. Cost will be evaluated independently f rom the technical proposal.

Of ferors may submit multiple cost proposals. All costs related to the provision of the required services must be included in each cost proposal of fered.

See section 7.0 for more information related to the cost proposal.

5.2.5 Experience and reliability of the of feror's organization are considered subjectively in the evaluation process. Therefore, the of feror is advised to submit any information which documents successful and reliable experience in past performances, especially those performances related to the requirements of this RFP.

5.2.6 The qualif ications of the personnel proposed by the of feror to perform the requirements of this RFP, whether f rom the of feror's organization or f rom a proposed subcontractor, will be subjectively evaluated. Therefore, the of feror should submit detailed inf ormation related to the experience and qualif ications, including education and training, of proposed personnel.

6.0 PROPOSAL EVALUATION AND AWARD PROCESS

6.1 After determining that a proposal satisf ies the mandatory requirements stated in the Request for Proposal, the evaluator(s) shall use subjective judgment in conducting a comparative assessment of the proposal by considering each of the following criteria:

6.1.1 Specialized expertise, capabilities, and technical competence as demonstrated by the proposed approach and methodology to meet the project requirements;

6.1.2 Resources available to perform the work, including any specialized services, within the specif ied time limits for the project;

6.1.3 Record of past performance, including price and cost data f rom previous projects, quality of work, ability to meet schedules, cost control, and contract administration;

6.1.4 Availability to the project locale;

6.1.5 Familiarity with the project locale;

6.1.6 Proposed project management techniques; and

6.1.7 Ability and proven history in handling special project constraints.

6.2 Experience and reliability of the of feror's organization are considered subjectively in the evaluation process. Therefore, the of feror is advised to submit any information which documents successful and reliable experience in past performances, especially those performances related to the requirements of this RFP.

6.3 The qualif ications of the personnel proposed by the of feror to perform the requirements of this RFP, whether f rom the of feror's organization or f rom a proposed subcontractor, will be subjectively evaluated. Therefore, the of feror should submit detailed information related to the experience and qualif ications, including education and training, of proposed personnel.

6.4 The State reserves the right to reject any or all proposals, waive technicalities, and make award(s) as deemed to be in the best interest of the State of South Dakota.

6.5 Award: The requesting agency and the highest ranked of feror shall mutually discuss and ref ine the scope of services for the project and shall negotiate terms, including compensation and performance schedule.

6.5.1 If the agency and the highest ranked of feror are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to the agency, the agency shall, either orally or in writing, terminate negotiations with the contractor. The agency may then negotiate with the next highest ranked contractor.

6.5.2 The negotiation process may continue through successive of ferors, according to agency ranking, until an agreement is reached, or the agency terminates the contracting process.

6.5.3 If the agency negotiates a contract with any qualif ied vendor and the contract is terminated for any cause it may return to this bid and negotiate a contract with a qualif ied bidder.

7.0 COST PROPOSAL

Provide a detailed budget that includes all costs related to the provision of the required services.