RFP Document.pdf

STATE OF SOUTH DAKOTA

RURAL HEALTH TRANSFORMATION

DEPARTMENT OF HEALTH

600 EAST CAPITOL AVENUE

PIERRE, SD 57501

DSS Rural Health Transformation – South Dakota Behavioral Health Modernization (CCBHC) Systems Evaluation and

Technology Roadmap PROPOSALS ARE DUE NO LATER THAN APRIL 17th, 2026, at 5PM CT

RFP # 26- RHT-015 State POC: Kirsten Blachford EMAIL: Kirsten.Blachford@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

1.2

1.3

PURPOSE OF REQUEST FOR PROPOSAL (RFP)

The Rural Health Transformation initiative is a statewide effort focused on strengthening rural healthcare systems and improving access to quality care across South Dakota. Through strategic investments, innovative care models, and cross-agency collaboration, Rural Health Transformation is designed to build a more resilient, connected, and sustainable rural health system for communities across the state.

South Dakota’s Focus Area of Transforming Systems for Sustainability includes expanding Certified Community Behavioral Health Clinics (CCBHCs) in South Dakota, led by the Department of Social Services, Division of Behavioral Health (DBH). The DBH is seeking a qualified vendor to assist in evaluating the current billing, data collection, and reporting systems of DBH, South Dakota Medicaid, and identified providers working toward CCBHC certification or becoming a Designated Collaborating Organization (DCO) and providing a technology roadmap that supports South Dakota and provider systems to function with CCBHC data collection, reporting, and billing.

ISSUING OFFICE AND RFP REFERENCE NUMBER

The Division of Behavioral Health is the issuing office for this document and all subsequent addenda relating to it, on behalf of the State of South Dakota, Department of Social Services. The reference number for the transaction is RFP26- RHT-015. This number must be referred to on all proposals, correspondence, and documentation relating to the RFP.

LETTER OF INTENT

All interested offerors are requested to submit a non-binding Letter of Intent to respond to this RFP. While preferred, a Letter of Intent is not mandatory to submit a proposal.

Be sure to reference the RFP number in your letter.

The Letter of Intent may be submitted to Kirsten Blachford via email at Kirsten.Blachford@state.sd.us no later than March 16th, 2026. Please place the following in the subject line of your email: “Letter of Intent for RFP26- RHT-015.

1.4 SCHEDULE OF ACTIVITIES (SUBJECT TO CHANGE)

RFP Publication 03/06/2026 Letter of Intent to Respond Due Offeror Questions Due

03/16/2026 03/27/2026

Responses to Offeror Questions Request for SFTP folder

04/02/2026 04/16/2026

Proposal Submission 04/17/2026 Oral Presentations/Discussions (if required) Proposal Revisions (if required)

TBD

TBD

Anticipated Award Decision/Contract Negotiation 05/08/2026

1.5 SUBMITTING YOUR PROPOSAL

All proposals must be completed and received in the Department of Social Services by the date and time indicated in the Schedule of Activities.

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

Proposals must be submitted as PDFs via Secured File Transfer Protocol (SFTP). Offerors must request an SFTP folder no later than the date indicated in the Schedule of Activities by emailing Kirsten Blachford at Kirsten.Blachford@state.sd.us.

The subject line should read “RFP26-08RHT-01 SFTP Request”. The email should contain the name and the email of the person who will be responsible for uploading the document(s).

Please note, offeror will need to work with their own technical support staff to set up an SFTP compatible software on offeror’s end. While the State of South Dakota can answer questions, State of South Dakota is not responsible for the software required.

All proposals may be signed in ink or digitally by an officer of the offeror legally authorized to bind the offeror to the proposal and sealed in the form intended by the respondent. Proposals that are not properly signed may be rejected.

No proposal may be accepted from, or any contract or purchase order 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.

1.6 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 bidder shall attach an explanation to their offer.

1.7 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.

1.8 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 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 from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by SDCL 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.

1.9 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.

1.10 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.

1.11 OFFEROR INQUIRIES

Offerors may email inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Schedule of Activities. Inquiries must be emailed to Kirsten Blachford at Kirsten.Blachford@state.sd.us with the subject line “RFP26- RHT-015”.

The State will respond to offeror’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 and the DSS website at http://dss.sd.gov/keyresources/rfp.aspx. Offerors 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. Offerors will be notified in the same manner as indicated above regarding any modifications 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 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.

1.13 LENGTH OF CONTRACT

The contract resulting from this RFP should conclude in February 2027. Additional options for extending this work may be authorized after the period of performance if the state has ongoing needs for CCBHC technology roadmaps.

1.14 GOVERNING LAW

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.

1.15 DISCUSSIONS WITH OFFERORS (ORAL PRESENTATION/NEGOTIATIONS)

An oral presentation by an offeror 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 after the submission of proposals.

Oral presentations will be made at the offeror’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 confidential. The negotiation discussions will also be held as confidential until such time as the award is completed.

2.0 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 along with the State’s standard Information Technology (“IT”) contract terms included as Attachment A, and any additional terms and conditions as negotiated by the parties:

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 ___ and end on ___, 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 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 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 officers, agents and employees, harmless from 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 from errors or omissions of the State, its officers, 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 Certificates 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 certificate 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 officer, 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 effected 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 after 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 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. 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 affecting 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 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, 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, 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 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, 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.

2.16 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.

2.17 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 ___ on behalf of the State, and by ___, 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 shall be deemed to have been delivered when mailed by first class mail, provided that notice of default or termination shall be sent by registered or certified 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 specifically provided herein, this Agreement constitutes the entire agreement with respect to the subject matter hereof.

2.20 This contract is supported by the Centers for Medicare & Medicaid Services (CMS) of the U.S.

Department of Health and Human Services (HHS) as part of a financial assistance award totaling $___ with 100 percent funded by CMS/HHS. The contents are those of the author(s) and do not necessarily represent the official views of, nor an endorsement, by CMS/HHS, or the U.S. Government.

3.0 SCOPE OF WORK

The Department of Social Services, Division of Behavioral Health (DBH) is seeking a qualified vendor to assist in evaluating DBH’s current system for billing, data collection, and reporting to develop a required technology roadmap to function with CCBHC data collection, reporting, and billing in mind. This work should be inclusive of items that streamline work, such as data sharing between EHRs, state systems, and EHRs to state systems. The end result of the project should include detailed directions, recommendations, timelines, and estimated effort for full CCBHC and DCO synergy. The following systems will be reviewed as part of this project:

State Treatment Activity Reporting System (STARS), Medical Services’ Medicaid Management Information System (MMIS), Up to each (11) Community Mental Health Center’s Electronic Health Record (EHR) systems, and Other select provider EHRs that are eligible or interested in Certified Community Behavioral Health Clinic

(CCBHC) certification or becoming a Designated Collaborating Organization (DCO)

DBH is looking to initiate the project beginning May 8, 2026, and complete the primary deliverables of the project by February 28, 2027. Should an extension be granted from the federal funding authority, vendors can anticipate an extension to the timeline associated with this Scope of Work if needed.

Upon contract initiation, DBH will provide the selected vendor with a) a list of CCBHC Cohort providers; b) access as needed to STARS, MMIS and other systems as deemed appropriate.

Applicants should demonstrate understanding, experience and expertise regarding CCBHC and DCO data collection, reporting, and payment best practices, including experience working with state Medicaid systems and providers, including various EHRs. The selected vendor must ensure compliance with federal Centers for Medicare & Medicaid Services (CMS) guidelines, HIPAA, and applicable South Dakota Department of Social Services (DSS) and South Dakota Medicaid policies. All data sharing must follow state IT security standards, including encryption and secure transfer protocols.

The selected vendor will participate in stakeholder engagement with the state and providers as requested by DBH and may be asked to deliver presentations regarding data gathering, evaluation, analysis and recommendations.

Implementation of CCBHC data collection, reporting, and billing technology road mapping efforts will be conducted by the consultant in conjunction with the state team as appropriate. The State expects the selected Vendor to develop and submit a Final Report no later than February 2027, inclusive of the following information:

• Executive summary.

• Background and purpose.

• Methodology and findings including a summary matrix of research of other states’ methodologies.

• Fiscal impact analysis of proposed solutions

• A comprehensive assessment of state’s current technology infrastructure as it relates to the project and any technology gaps identified

• Recommendations for provider education about recommended EHR solutions

• Recommendations for specific system changes needed to support the CCBHC and DCO model

3.1 Project Approach

3.1.1 Applicants must provide a narrative describing their overall approach to completing the Scope of Work outlined in Section 3.0 in the timeline available for the work.

3.1.2 Applicants are expected to demonstrate in their response two potential paths for CCBHC data collection, reporting, and billing. The first being CCBHC with Medicaid as the payer source via a PPS rate. The second being Medicaid and state funded for those that are income qualified, but not Medicaid eligible to have the same PPS rate applied alongside data collection and reporting.

3.1.3 Vendors must provide a narrative describing their familiarity with providing the requested Scope of Work in similar settings to South Dakota, which work with agencies providing services across large geographical regions in predominantly rural settings.

3.1.4 Applicants must outline a change management strategy to support provider and state adoption of new processes and systems.

3.2 Conduct Data Gathering Activities

Vendor will create and implement data gathering methods to obtain pertinent information from public and private providers of care that will be working towards CCBHC certification. All gathered data will remain the property of DBH after the completion of this project and will be used for the sole intent of this project unless otherwise approved in writing by DBH.

Proposals must provide responses or acknowledgement of the following requirements:

3.2.1 Proposed plan of data gathering methods.

3.2.2 Proposed implementation of data gathering methods and timeline to accomplish.

3.2.3 Vendor must ensure all data gathering activities comply with HIPAA and state privacy regulations.

Vendor must describe secure methods for data collection, storage, and transfer.

3.3 Recommendation for Data collection, reporting, and billing Vendor will provide recommendations for data collection, reporting, and billing options that best meet the needs of South Dakota. Proposals must provide responses or acknowledgements of the following:

3.3.1 Identification of the recommended data collection, reporting, and billing methodology for scope of service elements that best meets the needs of South Dakota and rationale for that recommendation.

3.3.2 Planned approach to assessing the impact of CCBHC data collection, reporting, and billing changes.

3.3.3 Provide action plans for each identified provider, STARS, and MMIS to account for CCBHC data collection, reporting, and billing.

3.3.4 Planned approach to recommending each CCBHC data collection, reporting, and billing solution.

3.3.5 Vendor must propose measurable performance indicators (e.g., data accuracy, timeliness, provider adoption) and describe how these will be monitored. Vendor must also include recommendations for provider training and education to ensure successful implementation of proposed solutions.

3.4 Project Management

RFP proposals must explain the vendor’s project management techniques and processes to include, at minimum, the following requirements:

3.4.1 A Preliminary Project Work Plan that describes the technical approach and steps to be taken in partnership with the State and agencies considering CCBHC certification.

3.4.2 A project management plan inclusive of regular, periodic project status reports and recommended intervals for those discussions.

3.4.3 RFP proposals must specify how the vendor intends to share data, reports, and other information such as utilization of a vendor provided portal, dashboard, or SharePoint or equivalent. The State typically prefers to utilize its licensed SharePoint or Teams site but will discuss as needed with selected vendor.

3.5 Additional Proposal Requirements

3.5.1 Proposal must include vendor’s availability to travel to South Dakota and timing by which the Vendor proposes doing so. It is expected that project work activities can occur completely remotely;

however, travel to South Dakota may be deemed necessary and required as determined by the State.

3.5.2 Proposals must describe the offeror’s resources available to perform the work, including any specialized services, within the specified time limits for this project.

3.5.3 Proposals must include names, resumes, and specialized expertise of key project staff.

4.0 PROPOSAL REQUIREMENTS AND COMPANY QUALIFICATIONS

4.1 The offeror is cautioned that it is the offeror'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 offeror's failure to submit such information may cause an adverse impact on the evaluation of the proposal.

4.2 Offeror's Contacts: Offerors 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 first page of 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/or exclusion from specific procurements. Offerors and their agents who have questions regarding this matter should contact the buyer of record.

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

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

4.3.2 Dates of the service/contract; and

4.3.3 A brief, written description of the specific prior services performed and requirements thereof.

4.4 The offeror may be required to submit a copy of their most recent independently audited financial statements.

4.5 If an offerors proposal is not accepted by the State, the proposal will not be reviewed/evaluated. Examples include: Proposal was not received on time. Proposal was not signed. Electronic file was not provided.

5.0 PROPOSAL RESPONSE FORMAT

5.1 Only a PDF copy shall be submitted via SFTP folder.

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

5.2 All proposals must be organized and tabbed with labels for the following headings:

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 briefly describe the offeror's proposal. This summary should highlight the major features of the proposal. It must indicate any requirements that cannot be met by the offeror. The reader should be able to determine the essence of the proposal by reading the executive summary. Proprietary information requests should be identified 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 offeror's assessment of the work to be performed, the offeror’s ability and approach, and the resources necessary to fulfill the requirements.

This should demonstrate the offeror's understanding of the desired overall performance expectations.

5.2.3.2 A specific 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 from the technical proposal. Offerors may submit multiple cost proposals. All costs related to the provision of the required services must be included in each cost proposal offered.

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

5.2.5 Disclosure of RHT Funding (2 pages or less single spaced)

5.2.5.1 Disclose any other RHT funding applied for with the state of South Dakota and any potential duplication between this application and other funding.

5.2.5.2 Disclose any other RHT funding applied for with another state and any potential duplication between this application and other funding.

6.0 PROPOSAL EVALUATION AND AWARD PROCESS

6.1 After determining that a proposal satisfies 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 specified time limits for the project;

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

6.1.4 Proposed project management techniques;

6.1.5 Availability to the project locale;

6.1.6 Familiarity with the project locale; and

6.1.7 Ability and proven history in handling special project constraints;

6.1.8 Cost proposal.

6.2 Experience and reliability of the offeror's organization are considered subjectively in the evaluation process.

Therefore, the offeror 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 qualifications of the personnel proposed by the offeror to perform the requirements of this RFP, whether from the offeror's organization or from a proposed subcontractor, will be subjectively evaluated. Therefore, the offeror should submit detailed information related to the experience and qualifications, 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 offeror shall mutually discuss and refine 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 offeror 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 offerors, according to agency ranking, until an agreement is reached or the agency terminates the contracting process.

6.5.3 Only the response of the vendor awarded work becomes public. Responses to work orders for vendors not selected and the evaluation criteria and scoring for all proposals are not public.

Vendors may submit a redacted copy with the full proposal as stated in Section 1.12 Proprietary Information. SDCL 1-27-1.5 and See SDCL 1-27-1.5 and 1-27-1.6.

7.0 COST PROPOSAL

7.1 Overview

Cost will be evaluated independently from the technical proposal. All costs related to the provision of the required services must be included in each cost proposal offered. Offerors may submit multiple cost proposals.

The offeror must submit a statement in their proposal attesting to their willingness and ability to perform the work described in this RFP for the price being offered. Proposals submitted without a detailed cost proposal as outlined below will not be considered.

7.2 Phase-Based Cost Structure

The cost proposal must be organized by project phase and aligned with the systems to be reviewed outlined in the Scope of Work. For each phase, offerors should include a detailed breakdown of the following:

- One-time implementation costs (e.g., software, configuration, integration, training).

- Costs for sandbox or pilot testing environments, if not included in recurring services.

- Costs per EHR reviewed

Vendors should also include in their cost proposal any additional items, services, or considerations not explicitly listed in the RFP that they deem necessary to successfully implement, operate, or sustain the IT implementation Roadmap. These should be clearly labeled and explained to ensure full transparency and allow the State to assess their relevance and value.

7.3 Additional Work Requirements

The offeror may be expected to perform additional work as required by any of the State signatories to the contract. This work may be a condition for the system to move into production and must not be treated as a chargeable project change if it involves:

- Correction of security vulnerabilities

- Resolution of unmet functional or technical requirements

- Remediation of unsupported third-party technologies

- Reduction of excessive resource consumption or performance issues

- The cost for addressing these issues must be included in the overall cost proposal and not presented as an optional or billable enhancement.

7.4 Format Requirements

The Cost Proposal must be submitted in a separate, clearly labeled file named: Cost Proposal - [Vendor Name] The file must include:

- A narrative cost explanation describing assumptions and key pricing factors

- A detailed, itemized budget in spreadsheet format (Excel or equivalent).

7.5 Examples of Tables

Below are examples of tables intended to illustrate the level of detail and organization expected in vendor responses. These examples are provided for reference only and are not intended to be exhaustive, prescriptive, or binding. Offerors are encouraged to adapt the format as needed to best represent their proposed solution-so long as all required components are clearly addressed and align with the Scope of Work and Cost Proposal sections of this RFP.

7.5.1 Staffing

Name Role Total Hours on Project Total Hours on Site

Hourly Rate Total

Total:

7.5.2 Travel and Expenditure Table

Name Method of Travel

Cost per Trip Number of Trips Total Cost

Total:

Name Lodging Cost per Night

Number of Nights

Lodging Cost

Per diem

Number of Days

Per diem Cost

Total Cost

Totals:

NOTE: The State asks that vendors accept state per diem. Lodging and per diem rates can be found at https://bhr.sd.gov/files/travelrates.pdf.

7.5.3 Other Costs

Show any other costs such as software, hardware, ongoing costs, etc.

One Time Year 1 Year 2 Year 3 Totals Hardware Software Maintenance License Fees Training Other

Totals:

Attachment A Bureau of Information and Telecommunications

Required IT Contract Terms

Pursuant to South Dakota Codified Law § 1-33-44, the Bureau of Information and Telecommunications ("BIT") oversees the acquisition of office systems technology, software, and services; telecommunication equipment, software, and services; and data processing equipment, software, and services for departments, agencies, commissions, institutions, and other units of state government. As part of its duties as the Executive Branch’s centralized IT agency, BIT requires the contract terms and conditions of this Attachment A. For purposes of this Attachment, [Other Party Name] will be referred to as the “Vendor.”

It is understood and agreed to by all parties that BIT has reviewed and approved only this Attachment. Due to the ever-changing security and regulatory landscape in IT and data privacy, before renewal of this Agreement BIT must review and approve the clauses found in this Attachment as being the then current version of the clauses and if any additional required clauses are needed. Changes to clauses in this Attachment must be approved in writing by all parties before they go into effect and a renewal of this Agreement is possible.

In the event of any inconsistency or conflict between the terms of this Attachment and the terms of the main body of the Agreement or any other exhibit or attachment to the Agreement, the terms of this Attachment will take precedence.

The Parties agree, when used in this Attachment, the term “Vendor” will mean the Vendor and the Vendor’s employees, subcontractors, agents, assigns, and affiliated entities.

Section I. Confidentiality of Information For purposes of this paragraph, “State Proprietary Information” will include all information disclosed to the Vendor by the State. The Vendor will not disclose any State Proprietary Information to any third person for any reason without the express written permission of a State officer or employee with authority to authorize the disclosure. The Vendor must not: (i) disclose any State Proprietary Information to any third person unless otherwise specifically allowed under this Agreement; (ii) make any use of State Proprietary Information except to exercise rights and perform obligations under this Agreement; (iii) make State Proprietary Information available to any of its employees, officers, agents, or third party consultants except those who have a need to access such information and who have agreed to obligations of confidentiality at least as strict as those set out in this Agreement. The Vendor is held to the same standard of care in guarding State Proprietary Information as it applies to its own confidential or proprietary information and materials of a similar nature, and no less than holding State Proprietary Information in the strictest confidence. The Vendor must protect the confidentiality of the State’s information from the time of receipt to the time that such information is either returned to the State or destroyed to the extent that it cannot be recalled or reproduced. The Vendor agrees to return all information received from the State to the State’s custody upon the end of the term of this Agreement, unless otherwise agreed in a writing signed by both parties. State Proprietary Information will not include information that:

A. was in the public domain at the time it was disclosed to the Vendor, B. was known to the Vendor without restriction at the time of disclosure from the State, C. that was disclosed with the prior written approval of State’s officers or employees having authority to disclose such information, D. was independently developed by the Vendor without the benefit or influence of the State’s information, and

E. becomes known to the Vendor without restriction from a source not connected to the State of South Dakota.

State’s Proprietary Information can include names, social security numbers, employer numbers, addresses and other data about applicants, employers or other clients to whom the State provides services of any kind. The Vendor understands that this information is confidential and protected under State law. The Parties mutually agree that neither of them nor any subcontractors, agents, assigns, or affiliated entities will disclose the contents of this 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 Vendor acknowledges that the State and its agencies are public entities and thus may be 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 South Dakota open records or open meetings laws.

Section II. Rejection or Ejection of Vendor The State, at its option, may require the vetting of any of the Vendor, and the Vendor‘s subcontractors, agents, Assigns, or affiliated entities. The Vendor is required to assist in this process as needed.

The State reserves the right to reject any person from participating in the project or require the Vendor to remove from the project any person the State believes is detrimental to the project or is considered by the State to be a security risk. The State will provide the Vendor with notice of its determination, and the reasons for the rejection or removal if requested by the Vendor. If the State signifies that a potential security violation exists with respect to the request, the Vendor must immediately remove the individual from the project.

Section III. Non-Disclosure and Separation of Duties The Vendor will enforce separation of job duties and require non-disclosure agreements of all staff that have or can have access to State Data or the hardware that State Data resides on. The Vendor will limit staff knowledge to those staff whose duties that require them to have access to the State Data or the hardware the State Data resides on.

Section IV. Legal Requests for Data Except as otherwise expressly prohibited by law, the Vendor will:

A. Immediately notify the State of any subpoenas, warrants, or other legal orders, demands or requests received by the Vendor seeking State Data maintained by the Vendor, B. Consult with the State regarding the Vendor’s response, C. Cooperate with the State’s requests in connection with efforts by the State to intervene and quash or modify the legal order, demand or request, and D. Upon the State’s request, provide the State with a copy of both the demand or request and its proposed or actual response.

Section V. eDiscovery The Vendor will contact the State upon receipt of any electronic discovery, litigation holds, discovery searches, and expert testimonies related to, or which in any way might reasonably require access to State Data. The Vendor will not respond to service of process, and other legal requests related to the State without first notifying the State unless prohibited by law from providing such notice.

Section VI. Annual Risk Assessment The Vendor will conduct an annual risk assessment or when there has been a significant system change. The Vendor will provide verification to the State’s contact upon request that the risk assessment has taken place. At a minimum, the risk assessment will include a review of the:

A. Penetration testing of the Vendor’s system;

B. Security policies and procedures;

C. Disaster recovery plan;

D. Business Associate Agreements; and E. Inventory of physical systems, devices, and media that store or utilize ePHI for completeness.

If the risk assessment provides evidence of deficiencies, a risk management plan will be produced. Upon request by the State, the Vendor will send a summary of the risk management plan to the State’s contact. The summary will include completion dates for the risk management plan’s milestones. Upon request by the State, the Vendor will send updates on the risk management plan to the State’s contact. Compliance with this Section may be met if the Vendor provides proof to the State that the Vendor is FedRAMP Certified and has maintained FedRAMP Certification.

Section VII. Independent Audit The Vendor will disclose any independent audits that are performed on any of the Vendor’s systems tied to storing, accessing, and processing State Data. This information on an independent audit(s) must be provided to the State in any event, whether the audit or certification process is successfully completed or not. The Vendor will provide a copy of the findings of the audit(s) to the State. Compliance with this Section may be met if the Vendor provides a copy of the Vendor’s SOC 2 Type II report to the State upon request.

Section VIII. Access Attempts The Vendor will log all access attempts, whether failed or successful, to any system connected to the hosted system which can access, read, alter, intercept, or otherwise impact the hosted system or its data or data integrity. For all systems, the log must include at least: login page used, username used, time and date stamp, incoming IP for each authentication attempt, and the authentication status, whether successful or not. Logs must be maintained not less than 7 years in a searchable database in an electronic format that is un-modifiable. At the request of the State, the Vendor agrees to grant the State access to those logs to demonstrate compliance with the terms of this Agreement and all audit requirements related to the hosted system.

Section IX. Threat Notification A credible security threat consists of the discovery of an exploit that a person considered an expert on Information Technology security believes could be used to breach any aspect of a system that is holding State Data or a product provided by the Vendor. Upon becoming aware of a credible security threat with the Vendor’s product(s) or service(s) being used by the State, the Vendor or any subcontractor supplying product(s) or service(s) to the Vendor needed to fulfill the terms of this Agreement will notify the State within two business days of any such threat.