T3035 QA Bid Amendment 7~1.docx

State of New Jersey

July 13, 2017

To: All Interested Vendors {Bidders}

Re: Bid Solicitation {RFP} # 17DPP00119 T3035 Hospital Incentive Program

Quote {Proposal} Submission Due Date: August 1, 2017 (2:00 p.m. ET)

Bid Amendment {Addendum} #7

The following constitutes Bid Amendment {Addendum} #7 to the above referenced Bid Solicitation {RFP}:

· This Bid Amendment {Addendum} includes answers to questions; and

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation {RFP} # 17DPP00119, please refer to the Revised Bid Solicitation {RFP} titled “Revised T3035 Hospital Incentive Program Bid Solicitation {RFP} 6.22.17”.

It is the sole responsibility of the Vendor {Bidder} to be knowledgeable of all of the additions, deletions, clarifications, and modifications to the Bid Solicitation {RFP} and/or the New Jersey Standard Terms and Conditions relative to this Bid Solicitation {RFP} as set forth in all Bid Amendments {Addenda}.

All other instructions, terms, and conditions of the Bid Solicitation {RFP} shall remain the same.

T3035 Hospital Incentive Program Bid Solicitation {RFP} Number: 17DPP00119

Answers to Questions

Note: Some of the questions have been paraphrased in the interest of readability and clarity. Each question is referenced by the appropriate Bid Solicitation {RFP} page number(s) and section where applicable.

A. The extent to which the New Jersey Office of Information Technology’s Architecture Review process will be applied to the day to day operations of the Contractor’s systems.

B. The requirements for application and tenant isolation which would require the purchase and establishment of a stand-alone (isolated) network and software applications specifically for New Jersey data.

C. Change/Configuration Management and Security Authorization, where any changes made by the Contractor or the Contractor’s network or applications must be authorized by the State.

D. Replication of all state data to a designated State system in a format designated by the NJ Office of Information and Technology no less frequently than once a month.

E. When combining data with the State’s data for analytical purposes, including data from licensed products, the vendor is required to supply such data to the State’s enterprise data warehouse. Additionally, it may be necessary, in such circumstances, for the State to purchase needed software for the Contractor’s use.

F. The requirement for a nightly transmission of data from the Contractor’s system to the State’s enterprise warehouse.

G. Replication of all State data on the contractor’s system.

H. The requirement of the contractor to provide and maintain two external communication links into the State of New Jersey, with one link active and one as a “hot” spare.

A. The System Architecture Review process does not apply to day-to-day operations. It is a design review process that is completed before production deployment.

B. A single tenant solution shall be required because Protected Health Information (PHI) will be stored in the solution. The purpose of the single tenant solution is to ensure that the State’s data is not in a comingled environment with other entity’s data, and to ensure the State’s date is adequately safeguarded.

C. The Vendor {Contractor} must get DOH approval for any changes to application or network that affects the DOH system. This requirement is to secure the integrity of the system.

D. The Vendor {Contractor} shall supply DOH with a copy of DOH data at least one (1) time per month, in a format usable by the DOH, in the event of contract termination or disaster. See “Revised T3035 Hospital Incentive Program Bid Solicitation {RFP} 6.22.17” which reflects this change.

E. Where there is a need to combine data from the Vendor’s {Contractor’s} system with data from other systems purely for analytical purposes, the Vendor {Contractor} shall be required to supply DOH with a copy of DOH data at least once a month in a format usable by the DOH. See “Revised T3035 Hospital Incentive Program Bid Solicitation {RFP} 6.22.17” which reflects this change.

F. The Vendor {Contractor} shall be required to supply DOH with a copy of DOH data at least once a month in a format usable by the DOH. See “Revised T3035 Hospital Incentive Program Bid Solicitation {RFP} 6.22.17” which reflects this change.

G. The Vendor {Contractor} shall supply DOH with a copy of DOH data at least one (1) time per month, in a format usable by the DOH, in the event of contract termination or disaster. See “Revised T3035 Hospital Incentive Program Bid Solicitation {RFP} 6.22.17” which reflects this change.

H. This is only relevant if the Vendor {Contractor} will using an extranet with the State, and this requirements ensures availability of the system. An extranet plan is not required with this Bid Solicitation {RFP}. See “Revised T3035 Hospital Incentive Program Bid Solicitation {RFP} 6.22.17” which reflects this change.

This information is not available at this time.

Per Bid Solicitation {RFP} Section 3.12, the Vendor {Contractor} shall, at the direction of the SCM, provide additional training for a specific hospital as needed, as authorized by the DOH.

Yes, as the hospital submits its quarterly and annual budget to the State, the Vendor {Contractor} shall be required to evaluate the budget, including, but not limited to, hospital expenses and return on investment.

A. The Vendor {Contractor} shall provide webinars as needed, at the request of the DOH. The different referenced time frames provided throughout the Bid Solicitation {RFP} were provided to give Vendors {Bidders} an estimate of the number of webinars needed for the tasks detailed in each section.

B. The Vendor {Contractor} shall provide Learning Collaboratives at a minimum monthly, and as needed at the request of DOH.

3.3.1 through 3.3.10 Project Staffing The staff positions in this section are listed as full time. A. Does full time in these requirements speak to the employment status of the individual with the Contractor or is it meant to reflect a minimum number of hours (eg. 40 hours per week) that the individual is expected to work exclusively on this engagement? B. If the latter, will DOH entertain offers from bidders who can efficiently and effectively provide the services required using a full time employee who may at times work less than 40 hours per week on this engagement? C. And/or multiple individuals that meet the required qualifications that will work minimally 40 hours per week on the contract?

A. Full-time reflects the minimum number of hours that the individual shall be expected to work exclusively on this engagement.

B. The DOH shall not entertain offers from Vendors {Bidders} for hours less than the required minimum of 40 hours.

C. Please refer to the above answer provided for part B of this question.

A. This information is available on the NJ DSRIP website: http://dsrip.nj.gov/documents/NJ%20DSRIP%20PLANNING%20PROTOCOL_v1_08-09-2013.pdf. Please refer to the Funding and Mechanics Protocol (FMP).

B. The Vendor {Contractor} shall comply with the Metrics set forth in the FMP, and any changes in requirements that may be implemented during the course of the Contract term.

A. Yes, the current program utilizes Groupers in their metrics.

B. The Grouper currently being used is 3M’s AP-DRG Version 27.

C. The Groupers are not transferable to the new Vendor {Contractor}. The Vendor {Contractor} shall supply its own Grouper, at no additional cost to the State.

A. Yes, as required by RFP Section 3.6, the Vendor {Contractor} shall be responsible for determining payments to be made from the calculated measures.

B. Yes, as required by RFP Section 3.6, the Vendor {Contractor} shall be responsible for determining that the individual measures are statistically reliable enough upon which to base payment.

No, real-time progress reporting is not an expectation.

The Vendor {Contractor} shall be responsible to develop the corrective action plan for the hospital, as well as monitor the hospitals adherence to the corrective action plan.

3.8 Quarterly Analysis of Metrics and Expected improvement Targets Does the Department require that MMIS claims based performance measurement be run quarterly or semi-annually? Section 3.8 indicates that items A-D should be performed quarterly. This includes B. Run metric and improvement targets?? Later in the RFP, Section 3.9 N, however, it mentions offering semi-annual claims data to hospitals.

The tasks identified in Section 3.8 (A-D) shall be performed semi-annually. See “Revised T3035 Hospital Incentive Program Bid Solicitation {RFP} 6.22.17” which reflects this change.

Quarterly Analysis of Metrics and Expected Improvement Targets What are the recommendations from TRI-CHAIR re: this new DSRIP contract?

The Tri-Chair group has not provided a formal recommendation for this new DSRIP contract.

Quarterly Analysis of Metrics and Expected Improvement Targets What data source or sources will be required for use in the preparation of the data book and metric calculations?

Please refer to the databook available on the NJ DSRIP website located at: http://dsrip.nj.gov/documents/NJ%20DSRIP%20PLANNING%20PROTOCOL_v1_08-09-2013.pdf.

The Vendor {Contractor} may share patient level MMIS data with the participating hospital and its partners; however, the Vendor {Contractor} must ensure that a data use agreement is in place prior to doing so.

Attribution Tasks. D.1 A. Can the State please provide more details around the requirement for project partner profile management? B. What are the expectations for this requirement?

A. Project Partners are community-based providers (e.g., clinics, physician groups, etc.). Hospitals identify such entities to help the hospital and its patients achieve the aims of the DSRIP program and the DSRIP project chosen by the hospital. Project Partners are included in the attribution model to identify and link patients to a specific hospital. They collect and report outpatient data.

B. The Vendor {Contractor} must update the hospital data with the Project Partner data in order to develop the Project Partner profile.

Attribution Tasks. I.

A. Does the State have existing models that should be utilized for this requirement? B. If so can the State please share the models and confirm that they are transferable to the new Contractor.

A. The NJ DSRIP attribution algorithm is explained in the databook available on the DSRIP website located at: http://dsrip.nj.gov/documents/NJ%20DSRIP%20PLANNING%20PROTOCOL_v1_08-09-2013.pdf. The Vendor {Contractor} must have the technology and statistical analytics capability to produce the NJ attribution algorithm.

B. The attribution algorithm is contained in the databook available on the NJ DSRIP website located at: http://dsrip.nj.gov/documents/NJ%20DSRIP%20PLANNING%20PROTOCOL_v1_08-09-2013.pdf. The expectation is to begin with the current attribution algorithm used in the NJ DSRIP program; however, the Vendor {Contractor} must have the capability to respond to changes that may be required during the term of the Blanket P.O. {Contract}.

Attribution Tasks - N A. Can the State please provide information as to the source of the MMIS claims data? B. In addition, please specify the file format and transfer protocol used today.

A. Refer to N.J.A.C. 10:52-14 and the State Plan Amendment under Title XIX of the SSA Attach 4.19A, pages I-1 thru I-47. These sections of the regulations lists all sources of the rates.

B. The Vendor {Contractor} must work directly with DHS to develop the file format and transfer protocol.

Attribution Tasks, A A. Please provide a copy of the current attribution model that is being used to assign Medicaid enrollees. ? B. Please clarify whether the new Contractor will initially start with the existing patient attribution algorithm and then modify/maintain or if the new Contractor will be expected to create a new patient attribution algorithm?

A. Please refer to the FMP located at:

http://dsrip.nj.gov/documents/NJ%20DSRIP%20PLANNING%20PROTOCOL_v1_08-09-2013.pdf.

B. The attribution algorithm is contained in the databook available on the NJ DSRIP website located at:

http://dsrip.nj.gov/documents/NJ%20DSRIP%20PLANNING%20PROTOCOL_v1_08-09-2013.pdf. The expectation is to begin with the current attribution algorithm used in the NJ DSRIP program; however, the Vendor {Contractor} must have the capability to respond to changes that may be required during the term of the Blanket P.O. {Contract}.

Provide training and Prepare Materials Can you provide Attachment 1: Planning Protocol, Toolkit so we can reference as required in the RFP?

Please refer to the NJ DSRIP website:

http://dsrip.nj.gov/documents/NJ%20DSRIP%20PLANNING%20PROTOCOL_v1_08-09-2013.pdf under resources.

Learning Collaborative Please confirm that DOH already has the survey tool in place to be used by the new Contractor.

The Vendor {Contractor} will base its design of each survey on the contents and material of each LC and not just repeat past surveys from the previous vendor. The Vendor {Contractor} shall be responsible for the design, production, distribution, and reporting of all results for the LC surveys.

Maintain DSRIP Information System, Learning Collaborative Portal, and Website

Is the current portal transferrable to the new Contractor?

No, the current portal is not transferable. It shall be the responsibility of the Vendor {Contractor} to provide its own website portal for data submission.

The secure portal is not transferable to the new Vendor {Contractor}. The Vendor {Contractor} shall provide a secure portal for the DOH, CMS and Hospitals to use to report and receive materials with the capabilities to upload and download data.

There is no DSRIP information system. The Vendor {Contractor} shall maintain the information system and technology support to operate the DSRIP program. The Vendor {Contractor} will post reports and documents on the NJ DSRIP website as appropriate and/or used in performance and payment calculations and in communication with hospitals.

There is no current DSRIP information system. Please refer to RFP Section 3.17 for the DSRIP information system requirements, as well as, Vendor {Contractor} requirements.

Invoicing Would the State please confirm that accepted invoices will be paid within thirty (30) calendar days of their receipt?

As specified in the Section 6.5 of the State of New Jersey Standard Terms and Conditions (SSTC’s), the New Jersey Prompt Payment Act, N.J.S.A. 52:32-32 et seq., requires state agencies to pay for goods and services within 60 days of the agency's receipt of a properly executed State Payment Voucher or within 60 days of receipt and acceptance of goods and services, whichever is later.

No, Vendors {Bidders} must provide the IT security documents as requested. Pursuant to Bid Solicitation {RFP} Section 1.4.4, a Vendor {Bidder} may designate any data or materials it asserts are exempt from public disclosure under OPRA and/or the common law, explaining the basis for such assertion.

6.8 Negotiations and Best and Final Offer (BAFO)

Will the State confirm that there will be contract negotiations prior to the issuance of the Master Purchase Order during which time the parties will agree on final contract terms?

As stated in Bid Solicitation {RFP} Section 1.3.1.1: “Questions regarding the SSTC and exceptions to mandatory requirements must be posed during this Electronic Question and Answer period and should contain the Vendor’s {Bidder’s} suggested changes and the reason for the suggested changes." As stated in Section 4.1 General: “Quotes {Proposals} including Vendor {Bidder} proposed terms and conditions may be accepted, but Vendor {Bidder} proposed terms or conditions that conflict with those contained in the Bid Solicitation {RFP} as defined in Section 2.0 of this Bid Solicitation {RFP}, or that diminish the State’s rights under any Blanket P.O. {Contract} resulting from the Bid Solicitation {RFP}, will be considered null and void.” There shall be no negotiation of terms and conditions after Quotes {Proposals} are open.

Offer and Acceptance page Would the State please confirm that a submission of a proposal to this RFP does not constitute a binding offer?

Submission of a proposal to this Bid Solicitation {RFP} is a binding offer; however, a Quote {Proposal} may be withdrawn in limited circumstances as described pursuant to Sections 1.4.7.1 and 1.4.7.2 of the Bid Solicitation {RFP}.

Small Business Subcontracting Set-Aside Blanket P.O, (Contracts) The RFP mentions set-aside subcontracting goals and small business subcontracting targets but we could not find these documented in the RFP. What are the specific goals or targets? Is it a mandatory requirement to bid a Small Business Enterprise for this procurement and/or to show good faith to meet the targets?

The use of Subcontractors is not a requirement for this Bid Solicitation {RFP}; however, Vendors {Contractors} that intend to subcontract should make a good faith effort to include NJ registered small businesses as subcontractors on state contracts.

The reference to Section 3.9 was a typographical error. Please see “Revised T3035 Hospital Incentive Program Bid Solicitation {RFP} 6.22.17” which reflects this change.

A. The State has no pre-determined number of references required, but cautions Vendors {Bidders} to ensure references demonstrate the ability of the Vendor {Bidder}.

B. Yes, confirmed.

The Bid Solicitation {RFP} is not restricted to audited financial statements. A firm can also provide independent accountant’s compiled or reviewed financial statements.

Vendor {Contractor} Responsibilities Would State please confirm that deliverables will only be reviewed for failures of the deliverable to confirm to mutually agreed upon specifications and that revisions to errors, omissions or deficiencies in deliverables and other services are for a period of sixty (60) days from the events giving rise to the claim and that the Contractor has the discretion to either: A) correct the defective service item(s) at the Contractor’s expense, or B) provide the State with an equitable adjustment in the Contract price?

No, the State does not confirm this. As stated in the Bid Solicitation {RFP}, the Vendor {Contractor} is responsible for the professional quality, technical accuracy and timely completion and submission of all deliverables, services or commodities required to be provided under this Blanket P.O. {Contract}. The Vendor {Contractor} shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in its deliverables and other services. The approval of deliverables furnished under this Blanket P.O. {Contract} shall not in any way relieve the Vendor {Contractor} of responsibility for the technical adequacy of its work.

Ownership of Material Would the State please confirm that we will have the opportunity to negotiate software license and intellectual property terms to ensure that they appropriate for the bidder’s proposed solution (e.g. COTS, SaaS, etc.)?

As stated in Bid Solicitation {RFP} Section 1.3.1.1: “Questions regarding the SSTC and exceptions to mandatory requirements must be posed during this Electronic Question and Answer period and should contain the Vendor’s {Bidder’s} suggested changes and the reason for the suggested changes." As stated in Section 4.1 General: “Quotes {Proposals} including Vendor {Bidder} proposed terms and conditions may be accepted, but Vendor {Bidder} proposed terms or conditions that conflict with those contained in the Bid Solicitation {RFP} as defined in Section 2.0 of this Bid Solicitation {RFP}, or that diminish the State’s rights under any Blanket P.O. {Contract} resulting from the Bid Solicitation {RFP}, will be considered null and void.” There shall be no negotiation of terms and conditions after Quotes {Proposals} are open.

Data Confidentiality Would the State please confirm that the Contractor will only be responsible for the actual and direct damages arising directly from the breach of confidentiality and does not include special, consequential, incidental, indirect or punitive damages of any kind?

No, the State does not confirm this. See Bid Solicitation {RFP} Section 5.17.1 for the Limitation of Liability.

Data Confidentiality Would the State consider capping the total financial liability to the twelve months of fees paid to the Contractor immediately prior to the incident giving rise to the claim?

No, the State will not consider this.

Data Security Standards Would the State confirm that any changes to the applicable federal and state statutory and regulatory requirements will be handled through the amendment or change order process to address any cost, schedule, scope, resource, and or other impacts?

Yes, the State confirms that any changes to the applicable federal and state statutory and regulatory requirements will be handled through the Addendum {Amendment} process to address the aforementioned items.

Data Security Standards Please clarify the State’s position on utilization of offshore resources in support of data storage, data access, application support, and operational support?

Pursuant to N.J.S.A. 52:34-13.2, all Blanket P.O.s {Contracts} shall be performed within the United States, except when the Director certifies in writing a finding that a required service cannot be provided by a Vendor {Contractor} or Subcontractor within the United States and the certification is approved by the State Treasurer. Also refer to Section 3.6 Service Performance Within U.S. of the SSTC.

III Inspection Would the State please confirm that prior to an inspection by the IRS or the Agency that the Contractor will be provided with no less than 48 hours prior written notice and that the inspections will occur on business days during business hours and will be conducted in a non-interference manner?

No, the State cannot confirm this.

A. No, the State will not consider this.

B. No, the State will not consider this.

The State does not distinguish between Errors and Omissions, Professional Liability Insurance, and/or Professional Liability Malpractice Insurance.

While there are weights assigned for the technical criteria, there is no weight assigned to price. This evaluation weights for the technical scores will remain confidential until a Notice of Intent to Award is issued.

2.10 and 2.11 Would the State confirm that any changes in law will be handled through the amendment or change order process to address any cost, schedule, scope, resource, and or other impacts?

Yes, the State confirms that any changes in law will be handled through the Addendum {Amendment} process to address the aforementioned items.

A. No, the State does not agree to this proposed modification.

B. No, the State does not confirm this.

5.4 State’s option to reduce scope of work

Would the State please confirm that they will provide the Contractor the ability to terminate the contract if the Director exercises the ability to reduce the scope of work as the reduction in scope could impact the Contractor so significantly that it renders the contract unprofitable?

No, the State does not confirm this.

5.6 Suspension of Work

A. Would the State please confirm that the Contractor may terminate this contract in the event that a suspension of work event lasts for over sixty (60) calendar days? B. Would the State confirm that the Contractor is entitled to adequate compensation if the State instructs the Contractor to stop work? C. Are there limits on the number of times the customer can issue a stop work order? D. Would the State confirm that the Contractor has no obligation to perform during the stop work period?

A. No, the State does not confirm this.

B. No, the State does not confirm this. Pursuant to the State’s SSTC, Section 5.6, the Vendor {Contractor} shall be paid for goods ordered, goods delivered, or services requested and performed until the effective date of the stop order.

C. No.

D. Yes, the State confirms that the Vendor {Contractor} has no obligation to perform during the stop work period.

5.7 (a) Termination of Contract for Convenience A. Would the State please consider amending this provision to allow for sixty (60) days prior written notice for a termination for convenience? B. Would the State please confirm that if they terminate under this section the Contractor will be compensated for all service and deliverables accepted and partially complete up and through the date or termination? C. Would the State please confirm that the Contractor shall be entitled to be reimbursed for all reasonable costs related to or incurred as a result of the termination plus a reasonable profit. Additionally, In the event the parties cannot agree on the termination settlement amount, the Client will promptly pay the Contractor the undisputed amount.

A. No, the State does not agree to this proposed modification.

B. Pursuant to Section 5.7 of the SSTC, in the event of termination under this section, the contractor shall be compensated for work performed in accordance with the contract, up to the date of termination.

C. No, the State does not confirm this.

5.7 (b)Termination of Contractor for Cause Would the State please consider amending the language of this section to allow for thirty (30) days prior written notice in the event of a termination for cause during which period of time the contractor be allowed to cure the nonconformance or poor performance?

Yes, the State agrees to this proposed modification. See “Revised T3035 Hospital Incentive Program Bid Solicitation {RFP} 6.22.17” which reflects this change.

6.6 Availability of Funds

A. Would the State please confirm that if funds are not appropriated during the term of the Contract and the Contractor is providing services to the State, that the State will provide the Contractor immediate notice that funds are not being appropriated for the continuation of the project and the contract termination day which will be no less than thirty days for the time notice is given to the Contractor. B. Would the State please confirm that if they terminate under this section the Contractor will be compensated for all services and deliverables accepted and partially completed up and through the date or termination? C. Would the State please confirm that the Contractor shall be entitled to be reimbursed for all reasonable costs related to or incurred as a result of the termination plus a reasonable profit. Additionally, In the event the parties cannot agree on the termination settlement amount, the Client will promptly pay the Contractor the undisputed amount. D. In addition, would the State please confirm that they will pay the final invoice to the Contractor within thirty days of the receipt of acceptance of the final invoice?

A. No, the State does not confirm this.

B. No, the State does not confirm this.

C. No, the State does not confirm this.

D. As specified in Section 6.5 of the State of New Jersey Standard Terms and Conditions (SSTC’s), the New Jersey Prompt Payment Act, N.J.S.A. 52:32-32 et seq., requires state agencies to pay for goods and services within 60 days of the agency's receipt of a properly executed State Payment Voucher or within 60 days of receipt and acceptance of goods and services, whichever is later.

5.7(a) Termination of Contract for Convenience Would the State please consider amending this provision to allow for sixty (60) days prior written notice for a termination for convenience?

No, the State does not agree to this proposed modification.

Section 9.0, 5.7(a) Termination of Contract for Convenience Would the State please confirm that the Contractor shall be entitled to be reimbursed for all reasonable costs related to or incurred as a result of the termination plus a reasonable profit? B. Additionally, In the event the parties cannot agree on the termination settlement amount, the Client will promptly pay the Contractor the undisputed amount?

A. No, the State does not confirm this.

B. As specified in Section 5.7 (d) of the State of New Jersey Standard Terms and Conditions (SSTC’s), in the event of termination under this section, the contractor shall be compensated for work performed in accordance with the contract, up to the date of termination. Such compensation may be subject to adjustments.

As stated in Bid Solicitation {RFP} Section 1.3.1.1: “Questions regarding the SSTC and exceptions to mandatory requirements must be posed during this Electronic Question and Answer period and should contain the Vendor’s {Bidder’s} suggested changes and the reason for the suggested changes." As stated in Section 4.1 General: “Quotes {Proposals} including Vendor {Bidder} proposed terms and conditions may be accepted, but Vendor {Bidder} proposed terms or conditions that conflict with those contained in the Bid Solicitation {RFP} as defined in Section 2.0 of this Bid Solicitation {RFP}, or that diminish the State’s rights under any Blanket P.O. {Contract} resulting from the Bid Solicitation {RFP}, will be considered null and void.” There shall be no negotiation of terms and conditions after Quotes {Proposals} are open.

Vendors {Bidders} must submit a firm-fixed price for each year of the Blanket P.O. {Contract} that covers all Vendor {Bidder} costs for price lines 1-11. Firm Fixed Price is defined as: “A price that is all-inclusive of direct cost and indirect costs, including, but not limited to, direct labor costs, overhead, fee or profit, clerical support, equipment, materials, supplies, managerial (administrative) support, all documents, reports, forms, travel, reproduction and any other costs.”

Yes, this is confirmed.

Confirmed. The hourly rates proposed are for additional work, subject to approval by the SCM. The hourly rates will however, be reviewed for cost reasonableness.

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