RFQ 2022-010 Web Hosting for Health Care Transparency Website~1.docx
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- Solicitation number
- BD-22-1052-2000-2000-68914
- Issued by
- Suffolk County, Massachusetts
About this file
This document is a Request for Quote (RFQ) issued by the Center for Health Information and Analysis (CHIA), an independent agency of the Commonwealth of Massachusetts. CHIA is seeking a contractor to provide web hosting services for its CompareCare website. The selected contractor will be expected to work collaboratively with CHIA and its website maintenance vendor to ensure the website is hosted reliably and securely. This procurement does not include web development services. CHIA is seeking quotes from qualified contractors currently listed as eligible vendors under Category 7: Managed Services of the statewide contract ITT72. The contract term is from the execution date through June 30, 2022, with three 12-month renewal options.
Contractors must propose a monthly hosting fee as well as an hourly rate budget for any additional setup work. Hourly rates must not exceed the approved ITT72 ceiling rates. CHIA will evaluate proposals based on the contractor's responsiveness, relevant experience, capacity, sample projects, and overall best value. The contract is subject to appropriation, and any unspent funds at the end of a fiscal year do not carry forward. Contractors must comply with data use, confidentiality, and security requirements outlined in the RFQ.
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REQUEST FOR QUOTE UNDER ITT72
Web Hosting for Health Care Transparency Website RFQ #2022-010
REQUEST FOR QUOTE UNDER ITT72
RFQ #2022-010
ISSUE DATE: 11/29/2021
| Purchasing Department |
| Center for Health Information and Analysis (“CHIA”) |
| Address |
| 501 Boylston St. Suite 5100 |
| City, State Zip Code |
| Boston, MA 02116 |
| Procurement Contact Person |
| Andrew Jackmauh |
| Telephone Number |
| (617) 701-8125 |
| E-Mail Address |
| andrew.jackmauh@chiamass.gov |
| Procurement Name/Title |
| Web Hosting for Health Care Transparency Website |
| RFQ Number |
| 2022-010 |
| COMMBUYS Bid Number |
| BD-22-1052-2000-2000-68914 |
| COMMBUYS Contract/Blanket # |
| ITT72 |
| COMMBUYS Description |
| ITT72 Category 2 to 9: Network Services, Communications Services & Related Equipment |
| Procurement Category |
| Category 7: Managed Services |
1. Description or Purpose of Procurement:
Background
The Center for Health Information and Analysis (CHIA) is an independent agency of the Commonwealth of Massachusetts (Commonwealth) established pursuant to M.G.L. c. 12C, a health care reform law enacted to improve health care quality and contain health care costs. CHIA is charged with monitoring the health care system in Massachusetts and providing reliable information and meaningful analysis for those seeking to improve health care quality, affordability, access, and outcomes. CHIA’s vision is to be the hub of information and analysis with respect to the Massachusetts health care system, connecting our products to policymakers, providers, public and private payers, employers, researchers, and the residents of the Commonwealth.
CHIA maintains a website, MassCompareCare.gov (CompareCare), that provides visitors with informational data and tools to better understand the Massachusetts health care market.
Procurement Scope and Project Overview
CHIA is seeking a contractor to render web hosting services for the CompareCare site. The contractor will be expected to work collaboratively with CHIA and, if necessary, coordinate with CHIA’s website maintenance vendor in connection with any updates, upgrades, redesigns, maintenance and support services relating to the CompareCare site, to ensure the most current and accurate version of the website is being hosted. This procurement does not include development services.
CHIA seeks quotes from qualified and approved contractors currently listed as eligible vendors under Category 7: Managed Services of statewide contract ITT72 Category 2 to 9: Network Services, Communications Services & Related Equipment.
2. Applicable Procurement Law
| Check Appropriate Box (“X”): |
| Type of Purchase |
| Applicable Laws |
Executive Branch Goods and Services
| |X|Error! Bookmark not defined. |
| Goods and Services |
| MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00 |
| |_| |
| Human and Social Services |
| MGL c. 7, § 22, § 22N; c. 30, § 51, § 52; 801 CMR 21.00; 808 CMR 1.00 |
| |_| |
| Legal Services |
| MGL c. 30, § 51, § 52 and § 65; c. 7, § 22; and 801 CMR 21.01(2) (b) |
| |_| |
| Grants |
| MGL c. 7A, § 7; St. 1986 c. 206, § 17; 815 CMR 2.00 |
3. Acquisition Method:
| Check All Applicable (“X”): |
| Category |
| |X| |
| Fee-For-Service |
| |_| |
| Outright Purchase |
| |_| |
| Rental (not to exceed 6 months) |
| |_| |
| Term Lease |
| |_| |
| Tax Exempt Lease-Purchase (TELP) |
| |_| |
| License |
| |_| |
| Other: Hourly |
4. Whether Single or Multiple Contractors are Required for Contract:
Check One (“X”):
| |X| |
| Single Contractor |
| |_| |
| Multiple Contractors |
a. Estimated Number of Awards The target maximum number of Contractors is 1; the purchasing department may award more or fewer contracts, if it is in the best interest of the Commonwealth to do so.
b. Adding Contractors after initial Contract Award If, over the life of the contract, the purchasing department determines that additional Contractors are needed, these may be drawn from qualified companies which responded to this Solicitation but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional Bids.
5. Expected Duration of Contract (Initial Duration and any Options to Renew):
| Contract Duration |
| Number of Options |
| Number of Years/Months |
Initial Duration
From the execution date through 6/30/2022
| Renewal Options |
| 3 |
| 3 options to renew for up to 12 months each |
Total Maximum Contract Duration
6/30/25 The Maximum Contract End Date is contingent upon the terms of ITT72.
6. Contract Performance and Business Specifications:
6.1 Scope of Services:
The Contractor will:
· Work in concert with CHIA staff and/or CHIA’s website maintenance vendor to acquire full insight and knowledge of the CompareCare website architecture to ensure successful and reliable hosting of the website.
· Hold a kick-off meeting with CHIA staff and/or CHIA’s website maintenance vendor to define and determine goals and expectations with respect to hosting the CompareCare website.
· Render website hosting services including:
· provision of a dedicated server or server space sufficient to host the website
· server or server space scalability
· server management
· security
· backup services
· 24/7 uptime
· 24/7 live technical support
· SSL certificates, if necessary
· availability and access to file transfer protocol and secure file transfer protocol
· Conduct testing following website transfer prior to making the website live
6.1.3 CHIA Responsibilities:
CHIA will:
· Meet with the Contractor to provide background on technical decisions made to date
· Provide the Contractor with available documentation
· Provide the Contractor with access to CompareCare, including production and staging environments
6.2 Required Elements of Quote:
6.2.1. Description of Approach (1-2 pages)
Please provide a description of your proposed approach to accomplishing the activities and deliverables in the Scope of Services under Section 6.1.
6.2.2 Compensation and Key Personnel (1-3 pages)
· Please complete Appendix A.
· Please propose a monthly hosting fee and an hourly rate budget for additional set up work described in section 6.1 Scope of Services.
· Hourly rates should not exceed the approved hourly rates allowed under ITT72. Also, hourly rates should be all inclusive of any indirect costs.
· Provide a listing of key personnel that will perform the work associated with this contract. Please include the names, titles rates, and a brief bio. The titles and rates must not exceed the previously submitted and approved ITT72 ceiling rates.
CHIA understands that the maximum obligation amounts in Appendix A are estimates and that these may change during the project. Any additional scope(s) of work that aligns with the goals of the project will remain flexible and will not exceed any internal maximum obligation cap decided upon by CHIA.
Contractors must submit responses that meet all the requirements of the RFQ. Only responsive proposals will be considered.
7 Change in Scope/Additional Responsibilities
CHIA shall have the option, at its sole discretion, to modify, increase, reduce or terminate any activity related to any contract that may result from this procurement whenever, in the judgment of CHIA, the goals of any of the projects have been modified or altered in a way that necessitates such changes. CHIA may determine that additional work products are necessary to accomplish the Scope of Services or that certain items are not required or must be substantially modified. The Contractor(s) and CHIA may negotiate changes to any Statement of Work that are in the best interests of the Commonwealth. CHIA will provide prior written notice of any such action to the Contractor(s) and the parties will negotiate the effect of such changes in scope on the Statement of Work.
8 Anticipated Expenditures, Funding or Compensation:
The funding for any contract resulting from this procurement is subject to appropriation in each fiscal year.
9 Fiscal Terms
Proposals must include Appendix A: Key Personnel and Budget.
The cost proposal must reflect specific and transparent pricing information. . The cost proposal must also reflect whether subcontractors will be engaged and describe the portion of the project to be completed by subcontractors.
Contract funds are specific to each fiscal year and any unspent funds at the end of a fiscal year do not carry forward to a subsequent fiscal year.
10 Amendment
The scope of work is subject to amendment by agreement of CHIA and the Contractor(s), consistent with the terms of ITT72.
11 Data Use and Confidentiality
It is acknowledged that in the course of providing services under a resulting Agreement, the Contractor may be provided with access to Confidential Information, as defined herein. If the Contractor is provided access to Confidential Information, this Section sets forth the terms and conditions pursuant to which Confidential Information that the Contractor uses, maintains, discloses, receives, creates or otherwise obtains from or on behalf of CHIA will be handled during the term of and after the termination of the services.
Confidential Information includes Identifiable Confidential Information and CHIA Confidential Information both as defined below.
1. Identifiable Confidential Information “Identifiable Confidential Information” shall mean any “Personal Data” as defined in M.G.L. c. 66A; any “Personal Information” as defined in M.G.L. c. 93H; any “Patient Identifying Information” as defined in 42 CFR Part 2; any “Protected Health Information” as defined in the Privacy Rule (45 CFR 160.103) and 957 CMR 5.00; and any other individually identifiable information, as defined under any federal or state law (including for example any state or federal tax return information), that the Contractor uses, maintains, discloses, receives, creates or otherwise obtains under a resulting Agreement. Information, including aggregate information, is considered Identifiable Confidential Information unless it is fully de-identified in accord with 45 CFR 164.514(a), (b), and (c).
If the Contractor has access to Identifiable Confidential Information, the terms of the Data Use Agreement attached hereto and incorporated herein, shall apply. Further, prior to execution of an agreement for services Contractor must provide a Data Management Plan that must be approved by CHIA.
If the Contractor is not authorized under a resulting Agreement to obtain Identifiable Confidential Information, but receives such information inadvertently, the Contractor shall immediately notify CHIA, destroy the information and submit a Certificate of Destruction.
If the Contractor has access to Patient Identifying Information, as defined under 42 CFR Part 2, the Contractor shall adhere fully to any and all restrictions on the use and/or disclosure of such information as required by the federal regulations governing the Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR Part 2.
1. CHIA Confidential Information “CHIA Confidential Information” shall mean records and information maintained by CHIA that is exempt from disclosure under public records law, as defined by M.G.L. c4 §7, and may include correspondence, documents, raw and aggregate data (including data submitted by payers), studies and reports, and policy under development. CHIA Confidential Information also includes information identified as “Confidential” under a resulting Agreement.
If the Contractor has access to CHIA Confidential Information, the Contractor shall take reasonable steps to ensure the physical safety of such information, as well as manually held information under its control. Such steps may include, but are not limited to: the use of devices and methods such as alarm systems, locked files, guards, camera surveillance of work areas or other devices reasonably expected to prevent loss or unauthorized removal of manually held information. In addition, the Contractor agrees to take reasonable steps to prevent unauthorized use of passwords, access logs, badges or other methods designed to prevent loss of or unauthorized access to electronically or mechanically held information by using methods including, but not limited to: restricted terminal access, restricted access to input and output documents and other such restrictions designed to protect CHIA Confidential Information.
The Contractor shall require all employees, agents, and/or subcontractors who use, maintain, disclose, receive, create or otherwise obtain Confidential Information to sign the Confidentiality Agreement, attached hereto and incorporated herein. The Contractor shall maintain a log of all individuals who sign a Confidentiality Agreement.
Unless otherwise set forth under a resulting Agreement, all Confidential Information will be destroyed or returned to CHIA upon termination of the services. If Identifiable Confidential Information is destroyed or returned, the Contractor shall complete and return the Certificate of Completion and Data Destruction attached to and incorporated within the Data Use Agreement.
12 Performance Measures
In performance of the contracted work, the Contractor is expected to:
· Be responsive and have the ability to meet project tasks within compressed timeframes;
· Incorporate CHIA’s suggestions, edits, and comments and deliver revised products to CHIA for review;
· Allow sufficient time for review and feedback by CHIA staff on preliminary drafts;
· Complete the project at or under the agreed-upon budget; and
· Respond promptly and thoroughly to CHIA requests and inquiries.
13 Evaluation Criteria
This RFQ is open only to eligible and approved Contractors under Category 7 of the ITT72 master contract. Contractors must submit responses that meet all the submission requirements of the RFQ. Only responsive proposals that meet the submission requirements will be considered, evaluated and scored by the evaluation team in accordance with the evaluation criteria described herein. Additional information may be requested for evaluation purposes.
Contractors must be available to start work upon award of a contract and have the capacity to complete the work expeditiously. CHIA will consider the following criteria in selecting qualified Contractors for this engagement:
1. Responsiveness and Approach. The Contractor:
(a) Proposes a feasible approach that is well-tailored to the activities and deliverables described in the Scope of Services in Section 6.1;
(b) Proposes an appropriate timeline;
(c) Demonstrates the ability to maintain a high-level of responsiveness and professionalism while rendering services on behalf of CHIA; and
(d) Provides sufficient information to assist CHIA in understanding how the Contractor will carry out the items delineated in the Scope of Services.
2. Relevant Experience. The Contractor has:
(a) Experience building and maintaining complex, data-driven websites;
(b) Experience reaching and communicating with key target audiences;
(c) Experience managing/supporting online technologies for public consultation;
(d) Demonstrated project management capabilities;
(e) Experience developing Application Programming Interfaces that pull from multiple data sources.
3. Capacity. The Contractor:
(a) Is able to supply experienced staff to successfully perform and coordinate the work described in the Scope of Services in Section 6.1; and
(b) Is willing and able to work effectively as a strategic partner with CHIA.
4. Sample Projects. The Contractor:
(a) Provides and/or describes sample projects that in the estimation of CHIA are high quality projects and align with CHIA’s web development needs; and
5. Best Value. The Contractor demonstrates:
(a) Proposed costs that are reasonable and in line with the Scope of Services. Lowest rates will not be the sole determining factor in awarding the contract;
(b) Demonstrates best value based on qualifications and pricing. In addition to the above evaluation criteria, CHIA will select and enter into a contract with the candidate whose proposal, in reviewers’ opinions, provides the best value for the services required;
14 Estimated Procurement Calendar
| Procurement Activity |
| Date |
| Time |
| Bid Release Date |
| 11/29/2021 |
| 3:00pm EST |
| Deadline for Submission of Questions through COMMBUYS “Bid Q&A” |
| 12/3/2021 |
| 12:00pm EST |
| Official Answers for Bid Q&A published (Estimated) |
| 12/8/2021 |
| 3:00pm EST |
| Bid Amendment Deadline / Online Quote Submission Begins. Bid documents will not be amended after this date. |
| 12/13/2021 |
| 3:00pm EST |
| Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS) |
| 12/13/2021 |
| 12:00pm EST |
| Negotiations (Estimated) |
| 12/15/2021 |
| Estimated Contract Start Date |
| 12/17/2021 |
14.1 Procurement Calendar Updates
Times are Eastern Standard/Daylight Savings (US), as applicable. If there is a conflict between the dates in this RFQ Calendar and the dates posted to COMMBUYS, the posted dates shall prevail. Any changes in the RFQ Calendar that are made after the RFQ has been published will not result in amendments to the RFQ and the related RFQ Calendar therein. Instead, such changes will appear only on COMMBUYS. Bidders are required to monitor COMMBUYS for changes to the procurement calendar for this Bid.
14.2 Prohibitions
Bidders are prohibited from communicating directly with any employee of the procuring Department or any member of CHIA regarding this RFQ except as specified in this RFQ, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFQ. Bidders may contact the contact person using the contact information provided in this Bid in the event that this RFQ is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the COMMBUYS Helpdesk.
14.3 Online Questions (Bid Q&A)
Written Questions must be entered by pressing the “Bid Q&A” tab for the Bid in COMMBUYS no later than the “Online Questions Due” date and time indicated in the Estimated Procurement Calendar (above). The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.
It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.
Written Responses to Questions will be released on or about the “Official Answers for Bid Q&A” date indicated in the Estimated Procurement Calendar (above).
(Written questions and responses will be posted on the Bid Q&A Tab for this Bid in COMMBUYS.)
14.4 Bid Amendment Deadline
The Purchasing Department reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. The Purchasing Department and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.
14.5 Quotes (Bid Responses) Deadline (Bid Opening Date/Time)
See the Quotes (Bid Responses) Deadline (Bid Opening) Date and Time indicated in the Estimated Procurement Calendar (above). .
14.6 Estimated Contract Start Date
This is the approximate start date. The actual start date will be the Contract Effective Date which is the date the Contract is executed by the parties.
15 Instructions for Submission of Responses:
Only electronic quotes submitted via COMMBUYS will be accepted in response to this RFQ. Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix C.
16 Required Forms Responses to this RFQ must contain the following documents:
| Check if applicable (“X”) |
| Form/Document |
| Notes/Instructions (If any) |
| |X| |
| Appendix A: Key Personnel & Budget |
| Electronic Submission |
| |X| |
| Business Reference Form |
| Electronic Submission |
| |X| |
| Description of Approach (section 6.2.1) |
| Electronic Submission |
| |X| |
| Appendix B: Confidentiality Agreement |
| Required from Successful Bidder upon Contract Execution |
The above attachments are available as part of the Bid record on COMMBUYS (WWW.COMMBUYS.COM).
Appendix A: Key Personnel & Budget
1. Please complete the following budget table. You can add as many rows as necessary.
Section 1 should include primary deliverables and all labor-related costs.
FY22 (Contract execution date through 6/30/2022)
Section 1
| Date |
| Milestone or Deliverable |
| ANTICIPATED COST |
Monthly Hosting Fee
Services as described in Section 6.1
Total cost
2. Please provide a listing of ITT72 functional roles and/or titles / job classifications necessary to perform any work for the anticipated project; (e.g., Graphic Designer, Editor, Technical Support, Content Migration, Testing, etc.) and indicate the maximum hourly rates for each.
| Functional role/title/classification: |
| Maximum Hourly Rate: |
3. Key Personnel Listing
· Provide a listing of key personnel that will initially perform the work associated with this contract; please include names, titles and a brief bio.
· Changes in key personnel from the original consultant’s proposal must be pre-approved by the contract manager.
· Brief personnel bios not listed must be submitted to the contract manager for approval prior to billing for said personnel.
NOTES:
Hourly rates should not exceed the ceiling rates approved in ITT72.
CHIA understands that the amounts for the deliverables in Appendix A are estimates and that the maximum obligation amounts may change for each deliverable. Any additional scope(s) of work that align with the goals of this project will remain flexible and will not exceed any internal maximum obligation cap decided upon by CHIA.
Changes in key personnel from the original contractors’ proposal must be pre-approved by the contract managers and should fit under a role that was initially approved.
Appendix B (For Review Only, Vendors may need to sign a Confidentiality Agreement, a Data Use Agreement or a Data Management Plan at Contract Award depending on the type of services provided.)
AGREEMENT FOR USE OF CENTER FOR HEALTH INFORMATION AND ANALYSIS (CHIA) DATA CONTAINING IDENTIFIABLE CONFIDENTIAL INFORMATION ALLOWED UNDER A TASK ORDER The Contractor and the Center for Health Information and Analysis [“CHIA”] are parties to that certain task order dated as of ________________ [“Task Order/Agreement”].
This Data Use Agreement [“DUA”] addresses the conditions under which CHIA will release and the Contractor will obtain, use, reuse and disclose data released by CHIA to Contractor, including but not limited to, any derivative file(s) created by the Contractor, copies of CHIA data, subsets of CHIA data, and additional years or release versions of CHIA data (“Data”).
| I. | Approved Task Orders; Permitted Uses |
| 1. | The Data may only be used solely as set forth in the Task Order/Agreement, and unless approved by CHIA under an amendment hereto, for no other use. The Contractor shall not disclose, use or reuse, sell, rent, lease, loan, or otherwise grant access to the Data except as specified in this DUA, the Task Order/Agreement, or as CHIA may authorize in writing or as otherwise required by law. The Contractor shall not use the Data to attempt to identify individuals. The Contractor shall not disclose to anyone who is not an authorized user of the Data any direct findings, listings, or information derived from the Data, with or without direct identifiers, if such findings, listings, or information can, by themselves or in combination with other data, be used to deduce an individual’s identity. |
| 2. | Absent express written authorization from CHIA and set forth in the Task Order/Agreement, the Contractor shall not attempt to link records included in the Data to any other information, including but not limited to, linkage to other CHIA data file(s). |
| II. | Data Privacy and Security Obligations |
| 1. | The Contractor shall ensure the integrity, security, and confidentiality of the Data and shall comply with the terms of this DUA, the Task Order/Agreement, M.G.L. chapters 93H and 93I and, as applicable, the privacy and security standards set forth in the federal Privacy Act and the Health Insurance Portability and Accountability Act, or any other applicable federal and state law. The Contractor shall permit appropriate disclosure and use of the Data only as permitted by law and by this DUA and the Task Order/Agreement, and shall not use the Data to attempt to identify individuals. |
| 2. | The Contractor shall establish appropriate administrative, technical, and physical safeguards to protect the confidentiality of the Data and to prevent unauthorized use or access to the Data. The Contractor acknowledges that the use of unsecured telecommunications, including the Internet, to transmit individually identifiable or deducible information derived from the Data is prohibited. The Data may not be physically moved, transmitted or disclosed in any way from or by the site approved by CHIA without prior written approval from CHIA unless such movement, transmission or disclosure is required by a law, in which case Contractor shall promptly notify CHIA. |
| 3. | The Contractor agrees that any use of the Data in the creation of any document (manuscript, table, chart, study, report, etc.) that is shared with anyone who is not an authorized user of the Data shall adhere to CHIA’s current cell size suppression policy. This policy stipulates that no cell (e.g., admittances, discharges, patients, services) less than 11 may be displayed. Also, no use of percentages or other mathematical formulas may be used if they result in the disclosure of a cell less than 11. Reports and analytics must use complementary cell suppression techniques to ensure that cells with fewer than eleven observations cannot be identified by manipulating data in adjacent rows, columns or other manipulations of the report. |
| 4. | If the Contractor receives CHIA’s approval to disclose the Data to an agent, subcontractor, or other third party, the Contractor shall require such agent, subcontractor, or other third party receiving the Data to agree, in writing, to adhere to the same terms and conditions with respect to the use, disclosure, maintenance, destruction, privacy and security of the Data that apply to the Contractor under this DUA and the Task Order/Agreement. |
| 5. | Within the Contractor organization and the organizations of its agents, access to the Data shall be limited to the minimum amount of data and minimum number of individuals necessary to complete performance under the Task Order/Agreement for which the Data was released (i.e., individual’s access to the Data will be on a need-to-know basis). |
| III. | Inspections |
The Contractor shall grant reasonable access to its facilities, personnel and the Data, and to any non-Contractor site where the Data is held, to authorized representatives of CHIA for the purpose of confirming compliance with the terms of this DUA. Contractor shall promptly respond to any request by CHIA to verify Contractor’s compliance with the terms of this DUA, as well as compliance of any agent, contractor or third party to whom the Contractor disclosed CHIA Data.
| IV. | Reporting and Treatment of Subpoenas and Unauthorized Uses, Disclosures or Security Incidents |
| 1. | The Contractor shall not disclose, use or reuse, sell, rent, lease, loan, or otherwise grant access to the Data except as specified in this DUA or in the Task Order/Agreement or as CHIA may authorize in writing or as otherwise required by law, in which case Contractor shall promptly notify CHIA. In the event the Data is subpoenaed or becomes the subject of a court or administrative order or other legal process, the Contractor shall consult with CHIA prior to responding to any such request or demand and provide CHIA with reasonable opportunity to assert to the requestor, court, or administrative agency any objections to disclosure as may be legally available to CHIA. Until CHIA responds to the Contractor’s notice of legal process given in accordance with this provision, the Contractor shall assert objections to disclosure of such records and data on grounds as may be legally available to the Contractor. |
| 2. | In the event CHIA determines or has a reasonable belief that the Contractor has made or may have made a use, reuse or disclosure of the Data that is not authorized by this DUA or Task Order/Agreement or other written authorization from CHIA, CHIA, at its sole discretion, may require the Contractor to: (a) promptly investigate and report to CHIA the Contractor’s determinations regarding any alleged or actual unauthorized use, reuse or disclosure; (b) promptly resolve any issues identified by the investigation; (c) if requested by CHIA, submit a formal response to an allegation of unauthorized use, reuse or disclosure in the time frame specified by CHIA; (d) if requested by CHIA, submit a corrective action plan with steps designed to prevent any future unauthorized uses, reuses or disclosures in the time frame specified by CHIA; and (e) if requested by CHIA, return the Data to CHIA or destroy the Data and any copies thereof. As a result of CHIA’s determination or reasonable belief that unauthorized uses, reuses or disclosures have taken place, CHIA may in its sole discretion terminate the Task Order/Agreement and refuse to release further CHIA data to the Contractor. |
| 3. | The Contractor shall report loss of the Data or disclosure to any unauthorized persons to CHIA within three business days of such loss or unauthorized disclosure and shall cooperate fully in any CHIA incident response process. While CHIA retains all ownership rights to the Data, the Contractor shall bear the sole cost and liability for any privacy and security breaches related to the Data while the Data are entrusted to the Contractor. Furthermore, if CHIA determines that the risk of harm requires notification to affected individuals of the security breach and/or other remedies, the Contractor shall be solely liable to carry out these remedies at its sole cost and expense. |
| V. | Data Ownership |
CHIA retains all ownership rights in and to the Data; the Contractor does not obtain any right, title, or interest in or to the Data.
VI. Data Retention and Destruction Except set forth herein, the Data released under the Task Order/Agreement may be retained by the Contractor until performance of work under the Task Order/Agreement is completed. The Contractor shall notify CHIA of completion of performance of work under the Task Order/Agreement, whereupon the Contractor shall promptly destroy the Data received under the Task Order/Agreement, including all copies thereof. The Contractor shall promptly, but no later than 30 days after completion of performance of work under the Task Order/Agreement, or upon other termination of the Task Order/Agreement, send written certification of the destruction of the Data to CHIA, using the form attached hereto. The Contractor shall not retain Data received under the Task Order/Agreement after the work is completed unless authorized in writing by CHIA. The Contractor acknowledges its affirmative obligation to destroy the Data upon completion of performance of work under the Task Order/Agreement, and that such obligation is not contingent upon action by CHIA.
| VII. | Term and Termination of DUA |
| This DUA shall remain in full force and effect at all times while Contractor or its agent maintains any Data. This DUA will terminate upon CHIA’s receipt of the Data Destruction Forms for all Data in Contractor’s possession. | |
| VIII. | Amendment |
The terms of this DUA can be changed only by written amendment to this DUA or by the parties adopting a new agreement.
IX. Violations and Penalties A violation of this DUA or the Task Order may result in penalties and remedies allowed by law, including but not limited to M.G.L. c. 214 § 1B and M.G.L. c. 93A. CHIA may notify state and federal law enforcement officials, as applicable, of any data breaches in connection with any violation of this DUA. It is the sole responsibility of the Contractor to ensure compliance with all other local, state, and federal laws and regulations. Nothing in this section shall limit CHIA’s remedies at law or in equity.
| X. | No Representations or Warranties |
| CHIA MAKES NO REPRESENTATIONS OR WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO CHIA DATA, THE SOFTWARE, OR ANY OTHER INFORMATION PROVIDED BY CHIA OR ITS AGENTS WITH RESPECT TO ANY OF THE FOREGOING, AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO CHIA DATA, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, CHIA MAKES NO WARRANTY, GUARANTEE OR REPRESENTATION REGARDING THE USE, OR ANY INTENDED, EXPECTED, OR ACTUAL RESULTS OF THE USE, OF CHIA DATA, THE SOFTWARE, OR ANY OTHER INFORMATION PROVIDED BY CHIA IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CHIA DOES NOT MAKE ANY WARRANTIES THAT CHIA DATA, SOFTWARE, OR ANY OTHER INFORMATION PROVIDED BY CHIA WILL BE ERROR-FREE. CHIA SPECIFICALLY DISCLAIMS ALL EXPRESS WARRANTIES NOT STATED HEREIN AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO CHIA AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY EXPANSION, MODIFICATION, OR ADDITION TO THE LIMITATION AND EXCLUSION OF WARRANTIES IN THIS DUA. |
CHIA USES AVAILABLE TECHNOLOGY TO MATCH PATIENT IDENTITIES WITH THEIR HEALTH INFORMATION. BECAUSE PATIENT INFORMATION IS MAINTAINED IN MULTIPLE PLACES, NOT ALL OF WHICH ARE ACCESSIBLE TO CHIA, AND BECAUSE NOT ALL PATIENT INFORMATION IS KEPT IN A STANDARD FASHION OR IS REGULARLY UPDATED, IT IS POSSIBLE THAT FALSE MATCHES MAY OCCUR OR THAT THERE MAY BE ERRORS OR OMISSIONS IN THE INFORMATION. CHIA DOES NOT AND CANNOT INDEPENDENTLY VERIFY OR REVIEW THE INFORMATION TRANSMITTED FOR ACCURACY OR COMPLETENESS.
| XI. | Data Custodian |
| The following named individual is designated as Custodian of the file(s) on behalf of the Contractor and is the person responsible for the observance of all conditions of use and for establishment and maintenance of security arrangements as specified in this DUA and the Task Order/Agreement to prevent unauthorized use. The Contractor shall notify CHIA within fifteen (15) days of any change of custodianship. CHIA may disapprove the appointment of a custodian or may require the appointment of a new custodian at any time. |
The Custodian hereby acknowledges his/her appointment as Custodian of the aforesaid file(s) on behalf of the Contractor, and agrees to comply with all of the provisions of this DUA and the Task Order/Agreement on behalf of the Contractor.
| Name of Custodian: |
| Organization: |
| Street Address: |
| City: |
| State: |
| Zip Code: |
| Office Telephone (Include Area Code): |
| E-Mail Address (if applicable): |
| Signature: |
| Title: |
| Date: |
Confidentiality Agreement I, ________________________, hereby acknowledge that in connection with my performance of services under a task order and/or other agreement for services (the “Agreement”) between the Center for Health Information and Analysis (“CHIA”) and ________________ (the “Contractor”), I may come into contact with, or CHIA or the Contractor may provide me with CHIA Confidential Information (“CI”), which may include, but is not limited to, patient level protected health information, payer information and/or information that CHIA considers to be confidential. I further acknowledge that the CI may constitute “personal data” or “personal information,” as defined in M.G.L. c. 66A and M.G.L. c. 93H, respectively, and that if the Contractor is provided with access to such information, the Contractor will become a “holder” of personal data as that term is defined in M.G.L. c. 66A; will be subject to all of the requirements of M.G.L. c. 66A, M.G.L. c. 93H, and M.G.L. c. 93I regarding such data; and will be subject to penalties for violations of M.G.L. c. 66A in accordance with the provisions of M.G.L. c. 214, § 3B.
I hereby agree to the following:
I will comply with all of the terms of the Agreement regarding the access to, use, and disclosure of any CI provided by CHIA or the Contractor, or created or received by or on behalf of CHIA. I will at all times maintain the confidentiality of the CI and will not, either directly or indirectly, disclose or otherwise make the CI available to any unauthorized person at any time. I will not inspect or “browse” the CI for any purpose not set forth in the Agreement.
If patient level protected information, I will comply with the terms of the Data Use Agreement. I will not access, or attempt to access, (i) my own CI for any purpose, or (ii) CI relating to any individual or entity, including family members, neighbors, relatives, friends, ex-spouses, their employers, or others, for any reason other than as required to perform my responsibilities under the Agreement. I will comply with all laws and regulations relating to confidentiality, privacy, security and disposal of the CI, including but not limited to M.G.L. c. 66A, M.G.L. c. 93H and M.G.L. c. 93I, together with any applicable federal laws and regulations. M.G.L. c. 66A prohibits the unauthorized disclosure of “personal data,” as defined therein.
I understand that any violations of this Agreement, M.G.L. c. 93H (regarding data breaches), M.G.L. c. 93I (regarding data destruction), and other laws protecting privacy and data security may subject me to criminal or civil liability. I further understand that CHIA will notify state and federal law enforcement officials, as applicable, of any data breaches in connection with any violation of the Agreement.
Name
| _________________________________________ | __________________ | |
| Signature | Date |
CERTIFICATION OF COMPLETION & DATA DESTRUCTION
CHIA Data must be destroyed so that it cannot be recovered from the electronic storage media. Acceptable methods include the use of file wiping software implementing at a minimum DoD.5200.28-STD (7) disk wiping, and the degaussing of backup tapes. Electronic storage media such as floppy disks, CDs, and DVDs used to store data must be made unusable by physical destruction. All data destruction must comply with the requirements of M.G.L. c. 93I.
The undersigned hereby certifies that the work under the Task Order between ____________ and CHIA dated as of ________________ and subject to the Data Use Agreement dated as of _______________________ is complete as of this date: _________________________.
The undersigned further certifies as follows (check the appropriate section):
☐ I/we certify that I/we have destroyed all Data received from CHIA in connection with this Task Order, in all media that was used during the scope of work. This includes, but is not limited to, Data maintained on hard drives and other storage media.
☐ I/we certify that I/we will continue to hold Data pending any request for an extended retention date (which request may or may not be granted by CHIA in its discretion.)
| Name of Custodian: |
| Organization: |
| Street Address: |
| City: |
| State: |
| Zip Code: |
| Office Telephone (Include Area Code): |
| E-Mail Address (if applicable): |
| Signature: |
| Title: |
| Date: |
Data Management Plan for Use of CHIA Data
I. INSTRUCTiONS
Any Recipients, contractors, or agents receiving CHIA Data (“Data”) must complete and execute this Data Management Plan. Certain CHIA Data includes Protected Health Information (“PHI” as defined under the Health Insurance Portability and Accountability Act [HIPAA] and its implementing regulations) and all CHIA Data contains elements that may be used to identify an individual. The Data Management Plan(s) will be incorporated within the Data Use Agreement that must be executed prior to receipt of the Data. You may wish to refer to the Data Use Agreement as you complete this Data Management Plan. This Data Management Plan should be completed by the Chief Information Security Officer, Chief Privacy Officer, legal counsel or another officer with sufficient knowledge of the Agency or Organization’s data privacy and security practices and who has authority to bind the Agency or Organization.
II. GENERAL INFORMATION
Title of ISA or Task Order
Organization Holding CHIA Data under this Data Management Plan:
III. CERTIFICATIONS
The undersigned certifies and agrees as follows:
· The Data will be encrypted at rest on storage media (backup tapes, local hard drives, network storage, et al) with at least AES-256 standard or stronger.
· The Data will be encrypted in transit consistent with the approved method(s) described in this Data Management plan at section V.3-b.
· Anti-virus software or service is active on any server or endpoint containing the Data.
· If a Covered Entity or Business Associate under HIPAA, the Agency or Organization is in full compliance with the privacy and security requirements of HIPAA; trains all staff who access PHI on the requirements of HIPAA; and has Business Associate Agreements with all non-employees who access PHI.
· The Agency or Organization has policies and procedures in place to address:
· The sharing, transmission and distribution of PHI
· The physical removal, transport and transmission of PHI
· The physical possession and storage of PHI
· The destruction of PHI upon the completion of its use
· Confidentiality agreements with all individuals, including contractors, who will access PHI
· Agreements governing the use and disclosure of PHI with all non-employees who will access PHI
IV. RESPONSIBLE PARTIES
Please identify the following individuals within your Agency or Organization:
1. The individual responsible for organizing, storing and archiving the Data. This individual is the Custodian of the CHIA Data required under Article XI of the Data Use Agreement.
Name:
Agency/Organization:
Title:
Phone:
Address, City/Town, State, Zip Code:
Email:
Reports to (name and title):
2. The individual(s) responsible for the research team using the Data, including ensuring each individual (i) has a signed confidentiality agreement, (ii) accesses and uses only the minimal Data necessary to achieve the research purpose, (iii) accesses the Data only on a secured server according to Applicant’s policies. This individual is also responsible for maintaining the access log required under Article II, Section 5 of the Data Use Agreement.
Name:
Agency/Organization:
Title:
Phone:
Address, City/Town, State, Zip Code:
Email:
Reports to (name and title):
3. The individual responsible for notifying CHIA of any breach of the Data Use Agreement or this Data Management Plan.
Name:
Organization:
Title:
Phone:
Address, City/Town, State, Zip Code:
Email:
Reports to (name and title):
4. The individual responsible for ensuring the Data is destroyed upon termination of the Data Use Agreement, completing the Data Destruction Form and providing that Form to CHIA.
Name:
Organization:
Title:
Phone:
Address, City/Town, State, Zip Code:
Email:
Reports to (name and title):
V. DATA SECURITY AND INTEGRITY
Agents or contractors that will have access to or store the CHIA Data at a location other than the Recipient’s location, or in an off-site server and/or database, must complete a separate Data Management Plan.
1. Physical Location of the Data:
a. Please provide the delivery address for the Data, as well as the full address, including building and floor, of each location where Data will be delivered and stored.
Delivery: (if applicable) Organization:
| Street Address: |
| City: |
| State: |
| ZIP Code: |
Office Telephone (Include Area Code):
Storage:
Organization:
| Street Address: |
| City: |
| State: |
| ZIP Code: |
Office Telephone (Include Area Code):
b. Will the Data be stored by the third party on a system in the cloud (reachable via the Internet)?
☐ Yes ☐ No
i. If you answered yes to (b): Has this Cloud Service Provider passed a FedRAMP 3PAO assessment for the specific cloud system which will host the data?
☐ Yes ☐ No
ii. If you answered yes to (b): What is the name of the provider and the FedRAMP level the specific cloud system hosting the data is operating at?
2. Data Privacy Training and Awareness:
a. Has every individual who will access the Data received training on the proper handling of protected health information and/or personal data within the last year?
☐ Yes ☐ No
3. Encryption of Data:
a. Will all CHIA Data at rest be encrypted on storage media (backup tapes, local hard drives, network storage, et al) with encryption at least AES-256 or stronger. All Recipients of CHIA Data must encrypt data at res. A Data Management Plan indicating otherwise will not be approved and returned for revisions.
☐ Yes ☐ No
b. Will CHIA Data be transmitted by your Agency or Organization over the Internet?
☐ Yes ☐ No
If you answered yes to (b): which of the following if any are used when transmitting data over the internet? If selecting other please describe the method in space provided below.
☐ SSL (meets or exceeds TLS 1.1 or TLS 1.2) ☐ SFTP ☐ other
4. Information Security:
a. Does your Agency or Organization have published information security policies which are followed and accessible to all staff accessing or handling CHIA Data?
☐ Yes ☐ No
b. Has every individual who will access the CHIA Data received cyber security awareness training in the last year?
☐ Yes ☐ No
c. Has your Agency or Organization experienced a breach of PHI or Personally Identifiable Information in the last seven (7) years?
☐ Yes ☐ No
i. If you answered yes to (c): how was the breach resolved and what steps were taken to prevent a recurrence?
5. Technical and Physical Controls:
a. Are all the user accounts that log on to any machine (server or endpoint) that accesses the Data uniquely assigned to individual users (i.e., the user accounts are not shared)?
☐ Yes ☐ No
b. Is an audit log maintained of all user log-ons to the system hosting the CHIA Data?
☐ Yes ☐ No
c. What is the minimum password length and character complexity (uppercase, lowercase, numeric, and special characters) required for new passwords on the user accounts logging on to the system accessing the CHIA Data?
d. Describe any additional authentication technical security controls you employ to defend the system against unauthorized logon, e.g. maximum failed login attempts, lockout period, etc.:
e. Do you run a current version of a commercial off-the-shelf anti-virus or anti-malware product on the server that will host the CHIA Data?
☐ Yes ☐ No
f. If the CHIA Data will be on a server or network accessible storage drive, then check all the security features present in the room containing CHIA Data:
i. ☐ Recorded video
ii. ☐ Access log of all individuals entering the room
iii. ☐ Secure server rack
iv. ☐ Access control limiting access only to authorized individuals
g. What additional specific physical or technical safeguards (not mentioned in prior answers) will be used to mitigate the risk of unauthorized access to CHIA Data?
h. When was the last information security risk assessment performed in your Agency or Organization? Who conducted it?
i. When was the last IT audit performed in your Agency or Organization? Who conducted it?
VI. DATA DESTRUCTION
The Recipient attests that the CHIA Data and all copies of the CHIA Data used by the Applicant or its employees, contractors, or agents will be destroyed upon Project Completion or termination of the Data Use Agreement. All data destruction must conform to the requirements of M.G.L. c. 93I and to the Data Use Agreement. Please specify below the technical measures you will use to meet these requirements.
VI. ATTESTATION
By submitting this Data Management Plan, the Agency or Organization attests that it is aware of its data use, privacy and security obligations imposed by state and federal law and confirms that it is compliant with such use, privacy and security standards. The Agency or Organization further agrees and understands that it is solely responsible for any breaches or unauthorized access, disclosure or use of CHIA Data, including, but not limited to, any breach or unauthorized access, disclosure or use by its agents.
By signature below, I attest: (1) to the accuracy of the information provided herein; (2) that the Agency or Organization agrees to hold and/or access CHIA Data at all times in compliance with all provisions of this Data Management Plan and the Data Use Agreement; and (3) to my authority to bind the Agency or Organization undersigned as an authorized signatory of the Organization.
Signature:
(Authorized Signatory for Organization holding CHIA Data)
Printed Name:
Title:
Organization Holding CHIA Data:
Date:
Appendix C: Instructions for Vendors Responding to Bids Introduction COMMBUYS refers to all solicitations, including but not limited to Requests for Proposals (RFP), Invitations for Bid (IFB), Requests for Response (RFR), Requests for Quote (RFQ), as “Bids.” All responses to Bids are referred to as “Quotes.”
Steps for Bidders to Submit a Quote
1. Launch the COMMBUYS website by entering the URL (www.COMMBUYS.com) into the browser.
2. Enter Bidder login credentials and click the Login button on the COMMBUYS homepage. Bidders must be registered in COMMBUYS in order to submit a Quote. Each Vendor has a COMMBUYs Seller Administrator, who is responsible for maintaining authorized user access to COMMBUYS.
3. Upon successful login, the Vendor home page displays with the Navigation and Header Bar as well as the Control Center. The Control Center is where documents assigned to your role are easily accessed and viewed.
4. Click on the Bids tab
5. Clicking on the Bid tab opens four sections:
a. Request for Revision
b. Bids/Bid Amendments
c. Open Bids
d. Closed Bids
6. Click on the blue Open Bid hyperlinks to open and review an open bid
7. A new page opens with a message requesting you acknowledge receipt of the bid. Click Yes to acknowledge receipt of the bid.
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