RFP Document.pdf

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STATE OF SOUTH DAKOTA

INFORMATION TECHNOLOGY (IT) RFP

(South Dakota Public Utilities Commission)

Website Development and Docket Filing System

PROPOSALS ARE DUE NO LATER THAN July 11, 2026

RFP #: 26RFP19845 STATE POC: Travis Heasley EMAIL: travis.heasley@state.sd.us

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1 General Information

1.1 Purpose of Request for Proposal (RFP)

1.1.1 Background:

The South Dakota Public Utilities Commission (PUC) operates a public-facing website, puc.sd.gov, that provides access to regulatory dockets, filings, orders, and information. The current website, originally developed around 2005, has limitations related to performance, search functionality, accessibility, and usability.

The current website has limitations due to outdated technology that affect the security, search functionality, accessibility, and overall performance. The largest and most frequently used portion of the site is the docket section, puc.sd.gov/Dockets, which includes dockets from 1976 to the present. Most docket documents are PDFs, with some Excel files. The website also provides archival audio recordings of PUC proceedings. The current website was created by the South Dakota Bureau of Information and Telecommunications and is maintained by PUC staff using Adobe Dreamweaver.

The PUC maintains a docket filing system, puc.sd.gov/EFilingOptions.aspx, integrated with its website, through which regulated utility companies, interested parties and others submit official filings to the commission. The current system relies on email for filing submissions and sending confirmations and requires PUC staff to review, process and post the filings to puc.sd.gov for public and staff access.

The PUC maintains a docket management system, separate from its public website, that uses Microsoft Access to record details about documents submitted for PUC dockets, including the document name, filing date of each document, and storage location of the document.

Information is manually entered into the system by PUC staff; the process is not automated.

The PUC operates a separate public-facing site, donotcall.sd.gov, which provides information about the Do Not Call Registry for consumers and telemarketers.

The PUC operates a separate intranet, intranetpuc.sd.gov, for commissioners and staff only.

The intranet includes archival records and confidential information that are available for commission use only.

Documents accessed through all the PUC sites are stored on state-owned drives and servers.

The main site currently contains more than 133,073 files, occupying approximately 293 GB of storage space of the PUC’s M drive (public materials) and 23,517 files occupying approximately 43.5 GB of the PUC’s N drive (confidential materials) as of June 8, 2026.

The PUC is seeking proposals to design and implement a modern, accessible, and high-performing public website, with an integrative docket filing system, docket management system and, where appropriate, complementary intranet, that preserves the transparency and usability of its existing docket system while improving performance, search, and accessibility.

The PUC is a regulatory agency responsible for overseeing public utilities, including electric, natural gas, telecommunications, and pipeline safety and grain warehouse licensing and inspections, across the state of South Dakota. The Commission ensures safe, reliable, and fairly priced utility services while maintaining transparency and public accessibility in all https://puc.sd.gov/EFilingOptions.aspx https://intranetpuc.sd.gov/

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regulatory processes.

The PUC website serves as a critical platform for:

• Public access to regulatory information and decisions

• Official docket filings and records

• Communication between the Commission, regulated entities, and stakeholders

• Daily operational use by commissioners and staff The selected vendor will be responsible for delivering a modern, reliable, and highly accessible website that supports both external public use and internal operational efficiency.

1.1.1.2 USERS (Internal and External Use Requirements)

The PUC website is not solely a public-facing resource. It is a mission-critical operational tool used daily by

• Commissioners for research, decision-making and during proceedings such as commission meetings and evidentiary hearings

• Staff for managing dockets, documents, and regulatory workflows

• Administrative personnel for publishing and maintaining records

The system must support:

• Fast, reliable access to documents during live proceedings, such as commission meetings and evidentiary hearings

• Minimal downtime and high performance under heavy usage

• Efficient content management for staff with varying technical skill levels

The vendor must design a solution that balances:

• Public accessibility

• Internal usability

• Operational reliability

1.1.1.3 Audience (User Groups and Interaction Types)

The website serves multiple audiences, each with distinct needs:

Commissioners

• Require fast access to dockets, filings, and orders

• Use the site during live meetings and hearings

• Need intuitive navigation and minimal delays

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PUC Staff

• Maintain and publish docket content

• Upload and organize documents

• Require simple, efficient tools for ongoing updates

Regulated Utilities and Companies

• Submit filings and documentation

• Access regulatory requirements and decisions

• Monitor docket activity

Docket Parties

• Track case progress

• Access filings and official records

• Access and review documents

General Public

• Search for information on utilities and decisions

• Access consumer resources

• View dockets, meeting materials, and orders

1.1.1.4 Desired Vendor Qualifications

The successful vendor must possess demonstrated expertise and experience in the following areas:

• Development of public-facing websites for government or regulatory agencies

• Experience working with document-heavy systems, including indexing and retrieval

• Proven ability to design high-performance, scalable platforms

• Strong understanding of accessibility standards (ADA/WCAG compliance)

• Experience with search optimization and large document repositories

• Ability to deliver solutions within defined public-sector budgets

• Demonstrated success in providing long-term support and maintenance

• Ability to communicate effectively with both technical and non-technical stakeholders

Preferred qualifications include:

• Experience with utility regulation, legal systems, or docket-style workflows

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• Familiarity with state government IT environments and constraints

• Experience working with public-sector procurement processes

1.1.1.5 Development and Maintenance Support

The vendor must provide tools and resources that enable PUC staff to independently maintain and expand the website after implementation.

This must include:

• A user-friendly content management system (CMS)

• Written style and content guidelines for consistency

• Step-by-step documentation for routine tasks

• Instructional videos or training materials for staff

• Training sessions for PUC personnel

• Ongoing support options post-launch

The goal is to ensure the PUC can:

• Maintain content without vendor dependency

• Easily publish and update documents

• Expand the site as needs evolve

1.1.1.6 Hosting Requirements

The proposal must clearly specify hosting options, including:

• Whether the solution will be hosted:

o On State of South Dakota infrastructure, or o On vendor-managed hosting environments

The vendor must describe:

• Hosting architecture

• Reliability and uptime guarantees

• Backup and disaster recovery procedures

• Scalability capabilities

All hosting solutions must meet applicable state IT policies and security requirements.

1.1.1.7 Analytics and Reporting

The website must include robust analytics capabilities, including but not limited to:

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• Number of user sessions

• Unique users

• Page views and navigation patterns

• Search usage and performance

• Download tracking for documents

• Detection and reporting of attempted security threats or attacks

Analytics must be:

• Easily accessible to PUC staff

• Presented in a user-friendly dashboard format

• Exportable for reporting purposes

1.1.1.8 Maintenance and Monitoring Tools

The system must include automated tools to assist with ongoing maintenance, including:

• Broken link detection

• Monitoring for missing or inaccessible documents

• Alerts for system errors or failures

• Performance monitoring tools

These tools should reduce manual workload and improve overall site reliability.

1.1.1.9 Security Requirements

The vendor must meet or exceed industry-standard security practices and any applicable State of South Dakota requirements.

At a minimum, the solution must include:

• Protection against common vulnerabilities (e.g., OWASP Top 10)

• Secure data transmission (HTTPS)

• Role-based access controls for administrative users

• Protection against unauthorized access or data breaches

• Logging and monitoring of system activity

The vendor must clearly describe:

• Security protocols

• Compliance standards

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• Ongoing security maintenance practices

1.1.1.10 Confidentiality and Data Handling

The PUC handles sensitive and confidential information that must not be exposed.

The vendor must acknowledge and comply with the following:

• Certain documents, recordings, and internal materials are confidential and restricted

• The vendor must not access, store, or replicate confidential information beyond what is strictly necessary

• Development and testing environments must use sanitized or non-sensitive data where possible

The proposal must include:

• Procedures for handling sensitive data

• Confidentiality safeguards during development

• Compliance with all applicable laws and regulations

1.1.1.11 Contract Structure and Cost Expectations

The PUC intends to establish an all-inclusive contract covering the full scope of the project.

The proposal must:

• Include complete and transparent pricing

• Account for all phases:

o Design o Development o Implementation o Training o Deployment

• Minimize the need for change orders

Vendors must clearly state:

• What is included in the base cost

• Any assumptions made

• Any potential additional costs

The goal is to reduce risk associated with:

• Misunderstood requirements

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• Incomplete proposals

• Unexpected cost increases

1.1.1.12 Performance Standards

The system must meet defined performance expectations, including:

• Standard content pages shall load within 3 seconds or less for users on a typical broadband connection.

• Search results shall be returned within 5 seconds or less.

• Document downloads shall begin within 3 seconds or less, subject to file size and user connection speed

• Reliable document access

• Minimal downtime

• High availability during business hours and public meetings

The vendor should propose:

• Performance benchmarks

• Monitoring methods

• Service level expectations (if applicable)

1.1.1.13 Additional Considerations

Additional requirements and refinements may be discussed during the procurement process, including items identified in internal meetings and stakeholder feedback.

1.1.2 Goals and Objectives:

• Improve website security, performance, uptime, and reliability

• Provide fast, intuitive access to docket information and documents

• Maintain public transparency and ease of access

• Enable simple content publishing and management by PUC staff

• Preserve and improve access to historical docket records

• Establish a scalable, secure, and well-structured records storage solution that:

o Supports long-term retention of regulatory documents o Maintains existing docket organization and relationships between filings o Allows efficient storage and retrieval of large volumes of documents o Supports both current and historical records, including pre-2005 archives

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o Enables integration with search functionality and metadata indexing o Ensures records are accessible for public use while maintaining data integrity and security

1.1.3 Description of Components or Phases

The PUC expects the selected vendor to execute the project using a structured, phased approach. Each phase must include clearly defined deliverables, timelines, and communication with PUC staff and BIT. The vendor must describe in detail how their approach will meet or exceed the expectations outlined below.

1.1.3.1 Discovery and Requirements Validation

Expectation:

The vendor will lead a comprehensive discovery process to fully understand the PUC’s regulatory environment, operational workflows, and website usage.

This includes:

• Conducting structured stakeholder sessions with:

o PUC staff o BIT representatives

• Reviewing the current website, including:

o Docket structure and organization o Document access patterns o Search limitations and performance issues

• Validating and documenting:

o Functional requirements o Technical requirements o Accessibility requirements (WCAG 2.1 AA)

• Clearly defining how different user groups interact with the system

The vendor must ensure that all requirements are fully understood and documented prior to design and development to minimize rework and change orders.

1.1.3.2 Design and Prototyping

Expectation:

The vendor will develop a design that prioritizes simplicity, performance, and usability, consistent with a content-first public website.

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This includes:

• Developing:

o Site architecture and navigation structure o Wireframes and visual design prototypes

• Designing for:

o Fast access to dockets and documents o Minimal clicks to reach key information o Clear separation between public content and internal processes

• Incorporating accessibility requirements into all designs

• Presenting prototypes for review and incorporating PUC feedback

Designs must reflect how the site will be used during live hearings, daily staff operations, and public access scenarios.

1.1.3.3 Development and Configuration

Expectation:

The vendor will build and configure a fully functional solution aligned with approved designs and requirements.

This includes:

• Configuring a content management system (CMS) that:

o Is simple for staff to use o Requires minimal technical expertise

• Developing:

o Docket browsing functionality (by year, type, and category) o Advanced search capabilities across documents and metadata o Inline document viewing (no forced downloads)

• Implementing:

o Accessibility features o Security controls o Performance optimization

• Ensuring the system can support high-volume usage without degradation, especially during hearings

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The vendor must deliver a system that is intuitive for users and efficient for staff to maintain.

1.1.3.4 Data Migration (Including Historical Records)

Expectation:

The vendor will plan and execute a complete and accurate migration of existing data.

This includes:

• Inventorying all existing data, including:

o Active dockets o Historical docket records o Legacy documents (including pre-2005 records)

• Preserving:

o Existing docket structure and organization o Relationships between filings, orders, and documents

• Ensuring:

o Metadata is retained and properly indexed o Documents remain accessible and searchable

• Supporting the potential creation of a separate Historical Records Archive if required

The vendor must ensure that no data integrity, accessibility, or usability is lost during migration.

1.1.3.5 Testing (Including Accessibility and Performance)

Expectation:

The vendor will conduct thorough testing to ensure the system meets all requirements prior to deployment.

This includes:

• Functional testing to confirm all features operate correctly

• Performance testing to ensure:

o Standard content pages shall load within 3 seconds or less for users on a typical broadband connection.

o Search results shall be returned within 5 seconds or less.

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o Document downloads shall begin within 3 seconds or less, subject to file size and user connection speed o Reliable access during peak usage

• Accessibility testing to confirm compliance with WCAG 2.1 AA

• Security and vulnerability testing

• Supporting User Acceptance Testing (UAT) with PUC staff

All issues identified during testing must be resolved prior to go-live.

1.1.3.6 Deployment and Go-Live

Expectation:

The vendor will manage a smooth and controlled transition to the production environment.

This includes:

• Coordinating deployment with PUC and BIT

• Performing final validation checks

• Ensuring:

o System stability o Data accuracy o Full functionality at launch

• Minimizing disruption to:

o Public access o Ongoing regulatory operations

The vendor must ensure the system is fully operational and reliable at the time of launch.

1.1.3.7 Training and Support

Expectation:

The vendor will provide comprehensive training and support to ensure long-term success of the system.

This includes:

• Training PUC staff on:

o Content management o Document uploads and updates

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o Site maintenance

• Providing:

o Written documentation o User guides o Technical documentation

• Offering post-launch support, including:

o Issue resolution o Performance monitoring o Ongoing maintenance recommendations

The goal is to ensure the PUC can independently manage and maintain the website without heavy vendor reliance.

1.1.4 Scope of Components or Phases

The project will be executed in a phased approach. Offerors must describe in detail how their methodology aligns with or improves upon the phases outlined below.

Phase 1: Requirements Validation and Design

This phase will focus on confirming and refining business, technical, and user requirements.

Activities include:

• Conduct stakeholder interviews with:

o PUC staff o IT (BIT) representatives

• Review current website functionality, structure, and limitations

• Validate and document:

o Functional requirements o Technical requirements o Accessibility requirements (WCAG 2.1 AA)

• Define user journeys for key audiences (public, staff and commissioners, and docket participants)

• Develop:

o Site architecture and navigation structure

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o Wireframes and design prototypes

• Confirm approach for:

o Docket structure and organization o Document storage and retrieval o Historical records handling (including pre-2005 records)

• Establish performance, security, and hosting requirements

Deliverables:

• Requirements documentation

• Site architecture and sitemap

• Wireframes and design mockups

• Project plan and finalized timeline

Phase 2: Development and Configuration

This phase includes building and configuring the website solution based on approved designs.

Activities include:

• Configure content management system (CMS)

• Develop:

o Public-facing website components o Search functionality (including document indexing and metadata search) o Docket browsing features (by year, type, and category)

• Implement:

o Inline document viewing capabilities o Accessibility features and compliance standards o Security controls and role-based access (for staff use)

• Configure hosting environment (State-hosted or vendor-hosted)

• Develop integrations (if applicable), including:

o Internal systems or databases o Data access tools for reporting and analytics

• Build administrative tools for:

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o Uploading and managing documents o Updating dockets o Maintaining static content

Deliverables:

• Configured and functional development environment

• Core website functionality

• CMS setup and administrative tools

Phase 3: Data Migration and Testing

This phase focuses on migrating existing data and ensuring the system meets all requirements.

Activities include:

• Inventory and assess existing data, including:

o Current dockets o Historical records o Legacy documents and formats

• Migrate data while preserving:

o Existing docket structure o Metadata and document relationships

• Validate accuracy and completeness of migrated data

• Conduct testing, including:

o Functional testing o Performance and load testing o Accessibility testing (WCAG compliance) o Security and vulnerability testing

• Perform User Acceptance Testing (UAT) with:

o PUC staff

Deliverables:

• Migrated and validated data

• Testing reports and issue resolution documentation

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• User acceptance approval

Phase 4: Deployment and Post-Launch Support

This phase includes launching the website and ensuring ongoing support.

Activities include:

• Deploy solution to production environment

• Perform final validation and go-live readiness checks

• Provide staff training, including:

o Content management o Document uploads o Site maintenance

• Deliver documentation, including:

o User guides o Technical documentation o Maintenance procedures

• Provide post-launch support, including:

o Issue resolution o Performance monitoring o Ongoing maintenance recommendations

Deliverables:

• Live production website

• Training materials and sessions

• Documentation package

• Post-launch support plan

1.2 Issuing Office and RFP Reference Number

The South Dakota Public Utilities Commission is the issuing office for this document and all subsequent addenda relating to it, on behalf of the State of South Dakota (“State”). The reference number for this transaction is RFP# 26RFP19845. This reference number must be referred to on all proposals, correspondence, and documentation relating to this RFP. For

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purposes of this RFP, the State’s centralized IT agency, the Bureau of Information and Technology (“BIT”), must approve all IT related purchases.

1.3 Schedule of Activities (Subject to Change)

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

RFP Publication: June 16, 2026

Deadline for Letter of Intent to Respond: June 23, 2026

Deadline for Submission of Written Inquiries: June 30, 2026

Deadline for Responses to offeror Questions: July 10, 2026

Deadline for Request for SFTP Folder: July 7, 2026

Deadline for Proposal Submission: July 16, 2026

Evaluation of Proposals to Determine Short List: July 30, 2026

Discussions / Technical Review: August 3 - 14, 2026

Demonstrations and presentations: August 3 - 14, 2026

Anticipated Award Decision/Contract Negotiation: August 18, 2026

1.4 Letter of Intent

All interested offerors must submit a Letter of Intent to respond to this RFP.

The Letter of Intent must be submitted to the Agency via email at travis.heasley@state.sd.us by the date and time indicated in Section 1.3 Schedule of Activities. Please place the following in the subject line of your email: “Letter of Intent for RFP# 26RFP19845”.

1.5 Submitting a Proposal

All proposals must be completed and received by the Agency by the date and time indicated in Section 1.3 Schedule of Activities.

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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.

Proposals must be submitted as PDFs via Secured File Transfer Protocol (SFTP). Offerors must request an SFTP folder by the date and time indicated in Section 1.3 Schedule of Activities by emailing travis.heasley@state.sd.us with the subject line of “RFP# 26RFP19845 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, the offeror will need to work with its own technical support staff to set up SFTP compatible software on the offeror’s end. While the State can answer questions, the State is not responsible for the software required to access the SFTP folder.

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.

1.6 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 offeror shall attach an explanation to its 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

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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 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.

1.9 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

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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.

1.10 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 Questions Regarding RFP

All written questions should be sent to: travis.heasley@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 “RFP# 26RFP19845”. 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.

1.12 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.

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1.13 Length of Contract

The length of the contract will be for a term of 5 year(s). The State will have the opportunity to renew the contract annually for up to two one-year time extensions. The extension(s) will not be automatic. Provide a detailed breakdown of all ongoing maintenance, support, licensing, hosting, subscription, and other recurring costs for a minimum of five (5) years following implementation.

1.14 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.

1.15 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.

1.16 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.

1.17 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.

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1.18 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.

1.19 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 , and end on , 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 TOTAL CONTRACT AMOUNT is an amount not to exceed $ . The State will not pay

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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:

2.6.1 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.

2.6.2 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.

2.6.3 Business Automobile Liability Insurance:

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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.

2.6.4 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

UPDATED DECEMBER 11, 2025 V5.3 25

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.

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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, UPDATED DECEMBER 11, 2025 V5.3 27

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 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 on behalf of the State, and by and to , 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.

2.21 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.

2.22 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.

2.23 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.

2.24 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.

2.25 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

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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

Core Functional Requirements

The solution must:

• Provide public access to regulatory dockets and documents

• Allow users to:

o Browse dockets by year and type o Search across documents and metadata o View documents inline (not forced download)

• Ensure Commission staff and Commissioners can efficiently search, retrieve, view, and navigate docket records, filings, exhibits, orders, and historical documents during hearings, work sessions, and order drafting, with minimal latency and no significant degradation in performance during periods of peak usage.

• Support high-volume public access without degradation

Critical Design Requirements

The solution must:

• Be content-first, not workflow-driven

• Maintain simple and intuitive navigation

• Minimize clicks to access information

• Provide clear separation between public website and internal systems

• Provide secure authentication and role-based access controls for confidential filings and restricted…