NH Department of Health and Human Services DHHS 2015-078.pdf · NH DHHS RFP 2015-078 1-21-15 Page 4 of 49 TERMS AND DEFINITIONS The following general contracting terms and definitions

State of New Hampshire

NH Department of Health and Human Services

Division of Public Health Services Environmental Public Health Tracking

Program

RFP 2015-078

IT Analytics Requirements Development

RFP ISSUED…………………………………………………………………..………January 21, 2015

VENDOR TELECONFERENCE…………………………………….January 29, 2015 2:00 PM EST

TELECONFERENCE PHONE NUMBER TO BE PROVIDED

STATE CONTACT ……………………………………… Thomas Lambert [email protected]

(603) 271-4395

CONTRACT TYPE…………………………………….……………………………..Firm Fixed Price

PROPOSALS DUE………….………………………………………..February 24, 2015 4:30 PM EST

AT: DEPARTMENT OF HEALTH AND HUMAN SERVICES Division of Public Health Services C/O Thomas Lambert 29 Hazen Drive, 2nd Floor Concord, NH 03301

STATE OF NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES

DIVISION OF PUBLIC HEALTH SERVICES ENVIRONMENTAL PUBLIC HEALTH TRACKING PROGRAM

IT ANALYTICS REQUIREMENTS DEVELOPMENT DHHS RFP 2015-078

NH DHHS RFP 2015-078 1-21-15 Page 2 of 49

TABLE OF CONTENTS

TERMS AND DEFINITIONS ........................................................................................................................... 4

1. INTRODUCTION .......................................................................................................................................... 9

1.1 CONTRACT AWARD ............................................................................................................................ 10

1.2 CONTRACT TERM ................................................................................................................................ 10

2. SCHEDULE OF EVENTS ........................................................................................................................... 11

3. SERVICES, REQUIREMENTS AND DELIVERABLES ....................................................................... 11

4. INSTRUCTIONS .......................................................................................................................................... 12

4.1 PROPOSAL SUBMISSION, DEADLINE, AND LOCATION INSTRUCTIONS ................................................ 12

4.2 PROPOSAL INQUIRIES .......................................................................................................................... 13

4.3 VENDOR CONFERENCE ....................................................................................................................... 13

4.4 ALTERATION OF RFP .......................................................................................................................... 14

4.5 RFP ADDENDUM ................................................................................................................................. 14

4.6 NON-COLLUSION ................................................................................................................................ 14

4.7 VALIDITY OF PROPOSAL ..................................................................................................................... 14

4.8 PROPERTY OF THE STATE.................................................................................................................... 14

4.9 CONFIDENTIALITY OF A PROPOSAL .................................................................................................... 15

4.10 PUBLIC DISCLOSURE ........................................................................................................................... 15

4.11 SECURITY ............................................................................................................................................ 15

4.12 NON-COMMITMENT ............................................................................................................................ 15

4.13 PROPOSAL PREPARATION COST .......................................................................................................... 15

4.14 ORAL PRESENTATIONS/INTERVIEWS AND DISCUSSION ...................................................................... 15

4.15 REQUIRED CONTRACT TERMS AND CONDITIONS ............................................................................... 15

4.16 PROPOSAL FORMAT ............................................................................................................................ 15

4.17 PROPOSAL ORGANIZATION ................................................................................................................. 16

4.18 PROPOSAL CONTENT .......................................................................................................................... 16

5. PROPOSAL EVALUATION PROCESS ................................................................................................... 21

5.1 SCORING PROPOSALS .......................................................................................................................... 21

5.2 RIGHTS OF THE STATE IN EVALUATING PROPOSALS .......................................................................... 21

5.3 PLANNED EVALUATION ...................................................................................................................... 21

6. GENERAL CONTRACT REQUIREMENTS ........................................................................................... 23

6.1 STATE OF NEW HAMPSHIRE TERMS AND CONDITIONS AND CONTRACT REQUIREMENTS ................. 23

6.2 VENDOR RESPONSIBILITIES ................................................................................................................ 23

6.3 PROJECT BUDGET/PRICE LIMITATION ................................................................................................ 23

6.4 COMPLIANCE ...................................................................................................................................... 23

6.5 STATE CONTRACTS ............................................................................................................................. 25

6.6 VENDOR STAFF ................................................................................................................................... 25

6.7 WARRANTY ......................................................................................................................................... 26

6.7.3 NON-INFRINGEMENT .......................................................................................................................... 26





6.8 ADMINISTRATIVE SPECIFICATIONS..................................................................................................... 26

6.8.1 TRAVEL EXPENSES ......................................................................................................................... 26

6.8.2 SHIPPING AND DELIVERY FEE EXEMPTION .................................................................................... 26

6.8.3 RESERVED ....................................................................................................................................... 26

6.8.4 RESERVED ....................................................................................................................................... 26

6.8.5 ACCESS/COOPERATION ................................................................................................................... 26

6.8.6 STATE-OWNED DOCUMENTS AND COPYRIGHT PRIVILEGES .......................................................... 27

6.8.7 INTELLECTUAL PROPERTY .............................................................................................................. 27

6.8.8 WORK FOR HIRE ............................................................................................................................. 27

6.8.9 IT REQUIRED WORK PROCEDURES ................................................................................................. 27

6.8.10 COMPUTER USE .............................................................................................................................. 27

6.8.11 EMAIL USE ..................................................................................................................................... 28

6.8.12 INTERNET/INTRANET USE ................................................................................................................. 28

6.8.13 REGULATORY/GOVERNMENTAL APPROVALS .................................................................................. 28

6.8.14 FORCE MAJEURE ............................................................................................................................... 28

6.8.15 CONFIDENTIAL INFORMATION ........................................................................................................... 29

6.8.16 CHANGE OF OWNERSHIP ..................................................................................................................... 30

6.8.17 ASSIGNMENT, DELEGATION AND SUBCONTRACTS .............................................................................. 30

6.9 PRICING ............................................................................................................................................... 31

6.10 DISPUTE RESOLUTION ........................................................................................................................ 33

APPENDIX A: BACKGROUND INFORMATION ................................................................................... 34

A-1 NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES ............................................... 34

A-2 DEPARTMENT OF INFORMATION TECHNOLOGY AND TECHNOLOGY STATUS .................................... 36

A-3 RELATED DOCUMENTS REQUIRED AT CONTRACT AWARD ................................................................ 37

A-4 STATE PROJECT TEAM ........................................................................................................................ 37

APPENDIX B: MINIMUM STANDARDS FOR PROPOSAL CONSIDERATION .............................. 39

APPENDIX C: REQUIREMENTS .............................................................................................................. 40

APPENDIX D: NARRATIVE TOPICS ....................................................................................................... 41

APPENDIX E: STANDARDS FOR DESCRIBING VENDOR QUALIFICATIONS ............................ 42

E-1 REQUIRED INFORMATION ON CORPORATE QUALIFICATIONS ............................................................ 42

E-2 CANDIDATES FOR VENDOR IT CONSULTANT STAFF ROLES .............................................................. 42

APPENDIX F: PRICING WORKSHEETS ................................................................................................ 44

F-1 DELIVERABLE PAYMENT SCHEDULE .................................................................................................. 44

F-2 VENDOR RATES PRICING WORKSHEET .............................................................................................. 45

APPENDIX G: SAMPLE CERTIFICATES.................................................................................................. 47

G-1 NEW HAMPSHIRE CERTIFICATE OF AUTHORITY OR CERTIFICATE OF GOOD STANDING ................... 47

G-2 SAMPLE CERTIFICATE OF VOTE ............................................................................................................. 48

APPENDIX H : STATE OF NEW HAMPSHIRE TERMS AND CONDITIONS- (P-37) AND CONTRACT STANDARD LANGUAGE (EXHIBITS C-J)

APPENDIX I : EXCEPTIONS TO TERMS AND CONDITIONS APPENDIX J: CLAS LANGUAGE 7-2014





TERMS AND DEFINITIONS

The following general contracting terms and definitions apply except as specifically noted elsewhere in this document.

Acceptance Notice from the State that a Deliverable has satisfied Acceptance Test or Review.

Acceptance Letter An Acceptance Letter provides notice from the State that a Deliverable has satisfied Acceptance Tests or Review.

Agreement A contract duly executed and legally binding.

Appendix Supplementary material that is collected and appended at the back of a document

Best and Final Offer (BAFO) For negotiated procurements, a Vendor's final offer following the conclusion of discussions.

CANDIDATE A person who has been proposed to perform the work as part of the RFP response process

CCP Change Control Procedures

CR Change Request

COTS Commercial Off-The-Shelf Software

Change Control Formal process for initiating changes to the proposed solution or proces0s once development has begun.

Change Order Formal documentation prepared for a proposed change in the Specifications.

Completion Date End date for the Contract

Confidential Information Information required to be kept Confidential from unauthorized disclosure under the Contract

Contract This Agreement between the State of New Hampshire and a Vendor, which creates binding obligations for each party to perform as specified in the Contract Documents.

Contract Conclusion Refers to the conclusion of the Contract, for any reason, including but not limited to, the successful Contract completion, termination for convenience, or termination for default.

Contract Documents Documents that comprise this Contract (See Statement of Work, Section 1.1)

Contract Managers The persons identified by the State and the Vendor who shall be responsible for all contractual authorization and administration of the Contract. These responsibilities shall include but not be limited to processing Contract Documentation, obtaining executive approvals, tracking costs and payments, and representing the parties in all Contract administrative activities. (See Section 4:





Contract Management)

Contracted Vendor The Vendor whose proposal or quote was awarded the Contract with the State and who is responsible for the Services and Deliverables of the Contract.

COTS Commercial off the Shelf

Data State’s records, files, forms, Data and other documents or information, in either electronic or paper form, that will be used /converted by the Vendor during the Contract Term

DBA Database Administrator

Deliverable A Deliverable is the specified work product, produced by the Vendor for the State under the terms of this Contract.

Department An agency of the State

Department of Information Technology (DoIT)

The Department of Information Technology established under RSA 21-R by the Legislature effective September 5, 2008.

Effective Date The Contract and all obligations of the parties hereunder shall become effective on the date the Governor and the Executive Council of the State of New Hampshire approves the Contract.

EPHT State of New Hampshire, Environmental Public Health Tracking Program

Firm Fixed Price Contract A Firm-Fixed-Price Contract provides a price that is not subject to increase, i.e., adjustment on the basis of the Vendor’s cost experience in performing the Contract

Fully Loaded Rates are inclusive of all allowable expenses, including, but not limited to: meals, hotel/housing, airfare, car rentals, car mileage, and out of pocket expenses

GAAP Generally Accepted Accounting Principles

Governor and Executive Council The New Hampshire Governor and Executive Council.

Implementation The process for making the System fully operational for processing the Data.

Information Technology (IT) Refers to the tools and processes used for the gathering, storing, manipulating, transmitting, sharing, and sensing of information including, but not limited to, Data processing, computing, information systems, telecommunications, and various audio and video technologies.

Invoking Party In a dispute, the party believing itself aggrieved

Key Project Staff Personnel identified by the State and by the contracted Vendor as essential to work on the Project.

KSA Knowledge, Skills, Abilities

Non Exclusive Contract A contract executed by the State that does not restrict





the State from seeking alternative sources for the Deliverables or Services provided under the Contract.

Non-Software Deliverables Deliverables that are not Software Deliverables or Written Deliverables, e.g., meetings, help support, services, other

Normal Business Hours Normal Business Hours – 8:00 a.m. to 5:00 p.m. EST, Monday through Friday excluding State of New Hampshire holidays. State holidays are: New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, July 4th, Labor Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving Day, and Christmas Day. Specific dates will be provided upon request.

Notice to Proceed (NTP) The State Contract Manager’s written direction to the Vendor to begin work on the Contract on a given date and time

Order of Precedence The order in which Contract/Documents control in the event of a conflict or ambiguity. A term or condition in a document controls over a conflicting or ambiguous term or condition in a document that is lower in the Order of Precedence

Project The planned undertaking regarding the entire subject matter of an RFP and Contract and the activities of the parties related hereto.

Project Team The group of State employees and contracted Vendor’s personnel responsible for managing the processes and mechanisms required such that the Services are procured in accordance with the Work Plan on time, on budget and to the required specifications and quality

Project Managers The persons identified who shall function as the State’s and the Vendor’s representative with regard to Review and Acceptance of Contract, invoice sign off, and review and approval of Change Requests (CR) utilizing the Change Control Procedures (CCP)

Project Staff State personnel assigned to work with the Vendor on the Project

Proposal The submission from a Vendor in response to the Request for a proposal or statement of work.

Report All written Deliverables under the Contract.

Review The process of reviewing Deliverables for Acceptance

Review Period The period set for review of a Deliverable. If none is specified then the review period is five (5) business days.

RFP (Request for Proposal) A Request For Proposal solicits Proposals to satisfy State requirements by supplying data processing Service resources according to specific terms and conditions

Schedule The dates described in the Work Plan for deadlines for





performance of Services and other Project events and activities under the Contract

SDLC Software Development Life Cycle

Services The work or labor to be performed by the Vendor on the Project as described in the Contract.

Software All custom Software and COTS Software provided by the Vendor under the Contract

Specifications The written Specifications that set forth the requirements which include, without limitation, this RFP, the Proposal, the Contract, any performance standards, Documentation, applicable State and federal policies, laws and regulations, State technical standards, subsequent State-approved Deliverables, and other Specifications and requirements described in the Contract Documents. The Specifications are, by this reference, made a part of the Contract as though completely set forth herein.

State STATE is defined as: State of New Hampshire Department of Health and Human Services Division of Public Health Services 29 Hazen Drive Concord, NH 03301 Reference to the term “State” shall include applicable agencies

State’s Confidential Records State’s information regardless of its form that is not subject to public disclosure under applicable state and federal laws and regulations, including but not limited to RSA Chapter 91-A

State Data Any information contained within State systems in electronic or paper format.

State Fiscal Year (SFY) The New Hampshire State Fiscal Year extends from July 1st through June 30th of the following calendar year

State Project Leader State’s representative with regard to Project oversight

State’s Project Manager (PM) State’s representative with regard to Project management and technical matters. Agency Project Managers are responsible for review and Acceptance of specific Contract Deliverables, invoice sign off, and Review and approval of a Change Proposal (CP).

Subcontractor A person, partnership, or company not in the employment of, or owned by, the Vendor, which is performing Services under this Contract under a separate Contract with or on behalf of the Vendor

System All Software, specified hardware, and interfaces and extensions, integrated and functioning together in accordance with the Specifications.





TBD To Be Determined

Term Period of the Contract from the Effective Date through expected Termination Date

Vendor/Contractor The contracted individual, firm, or company that will perform the duties and Specifications of the contract.

Warranty Period A period of coverage during which the contracted Vendor is responsible for providing a guarantee for products and services delivered as defined in the contract.

Work Plan The overall plan of activities for the Project created in accordance with the Contract. The plan and delineation of tasks, activities and events to be performed and Deliverables to be produced under the Project as specified in Appendix C. The Work Plan shall include a detailed description of the Schedule, tasks/activities, Deliverables, critical events, task dependencies, and the resources that would lead and/or participate on each task.

Written Deliverables Non-Software written deliverable Documentation (letter, report, manual, book, other) provided by the Vendor either in paper or electronic format.





1. INTRODUCTION

The State of New Hampshire (State), acting through the Department of Health and Human Services,Division of Public Health Services (DPHS), is releasing this Request For Proposal (RFP) to procuretechnical consulting services. The State desires to contract with a single company that can supply one ormore consultant(s) with the requisite skills and experience as well as depth of knowledge required tomeet the stated requirements. The budget for this contract shall not exceed $20,000.

NH DPHS seeks the services of one or more qualified individual(s) to 1) analyze the Division’s program goals and develop requirements for online analytical reporting to both anonymous (public) and named (secure) users, 2) survey the marketplace for business analysis tools, and 3) prepare a report documenting requirements and providing recommended solutions. Any recommended solution needs to meet business requirements while also conforming to policy and security requirements of both the Department of Health and Human Services (DHHS) as well as the New Hampshire Department of Information Technology (DoIT).

The Vendor selected will conduct interviews and all research necessary to provide recommendations on the best solutions available to meet NH DPHS online analytical reporting needs. Most work may be performed off site but a minimum of one on-site meeting is required. The Vendor will be responsible for all aspects of the Project, including, but not limited to:

1. Assess NH Environmental Public Health Tracking Program (EPHT) and NH DPHS onlineanalytical reporting needs

a. Evaluate EPHT and NH DPHS business and technical needs for online analytic reportingand document requirements

b. Evaluate and document an estimated budget for online analytic solutions considering thecost to acquire, install, and implement including personnel, hardware, software, andtraining.

c. Evaluate and document current knowledge, skills, and abilities (KSAs) of State staff.d. Assess future KSAs needed by both State staff and the solution implementation vendor to

meet the requirements for online analytical reporting (knowledge gap) and document thosefindings.

2. Assess State IT Security requirements related to business needs and potential solutionsa. Networkb. Databasec. Operations

3. Assess State IT policies related to business needs and potential solutionsa. Review existing DoIT guidanceb. Identify policies governing personnel’s ability to execute specific system functions. For

example, can business users be allowed to administer user access within the proposedsolution or must this function be carried out by DoIT personnel?

c. Review DoIT documentation regarding Software Development Life Cycle (SDLC) anddocument requirements pertaining to potential software solutions

d. Consider DoIT standards and ability to support the technology. e.g., Java or .NET, UNIXor Windows, etc.

e. Open Source solutions, as well as proprietary options should be considered.





4. Assess State IT resource availability related to business needs and potential solutionsa. Review and document staff roles and responsibilities when implementing new softwareb. Identify the quantity and quality of resources which will be required to configure,

administer, secure, maintain, develop, and deploy products to customers.5. Evaluate new and existing tools against requirements.

a. Recommend the best possible solution including recommendations for implementationpractices which meet State IT, security, finance, and policy requirements.

b. Recommend training which will be required in order to successfully implement the solution6. Deliver Final Report

a. Requirements traceability matrix (rubric)b. List of business and technical requirementsc. Research findings and recommendation of options including pros and cons for the

solution’si. Ability to meet requirements

ii. Flexibilityiii. Scalabilityiv. Costv. Integration

vi. security

1.1 Contract Award

The State plans to execute a Firm Fixed Price (FFP) Contract not to exceed $20,000 as a result of this RFP. The award shall be based upon criteria, standards, and weighting identified in this RFP. The State also reserves the right, at its discretion, to award a contract by item, part, or portion of an item, group of items, or total Proposal.

If a Contract is awarded, the Vendor must obtain written consent from the State before any public announcement or news release is issued pertaining to any Contract award. Such permission, at a minimum, will be dependent upon approval of the Contract by Governor and Executive Council of the State of New Hampshire.

The Vendor awarded this Contract will not be eligible to bid on the follow-up solution implementation RFP.

1.2 Contract Term

Time is of the essence in the performance of a Vendor’s obligations under the Contract.

It is anticipated that the Project will commence on or after May 2015, after full execution of the Contract by the parties, and the receipt of required governmental approvals, including, but not limited to, Governor and Executive Council of the State of New Hampshire approval (“Effective Date”).

The Vendor’s term will begin on the Effective Date and extend through July 31, 2015.

The Vendor shall commence work upon issuance of a Notice to Proceed by the State.





The State does not require the Vendor to commence work prior to the Effective Date; however, if the Vendor commences work prior to the Effective Date and a Notice to Proceed, such work shall be performed at the sole risk of the Vendor. In the event that the Contract does not become effective, the State shall be under no obligation to pay the Vendor for any costs incurred or Services performed; however, if the Contract becomes effective, all costs incurred prior to the Effective Date shall be paid under the terms of the Contract.

2. SCHEDULE OF EVENTS

The following table provides the Schedule of Events for this RFP through Governor and Council approval and Notice to Proceed.

EVENT DATE TIME

RFP released to Vendors (on or about) January 21, 2015

Vendor Inquiry Period begins (on or about) January 21,2015

RSVP to the State for Vendor Conference Call January 28,2015

(Optional) Vendor Conference Call; location identified in General Instructions, Section 4.3

January 29, 2015 2:00 PM EST

Vendor Inquiry Period ends (final inquiries due) February 3, 2015 4:30 PM EST

Final State responses to Vendor inquiries February 9, 2015

Final date for Proposal submission February 24, 2015 4:30 PM EST

Invitations for interviews March 2, 2015

Vendor presentations/discussion sessions/interviews, if necessary

March 9 and 10, 2015

Anticipated selection of successful Bidder March

Anticipated Contract Approval by State May

Anticipated Notice to Proceed May

3. SERVICES, REQUIREMENTS AND DELIVERABLES

Services, requirements, and Deliverables are described in Appendix C: Requirements and Appendix F: Pricing Worksheets.





4. INSTRUCTIONS

4.1 Proposal Submission, Deadline, and Location Instructions

Proposals submitted in response to this RFP must be received by the Department of Health and Human Services, Division of Public Health Services, no later than the time and date specified in Section 2: Schedule of Events. Proposals must be addressed to:

State of New Hampshire Department of Health and Human Services

Division of Public Health Services c/o Thomas Lambert

29 Hazen Drive, 2nd Floor Concord, New Hampshire 03301

Cartons containing Proposals must be clearly marked as follows:

STATE OF NEW HAMPSHIRE Department of Health and Human Services

Division of Public Health Services

RESPONSE TO: NH DHHS RFP 2015-078

Environmental Public Health Tracking Program IT Analytics Needs Assessment

Late submissions will not be accepted and will remain unopened. Delivery of the Proposals shall be at the Vendor’s expense. The time of receipt shall be considered when a Proposal has been officially documented by the Department of Administrative Services, in accordance with its established policies, as having been received at the location designated above. The Department of Administrative Services accepts no responsibility for mislabeled mail. Any and all damage that may occur due to shipping shall be the Vendor’s responsibility.

Vendors are permitted to submit only one (1) Proposal in response to this RFP; however, multiple candidates may be presented within one Proposal.

All Proposals submitted in response to this RFP must consist of: a. One (1) original and Five (5) clearly identified copies of the Proposal,

including all required attachments, b. One (1) copy of the Proposal Transmittal Form Letter (described in Section

4.18.2: Transmittal Form Letter, herein) shall be signed by an official authorized to legally bind the Vendor and shall be marked “ORIGINAL.”

c. One (1) electronic copy on CD ROM in MS WORD format.

The original and all copies shall be bound separately, delivered in sealed containers, and permanently marked as indicated above. A Vendor’s disclosure or distribution of its Proposal other than to the State will be grounds for disqualification.





4.2 Proposal Inquiries

All inquiries concerning this RFP, including but not limited to, requests for clarifications, questions, and any changes to the RFP, shall be emailed, citing the RFP title, RFP number, Page, Section, and Paragraph and submitted to the following RFP Point of Contact:

Thomas Lambert Chief of Health Statistics and Data Management

State of New Hampshire Division of Public Health Services

29 Hazen Drive, 2nd Fl. Concord, New Hampshire 03301

Telephone: (603) 271-4395 Email: [email protected]

Vendors are encouraged to submit questions via email; however, the State assumes no liability for assuring accurate/complete email transmission/receipt and is not responsible to acknowledge receipt.

Inquiries must be received by the State’s RFP Point of Contact (see above) no later than the conclusion of the Vendor Inquiry Period (see Section 2: Schedule of Events). Inquiries received later than the conclusion of the Vendor Inquiry Period shall not be considered properly submitted and may not be considered.

The State intends to issue official responses to properly submitted inquiries on or before the date specified in Section 2: Schedule of Events; however, this date may be subject to change at the State’s discretion. The State may consolidate and/or paraphrase questions for sufficiency and clarity. The State may, at its discretion, amend this RFP on its own initiative or in response to issues raised by inquiries, as it deems appropriate. Oral statements, representations, clarifications, or modifications concerning the RFP shall not be binding upon the State. Official responses will be made in writing.

4.2.1 Restriction of Contact With State Employees From the date of release of this RFP until an award is made and announced regarding the selection of a Vendor, all communication with personnel employed by or under contract with the State regarding this RFP is forbidden unless first approved by the RFP Point of Contact listed in Section 4.2: Proposal Inquiries. State employees have been directed not to hold conferences and/or discussions concerning this RFP with any Vendor during the selection process, unless otherwise authorized by the RFP Point of Contact.

4.3 Vendor Conference

A non-mandatory Vendor Conference Call will be held as identified in Section 2: Schedule of

Events:

All Vendors who intend to submit Proposals are encouraged to attend the Vendor Conference Call. Vendors are requested to RSVP via email by the date identified in Section 2: Schedule of





Events, indicating the number of individuals who will attend the Vendor Conference Call. Vendors are allowed to have a maximum of 3 representatives on the call.

Vendors will have an opportunity to ask questions about the RFP and the State shall make a reasonable attempt to answer questions it deems appropriate. Questions may include, without limitation, a request for clarification of the RFP; a request for changes to the RFP; suggestions or changes to the RFP that could improve the RFP competition or lower the offered price; and to review any applicable Documentation.

Vendors are encouraged to email inquiries at least twenty-four (24) hours prior to the Vendor Conference. No responses will be given prior to the Vendor Conference. Oral answers shall not be binding on the State. The State’s final response to Vendor inquiries and any requested changes to terms and conditions raised during the Vendor Inquiry Period, will be posted to the website by the date specified as the Final State responses to Vendor Inquiries as specified in Section 2 Schedule of Events. Vendors are responsible for any and all costs associated with attending the Vendor Conference.

4.4 Alteration of RFP

The original RFP document is on file with the State of New Hampshire, Department of Administrative Services. Vendors are provided an electronic version of the RFP. Any alteration to this RFP or any file associated with this RFP is prohibited. Any such changes may result in a Proposal being rejected.

4.5 RFP Addendum

The State reserves the right to amend this RFP at its discretion, prior to the Proposal submission deadline. In the event of an addendum to this RFP, the State, at its sole discretion, may extend the Proposal submission deadline, as it deems appropriate.

4.6 Non-Collusion

The Vendor’s signature on a Proposal submitted in response to this RFP guarantees that the prices, terms and conditions, and services quoted have been established without collusion with other Vendors and without effort to preclude the State from obtaining the best possible competitive Proposal.

4.7 Validity of Proposal

Proposals must be valid for one hundred and eighty (180) days following the deadline for submission of Proposals in Section 2: Schedule of Events, or until the effective date of any resulting Contract, whichever is later.

4.8 Property of the State

All material received in response to this RFP shall become the property of the State and shall not be returned to the Vendor. Upon Contract award, the State reserves the right to use any information presented in a Proposal.





4.9 Confidentiality of a Proposal

A Proposal must remain confidential until the Effective Date of any resulting Contract as a result of this RFP. A Vendor’s disclosure or distribution of Proposals other than to the State will be grounds for disqualification.

4.10 Public Disclosure

Subject to applicable law or regulations, the content of each Vendor’s Proposal shall become public information upon the effective date of any resulting Contract.

4.11 Security

The State must ensure that appropriate levels of security are implemented and maintained in order to protect the integrity and reliability of its information technology resources, information, and services.

4.12 Non-Commitment

Notwithstanding any other provision of this RFP, this RFP does not commit the State to award a contract. The State reserves the right, at its sole discretion, to reject any and all Proposals, or any portions thereof, at any time; to cancel this RFP; and to solicit new Proposals under a new acquisition process.

4.13 Proposal Preparation Cost

By submitting a Proposal, a Vendor agrees that in no event shall the State be either responsible for or held liable for any costs incurred by a Vendor in the preparation of or in connection with the Proposal, or for work performed prior to the Effective Date of a resulting Contract.

4.14 Oral Presentations/Interviews and Discussion

The State reserves the right to require Vendors to make available for oral presentations/interviews the IT consultants proposed. Any and all costs associated with oral presentations/interviews shall be borne entirely by the Vendor.

4.15 Required Contract Terms and Conditions

By submitting a Proposal, the Vendor agrees that the State of New Hampshire Terms and Conditions, contained in Appendix H: State of New Hampshire Terms and Conditions- P-37 and

Contract Standard Language and RFP Section 6: General Contract Requirements, herein, shall form the basis of any contract resulting from this RFP. In the event of any conflict between the State’s Terms and Conditions and any portion of the Vendor’s Proposal, the State’s Terms and Conditions shall take precedence and supersede any and all such conflicting terms and conditions contained in the Vendor’s Proposal.

4.16 Proposal Format Proposals should follow the following format:

• A Proposal should be provided in a three-ring binder.

• A Proposal should be printed on white paper with dimensions of 8.5 by 11 inches with rightand left margins of one (1) inch.





• A Proposal should use Times New Roman font with a size of eleven (11).

• Each page of a Proposal must include a page number and the number of total pages andidentification of the Vendor in the page footer.

• Tabs should separate each Section of the Proposal.

Exceptions for paper and font sizes are permissible for: Graphical exhibits, which may be printed on white paper with dimensions of 11 by 17 inches; and material in appendices.

4.17 Proposal Organization

Proposals should adhere to the following outline and should not include items not identified in the outline.

• Cover Page

• Transmittal Form Letter

• Request for Exception: Appendix I

• Table of Contents

• Section I: Executive Summary

• Section II: Glossary of Terms and Abbreviations

• Section III: Responses to Requirements, Appendix C

• Section IV: Corporate Qualifications

• Section V: Qualifications of IT Consultant Staff

• Section VI: Cost Proposal

• Section VII: Narrative Topics

• Section VIII: Copy of the RFP and any signed Addenda in the Original Proposal only

4.18 Proposal Content

4.18.1 Cover Page

The first page of the Vendor’s Proposal must be a cover page containing the following text:

STATE OF NEW HAMPSHIRE Department of Health and Human Services

Division of Public Health Services

RESPONSE TO: NH DHHS RFP 2015-078

Environmental Public Health Tracking Program IT Analytics Requirements Development

The cover page must also include the Vendor’s name, contact person, contact telephone number, address, city, state, zip code, fax number, and email address.





4.18.2 Transmittal Form Letter

The Vendor must submit a signed Transmittal Form Letter with their response using the Transmittal Form Letter Template provided herewith. Any electronic alteration to this Transmittal Form Letter is prohibited. Any such changes will result in a Proposal being rejected.

Remainder of this page intentionally left blank





State of New Hampshire Proposal Transmittal Form Letter

Company Name______________________________________________

Address_____________________________________________________ _____________________________________________________

To: NH DHHS Thomas Lambert, Chief of Health Statistics and Data Management Telephone: (603) 271-4395 Email: [email protected]

RE: Proposal Invitation Name: Environmental Public Health Tracking Program IT Analytics Needs Assessment Proposal Number: NH DHHS 2015-078 Proposal Opening Date and Time: February 24, 2015 4:30 PM EST

Dear Sir:

Company Name: _________________________ hereby offers to sell to the State of New Hampshire the

services indicated in RFP NH DHHS 2015-078 Environmental Public Health Tracking Program IT Analytics Needs Assessment at the price(s) quoted in Vendor Response Section VI: Cost Proposal, and Appendix F: Pricing Worksheets, in complete accordance with all conditions of this RFP and all Specifications set forth in the RFP and in the State of New Hampshire Terms and Conditions outlined in RFP Section 6: General Contract Requirements and Appendix H: State of New Hampshire Terms and

Conditions-P-37 and Contract Standard Language.

Company Signor: ______________________________________ is authorized to legally obligate Company Name: ______________________________________.

We attest to the fact that: The company has reviewed and agreed to be bound by all RFP terms and conditions

including but not limited to the State of New Hampshire Terms and Conditions P-37 and Contract

Standard Language in Appendix H and General Contract Requirements in Section 6, which shall form the basis of any Contract resulting from this RFP. No new terms and conditions have been added and no existing terms and conditions have been deleted in this RFP Proposal.

The proposal is effective for a period of 180 days or until the Effective Date of any resulting contract, whichever is later;

That the prices quoted in the proposal were established without collusion with other eligible Vendors and without effort to preclude the State of New Hampshire from obtaining the best possible competitive price; and

The Vendor has read, signed, and included a copy of this RFP and any subsequent signed addendum (a).

Our official point of contact is ____________________________________________________, Title _________________________________________________________________________ Telephone_____________________________, Email__________________________________ Authorized Signature Printed _____________________________________________________ Authorized Signature ___________________________________________________________





4.18.3 Table of Contents

The Vendor must provide a table of contents with corresponding page numbers relating to its Proposal. The table of contents must conform to the outline provided in Section 4.17: Proposal Organization, but should provide detail, e.g., numbering, level of detail.

4.18.4 Section I: Executive Summary

The Executive Summary, which must not exceed five (5) pages, must identify how the Vendor satisfies the minimum standards for consideration, which are described in Appendix B: Minimum Standards for Proposal Consideration, to this Request for Proposals. Vendors are encouraged to highlight those factors that they believe distinguish their Proposal.

4.18.5 Section II: Glossary of Terms and Abbreviations

The Vendor must provide a glossary of all terms, acronyms, and abbreviations used in its Proposal.

4.18.6 Section III: Responses to Requirements and Deliverables

Requirements are provided in Appendix C: Requirements for this RFP. Requirements provide a framework for the Deliverables that the State is seeking in this RFP document.

Using the response template in Appendix C: Requirements, Section C-3: Vendor

Response Template, the Vendor must document the ability to meet the requirements and deliverables of this RFP.

4.18.7 Section IV: Corporate Qualifications

Section IV should provide corporate qualifications of all firms proposed to participate in the Project. Specific information to be provided is described in Section E-1: Required

Information on Corporate Qualifications of Appendix E: Standards for Describing

Vendor Qualifications.

4.18.8 Section V: Qualifications of IT Consultant Staff

To evaluate qualifications of IT consultant staff, the State shall consider the experience and qualifications of candidates proposed. Section V must be used to provide this required information. Specific information to be provided is described in Appendix E: Standards for Describing Vendor Qualifications, Section E-2 Candidates for IT

Consultant Staff Roles.

4.18.9 Section VI: Cost Proposal

The Cost Proposal must include the following:

• A Vendor Proposed Position Rates Pricing Worksheet prepared using the formatprovided in Table F-1 of Appendix F: Pricing Worksheets and any discussionnecessary to ensure understanding of data provided;





• A Future Vendor Rates Pricing Worksheet prepared using the format provided inTable F-2 of Appendix F: Pricing Worksheets and any discussion necessary to ensureunderstanding of data provided.

4.18.10 Section VII: Narrative Topics The Proposal must include a narrative response to the questions posed in this section.

4.18.11 Section VIII: Copy of the RFP and any signed Addendum (a) - required in original

Proposal only

4.18.12 Section XIV: Exceptions to Terms and Conditions The Proposal must include Bidder Information and Declarations: Exceptions to Terms and Conditions Appendix I.

Remainder of this page intentionally left blank





5. PROPOSAL EVALUATION PROCESS

5.1 Scoring Proposals

Each Proposal shall be evaluated and considered with regard to the services proposed, qualifications of the Vendor and any Subcontractors, experience and qualifications of proposed candidates and cost.

The State shall issue an intent to award notice to a Vendor based on these evaluations. Should the State be unable to reach agreement with the Vendor during Contract discussions, the State may then undertake Contract discussions with the second preferred Vendor and so on. Such discussions may continue at the sole option of the State, until an agreement is reached, or all proposals are rejected.

The State shall use a scoring scale of 500 points, which shall be applied to the Solution as a whole. Points will be distributed among four (4) factors:

• 300 points - Proposed Candidate’s experience with type of requested services;

• 100 points - Vendor Company Viability;

• 300 points - Candidate’s qualifications (including any Subcontractor); and

• 300 points - Pricing/Rates

• 1000 points - Total Possible Score.

5.2 Rights of the State in Evaluating Proposals

The State reserves the right to: a. Consider any source of information in evaluating Proposals;b. Omit any planned evaluation step if, in the State’s view, the step is not needed;c. At its sole discretion, reject any and all Proposals at any time; andd. Open Contract discussions with the second highest scoring Vendor, if the State is

unable to reach an agreement on Contract terms with the highest scoring Vendor.

5.3 Planned Evaluation

The State plans to use the following process:

• Initial screening;

• Preliminary scoring of the Proposals and reference and background checks;

• Oral interviews;

• Best and Final Offer (BAFO), if appropriate, and

• Final evaluation of Proposals.

5.3.1 Initial Screening

The State shall conduct an initial screening step to verify Vendor compliance with submission requirements and to confirm that the Proposal satisfies the following:

• The Proposal is date and time stamped before the deadline.

• The Vendor has sent the proper number of copies





• The original version of the proposal is marked “ORIGINAL” and the copiesare marked “COPY.”

• The original Proposal includes a signed Transmittal Letter accepting all termsand conditions of the RFP without exception.

• The proposed Solution meets the requirements as specified in Appendix B ofthe RFP: Minimum Standards for Proposal Evaluation.

A Proposal that fails to satisfy either submission requirements or minimum standards may be rejected without further consideration.

5.3.2 Preliminary Scoring of Proposals and Reference Checks

The State shall establish an evaluation team to initially score Proposals and conduct reference checks.

5.3.3 Oral Interviews

Preliminary scores from the initial evaluation of the Proposals shall be used to select Vendors to invite to oral interviews.

The purpose of oral interviews is to clarify and expound upon information provided in the written Proposals. For each invited Vendor, the oral interview shall be no longer than two (2) hours in length. A highly structured agenda shall be used for oral interviews to ensure standard coverage of each invited Vendor. Information gained from oral interviews shall be used to refine scores assigned from the initial review of the Proposals.

5.3.4 Best and Final Offer

The State may, at its sole option, either accept a Vendors initial proposal by award of a contract, or enter into discussions with Vendors whose proposals are deemed best qualified to be considered for an award. After discussions are concluded a Vendor may

be allowed to submit a “Best and Final Offer” for consideration.

5.3.5 Final Evaluation

The State shall conduct final evaluations as a culmination of the entire process of reviewing Vendor Proposals and information gathering.





6. GENERAL CONTRACT REQUIREMENTS

6.1 State of New Hampshire Terms and Conditions and Contract Requirements

The Contract requirements set forth in Section 6: General Contract Requirements, herein and the State of New Hampshire Terms and Conditions P-37 Agreement-General Provisions contained in Appendix H shall constitute the basis for any Contract resulting from this RFP.

6.2 Vendor Responsibilities

The Vendor shall be solely responsible for meeting all requirements and terms and conditions specified in this RFP, its Proposal, and any resulting Contract, regardless of whether or not it proposes to use any subcontractor.

The Vendor may subcontract Services subject to the provisions of the RFP, including but not limited to, the terms and conditions in Section 6: General Contract Requirements herein and Appendix H: State of New Hampshire Terms and Conditions-P-37 and Contract Standard

Language. The Vendor must submit with its Proposal all information and documentation relating to the subcontractor necessary to fully respond to the RFP, which must include terms and conditions consistent with this RFP. The Vendor shall remain wholly responsible for performance of the entire Contract regardless of whether a subcontractor is used. The State shall consider the Vendor to be the sole point of contact with regard to all contractual matters, including payment of any and all charges resulting from any Contract.

6.3 Project Budget/Price Limitation

The State has funds budgeted for this Project, subject to Section 5: Contract Price/Price

Limitation/Payment contained in Appendix H: State of New Hampshire Terms and Conditions

-P-37 and Contract Standard Language.

6.4 Compliance

Culturally and Linguistically Appropriate Standards

The New Hampshire Department of Health and Human Services (DHHS) is committed to reducing health

disparities in New Hampshire. DHHS recognizes that culture and language can have a considerable

impact on how individuals access and respond to health and human services. Culturally and linguistically

diverse populations experience barriers in their efforts to access services. As a result, DHHS is strongly

committed to providing culturally and linguistically competent programs and services for its clients, and

as a means of ensuring access to quality care for all. As part of that commitment DHHS continuously

strives to improve existing programs and services, and to bring them in line with current best practices.

DHHS requires all contractors and sub-recipients to provide culturally and linguistically appropriate

programs and services in compliance with all applicable federal civil rights laws, which may include:

Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age

Discrimination Act of 1975, and the Rehabilitation Act of 1973. Collectively, these laws prohibit

discrimination on the grounds of race, color, national origin, disability, age, sex, and religion.





There are numerous resources available to help recipients increase their ability to meet the needs of

culturally, racially and linguistically diverse clients. Some of the main information sources are listed in

the Bidder’s Reference Guide for Completing the Culturally and Linguistically Appropriate Services

Section of the RFP, and, in the Vendor/RFP section of the DHHS website.

A key Title VI guidance is the National Standards for Culturally and Linguistically Appropriate Services

in Health Care (CLAS Standards), developed by the U.S. Department of Health and Human Services in

2000. The CLAS Standards provide specific steps that organizations may take to make their services

more culturally and linguistically appropriate. The enhanced CLAS standards, released in 2013, promote

effective communication not only with persons with Limited English Proficiency, but also with persons

who have other communication needs. The enhanced Standards provide a framework for organizations to

best serve the nation’s increasingly diverse communities.

• Bidders are expected to consider the need for language services for individuals with Limited

English Proficiency as well as other communication needs, served or likely to be

encountered in the eligible service population, both in developing their budgets and in

conducting their programs and activities.

• Successful applicants will be:

o Required to submit a detailed description of the language assistance services they

will provide to LEP persons to ensure meaningful access to their programs and/or

services, within 10 days of the date the contract is approved by Governor and

Council;

o Monitored on their Federal civil rights compliance using the Federal Civil Rights

Compliance Checklist, which can be found in the Vendor/RFP section of the DHHS

website.

The guidance that accompanies Title VI of the Civil Rights Act of 1964 requires recipients to take

reasonable steps to ensure meaningful access to their programs and services by persons with Limited

English Proficiency (LEP persons). The extent of an organization’s obligation to provide LEP services is

based on an individualized assessment involving the balancing of four factors:

(1) The number or proportion of LEP persons served or likely to be encountered in the population

that is eligible for the program or services (this includes minor children served by the program

who have LEP parent(s) or guardian(s) in need of language assistance);

(2) The frequency with which LEP individuals come in contact with the program, activity or service;

(3) The importance or impact of the contact upon the lives of the person(s) served by the program,

activity or service;

(4) The resources available to the organization to provide language assistance.





Bidders are required to complete the TWO (2) steps listed in the Appendix J to this RFP, as part of

their proposal. Completion of these two items is required not only because the provision of language

and/or communication assistance is a longstanding requirement under the Federal civil rights laws, but

also because consideration of all the required factors will help inform bidders’ program design, which in

turn, will allow bidders to put forth the best possible proposal.

For guidance on completing the two steps in Appendix J, please refer to Bidder’s Reference Guide for

Completing the Culturally and Linguistically Appropriate Services Addendum of the RFP, which is

posted on the DHHS website. http://www.dhhs.nh.gov/business/forms.htm.

6.5 State Contracts

The State of New Hampshire intends to use, wherever possible, existing statewide software and hardware contracts to acquire supporting software and hardware, if required during the period of staff augmentation.

6.6 Vendor Staff

In the Proposal, the Vendor shall assign and identify proposed IT Consultant Staff in accordance with the Schedule, the Requirements and Deliverables of Appendix C: Requirements and Appendix E: Standards for Describing Vendor Qualifications.

Any changes to the Vendor’s IT Consultant Staff shall require the prior written justification submitted by the Vendor, and prior written approval of the State. State approvals for changes in the Vendor’s IT Consultant Staff will not be unreasonably withheld. Replacement IT Consultant Staff shall have comparable or greater skills with regard to performance of the work as the staff being replaced and subject to the provisions of this RFP and any resulting Contract.

Notwithstanding any provision in this RFP, or any resulting Contract to the contrary, the State shall have the option to terminate the Contract, at its discretion, if the State is dissatisfied with any of the proposed IT consultants.

The State reserves the right to require removal or reassignment of the Vendor’s IT Consultant Staff found unacceptable to the State.

The State may conduct reference and background checks on the Vendor’s IT Consultant Staff. The State reserves the right to reject the Vendor’s IT Consultant Staff as a result of such reference checks.

6.6.1 Subcontractors

The Vendor may employ Subcontractors to deliver required services subject to the terms and conditions of this RFP, including but not limited to, in Section 6: General Contract

Requirements herein and Appendix H: State of New Hampshire Terms and Conditions – P-

37 and Contract Standard Language of this RFP. The Vendor shall remain wholly responsible for performance of the entire Contract regardless of whether a Subcontractor is used. The State will consider the Vendor to be the sole point of contact with regard to all contractual matters, including payment of any and all charges resulting from any Contract.





6.7 Warranty

6.7.1 Services

The Vendor shall warrant that all services to be provided under the Contract shall be provided expediently and in a professional manner in accordance with the RFP; and that Services will comply with Appendix H: State of New Hampshire Terms and Conditions-

P-37 and Contract Standard Language and Section 6 General Contract Requirements.

6.7.2 Personnel

The Vendor shall warrant that all personnel engaged in the services shall be qualified to perform the services, and shall be properly licensed and otherwise authorized to do so under all applicable laws.

6.7.3 Non-Infringement

The Vendor shall warrant that it has good title to, or the right to allow the State to use, all Services, equipment, and Software (“Material”) provided under this Contract, and that such Services, equipment, and Software do not violate or infringe any patent, trademark, copyright, trade name or other intellectual property rights or misappropriate a trade secret of any third party.

6.7.4 Warranty Period

The Vendor shall warrant all services and personnel, engaged under Contract as a result of the RFP, for the duration of the Contract period. The warranty for non-infringement shall survive the conclusion of the Contract and any extensions.

6.8 Administrative Specifications

6.8.1 Travel Expenses

The Vendor must assume all travel and related expenses by “fully loading” the proposed labor rates to include, but not limited to: meals, hotel, airfare, car rentals, car mileage, and out-of-pocket expenses.

6.8.2 Shipping and Delivery Fee Exemption

The State will not pay for any shipping or delivery fees unless specifically itemized in the Contract.

6.8.3 Reserved

6.8.4 Reserved

6.8.5 Access/Cooperation

As applicable, and reasonably necessary, and subject to the applicable State and federal laws and regulations and restrictions imposed by third parties upon the State, the State will provide the Vendor with access to all program files, libraries, personal computer-





based systems, software packages, network systems, security systems, and hardware as required to complete the contracted Services.

The State will use reasonable efforts to provide approvals, authorizations, and decisions reasonably necessary to allow the Vendor to perform its obligations under the Contract.

6.8.6 State-Owned Documents and Copyright Privileges

The Vendor shall provide the State access to all Documents, State Data, materials, reports, and other work in progress relating to the Contract (“State Owned Documents”). Upon expiration or termination of the Contract with the State, Vendor shall turn over all State-Owned Documents, State Data, material, reports, and work in progress relating to this Contract to the State at no additional cost to the State. State-Owned Documents must be provided in both printed and electronic format.

6.8.7 Intellectual Property

The State shall hold ownership, title, and rights in any Custom Software developed in connection with the performance of obligations under the Contract, or modifications to the software and their associated Documentation.

The Vendor shall be free to use its general knowledge, skills, experience, and any other ideas, concepts, know-how, and techniques that are acquired or used in the course of its performance under the Contract.

6.8.8 Work for Hire

In performing its obligations under the Contract, the State and the Vendor shall agree that any work created or prepared by the Vendor’s personnel within the scope of their employment, or a work specially ordered or commissioned for use as a contribution to a collective work, shall be considered a work for hire. As such, it shall be considered the sole property of the State

6.8.9 IT Required Work Procedures

All work done must conform to standards and procedures established by the Department of Information Technology and the State.

6.8.10 Computer Use

In consideration for receiving access to and use of the computer facilities, network, licensed or developed software, software maintained or operated by any of the State entities, systems, equipment, Documentation, information, reports, or data of any kind (hereinafter “Information”), Vendor understands and agrees to the following rules:

a. Every Authorized User has the responsibility to assure the protection ofInformation from unauthorized access, misuse, theft, damage, destruction,modification, or disclosure.

b. That information shall be used solely for conducting official State business, andall other use or access is strictly forbidden including, but not limited to, personal,





or other private and non-State use and that at no time shall Vendor access or attempt to access any information without having the express authority to do so.

c. That at no time shall Vendor access or attempt to access any information in amanner inconsistent with the approved policies, procedures, and /or agreementsrelating to system entry/access.

d. That all software licensed, developed, or being evaluated by the State cannot becopied, shared, distributed, sub-licensed, modified, reverse engineered, rented, orsold, and that at all times Vendor must use utmost care to protect and keep suchsoftware strictly confidential in accordance with the license or any otherAgreement executed by the State. Only equipment or software owned, licensed,or being evaluated by the State, can be used by the Vendor. Personal software(including but not limited to palmtop sync software) shall not be installed on anyequipment.

e. That if the Vendor is found to be in violation of any of the above-stated rules, theUser may face removal from the State Contract, and/or criminal or civilprosecution, if the act constitutes a violation of law.

6.8.11 Email Use

Mail and other electronic communication messaging systems are State of New Hampshire property and are to be used for business purposes only. Email is defined as “internal Email systems” or “State-funded Email systems”. Vendors understand and agree that use of email shall follow State standard policy (available upon request).

6.8.12 Internet/Intranet Use

The Internet/Intranet is to be used for access to and distribution of information in direct support of the business of the State of New Hampshire according to State standard policy (available upon request).

6.8.13 Regulatory/Governmental Approvals

Any Contract awarded under the RFP shall be contingent upon the Vendor obtaining all necessary and applicable regulatory or other governmental approvals.

6.8.14 Force Majeure

Neither Vendor nor the State shall be responsible for delays or failures in performance resulting from events beyond the control of such party and without fault or negligence of such party. Such events shall include, but not be limited to, acts of God, strikes, block outs, riots, and acts of War, epidemics, acts of Government, fire, power failures, nuclear accidents, earthquakes, and unusually severe weather.

Except in the event of the foregoing, Force Majeure events shall not include Vendor’s inability to hire or provide personnel needed for the Vendor’s performance under the Contract.





6.8.15 Confidential Information

6.8.15.1 In performing its obligations under the Contract, the Vendor may gain access to information of the State, including State Confidential Information. “State Confidential Information” shall include, but not be limited to, information exempted from public disclosure under New Hampshire RSA Chapter 91-A: Access to Public Records and Meetings (see e.g. RSA Chapter 91-A:5

Exemptions). The Vendor shall not use the State Confidential Information developed or obtained during the performance of, or acquired, or developed by reason of the Contract, except as is directly connected to and necessary for the Vendor’s performance under the Contract, unless otherwise permitted under the Contract.

6.8.15.2 The Vendor agrees to maintain the confidentiality of and to protect from unauthorized use, disclosure, publication, and reproduction (collectively “release”), all State Confidential Information that becomes available to the Vendor in connection with its performance under the Contract, regardless of its form. Subject to applicable federal or State laws and regulations, Confidential Information shall not include information which: (i) shall have otherwise become publicly available other than as a result of disclosure by the receiving party in breach hereof; (ii) was disclosed to the receiving party on a non-confidential basis from a source other than the disclosing party, which the receiving party believes is not prohibited from disclosing such information as a result of an obligation in favor of the disclosing party; (iii) is developed by the receiving party independently of, or was known by the receiving party prior to, any disclosure of such information made by the disclosing party; or (iv) is disclosed with the written consent of the disclosing party. A receiving party also may disclose Confidential Information to the extent required by an order of a court of competent jurisdiction.

6.8.15.3 Any disclosure of the State’s Confidential Information shall require prior written approval of the State. The Vendor shall immediately notify the State if any request, subpoena or other legal process is served upon the Vendor regarding the State’s Confidential Information, and the Vendor shall cooperate with the State in any effort it undertakes to contest the subpoena or other legal process at no additional cost to the State.

6.8.15.4 In the event of unauthorized release of the State’s Confidential Information, the Vendor shall immediately notify the State, and the State shall immediately pursue any remedy at law and in equity, including, but not limited to injunctive relief.

6.8.15.5 Insofar as the Vendor seeks to maintain the confidentiality of its confidential or proprietary information, the Vendor must clearly identify in writing the information it claims to be confidential or proprietary. The Vendor acknowledges that the State is subject to the Right to Know law, RSA Chapter 91-A. The State shall maintain the confidentiality of the identified Confidential Information insofar as it is consistent with applicable laws or regulations,





including but not limited to, New Hampshire RSA Chapter 91-A. In the event the State receives a request for the information identified by the Vendor as confidential, the State shall notify the Vendor and specify the date the State will be releasing the requested information. Any effort to prohibit or enjoin the release of the information shall be the Vendor’s sole responsibility and at the Vendor’s sole expense. At the request of the State, the Vendor shall cooperate and assist the State with collection and review of the Vendor’s information at no additional expense to the State. Any effort to prohibit or enjoin the release of the information shall be the Vendor’s sole responsibility and at the Vendor’s sole expense. If the Vendor fails to obtain a court order enjoining the disclosure, the State shall release the information on the date specified in the State’s notice to the Vendor without any State liability to the Vendor.

6.8.15.6 This Section 6.8.15 Confidential Information shall survive termination or Contract conclusion.

6.8.16 Change of Ownership

In the event that the Vendor should change ownership for any reason whatsoever, the State shall have the option of continuing under the Contract with the Vendor, its successors or assigns for the full remaining term of the Contract; continuing under the Contract with the Vendor, its successors or assigns for such period of time as determined necessary by the State; or immediately terminate the Contract without liability to the Vendor, its successors or assigns.

6.8.17 Assignment, Delegation and Subcontracts

6.8.17.1 The Vendor shall not assign, delegate, subcontract, or otherwise transfer any of its interest, rights, or duties under the Contract without the prior written consent of the State. Such consent will not be unreasonably withheld. Any attempted transfer, assignment, delegation, or other transfer made without the State’s prior written consent shall be null and void.

6.8.17.2 The Vendor shall remain wholly responsible for performance of the entire Contract regardless of whether assignees, delegates, Subcontractors or other transferees (“Assigns”) are used, unless otherwise agreed to in writing by the State and the Assigns fully assumes in writing any and all obligations and liabilities under the Contract from the Effective Date. In the absence of a written assumption of full obligations and liabilities of the Contract, any permitted assignment, delegation, subcontract or other transfer shall not relieve the Vendor of any of its obligations under the Contract; nor affect any remedies available to the State against the Vendor that may arise from any event of default; and the State will consider the Vendor to be the sole point of contact with regard to all contractual matters, including payment of any and all charges resulting from the Contract. Any attempted transfer, assignment, delegation, or other transfer made without the State’s prior written consent shall be null and void, and may constitute an event of default at the sole discretion of the State.





6.8.17.3 Notwithstanding the foregoing, nothing herein shall prohibit the Vendor from assigning the Contract to the successor of all or substantially all of the assets of the business of the Vendor provided that the successor fully assumes in writing all obligations and responsibilities under the Contract. In the event that the Vendor should change ownership, as permitted under this Contract Section 10.12.3, the State shall have the option of continuing under the Contract with the Vendor, its successors or assigns for the full remaining term of the Contract; continuing under the Contract with the Vendor, or its successors or assigns for such period of time as determined necessary by the State; or immediately terminating the Contract without liability to the Vendor, its successors or assigns.

6.8.18 Venue and Jurisdiction The Contract shall be construed in accordance with the laws of the State of New Hampshire, and is binding upon and inures to the benefit of the parties and their respective successor and assigns. Any action may only be brought in the State of New Hampshire, Merrimack County Superior Court.

6.9 Pricing

6.9.1 Pricing

The Vendor must provide future pricing for each individual skill level proposed. A worksheet is provided in Appendix F, Table F-2: Future Vendor Rates Pricing

Worksheet.

6.9.2 Invoicing

The Vendor shall submit invoices within one week of the State’s acceptance of the Deliverable(s) as permitted by the Contract and the terms listed herein. All invoices shall be subject to the State’s prior written approval, which shall not be unreasonably withheld.

The Vendor shall only submit invoices for Services as permitted by the Contract. Invoices must be in a format as determined by the State and contain detailed information, including without limitation: itemization of each Service and identification of the Service for which payment is sought.

Upon acceptance of a properly documented invoice, the State will pay the invoice within thirty (30) days of invoice issuance. Invoices will not be backdated and shall be promptly dispatched.

If the State receives an invoice and the amount on the invoice is calculated incorrectly, the State shall notify the Vendor of the alleged error prior to the due date of such payment. The State and the Vendor agree to use commercially reasonable efforts to resolve the invoicing error within fifteen (15) days from such notification to the Vendor. The State shall promptly pay upon resolution of such dispute or within such fifteen (15) day period of an agreed-upon amount, whichever is later, and no late charges shall apply to that amount or the originally invoiced amount.





6.9.3 Overpayments to the Vendor

The Vendor shall promptly, but no later than fifteen (15) business days, return to the State the full amount of any overpayment or erroneous payment upon discovery or notification from the State.

6.9.4 Credits

The State may apply credits due to the State, arising out of the Contract, against the Vendor’s invoices with appropriate information attached.

6.9.5 Retention and Access Requirements

The Vendor shall agree to the conditions of all applicable State laws and regulations, which are incorporated herein by this reference, regarding retention and access requirements, including without limitation, retention policies consistent with the Federal Acquisition Regulations (FAR) Subpart 4.7 Contractor Records Retention.

The Vendor and its Subcontractors shall maintain books, records, documents, and other evidence of accounting procedures and practices, which properly and sufficiently reflect all direct and indirect costs, invoiced in the performance of their respective obligations under the Contract. The Vendor and its Subcontractors shall retain all such records for three (3) years following termination of the Contract, including any extensions. Records relating to any litigation matters regarding the Contract shall be kept for one (1) year following the termination of all litigation, including the termination of all appeals or the expiration of the appeals period.

Upon prior notice and subject to reasonable time frames, all such records shall be subject to inspection, examination, audit and copying by personnel so authorized by the State and federal officials so authorized by law, rule, regulation or Contract, as applicable. During the term of this Contract, access to these items shall be provided within Merrimack County of the State of New Hampshire, unless otherwise agreed by the State. Delivery of and access to such records shall be at no cost to the State during the three (3) year period following termination of the Contract and one (1) year term following litigation relating to the Contract, including all appeals or the expiration of the appeal period. The Vendor shall include the record retention and review requirements of this section in any of its subcontracts.

The State agrees that books, records, documents, and other evidence of accounting procedures and practices related to the Vendor’s cost structure and profit factors shall be excluded from the State’s review unless the cost or any other Services or Deliverables provided under the Contract is calculated or derived from the cost structure or profit factors.

6.9.6 Accounting Requirements

The Vendor shall maintain an accounting system in accordance with generally accepted accounting principles. The costs applicable to the Contract shall be ascertainable from the accounting system.





6.10 Dispute Resolution

Prior to the filing of any formal proceedings with respect to a dispute (other than an action seeking injunctive relief with respect to intellectual property rights), the party believing itself aggrieved (the "Invoking Party") shall call for progressive management involvement in the dispute negotiation by written notice to the other party. Such notice shall be without prejudice to the Invoking Party's right to any other remedy permitted by this Agreement.

The parties shall use all reasonable efforts to arrange personal meetings and/or telephone conferences as needed, at mutually convenient times and places, between negotiators for the parties at the following successive management levels, each of which shall have a period of allotted time as specified below in which to attempt to resolve the dispute:

Dispute Resolution Responsibility and Schedule Table

VENDOR THE STATE CUMULATIVE ALLOTTED TIME

Primary TBD Thomas Lambert State Project Manager

5 Business Days

First TBD Brook Dupee Bureau Chief

10 Business Days

Second TBD Dr. Jose Montero DPHS Director

15 Business Days

Third TBD Nicholas Toumpas DHHS Commissioner

20 Business Days

The allotted time for the first level negotiations shall begin on the date the Invoking Party's notice is received by the other party. Subsequent allotted time is days from the date that the original Invoking Party's notice is received by the other party.




APPENDIX A


APPENDIX A: BACKGROUND INFORMATION

A-1 New Hampshire Department of Health and Human Services

Background Information The New Hampshire Department of Health and Human Services Division of Public Health Services, Environmental Public Health Tracking Program is responsible for disseminating data and information related to population health risks and outcomes to stakeholders of the broader public health system. At the same time, NH DPHS is required, as part of gaining accreditation, to manage performance of its programs with an outcome driven mentality. NH DPHS has worked internally with stakeholders to identify data needs and has created the NH Health WISDOM Project (wisdom.dhhs.nh.gov) to address those needs as systematically and efficiently as possible while ensuring quality and precision.

Stakeholder needs include historical risk and outcome reporting data and predictive estimation of risks and hazards. Historical data helps monitor health status, measure effectiveness of public health interventions, and loosely identify high risk populations which are likely to have problems moving forward. Predictive data helps allocate resources, understand complex patterns of risk, and estimate where problems will occur. Within these output types stakeholders require data to be as representative of their target populations as possible, which means estimations for populations in small geographic, demographic, or socio economic risk categories.

The NH Health WISDOM Project uses existing State tools to create an environment where highly refined data and information can be delivered as a web based service.

Historical Reporting NH Health WISDOM has been highly successful and well received by stakeholders for historical reporting functions. The application delivers over 25,000,000 individual historic data points to a public audience. However, the State routinely faces challenges in reporting data in a parameterized online process which includes complex statistical analyses, such as:

1. Statistical error calculations for complex survey’s2. Smoothed small area statistics (Bayesian estimation)3. Age adjusted rates and error4. Trend analysis5. Tests for significance

Predictive Analytics NH Health WISDOM delivers no predictive data points to end users. Predictive analytics are being used by public health departments to leverage data and history to make informed, targeted decisions. For instance, the Chicago Public Health Department is piloting predictive analytic models within their food protection, tobacco control policy and lead inspection programs to make

informed, targeted decisions related to public health actions and allocation of resources.




APPENDIX A


Deliverable The State expects the work associated with this RFP will result in recommendations and requirements for multiple options for an integrated solution of one or more components that will meet reporting needs and fit within the States IT, security and program requirements, including budget considerations. Appendix C provides details on Requirements and Deliverables for work to be completed under the Contract resulting from this RFP.

Summary 1. The NH Health WISDOM Project and the NH Environmental Public Health Tracking

Program needs online analytical processing capacity in order to meet stakeholder and funder(CDC) requirements. In addition to the existing reporting capacity a solution is needed whichalso meets these needs as closely as possible: A cost effective solution which meets theperformance needs for the anonymous user, for both historical and predictive analytic needs.

a. Licensing models where costs are tied to hardware performance have not beeneffective as traditional sizing tools have not been able to accommodate the complexreport and query requirements needed for content to meet customer needs andrequirements.

2. A secure parameterized online processing system which includes advanced statisticalmethods for example:

a. Complex survey error estimation. The NH Behavioral Risk Factor SurveillanceSystem is a phone based survey system which uses a complex sample design. Thesurvey is used to calculate estimates for hundreds of key indicators which areanalyzed around age, gender, geography, time, socioeconomic, and other dimensions(basically any other question in the survey can become a dimension in a traditionalBI model design). Statistical confidence intervals are required in the report output.However, the calculations used to produce the standard error are not amendable toonline processes where mid process results can’t be effectively cached. The currentsolution requires hundreds of thousands of result sets to be cached and indexed in anoffline process before standard reporting tools are used and prompts for end usersallow for the various result sets to be selected.

b. Small area statistics. Small population statistics are useful for identifying areas withissues and prioritizing resources. As the population of concern decreases in size therisk of exposure of confidential information increases. Statistical uncertainty canalso limit the effectiveness of the data. Bayesian statistic approaches provide amethod for stabilizing estimates and obfuscating record level data. Currentcapabilities exclude Bayesian statistics in a parameterized online process.Parameterized online processes are required to allow for hundreds of indicators to beanalyzed across dozens of dimensions without having to cache hundreds ofthousands of possible result sets

3. Sharing State developed code and methods with other Environmental Public Health TrackingProgram Grantees.

a. The NH EPHT Program is part of a collaborative National Environmental PublicHealth Tracking Network. The 27 grantees which are part of this network definenationally consistent data and collaborate on efforts to define technical analysis andsurveillance methods to use information to overcome health problems. Proprietarysystems, specifications, licensing, and code limit NH EPHT’s ability to collaboratewith other grantees. The State can’t share solutions directly with other grantees




APPENDIX A


because the current stack uses proprietary data report specification formats and proprietary service connector code and specifications which many grantees do not own the licensing to use. Our current solution also uses proprietary logic to manage and parameterize queries and render visualizations of the data.

4. Rendering effective visualizations in all scenariosa. Providing access to specific, valid, meaningful, and useful data is the first goal of

the WISDOM project. Customer satisfaction is predominantly driven by the qualityof the data visualizations. The ability to understand and extract polish pixels is keyto meeting baseline needs while the functionality over those pixels is their gatewayto interacting with the data, asking more refined questions, and in understandingmore than is possible through static representations. The ability to use thevisualizations to meet more than the baseline needs is key to overall Customersatisfaction with the product. In an interactive environment such as NH HealthWISDOM the visualizations need to integrate seamlessly within the web page (bothvisually and within the document object model) and must be able to conform todifferent technical requirements related to size, shape, and contextual requirements.Users must be able to extract pixels from the page, for example, converting HTMLreports to print friendly products such as portable document format (PDF), etc.Users must be able to use the visualization as a tool for data discovery and as theuser interface for parameterizing the online analytical processes operating behind thescenes. Visualizations must be responsive to the users interaction and able toeffectively represent the data. Many different chart and map configurations will berequired and within, the ability to provide context as needed to enhance the usability.

5. Maintaining confidentiality in an interactive systema. Being able to conditionally break, pause, or cache intermediate result sets within the

online analytic process before they are transferred outside of secure systems (e.g.from a State server to the client) is required to ensure confidential data can besuppressed without significantly impacting performance. We have observed that ifthe online process does not have these qualities then iterative passes (such as wasrequired) over the results sets could cause exponential increases in the number ofqueries to the database and significant impacts to process performance (1 second to10 minutes). Customizability of the process is key to balancing confidentiality andperformance.

6. Access to a high quality and cost effective work forcea. A survey of staff indicates they value gaining experience in open source tools and

technologies over proprietary systems, code, and specifications.

A-2 Department of Information Technology and Technology Status

The Vendor IT consultant staff shall work in cooperation with the New Hampshire Department of Information Technology (DoIT). DoIT oversees implementation of all statewide information technology activities.




APPENDIX A


A-3 Related Documents Required at Contract Award

DHHS Appendix H: State of New Hampshire Terms and Conditions and Contract Standard Language

DHHS Appendix I: Exceptions to Terms and Conditions DHHS Appendix J: CLAS Section of RFP

Required Certificates: a. Certificate of Good Standing/Authority

(Dated after April of the current year and available from the Office of the Secretary of Stateby calling (603) 271-3244 or (603) 271-3246. Forms are also available on:www.sos.nh.gov/corporate/index.html)

b. Certificate of Vote (Appendix G-2)

c. Proof of Insurance Compliance with Appendix H: State of New Hampshire Terms and

Conditions-P-37and Contract Standard Language, Section 14: Insurance.

A-4 State Project Team

State Project Manager The State Project Manager, Thomas Lambert, Chief of Health Statistics and Data Management, Environmental Public Health Tracking Program, Division of Public Health Services, Department of Health and Human Services will be responsible for the following:

1. Securing financing2. Engaging and managing Vendor3. Managing issues and risks4. Managing stakeholder concerns and expectations

Subject Matter Experts

It is expected the vendor will work with the following subject matter experts (SME) experts when researching State policies, procedures and requirements.

NH Department of Health and Human Services 1. Chief Information Officer2. Chief Security Officer

NH Division of Public Health Services 1. DPHS Web Reporting Business Analyst2. DPHS Web Reporting Managers3. DPHS Executive Business Managers4. DPHS Performance Managers

NH Department of Information Technology 1. IT Security Group Management (or delegate)




APPENDIX A


2. Agency Software Management (or delegate)3. Operations Management (or delegate)4. Technical Support Services Management (or delegate)5. Web Support Management (or delegate)




APPENDIX B


APPENDIX B: MINIMUM STANDARDS FOR PROPOSAL CONSIDERATION

The State seeks proven, experienced IT consultants to work with State personnel in accordance with the Schedule and the requirements and Deliverables of Appendix C: Requirements and Appendix E: Standards for Vendor Qualifications.

For IT Consultant Staff Augmentation Proposals, the minimum standards for proposal consideration include:

B-1 Proposal Submission The Proposal submitted on time, as defined in this RFP in Section 2: Schedule of Events;

B-2 Compliance with Requirements Compliance with 75% of the mandatory requirements in Appendix C: Requirements;

B-3 Transmittal Form Letter Inclusion of the properly completed Transmittal Form Letter contained in Section 4.18.2: Transmittal Form Letter of this RFP.

B-4 Experience and References The candidates must have experience as listed in Appendix C: Requirements. The Candidate must provide references in support of experience indicated in the Appendix C.




APPENDIX C


APPENDIX C: REQUIREMENTS

Requirements are hereby incorporated into this RFP as Attachment 1. Vendors shall complete a checklist based on the attached format and include with their proposal.

Vendors shall complete the Attachment making special note of the instructions which are included on the first tab of the spreadsheet.




APPENDIX D


APPENDIX D: NARRATIVE TOPICS

To better understand the skills and experience offered by your company, complete the following narrative topics:

1. Describe the depth and breadth of technical skills offered by your company staff. Address allrequirements listed in Appendix C.

2. Describe your candidate’s experience with market research. How will they approach this projectand ensure an unbiased recommendation? What market analysis tools do you plan to use duringthis project?

3. Describe the most important considerations when reporting to the public where reports combinedata sourced from both within and outside enterprise systems.

4. Provide sample results from similar projects.5. Provide a preliminary Work Plan in MS Project for the completion of all Deliverables specified in

this RFP.




APPENDIX E


APPENDIX E: STANDARDS FOR DESCRIBING VENDOR QUALIFICATIONS

Vendor qualifications are an important factor in selecting the Vendor IT Consultants as Staff augmentation to the State staff. To facilitate evaluation of Vendor qualifications, the State seeks information about the corporate qualifications of each Vendor proposed to participate in the Project and the individual qualifications of candidates for IT Consultant staff roles. This appendix identifies specific information that must be submitted.

E-1 Required Information on Corporate Qualifications

The Vendor submitting a Proposal to this RFP must identify any Subcontractor(s) and provide the following for the Vendor and each Subcontractor identified:

E-1.1 Corporate Overview (2 Page Limit)

Identify the proposed role of the Vendor or Subcontractor firm as related to this RFP request. Describe the major business areas of the firm. Provide a high-level description of the firm’s organization and staff size. Discuss the firm’s experience with the requested skills and in New Hampshire.

E-1.2 Financial Strength

Provide the following:

• The current Dunn & Bradstreet report;

• The firm’s two most recent audited financial statements; and

• The firm’s most recent un-audited, quarterly financial statement.

E-1.3 Litigation

Identify and describe any claims made by clients during the last ten (10) years. Discuss merits, current status and, if available, outcome of each matter.

E-1.4 Subcontractor Information Vendors must provide information on any subcontractors proposed to work on this Project. Required information shall include but not be limited to:

1. Identification of the proposed Subcontractor and a description of the major businessareas of the firm and their proposed role on the Project.

2. A high-level description of the Subcontractor’s organization and staff size.3. Discussion of the Subcontractor’s individual qualifications of candidates for IT

Consultant staff roles; and4. Two references from companies or organizations where they performed similar

services, if requested by the State.

E-2 Candidates for Vendor IT Consultant Staff Roles

Provide a resume not to exceed three (3) pages for each Vendor IT Consultant staff position proposed. Each resume should address the requirements in Appendix C including, but not limited to:

• The individual’s educational background;




APPENDIX E


• An overview of the individual’s work history;

• The individual’s Project experience, including Project type, Project role and duration of theassignment;

• Any significant certifications held by or honors awarded to the candidate;

• A history of the individual’s application experience; and

• At least three (3) references, with contact information that can address the individual’sperformance on past Projects.




APPENDIX F


APPENDIX F: PRICING WORKSHEETS

A Vendor’s Cost Proposal must be based on the worksheets formatted as described in Appendix F.

The resulting Contract shall be a Firm Fixed Price Contract. The budget for the Project shall not exceed $20,000.

F-1 Deliverable Payment Schedule

The Payment Schedule below pairs Vendor Payment to Delivery Dates and key Planned Performance Measures as provided in Appendix C

Table F-1: Deliverable Payment Schedule

Ref. # Activity, Deliverable, or Milestone Deliverable

Type

Projected Delivery Date

(Not listed in in chronological order)

Payment Amount

Project Management

1. Conduct project kick-off teleconference meeting Non-Software $6,000

2. Finalized Work plan Written

3. Daily stakeholder outreach/ interview progress report Written

4. Weekly project status reports

5. In person stakeholder meeting Non-Software

Research

6. Interview Key State Stakeholders to assess current and future business needs Non-Software

7. Interview Key Stakeholders to assess State IT requirements

Non-Software

8. Interview Key Stakeholders to assess State security requirements

Non-Software

9.

Conduct research to determine available software to meet State current and future needs

Non-Software

10.

Conduct research to determine if current solutions can be used differently to better meet the States needs

Non-Software




APPENDIX F


Ref. # Activity, Deliverable, or Milestone Deliverable

Type

Projected Delivery Date

(Not listed in in chronological order)

Payment Amount

Final Report

11. Documentation of Program Business Requirements Written

12. Documentation of relevant State IT Policies Written

13. Documentation of Relevant State Security Requirements Written

14.

Evaluation Rubric for Potential Solutions. (This requires a traceability matrix) Written

15. Architecture Diagrams for proposed solution Written

16. Return on Investment Summary Written

17.

Identify hardware, software, and services that the State will need to plan to procure to implement the recommended solution. Written

18.

Document any policy and procedure changes the state would need to make to accommodate the proposed solution Written

19. List of Business and Technical Requirements in the State’s format. Written

20.

Provide Business and Technical Stakeholders with proposed findings for validation prior to Preliminary Findings presentation Written

21. Presentation of Preliminary Findings Non-Software

22. State Acceptance of Preliminary Findings Non-Software $2,000

23. Final Report Submitted and Accepted by the State Written 12,000

24. TOTAL $20,000

F-2 Vendor Rates Pricing Worksheet

The State may request additional services from the selected Vendor and requires rates in the event that additional service is required. The following format must be used to provide this information. “SFY” refers to State fiscal year. The New Hampshire State Fiscal year runs from July 1 through June 30 of the following calendar year.




APPENDIX F


Table F-2: Future Vendor Rates Pricing Worksheet

Position Title SFY 2015 7/1/2014 – 6/30/2015

SFY 2016 7/1/2015 – 6/30/2016

Position #1

Position #2

Position #3

Add positions as necessary




APPENDIX G


APPENDIX G – SAMPLE CERTIFICATES

G-1 New Hampshire Certificate of Authority or Certificate of Good Standing

(VENDORS NEED TO SUBMIT AT CONTRACT AWARD TIME)

As a condition of Contract award, the Vendor must furnish a Certificate of Authority/Good Standing dated after April 1, 201X, from the Office of the Secretary of State of New Hampshire. If your company is not registered, an application form may be obtained from:

Secretary of State State House Annex 25 Capitol Street

Concord, New Hampshire 03301 603-271-3244

If your company is registered, a Certification thereof may be obtained from the Secretary of State.




APPENDIX G


G-2 Sample Certificate of Vote

CERTIFICATE

(Corporation without Seal)

I, ___________________________________, Clerk/Secretary of the

____________________________________________________, do hereby certify that:

(1) I am the duly elected and acting Clerk/Secretary of the ____________________________, a

______________________________ corporation (State of incorporation) (the “Corporation");

(2) I maintain and have custody and am familiar with the minute books of the Corporation;

(3) I am duly authorized to issue certificates with respect to the contents of such books;

(4) The following are true, accurate and complete copies of the resolutions adopted by the Board of Directors of the Corporation at a meeting of the said Board of Directors held on the ______ day of ______________, 201X which meeting was duly held in accordance with ______________________________(State of incorporation) law and the by-laws of the Corporation:

RESOLVED: That this Corporation enter into a Contract with the State of New Hampshire, acting by and through the Division of Public Health Services of the Department of Health and Human Services, providing for the performance of certain IT Consulting services, and that the President (and Vice President) (and the Treasurer) (or any of them acting singly) be and hereby (is) (are) authorized and directed for and on behalf of this Corporation to enter into the said Contract with the State and to take any and all such actions and to execute, acknowledge and deliver for and on behalf of this Corporation any and all documents, agreements and other instruments (and any amendments, revisions or modifications thereto) and (she) (he) (any of them) may deem necessary, desirable or appropriate to accomplish the same;

RESOLVED: That the signature of any officer of this Corporation affixed to any instrument or document in or contemplated by these resolutions shall be conclusive evidence of the authority of said officer to bind this Corporation thereby;

(5) the foregoing resolutions have not been revoked, annulled, or amended in any manner whatsoever and remain in full force and effect as of the date hereof;

(6) the following person(s) (has) (have) been duly elected to and now occupy the office(s) indicated below:

_____________________________________ President

_____________________________________ Vice President

_____________________________________ Treasurer




APPENDIX G


and;

(7) the corporation has no seal.

IN WITNESS WHEREOF, I have hereunto set my hand as the Clerk/Secretary of the Corporation this __________ day of ___________________, 201X.

___________________________________ Clerk/Secretary

STATE OF ________________________

COUNTY OF________________________

Page 1 of 4

FORM NUMBER P-37 (version 1/09)

Subject:

AGREEMENT The State of New Hampshire and the Contractor hereby mutually agree as follows:

GENERAL PROVISIONS 1. IDENTIFICATION.1.1 State Agency Name 1.2 State Agency Address

129 Pleasant Street, Brown Building Concord, New Hampshire 03301-3857

1.3 Contractor Name 1.4 Contractor Address

1.5 Contractor Phone Number )

1.6 Account Number 1.7 Completion Date 1.8 Price Limitation

1.9 Contracting Officer for State Agency 1.10 State Agency Telephone Number

1.11 Contractor Signature 1.12 Name and Title of Contractor Signatory

1.13 Acknowledgement: State of , County of

On , before the undersigned officer, personally appeared the person identified in block 1.12, or satisfactorily proven to be the person whose name is signed in block 1.11, and acknowledged that s/he executed this document in the capacity indicated in block 1.12. 1.13.1 Signature of Notary Public or Justice of the Peace

[Seal]

1.13.2 Name and Title of Notary or Justice of the Peace

1.14 State Agency Signature 1.15 Name and Title of State Agency Signatory

1.16 Approval by the N.H. Department of Administration, Division of Personnel (if applicable)

By: Director, On:

1.17 Approval by the Attorney General (Form, Substance and Execution)

By: On:

1.18 Approval by the Governor and Executive Council

By: On:

Appendix H

Page 2 of 4 Contractor Initials:

Date:

2. EMPLOYMENT OF CONTRACTOR/SERVICES TOBE PERFORMED. The State of New Hampshire, acting through the agency identified in block 1.1 (“State”), engages contractor identified in block 1.3 (“Contractor”) to perform, and the Contractor shall perform, the work or sale of goods, or both, identified and more particularly described in the attached EXHIBIT A which is incorporated herein by reference (“Services”).

3. EFFECTIVE DATE/COMPLETION OF SERVICES.3.1 Notwithstanding any provision of this Agreement to the contrary, and subject to the approval of the Governor and Executive Council of the State of New Hampshire, this Agreement, and all obligations of the parties hereunder, shall not become effective until the date the Governor and Executive Council approve this Agreement (“Effective Date”). 3.2 If the Contractor commences the Services prior to the Effective Date, all Services performed by the Contractor prior to the Effective Date shall be performed at the sole risk of the Contractor, and in the event that this Agreement does not become effective, the State shall have no liability to the Contractor, including without limitation, any obligation to pay the Contractor for any costs incurred or Services performed. Contractor must complete all Services by the Completion Date specified in block 1.7.

4. CONDITIONAL NATURE OF AGREEMENT.Notwithstanding any provision of this Agreement to the contrary, all obligations of the State hereunder, including, without limitation, the continuance of payments hereunder, are contingent upon the availability and continued appropriation of funds, and in no event shall the State be liable for any payments hereunder in excess of such available appropriated funds. In the event of a reduction or termination of appropriated funds, the State shall have the right to withhold payment until such funds become available, if ever, and shall have the right to terminate this Agreement immediately upon giving the Contractor notice of such termination. The State shall not be required to transfer funds from any other account to the Account identified in block 1.6 in the event funds in that Account are reduced or unavailable.

5. CONTRACT PRICE/PRICE LIMITATION/PAYMENT. 5.1 The contract price, method of payment, and terms of payment are identified and more particularly described in EXHIBIT B which is incorporated herein by reference. 5.2 The payment by the State of the contract price shall be the only and the complete reimbursement to the Contractor for all expenses, of whatever nature incurred by the Contractor in the performance hereof, and shall be the only and the complete compensation to the Contractor for the Services. The State shall have no liability to the Contractor other than the contract price. 5.3 The State reserves the right to offset from any amounts otherwise payable to the Contractor under this Agreement those liquidated amounts required or permitted by N.H. RSA 80:7 through RSA 80:7-c or any other provision of law.

5.4 Notwithstanding any provision in this Agreement to the contrary, and notwithstanding unexpected circumstances, in no event shall the total of all payments authorized, or actually made hereunder, exceed the Price Limitation set forth in block 1.8.

6. COMPLIANCE BY CONTRACTOR WITH LAWSAND REGULATIONS/ EQUAL EMPLOYMENT OPPORTUNITY. 6.1 In connection with the performance of the Services, the Contractor shall comply with all statutes, laws, regulations, and orders of federal, state, county or municipal authorities which impose any obligation or duty upon the Contractor, including, but not limited to, civil rights and equal opportunity laws. In addition, the Contractor shall comply with all applicable copyright laws. 6.2 During the term of this Agreement, the Contractor shall not discriminate against employees or applicants for employment because of race, color, religion, creed, age, sex, handicap, sexual orientation, or national origin and will take affirmative action to prevent such discrimination. 6.3 If this Agreement is funded in any part by monies of the United States, the Contractor shall comply with all the provisions of Executive Order No. 11246 (“Equal Employment Opportunity”), as supplemented by the regulations of the United States Department of Labor (41 C.F.R. Part 60), and with any rules, regulations and guidelines as the State of New Hampshire or the United States issue to implement these regulations. The Contractor further agrees to permit the State or United States access to any of the Contractor’s books, records and accounts for the purpose of ascertaining compliance with all rules, regulations and orders, and the covenants, terms and conditions of this Agreement.

7. PERSONNEL.7.1 The Contractor shall at its own expense provide all personnel necessary to perform the Services. The Contractor warrants that all personnel engaged in the Services shall be qualified to perform the Services, and shall be properly licensed and otherwise authorized to do so under all applicable laws. 7.2 Unless otherwise authorized in writing, during the term of this Agreement, and for a period of six (6) months after the Completion Date in block 1.7, the Contractor shall not hire, and shall not permit any subcontractor or other person, firm or corporation with whom it is engaged in a combined effort to perform the Services to hire, any person who is a State employee or official, who is materially involved in the procurement, administration or performance of this Agreement. This provision shall survive termination of this Agreement. 7.3 The Contracting Officer specified in block 1.9, or his or her successor, shall be the State’s representative. In the event of any dispute concerning the interpretation of this Agreement, the Contracting Officer’s decision shall be final for the State.

Appendix H


Date:

8. EVENT OF DEFAULT/REMEDIES.8.1 Any one or more of the following acts or omissions of the Contractor shall constitute an event of default hereunder (“Event of Default”): 8.1.1 failure to perform the Services satisfactorily or on schedule; 8.1.2 failure to submit any report required hereunder; and/or 8.1.3 failure to perform any other covenant, term or condition of this Agreement. 8.2 Upon the occurrence of any Event of Default, the State may take any one, or more, or all, of the following actions: 8.2.1 give the Contractor a written notice specifying the Event of Default and requiring it to be remedied within, in the absence of a greater or lesser specification of time, thirty (30) days from the date of the notice; and if the Event of Default is not timely remedied, terminate this Agreement, effective two (2) days after giving the Contractor notice of termination; 8.2.2 give the Contractor a written notice specifying the Event of Default and suspending all payments to be made under this Agreement and ordering that the portion of the contract price which would otherwise accrue to the Contractor during the period from the date of such notice until such time as the State determines that the Contractor has cured the Event of Default shall never be paid to the Contractor; 8.2.3 set off against any other obligations the State may owe to the Contractor any damages the State suffers by reason of any Event of Default; and/or 8.2.4 treat the Agreement as breached and pursue any of its remedies at law or in equity, or both.

9. DATA/ACCESS/CONFIDENTIALITY/PRESERVATION. 9.1 As used in this Agreement, the word “data” shall mean all information and things developed or obtained during the performance of, or acquired or developed by reason of, this Agreement, including, but not limited to, all studies, reports, files, formulae, surveys, maps, charts, sound recordings, video recordings, pictorial reproductions, drawings, analyses, graphic representations, computer programs, computer printouts, notes, letters, memoranda, papers, and documents, all whether finished or unfinished. 9.2 All data and any property which has been received from the State or purchased with funds provided for that purpose under this Agreement, shall be the property of the State, and shall be returned to the State upon demand or upon termination of this Agreement for any reason. 9.3 Confidentiality of data shall be governed by N.H. RSA chapter 91-A or other existing law. Disclosure of data requires prior written approval of the State.

10. TERMINATION. In the event of an early termination ofthis Agreement for any reason other than the completion of the Services, the Contractor shall deliver to the Contracting Officer, not later than fifteen (15) days after the date of termination, a report (“Termination Report”) describing in detail all Services performed, and the contract price earned, to and including the date of termination. The form, subject matter, content, and number of copies of the Termination

Report shall be identical to those of any Final Report described in the attached EXHIBIT A.

11. CONTRACTOR’S RELATION TO THE STATE. Inthe performance of this Agreement the Contractor is in all respects an independent contractor, and is neither an agent nor an employee of the State. Neither the Contractor nor any of its officers, employees, agents or members shall have authority to bind the State or receive any benefits, workers’ compensation or other emoluments provided by the State to its employees.

12. ASSIGNMENT/DELEGATION/SUBCONTRACTS.The Contractor shall not assign, or otherwise transfer any interest in this Agreement without the prior written consent of the N.H. Department of Administrative Services. None of the Services shall be subcontracted by the Contractor without the prior written consent of the State.

13. INDEMNIFICATION. The Contractor shall defend,indemnify and hold harmless the State, its officers and employees, from and against any and all losses suffered by the State, its officers and employees, and any and all claims, liabilities or penalties asserted against the State, its officers and employees, by or on behalf of any person, on account of, based or resulting from, arising out of (or which may be claimed to arise out of) the acts or omissions of the Contractor. Notwithstanding the foregoing, nothing herein contained shall be deemed to constitute a waiver of the sovereign immunity of the State, which immunity is hereby reserved to the State. This covenant in paragraph 13 shall survive the termination of this Agreement.

14. INSURANCE.14.1 The Contractor shall, at its sole expense, obtain and maintain in force, and shall require any subcontractor or assignee to obtain and maintain in force, the following insurance: 14.1.1 comprehensive general liability insurance against all claims of bodily injury, death or property damage, in amounts of not less than $250,000 per claim and $2,000,000 per occurrence; and 14.1.2 fire and extended coverage insurance covering all property subject to subparagraph 9.2 herein, in an amount not less than 80% of the whole replacement value of the property. 14.2 The policies described in subparagraph 14.1 herein shall be on policy forms and endorsements approved for use in the State of New Hampshire by the N.H. Department of Insurance, and issued by insurers licensed in the State of New Hampshire. 14.3 The Contractor shall furnish to the Contracting Officer identified in block 1.9, or his or her successor, a certificate(s) of insurance for all insurance required under this Agreement. Contractor shall also furnish to the Contracting Officer identified in block 1.9, or his or her successor, certificate(s) of insurance for all renewal(s) of insurance required under this Agreement no later than fifteen (15) days prior to the expiration date of each of the insurance policies. The certificate(s) of insurance and any renewals thereof shall be attached and are incorporated herein by reference. Each

Appendix H


Date:

certificate(s) of insurance shall contain a clause requiring the insurer to endeavor to provide the Contracting Officer identified in block 1.9, or his or her successor, no less than ten (10) days prior written notice of cancellation or modification of the policy.

15. WORKERS’ COMPENSATION.15.1 By signing this agreement, the Contractor agrees, certifies and warrants that the Contractor is in compliance with or exempt from, the requirements of N.H. RSA chapter 281-A (“Workers’ Compensation”). 15.2 To the extent the Contractor is subject to the requirements of N.H. RSA chapter 281-A, Contractor shall maintain, and require any subcontractor or assignee to secure and maintain, payment of Workers’ Compensation in connection with activities which the person proposes to undertake pursuant to this Agreement. Contractor shall furnish the Contracting Officer identified in block 1.9, or his or her successor, proof of Workers’ Compensation in the manner described in N.H. RSA chapter 281-A and any applicable renewal(s) thereof, which shall be attached and are incorporated herein by reference. The State shall not be responsible for payment of any Workers’ Compensation premiums or for any other claim or benefit for Contractor, or any subcontractor or employee of Contractor, which might arise under applicable State of New Hampshire Workers’ Compensation laws in connection with the performance of the Services under this Agreement.

16. WAIVER OF BREACH. No failure by the State toenforce any provisions hereof after any Event of Default shall be deemed a waiver of its rights with regard to that Event of Default, or any subsequent Event of Default. No express failure to enforce any Event of Default shall be deemed a waiver of the right of the State to enforce each and all of the provisions hereof upon any further or other Event of Default on the part of the Contractor.

17. NOTICE. Any notice by a party hereto to the other partyshall be deemed to have been duly delivered or given at the time of mailing by certified mail, postage prepaid, in a United States Post Office addressed to the parties at the addresses given in blocks 1.2 and 1.4, herein.

18. AMENDMENT. This Agreement may be amended,waived or discharged only by an instrument in writing signed by the parties hereto and only after approval of such amendment, waiver or discharge by the Governor and Executive Council of the State of New Hampshire.

19. CONSTRUCTION OF AGREEMENT AND TERMS.This Agreement shall be construed in accordance with the laws of the State of New Hampshire, and is binding upon and inures to the benefit of the parties and their respective successors and assigns. The wording used in this Agreement is the wording chosen by the parties to express their mutual intent, and no rule of construction shall be applied against or in favor of any party.

20. THIRD PARTIES. The parties hereto do not intend tobenefit any third parties and this Agreement shall not be construed to confer any such benefit.

21. HEADINGS. The headings throughout the Agreement arefor reference purposes only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.

22. SPECIAL PROVISIONS. Additional provisions set forthin the attached EXHIBIT C are incorporated herein by reference.

23. SEVERABILITY. In the event any of the provisions ofthis Agreement are held by a court of competent jurisdiction to be contrary to any state or federal law, the remaining provisions of this Agreement will remain in full force and effect.

24. ENTIRE AGREEMENT. This Agreement, which maybe executed in a number of counterparts, each of which shall be deemed an original, constitutes the entire Agreement and understanding between the parties, and supersedes all prior Agreements and understandings relating hereto.

Appendix H

New Hampshire Department of Health and Human Services Exhibit C

Exhibit C – Special Provisions Contractor Initials __________

06/27/14 Page 1 of 5 Date __________

SPECIAL PROVISIONS

Contractors Obligations: The Contractor covenants and agrees that all funds received by the Contractor under the Contract shall be used only as payment to the Contractor for services provided to eligible individuals and, in the furtherance of the aforesaid covenants, the Contractor hereby covenants and agrees as follows:

1. Compliance with Federal and State Laws: If the Contractor is permitted to determine the eligibilityof individuals such eligibility determination shall be made in accordance with applicable federal andstate laws, regulations, orders, guidelines, policies and procedures.

2. Time and Manner of Determination: Eligibility determinations shall be made on forms provided bythe Department for that purpose and shall be made and remade at such times as are prescribed bythe Department.

3. Documentation: In addition to the determination forms required by the Department, the Contractorshall maintain a data file on each recipient of services hereunder, which file shall include allinformation necessary to support an eligibility determination and such other information as theDepartment requests. The Contractor shall furnish the Department with all forms and documentationregarding eligibility determinations that the Department may request or require.

4. Fair Hearings: The Contractor understands that all applicants for services hereunder, as well asindividuals declared ineligible have a right to a fair hearing regarding that determination. TheContractor hereby covenants and agrees that all applicants for services shall be permitted to fill outan application form and that each applicant or re-applicant shall be informed of his/her right to a fairhearing in accordance with Department regulations.

5. Gratuities or Kickbacks: The Contractor agrees that it is a breach of this Contract to accept ormake a payment, gratuity or offer of employment on behalf of the Contractor, any Sub-Contractor orthe State in order to influence the performance of the Scope of Work detailed in Exhibit A of thisContract. The State may terminate this Contract and any sub-contract or sub-agreement if it isdetermined that payments, gratuities or offers of employment of any kind were offered or received byany officials, officers, employees or agents of the Contractor or Sub-Contractor.

6. Retroactive Payments: Notwithstanding anything to the contrary contained in the Contract or in anyother document, contract or understanding, it is expressly understood and agreed by the partieshereto, that no payments will be made hereunder to reimburse the Contractor for costs incurred forany purpose or for any services provided to any individual prior to the Effective Date of the Contractand no payments shall be made for expenses incurred by the Contractor for any services providedprior to the date on which the individual applies for services or (except as otherwise provided by thefederal regulations) prior to a determination that the individual is eligible for such services.

7. Conditions of Purchase: Notwithstanding anything to the contrary contained in the Contract, nothingherein contained shall be deemed to obligate or require the Department to purchase serviceshereunder at a rate which reimburses the Contractor in excess of the Contractors costs, at a ratewhich exceeds the amounts reasonable and necessary to assure the quality of such service, or at arate which exceeds the rate charged by the Contractor to ineligible individuals or other third partyfunders for such service. If at any time during the term of this Contract or after receipt of the FinalExpenditure Report hereunder, the Department shall determine that the Contractor has usedpayments hereunder to reimburse items of expense other than such costs, or has received paymentin excess of such costs or in excess of such rates charged by the Contractor to ineligible individualsor other third party funders, the Department may elect to:7.1. Renegotiate the rates for payment hereunder, in which event new rates shall be established;7.2. Deduct from any future payment to the Contractor the amount of any prior reimbursement in

excess of costs;

Appendix H



06/27/14 Page 2 of 5 Date __________

7.3. Demand repayment of the excess payment by the Contractor in which event failure to make such repayment shall constitute an Event of Default hereunder. When the Contractor is permitted to determine the eligibility of individuals for services, the Contractor agrees to reimburse the Department for all funds paid by the Department to the Contractor for services provided to any individual who is found by the Department to be ineligible for such services at any time during the period of retention of records established herein.

RECORDS: MAINTENANCE, RETENTION, AUDIT, DISCLOSURE AND CONFIDENTIALITY:

8. Maintenance of Records: In addition to the eligibility records specified above, the Contractorcovenants and agrees to maintain the following records during the Contract Period:8.1. Fiscal Records: books, records, documents and other data evidencing and reflecting all costs

and other expenses incurred by the Contractor in the performance of the Contract, and all income received or collected by the Contractor during the Contract Period, said records to be maintained in accordance with accounting procedures and practices which sufficiently and properly reflect all such costs and expenses, and which are acceptable to the Department, and to include, without limitation, all ledgers, books, records, and original evidence of costs such as purchase requisitions and orders, vouchers, requisitions for materials, inventories, valuations of in-kind contributions, labor time cards, payrolls, and other records requested or required by the Department.

8.2. Statistical Records: Statistical, enrollment, attendance or visit records for each recipient of services during the Contract Period, which records shall include all records of application and eligibility (including all forms required to determine eligibility for each such recipient), records regarding the provision of services and all invoices submitted to the Department to obtain payment for such services.

8.3. Medical Records: Where appropriate and as prescribed by the Department regulations, the Contractor shall retain medical records on each patient/recipient of services.

9. Audit: Contractor shall submit an annual audit to the Department within 60 days after the close of theagency fiscal year. It is recommended that the report be prepared in accordance with the provision ofOffice of Management and Budget Circular A-133, "Audits of States, Local Governments, and NonProfit Organizations" and the provisions of Standards for Audit of Governmental Organizations,Programs, Activities and Functions, issued by the US General Accounting Office (GAO standards) asthey pertain to financial compliance audits.9.1. Audit and Review: During the term of this Contract and the period for retention hereunder, the

Department, the United States Department of Health and Human Services, and any of their designated representatives shall have access to all reports and records maintained pursuant to the Contract for purposes of audit, examination, excerpts and transcripts.

9.2. Audit Liabilities: In addition to and not in any way in limitation of obligations of the Contract, it is understood and agreed by the Contractor that the Contractor shall be held liable for any state or federal audit exceptions and shall return to the Department, all payments made under the Contract to which exception has been taken or which have been disallowed because of such an exception.

10. Confidentiality of Records: All information, reports, and records maintained hereunder or collectedin connection with the performance of the services and the Contract shall be confidential and shall notbe disclosed by the Contractor, provided however, that pursuant to state laws and the regulations ofthe Department regarding the use and disclosure of such information, disclosure may be made topublic officials requiring such information in connection with their official duties and for purposesdirectly connected to the administration of the services and the Contract; and provided further, thatthe use or disclosure by any party of any information concerning a recipient for any purpose notdirectly connected with the administration of the Department or the Contractor's responsibilities withrespect to purchased services hereunder is prohibited except on written consent of the recipient, hisattorney or guardian.

Appendix H



06/27/14 Page 3 of 5 Date __________

Notwithstanding anything to the contrary contained herein the covenants and conditions contained in the Paragraph shall survive the termination of the Contract for any reason whatsoever.

11. Reports: Fiscal and Statistical: The Contractor agrees to submit the following reports at the followingtimes if requested by the Department.11.1. Interim Financial Reports: Written interim financial reports containing a detailed description of

all costs and non-allowable expenses incurred by the Contractor to the date of the report and containing such other information as shall be deemed satisfactory by the Department to justify the rate of payment hereunder. Such Financial Reports shall be submitted on the form designated by the Department or deemed satisfactory by the Department.

11.2. Final Report: A final report shall be submitted within thirty (30) days after the end of the term of this Contract. The Final Report shall be in a form satisfactory to the Department and shall contain a summary statement of progress toward goals and objectives stated in the Proposal and other information required by the Department.

12. Completion of Services: Disallowance of Costs: Upon the purchase by the Department of themaximum number of units provided for in the Contract and upon payment of the price limitationhereunder, the Contract and all the obligations of the parties hereunder (except such obligations as,by the terms of the Contract are to be performed after the end of the term of this Contract and/orsurvive the termination of the Contract) shall terminate, provided however, that if, upon review of theFinal Expenditure Report the Department shall disallow any expenses claimed by the Contractor ascosts hereunder the Department shall retain the right, at its discretion, to deduct the amount of suchexpenses as are disallowed or to recover such sums from the Contractor.

13. Credits: All documents, notices, press releases, research reports and other materials preparedduring or resulting from the performance of the services of the Contract shall include the followingstatement:13.1. The preparation of this (report, document etc.) was financed under a Contract with the State

of New Hampshire, Department of Health and Human Services, with funds provided in part by the State of New Hampshire and/or such other funding sources as were available or required, e.g., the United States Department of Health and Human Services.

14. Prior Approval and Copyright Ownership: All materials (written, video, audio) produced orpurchased under the contract shall have prior approval from DHHS before printing, production,distribution or use. The DHHS will retain copyright ownership for any and all original materialsproduced, including, but not limited to, brochures, resource directories, protocols or guidelines,posters, or reports. Contractor shall not reproduce any materials produced under the contract withoutprior written approval from DHHS.

15. Operation of Facilities: Compliance with Laws and Regulations: In the operation of any facilitiesfor providing services, the Contractor shall comply with all laws, orders and regulations of federal,state, county and municipal authorities and with any direction of any Public Officer or officerspursuant to laws which shall impose an order or duty upon the contractor with respect to theoperation of the facility or the provision of the services at such facility. If any governmental license orpermit shall be required for the operation of the said facility or the performance of the said services,the Contractor will procure said license or permit, and will at all times comply with the terms andconditions of each such license or permit. In connection with the foregoing requirements, theContractor hereby covenants and agrees that, during the term of this Contract the facilities shallcomply with all rules, orders, regulations, and requirements of the State Office of the Fire Marshal andthe local fire protection agency, and shall be in conformance with local building and zoning codes, by-laws and regulations.

16. Equal Employment Opportunity Plan (EEOP): The Contractor will provide an Equal EmploymentOpportunity Plan (EEOP) to the Office for Civil Rights, Office of Justice Programs (OCR), if it hasreceived a single award of $500,000 or more. If the recipient receives $25,000 or more and has 50 or

Appendix H



06/27/14 Page 4 of 5 Date __________

more employees, it will maintain a current EEOP on file and submit an EEOP Certification Form to the OCR, certifying that its EEOP is on file. For recipients receiving less than $25,000, or public grantees with fewer than 50 employees, regardless of the amount of the award, the recipient will provide an EEOP Certification Form to the OCR certifying it is not required to submit or maintain an EEOP. Non-profit organizations, Indian Tribes, and medical and educational institutions are exempt from the EEOP requirement, but are required to submit a certification form to the OCR to claim the exemption. EEOP Certification Forms are available at: http://www.ojp.usdoj/about/ocr/pdfs/cert.pdf.

17. Limited English Proficiency (LEP): As clarified by Executive Order 13166, Improving Access toServices for persons with Limited English Proficiency, and resulting agency guidance, national origindiscrimination includes discrimination on the basis of limited English proficiency (LEP). To ensurecompliance with the Omnibus Crime Control and Safe Streets Act of 1968 and Title VI of the CivilRights Act of 1964, Contractors must take reasonable steps to ensure that LEP persons havemeaningful access to its programs.

18. Pilot Program for Enhancement of Contractor Employee Whistleblower Protections: Thefollowing shall apply to all contracts that exceed the Simplified Acquisition Threshold as defined in 48CFR 2.101 (currently, $150,000)

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

19. Subcontractors: DHHS recognizes that the Contractor may choose to use subcontractors withgreater expertise to perform certain health care services or functions for efficiency or convenience,but the Contractor shall retain the responsibility and accountability for the function(s). Prior tosubcontracting, the Contractor shall evaluate the subcontractor’s ability to perform the delegatedfunction(s). This is accomplished through a written agreement that specifies activities and reportingresponsibilities of the subcontractor and provides for revoking the delegation or imposing sanctions ifthe subcontractor’s performance is not adequate. Subcontractors are subject to the same contractualconditions as the Contractor and the Contractor is responsible to ensure subcontractor compliancewith those conditions.When the Contractor delegates a function to a subcontractor, the Contractor shall do the following:19.1. Evaluate the prospective subcontractor’s ability to perform the activities, before delegating

the function 19.2. Have a written agreement with the subcontractor that specifies activities and reporting

responsibilities and how sanctions/revocation will be managed if the subcontractor’s performance is not adequate

19.3. Monitor the subcontractor’s performance on an ongoing basis

Appendix H



06/27/14 Page 5 of 5 Date __________

19.4. Provide to DHHS an annual schedule identifying all subcontractors, delegated functions and responsibilities, and when the subcontractor’s performance will be reviewed

19.5. DHHS shall, at its discretion, review and approve all subcontracts.

If the Contractor identifies deficiencies or areas for improvement are identified, the Contractor shall take corrective action.

DEFINITIONS As used in the Contract, the following terms shall have the following meanings:

COSTS: Shall mean those direct and indirect items of expense determined by the Department to be allowable and reimbursable in accordance with cost and accounting principles established in accordance with state and federal laws, regulations, rules and orders.

DEPARTMENT: NH Department of Health and Human Services.

FINANCIAL MANAGEMENT GUIDELINES: Shall mean that section of the Contractor Manual which is entitled "Financial Management Guidelines" and which contains the regulations governing the financial activities of contractor agencies which have contracted with the State of NH to receive funds.

PROPOSAL: If applicable, shall mean the document submitted by the Contractor on a form or forms required by the Department and containing a description of the Services to be provided to eligible individuals by the Contractor in accordance with the terms and conditions of the Contract and setting forth the total cost and sources of revenue for each service to be provided under the Contract.

UNIT: For each service that the Contractor is to provide to eligible individuals hereunder, shall mean that period of time or that specified activity determined by the Department and specified in Exhibit B of the Contract.

FEDERAL/STATE LAW: Wherever federal or state laws, regulations, rules, orders, and policies, etc. are referred to in the Contract, the said reference shall be deemed to mean all such laws, regulations, etc. as they may be amended or revised from the time to time.

CONTRACTOR MANUAL: Shall mean that document prepared by the NH Department of Administrative Services containing a compilation of all regulations promulgated pursuant to the New Hampshire Administrative Procedures Act. NH RSA Ch 541-A, for the purpose of implementing State of NH and federal regulations promulgated thereunder.

SUPPLANTING OTHER FEDERAL FUNDS: The Contractor guarantees that funds provided under this Contract will not supplant any existing federal funds available for these services.

Appendix H

New Hampshire Department of Health and Human Services Exhibit C-1

Exhibit C-1 – Revisions to Standard Provisions Contractor Initials __________

CU/DHHS/110713 Page 1 of 1 Date __________

REVISIONS TO GENERAL PROVISIONS

1. Subparagraph 4 of the General Provisions of this contract, Conditional Nature of Agreement, isreplaced as follows:4. CONDITIONAL NATURE OF AGREEMENT.

Notwithstanding any provision of this Agreement to the contrary, all obligations of the Statehereunder, including without limitation, the continuance of payments, in whole or in part,under this Agreement are contingent upon continued appropriation or availability of funds,including any subsequent changes to the appropriation or availability of funds affected byany state or federal legislative or executive action that reduces, eliminates, or otherwisemodifies the appropriation or availability of funding for this Agreement and the Scope ofServices provided in Exhibit A, Scope of Services, in whole or in part. In no event shall theState be liable for any payments hereunder in excess of appropriated or available funds. Inthe event of a reduction, termination or modification of appropriated or available funds, theState shall have the right to withhold payment until such funds become available, if ever. TheState shall have the right to reduce, terminate or modify services under this Agreementimmediately upon giving the Contractor notice of such reduction, termination or modification.The State shall not be required to transfer funds from any other source or account into theAccount(s) identified in block 1.6 of the General Provisions, Account Number, or any otheraccount, in the event funds are reduced or unavailable.

2. Subparagraph 10 of the General Provisions of this contract, Termination, is amended by adding thefollowing language;10.1 The State may terminate the Agreement at any time for any reason, at the sole discretion of

the State, 30 days after giving the Contractor written notice that the State is exercising its option to terminate the Agreement.

10.2 In the event of early termination, the Contractor shall, within 15 days of notice of early termination, develop and submit to the State a Transition Plan for services under the Agreement, including but not limited to, identifying the present and future needs of clients receiving services under the Agreement and establishes a process to meet those needs.

10.3 The Contractor shall fully cooperate with the State and shall promptly provide detailed information to support the Transition Plan including, but not limited to, any information or data requested by the State related to the termination of the Agreement and Transition Plan and shall provide ongoing communication and revisions of the Transition Plan to the State as requested.

10.4 In the event that services under the Agreement, including but not limited to clients receiving services under the Agreement are transitioned to having services delivered by another entity including contracted providers or the State, the Contractor shall provide a process for uninterrupted delivery of services in the Transition Plan.

10.5 The Contractor shall establish a method of notifying clients and other affected individuals about the transition. The Contractor shall include the proposed communications in its Transition Plan submitted to the State as described above.

Appendix H

New Hampshire Department of Health and Human Services Exhibit D

Exhibit D – Certification regarding Drug Free Contractor Initials __________ Workplace Requirements


CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS

The Contractor identified in Section 1.3 of the General Provisions agrees to comply with the provisions of Sections 5151-5160 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701 et seq.), and further agrees to have the Contractor’s representative, as identified in Sections 1.11 and 1.12 of the General Provisions execute the following Certification:

ALTERNATIVE I - FOR GRANTEES OTHER THAN INDIVIDUALS

US DEPARTMENT OF HEALTH AND HUMAN SERVICES - CONTRACTORS US DEPARTMENT OF EDUCATION - CONTRACTORS US DEPARTMENT OF AGRICULTURE - CONTRACTORS

This certification is required by the regulations implementing Sections 5151-5160 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701 et seq.). The January 31, 1989 regulations were amended and published as Part II of the May 25, 1990 Federal Register (pages 21681-21691), and require certification by grantees (and by inference, sub-grantees and sub-contractors), prior to award, that they will maintain a drug-free workplace. Section 3017.630(c) of the regulation provides that a grantee (and by inference, sub-grantees and sub-contractors) that is a State may elect to make one certification to the Department in each federal fiscal year in lieu of certificates for each grant during the federal fiscal year covered by the certification. The certificate set out below is a material representation of fact upon which reliance is placed when the agency awards the grant. False certification or violation of the certification shall be grounds for suspension of payments, suspension or termination of grants, or government wide suspension or debarment. Contractors using this form should send it to:

Commissioner NH Department of Health and Human Services 129 Pleasant Street, Concord, NH 03301-6505

1. The grantee certifies that it will or will continue to provide a drug-free workplace by:1.1. Publishing a statement notifying employees that the unlawful manufacture, distribution,

dispensing, possession or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;

1.2. Establishing an ongoing drug-free awareness program to inform employees about 1.2.1. The dangers of drug abuse in the workplace; 1.2.2. The grantee’s policy of maintaining a drug-free workplace; 1.2.3. Any available drug counseling, rehabilitation, and employee assistance programs; and 1.2.4. The penalties that may be imposed upon employees for drug abuse violations

occurring in the workplace; 1.3. Making it a requirement that each employee to be engaged in the performance of the grant be

given a copy of the statement required by paragraph (a); 1.4. Notifying the employee in the statement required by paragraph (a) that, as a condition of

employment under the grant, the employee will 1.4.1. Abide by the terms of the statement; and 1.4.2. Notify the employer in writing of his or her conviction for a violation of a criminal drug

statute occurring in the workplace no later than five calendar days after such conviction;

1.5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 1.4.2 from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency

Appendix H

New Hampshire Department of Health and Human Services Exhibit D

Exhibit D – Certification regarding Drug Free Contractor Initials __________ Workplace Requirements


has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant;

1.6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 1.4.2, with respect to any employee who is so convicted 1.6.1. Taking appropriate personnel action against such an employee, up to and including

termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or

1.6.2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;

1.7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1.1, 1.2, 1.3, 1.4, 1.5, and 1.6.

2. The grantee may insert in the space provided below the site(s) for the performance of work done inconnection with the specific grant.

Place of Performance (street address, city, county, state, zip code) (list each location)

Check if there are workplaces on file that are not identified here.

Contractor Name:

__________________ ___________________________________ Date Name:

Title:

Appendix H

New Hampshire Department of Health and Human Services Exhibit E

Exhibit E – Certification Regarding Lobbying Contractor Initials __________


CERTIFICATION REGARDING LOBBYING

The Contractor identified in Section 1.3 of the General Provisions agrees to comply with the provisions of Section 319 of Public Law 101-121, Government wide Guidance for New Restrictions on Lobbying, and 31 U.S.C. 1352, and further agrees to have the Contractor’s representative, as identified in Sections 1.11 and 1.12 of the General Provisions execute the following Certification:

US DEPARTMENT OF HEALTH AND HUMAN SERVICES - CONTRACTORS US DEPARTMENT OF EDUCATION - CONTRACTORS US DEPARTMENT OF AGRICULTURE - CONTRACTORS

Programs (indicate applicable program covered): *Temporary Assistance to Needy Families under Title IV-A*Child Support Enforcement Program under Title IV-D*Social Services Block Grant Program under Title XX*Medicaid Program under Title XIX*Community Services Block Grant under Title VI*Child Care Development Block Grant under Title IV

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, toany person for influencing or attempting to influence an officer or employee of any agency, a Memberof Congress, an officer or employee of Congress, or an employee of a Member of Congress inconnection with the awarding of any Federal contract, continuation, renewal, amendment, ormodification of any Federal contract, grant, loan, or cooperative agreement (and by specific mentionsub-grantee or sub-contractor).

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person forinfluencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with thisFederal contract, grant, loan, or cooperative agreement (and by specific mention sub-grantee or sub-contractor), the undersigned shall complete and submit Standard Form LLL, (Disclosure Form toReport Lobbying, in accordance with its instructions, attached and identified as Standard Exhibit E-l.)

3. The undersigned shall require that the language of this certification be included in the awarddocument for sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants,loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Contractor Name:

__________________ ___________________________________ Date Name:

Title:

Appendix H

New Hampshire Department of Health and Human Services Exhibit F

Exhibit F – Certification Regarding Debarment, Suspension Contractor Initials __________ And Other Responsibility Matters


CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS

The Contractor identified in Section 1.3 of the General Provisions agrees to comply with the provisions of Executive Office of the President, Executive Order 12549 and 45 CFR Part 76 regarding Debarment, Suspension, and Other Responsibility Matters, and further agrees to have the Contractor’s representative, as identified in Sections 1.11 and 1.12 of the General Provisions execute the following Certification:

INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal (contract), the prospective primary participant is providing the

certification set out below.

2. The inability of a person to provide the certification required below will not necessarily result in denialof participation in this covered transaction. If necessary, the prospective participant shall submit anexplanation of why it cannot provide the certification. The certification or explanation will beconsidered in connection with the NH Department of Health and Human Services’ (DHHS)determination whether to enter into this transaction. However, failure of the prospective primaryparticipant to furnish a certification or an explanation shall disqualify such person from participation inthis transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placedwhen DHHS determined to enter into this transaction. If it is later determined that the prospectiveprimary participant knowingly rendered an erroneous certification, in addition to other remediesavailable to the Federal Government, DHHS may terminate this transaction for cause or default.

4. The prospective primary participant shall provide immediate written notice to the DHHS agency towhom this proposal (contract) is submitted if at any time the prospective primary participant learnsthat its certification was erroneous when submitted or has become erroneous by reason of changedcircumstances.

5. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier coveredtransaction,” “participant,” “person,” “primary covered transaction,” “principal,” “proposal,” and“voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions andCoverage sections of the rules implementing Executive Order 12549: 45 CFR Part 76. See theattached definitions.

6. The prospective primary participant agrees by submitting this proposal (contract) that, should theproposed covered transaction be entered into, it shall not knowingly enter into any lower tier coveredtransaction with a person who is debarred, suspended, declared ineligible, or voluntarily excludedfrom participation in this covered transaction, unless authorized by DHHS.

7. The prospective primary participant further agrees by submitting this proposal that it will include theclause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions,” provided by DHHS, without modification, in all lower tier coveredtransactions and in all solicitations for lower tier covered transactions.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in alower tier covered transaction that it is not debarred, suspended, ineligible, or involuntarily excludedfrom the covered transaction, unless it knows that the certification is erroneous. A participant maydecide the method and frequency by which it determines the eligibility of its principals. Eachparticipant may, but is not required to, check the Nonprocurement List (of excluded parties).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of recordsin order to render in good faith the certification required by this clause. The knowledge and

Appendix H

New Hampshire Department of Health and Human Services Exhibit F

Exhibit F – Certification Regarding Debarment, Suspension Contractor Initials __________ And Other Responsibility Matters


information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in acovered transaction knowingly enters into a lower tier covered transaction with a person who issuspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, inaddition to other remedies available to the Federal government, DHHS may terminate this transactionfor cause or default.

PRIMARY COVERED TRANSACTIONS 11. The prospective primary participant certifies to the best of its knowledge and belief, that it and its

principals:11.1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or

voluntarily excluded from covered transactions by any Federal department or agency; 11.2. have not within a three-year period preceding this proposal (contract) been convicted of or had

a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or a contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

11.3. are not presently indicted for otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and

11.4. have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

12. Where the prospective primary participant is unable to certify to any of the statements in thiscertification, such prospective participant shall attach an explanation to this proposal (contract).

LOWER TIER COVERED TRANSACTIONS 13. By signing and submitting this lower tier proposal (contract), the prospective lower tier participant, as

defined in 45 CFR Part 76, certifies to the best of its knowledge and belief that it and its principals:13.1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or

voluntarily excluded from participation in this transaction by any federal department or agency. 13.2. where the prospective lower tier participant is unable to certify to any of the above, such

prospective participant shall attach an explanation to this proposal (contract).

14. The prospective lower tier participant further agrees by submitting this proposal (contract) that it willinclude this clause entitled “Certification Regarding Debarment, Suspension, Ineligibility, andVoluntary Exclusion - Lower Tier Covered Transactions,” without modification in all lower tier coveredtransactions and in all solicitations for lower tier covered transactions.

Contractor Name:

__________________ ___________________________________ Date Name:

Title:

Appendix H

New Hampshire Department of Health and Human Services Exhibit G

Exhibit G Contractor Initials __________

Certification of Compliance with requirements pertaining to Federal Nondiscrimination, Equal Treatment of Faith-Based Organizations and Whistleblower protections

6/27/14 Rev. 10/21/14 Page 1 of 2 Date __________

CERTIFICATION OF COMPLIANCE WITH REQUIREMENTS PERTAINING TO FEDERAL NONDISCRIMINATION, EQUAL TREATMENT OF FAITH-BASED ORGANIZATIONS AND

WHISTLEBLOWER PROTECTIONS

The Contractor identified in Section 1.3 of the General Provisions agrees by signature of the Contractor’srepresentative as identified in Sections 1.11 and 1.12 of the General Provisions, to execute the following certification:

Contractor will comply, and will require any subgrantees or subcontractors to comply, with any applicable federal nondiscrimination requirements, which may include:

- the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. Section 3789d) which prohibits recipients of federal funding under this statute from discriminating, either in employment practices or in the delivery of services or benefits, on the basis of race, color, religion, national origin, and sex. The Act requires certain recipients to produce an Equal Employment Opportunity Plan;

- the Juvenile Justice Delinquency Prevention Act of 2002 (42 U.S.C. Section 5672(b)) which adopts by reference, the civil rights obligations of the Safe Streets Act. Recipients of federal funding under this statute are prohibited from discriminating, either in employment practices or in the delivery of services or benefits, on the basis of race, color, religion, national origin, and sex. The Act includes Equal Employment Opportunity Plan requirements;

- the Civil Rights Act of 1964 (42 U.S.C. Section 2000d, which prohibits recipients of federal financial assistance from discriminating on the basis of race, color, or national origin in any program or activity);

- the Rehabilitation Act of 1973 (29 U.S.C. Section 794), which prohibits recipients of Federal financial assistance from discriminating on the basis of disability, in regard to employment and the delivery of services or benefits, in any program or activity;

- the Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12131-34), which prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation;

- the Education Amendments of 1972 (20 U.S.C. Sections 1681, 1683, 1685-86), which prohibits discrimination on the basis of sex in federally assisted education programs;

- the Age Discrimination Act of 1975 (42 U.S.C. Sections 6106-07), which prohibits discrimination on the basis of age in programs or activities receiving Federal financial assistance. It does not include employment discrimination;

- 28 C.F.R. pt. 31 (U.S. Department of Justice Regulations – OJJDP Grant Programs); 28 C.F.R. pt. 42 (U.S. Department of Justice Regulations – Nondiscrimination; Equal Employment Opportunity; Policies and Procedures); Executive Order No. 13279 (equal protection of the laws for faith-based and community organizations); Executive Order No. 13559, which provide fundamental principles and policy-making criteria for partnerships with faith-based and neighborhood organizations;

- 28 C.F.R. pt. 38 (U.S. Department of Justice Regulations – Equal Treatment for Faith-Based Organizations); and Whistleblower protections 41 U.S.C. §4712 and The National Defense Authorization Act (NDAA) for Fiscal Year 2013 (Pub. L. 112-239, enacted January 2, 2013) the Pilot Program for Enhancement of Contract Employee Whistleblower Protections, which protects employees against reprisal for certain whistle blowing activities in connection with federal grants and contracts.

The certificate set out below is a material representation of fact upon which reliance is placed when the agency awards the grant. False certification or violation of the certification shall be grounds for suspension of payments, suspension or termination of grants, or government wide suspension or debarment.

Appendix H

New Hampshire Department of Health and Human Services Exhibit G

Exhibit G Contractor Initials __________

Certification of Compliance with requirements pertaining to Federal Nondiscrimination, Equal Treatment of Faith-Based Organizations and Whistleblower protections

6/27/14 Rev. 10/21/14 Page 2 of 2 Date __________

In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, or sex against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, to the applicable contracting agency or division within the Department of Health and Human Services, and to the Department of Health and Human Services Office of the Ombudsman.

The Contractor identified in Section 1.3 of the General Provisions agrees by signature of the Contractor’s representative as identified in Sections 1.11 and 1.12 of the General Provisions, to execute the following certification: 1. By signing and submitting this proposal (contract) the Contractor agrees to comply with the provisions

indicated above.

Contractor Name:

__________________ ___________________________________ Date Name: Title:

Appendix H

New Hampshire Department of Health and Human Services Exhibit H

Exhibit H – Certification Regarding Contractor Initials __________ Environmental Tobacco Smoke CU/DHHS/110713 Page 1 of 1 Date __________

CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE Public Law 103-227, Part C - Environmental Tobacco Smoke, also known as the Pro-Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law does not apply to children’s services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1000 per day and/or the imposition of an administrative compliance order on the responsible entity. The Contractor identified in Section 1.3 of the General Provisions agrees, by signature of the Contractor’s representative as identified in Section 1.11 and 1.12 of the General Provisions, to execute the following certification: 1. By signing and submitting this contract, the Contractor agrees to make reasonable efforts to comply

with all applicable provisions of Public Law 103-227, Part C, known as the Pro-Children Act of 1994. Contractor Name: __________________ ___________________________________ Date Name: Title:

Appendix H

New Hampshire Department of Health and Human Services

Exhibit I

3/2014 Exhibit I Contractor Initials __________ Health Insurance Portability Act

Business Associate Agreement Page 1 of 6 Date __________

HEALTH INSURANCE PORTABLITY ACT BUSINESS ASSOCIATE AGREEMENT

The Contractor identified in Section 1.3 of the General Provisions of the Agreement agrees to comply with the Health Insurance Portability and Accountability Act, Public Law 104-191 and with the Standards for Privacy and Security of Individually Identifiable Health Information, 45 CFR Parts 160 and 164 applicable to business associates. As defined herein, “Business Associate” shall mean the Contractor and subcontractors and agents of the Contractor that receive, use or have access to protected health information under this Agreement and “Covered Entity” shall mean the State of New Hampshire, Department of Health and Human Services.

(1) Definitions.

a. “Breach” shall have the same meaning as the term “Breach” in section 164.402 of Title 45, Code of Federal Regulations.

b. “Business Associate” has the meaning given such term in section 160.103 of Title 45, Code

of Federal Regulations.

c. “Covered Entity” has the meaning given such term in section 160.103 of Title 45, Code of Federal Regulations. d. “Designated Record Set” shall have the same meaning as the term “designated record set”

in 45 CFR Section 164.501. e. “Data Aggregation” shall have the same meaning as the term “data aggregation” in 45 CFR

Section 164.501. f. “Health Care Operations” shall have the same meaning as the term “health care operations”

in 45 CFR Section 164.501. g. “HITECH Act” means the Health Information Technology for Economic and Clinical Health

Act, TitleXIII, Subtitle D, Part 1 & 2 of the American Recovery and Reinvestment Act of 2009.

h. “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, Public Law

104-191 and the Standards for Privacy and Security of Individually Identifiable Health Information, 45 CFR Parts 160, 162 and 164 and amendments thereto.

i. “Individual” shall have the same meaning as the term “individual” in 45 CFR Section 160.103

and shall include a person who qualifies as a personal representative in accordance with 45 CFR Section 164.501(g).

j. “Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable Health

Information at 45 CFR Parts 160 and 164, promulgated under HIPAA by the United States Department of Health and Human Services.

k. “Protected Health Information” shall have the same meaning as the term “protected health

information” in 45 CFR Section 160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity.

Appendix H


Exhibit I

3/2014 Exhibit I Contractor Initials __________ Health Insurance Portability Act

Business Associate Agreement Page 2 of 6 Date __________

l. “Required by Law” shall have the same meaning as the term “required by law” in 45 CFR

Section 164.103. m. “Secretary” shall mean the Secretary of the Department of Health and Human Services or

his/her designee. n. “Security Rule” shall mean the Security Standards for the Protection of Electronic Protected

Health Information at 45 CFR Part 164, Subpart C, and amendments thereto. o. “Unsecured Protected Health Information” means protected health information that is not

secured by a technology standard that renders protected health information unusable, unreadable, or indecipherable to unauthorized individuals and is developed or endorsed by a standards developing organization that is accredited by the American National Standards Institute.

p. Other Definitions - All terms not otherwise defined herein shall have the meaning

established under 45 C.F.R. Parts 160, 162 and 164, as amended from time to time, and the HITECH Act.

Business Associate Use and Disclosure of Protected Health Information.

a. Business Associate shall not use, disclose, maintain or transmit Protected Health Information (PHI) except as reasonably necessary to provide the services outlined under Exhibit A of the Agreement. Further, Business Associate, including but not limited to all its directors, officers, employees and agents, shall not use, disclose, maintain or transmit PHI in any manner that would constitute a violation of the Privacy and Security Rule.

b. Business Associate may use or disclose PHI:

I. For the proper management and administration of the Business Associate; II. As required by law, pursuant to the terms set forth in paragraph d. below; or III. For data aggregation purposes for the health care operations of Covered

Entity. c. To the extent Business Associate is permitted under the Agreement to disclose PHI to a

third party, Business Associate must obtain, prior to making any such disclosure, (i) reasonable assurances from the third party that such PHI will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the third party; and (ii) an agreement from such third party to notify Business Associate, in accordance with the HIPAA Privacy, Security, and Breach Notification Rules of any breaches of the confidentiality of the PHI, to the extent it has obtained knowledge of such breach.

d. The Business Associate shall not, unless such disclosure is reasonably necessary to provide services under Exhibit A of the Agreement, disclose any PHI in response to a request for disclosure on the basis that it is required by law, without first notifying Covered Entity so that Covered Entity has an opportunity to object to the disclosure and to seek appropriate relief. If Covered Entity objects to such disclosure, the Business

Appendix H

elizabeth.l.biron

Typewritten Text

(2)


Exhibit I

3/2014 Exhibit I Contractor Initials __________ Health Insurance Portability Act Business Associate Agreement

Page 3 of 6 Date __________

Associate shall refrain from disclosing the PHI until Covered Entity has exhausted all remedies.

e. If the Covered Entity notifies the Business Associate that Covered Entity has agreed tobe bound by additional restrictions over and above those uses or disclosures or securitysafeguards of PHI pursuant to the Privacy and Security Rule, the Business Associateshall be bound by such additional restrictions and shall not disclose PHI in violation ofsuch additional restrictions and shall abide by any additional security safeguards.

(3) Obligations and Activities of Business Associate.

a. The Business Associate shall notify the Covered Entity’s Privacy Officer immediatelyafter the Business Associate becomes aware of any use or disclosure of protectedhealth information not provided for by the Agreement including breaches of unsecuredprotected health information and/or any security incident that may have an impact on theprotected health information of the Covered Entity.

b. The Business Associate shall immediately perform a risk assessment when it becomesaware of any of the above situations. The risk assessment shall include, but not belimited to:

o The nature and extent of the protected health information involved, including thetypes of identifiers and the likelihood of re-identification;

o The unauthorized person used the protected health information or to whom thedisclosure was made;

o Whether the protected health information was actually acquired or viewedo The extent to which the risk to the protected health information has been

mitigated.

The Business Associate shall complete the risk assessment within 48 hours of the breach and immediately report the findings of the risk assessment in writing to the Covered Entity.

c. The Business Associate shall comply with all sections of the Privacy, Security, andBreach Notification Rule.

d. Business Associate shall make available all of its internal policies and procedures, booksand records relating to the use and disclosure of PHI received from, or created orreceived by the Business Associate on behalf of Covered Entity to the Secretary forpurposes of determining Covered Entity’s compliance with HIPAA and the Privacy andSecurity Rule.

e. Business Associate shall require all of its business associates that receive, use or haveaccess to PHI under the Agreement, to agree in writing to adhere to the samerestrictions and conditions on the use and disclosure of PHI contained herein, includingthe duty to return or destroy the PHI as provided under Section 3 (l). The Covered Entityshall be considered a direct third party beneficiary of the Contractor’s business associateagreements with Contractor’s intended business associates, who will be receiving PHI

Appendix H


Exhibit I


Page 4 of 6 Date __________

pursuant to this Agreement, with rights of enforcement and indemnification from such business associates who shall be governed by standard Paragraph #13 of the standard contract provisions (P-37) of this Agreement for the purpose of use and disclosure of protected health information.

f. Within five (5) business days of receipt of a written request from Covered Entity,Business Associate shall make available during normal business hours at its offices allrecords, books, agreements, policies and procedures relating to the use and disclosureof PHI to the Covered Entity, for purposes of enabling Covered Entity to determineBusiness Associate’s compliance with the terms of the Agreement.

g. Within ten (10) business days of receiving a written request from Covered Entity,Business Associate shall provide access to PHI in a Designated Record Set to theCovered Entity, or as directed by Covered Entity, to an individual in order to meet therequirements under 45 CFR Section 164.524.

h. Within ten (10) business days of receiving a written request from Covered Entity for anamendment of PHI or a record about an individual contained in a Designated RecordSet, the Business Associate shall make such PHI available to Covered Entity foramendment and incorporate any such amendment to enable Covered Entity to fulfill itsobligations under 45 CFR Section 164.526.

i. Business Associate shall document such disclosures of PHI and information related tosuch disclosures as would be required for Covered Entity to respond to a request by anindividual for an accounting of disclosures of PHI in accordance with 45 CFR Section164.528.

j. Within ten (10) business days of receiving a written request from Covered Entity for arequest for an accounting of disclosures of PHI, Business Associate shall make availableto Covered Entity such information as Covered Entity may require to fulfill its obligationsto provide an accounting of disclosures with respect to PHI in accordance with 45 CFRSection 164.528.

k. In the event any individual requests access to, amendment of, or accounting of PHIdirectly from the Business Associate, the Business Associate shall within two (2)business days forward such request to Covered Entity. Covered Entity shall have theresponsibility of responding to forwarded requests. However, if forwarding theindividual’s request to Covered Entity would cause Covered Entity or the BusinessAssociate to violate HIPAA and the Privacy and Security Rule, the Business Associateshall instead respond to the individual’s request as required by such law and notifyCovered Entity of such response as soon as practicable.

l. Within ten (10) business days of termination of the Agreement, for any reason, theBusiness Associate shall return or destroy, as specified by Covered Entity, all PHIreceived from, or created or received by the Business Associate in connection with theAgreement, and shall not retain any copies or back-up tapes of such PHI. If return ordestruction is not feasible, or the disposition of the PHI has been otherwise agreed to inthe Agreement, Business Associate shall continue to extend the protections of theAgreement, to such PHI and limit further uses and disclosures of such PHI to thosepurposes that make the return or destruction infeasible, for so long as Business

Appendix H


Exhibit I


Page 5 of 6 Date __________

Associate maintains such PHI. If Covered Entity, in its sole discretion, requires that the Business Associate destroy any or all PHI, the Business Associate shall certify to Covered Entity that the PHI has been destroyed.

(4) Obligations of Covered Entity

a. Covered Entity shall notify Business Associate of any changes or limitation(s) in itsNotice of Privacy Practices provided to individuals in accordance with 45 CFR Section164.520, to the extent that such change or limitation may affect Business Associate’suse or disclosure of PHI.

b. Covered Entity shall promptly notify Business Associate of any changes in, or revocationof permission provided to Covered Entity by individuals whose PHI may be used ordisclosed by Business Associate under this Agreement, pursuant to 45 CFR Section164.506 or 45 CFR Section 164.508.

c. Covered entity shall promptly notify Business Associate of any restrictions on the use ordisclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR 164.522,to the extent that such restriction may affect Business Associate’s use or disclosure ofPHI.

(5) Termination for Cause

In addition to Paragraph 10 of the standard terms and conditions (P-37) of this Agreement the Covered Entity may immediately terminate the Agreement upon Covered Entity’s knowledge of a breach by Business Associate of the Business Associate Agreement set forth herein as Exhibit I. The Covered Entity may either immediately terminate the Agreement or provide an opportunity for Business Associate to cure the alleged breach within a timeframe specified by Covered Entity. If Covered Entity determines that neither termination nor cure is feasible, Covered Entity shall report the violation to the Secretary.

(6) Miscellaneous

a. Definitions and Regulatory References. All terms used, but not otherwise defined herein,shall have the same meaning as those terms in the Privacy and Security Rule, amendedfrom time to time. A reference in the Agreement, as amended to include this Exhibit I, toa Section in the Privacy and Security Rule means the Section as in effect or asamended.

b. Amendment. Covered Entity and Business Associate agree to take such action as isnecessary to amend the Agreement, from time to time as is necessary for CoveredEntity to comply with the changes in the requirements of HIPAA, the Privacy andSecurity Rule, and applicable federal and state law.

c. Data Ownership. The Business Associate acknowledges that it has no ownership rightswith respect to the PHI provided by or created on behalf of Covered Entity.

d. Interpretation. The parties agree that any ambiguity in the Agreement shall be resolvedto permit Covered Entity to comply with HIPAA, the Privacy and Security Rule.

Appendix H


Exhibit I


Page 6 of 6 Date __________

e. Segregation. If any term or condition of this Exhibit I or the application thereof to anyperson(s) or circumstance is held invalid, such invalidity shall not affect other terms orconditions which can be given effect without the invalid term or condition; to this end theterms and conditions of this Exhibit I are declared severable.

f. Survival. Provisions in this Exhibit I regarding the use and disclosure of PHI, return ordestruction of PHI, extensions of the protections of the Agreement in section (3) l, thedefense and indemnification provisions of section (3) e and Paragraph 13 of thestandard terms and conditions (P-37), shall survive the termination of the Agreement.

IN WITNESS WHEREOF, the parties hereto have duly executed this Exhibit I.

________________________________ ________________________________ The State Name of the Contractor

________________________________ ________________________________ Signature of Authorized Representative Signature of Authorized Representative

________________________________ ________________________________ Name of Authorized Representative Name of Authorized Representative

________________________________ ________________________________ Title of Authorized Representative Title of Authorized Representative

________________________________ ________________________________ Date Date

Appendix H

New Hampshire Department of Health and Human Services Exhibit J

Exhibit J – Certification Regarding the Federal Funding Contractor Initials __________ Accountability And Transparency Act (FFATA) Compliance


CERTIFICATION REGARDING THE FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) COMPLIANCE

The Federal Funding Accountability and Transparency Act (FFATA) requires prime awardees of individual Federal grants equal to or greater than $25,000 and awarded on or after October 1, 2010, to report on data related to executive compensation and associated first-tier sub-grants of $25,000 or more. If the initial award is below $25,000 but subsequent grant modifications result in a total award equal to or over $25,000, the award is subject to the FFATA reporting requirements, as of the date of the award. In accordance with 2 CFR Part 170 (Reporting Subaward and Executive Compensation Information), the Department of Health and Human Services (DHHS) must report the following information for any subaward or contract award subject to the FFATA reporting requirements: 1. Name of entity2. Amount of award3. Funding agency4. NAICS code for contracts / CFDA program number for grants5. Program source6. Award title descriptive of the purpose of the funding action7. Location of the entity8. Principle place of performance9. Unique identifier of the entity (DUNS #)10. Total compensation and names of the top five executives if:

10.1. More than 80% of annual gross revenues are from the Federal government, and thoserevenues are greater than $25M annually and

10.2. Compensation information is not already available through reporting to the SEC.

Prime grant recipients must submit FFATA required data by the end of the month, plus 30 days, in which the award or award amendment is made. The Contractor identified in Section 1.3 of the General Provisions agrees to comply with the provisions of The Federal Funding Accountability and Transparency Act, Public Law 109-282 and Public Law 110-252, and 2 CFR Part 170 (Reporting Subaward and Executive Compensation Information), and further agrees to have the Contractor’s representative, as identified in Sections 1.11 and 1.12 of the General Provisions execute the following Certification: The below named Contractor agrees to provide needed information as outlined above to the NH Department of Health and Human Services and to comply with all applicable provisions of the Federal Financial Accountability and Transparency Act.

Contractor Name:

__________________ ___________________________________ Date Name:

Title:

Appendix H

New Hampshire Department of Health and Human Services Exhibit J

Exhibit J – Certification Regarding the Federal Funding Contractor Initials __________ Accountability And Transparency Act (FFATA) Compliance


FORM A

As the Contractor identified in Section 1.3 of the General Provisions, I certify that the responses to the below listed questions are true and accurate.

1. The DUNS number for your entity is: __________________

2. In your business or organization’s preceding completed fiscal year, did your business or organizationreceive (1) 80 percent or more of your annual gross revenue in U.S. federal contracts, subcontracts,loans, grants, sub-grants, and/or cooperative agreements; and (2) $25,000,000 or more in annualgross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/orcooperative agreements?

________ NO ________ YES

If the answer to #2 above is NO, stop here

If the answer to #2 above is YES, please answer the following:

3. Does the public have access to information about the compensation of the executives in yourbusiness or organization through periodic reports filed under section 13(a) or 15(d) of the SecuritiesExchange Act of 1934 (15 U.S.C.78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of1986?

________ NO ________ YES

If the answer to #3 above is YES, stop here

If the answer to #3 above is NO, please answer the following:

4. The names and compensation of the five most highly compensated officers in your business ororganization are as follows:

Name: ________________________ Amount: _____________

Name: ________________________ Amount: _____________

Name: ________________________ Amount: _____________

Name: ________________________ Amount: _____________

Name: ________________________ Amount: _____________

Appendix H

APPENDIX I

EXECPTIONS TO TERMS AND CONDITIONS

A Responder shall be presumed to be in agreement with the terms and conditions of the RFP Section 6 -

General Contact Requirements, Appendix H, State of New Hampshire Terms and Conditions - P-37 and

Contract Standard Language unless the Responder takes specific exception to one or more the

conditions on this form.

RESPONDERS ARE CAUTIONED THAT BY TAKING ANY ECEPTION THEY MAY BE MATERIALLY DEVIATING

FROM THE RFP SPECIFICATIONS. IF A RESPOONDER MATERIALLY DEVIATES FROM A RFP

SPECIFICATION, ITS PROPOSAL MAY BE REJECTED.

A material deviation is an exception to a specification which 1) affords the Responder taking the

exception a competitive advantage over other Responders, or 2) gives the State something significantly

different than the State requested.

INSTRUCTIONS: Responders must explicitly list all exceptions to State of NH minimum terms and

conditions. Reference the actual number of the State’s term and condition and Exhibit number for which

an exception(s) is being taken. If no exceptions exist, state “None” specifically on the form below.

Whether or not exceptions are taken, the Responder must sign and date this form and submit it as part

of their Proposal. (Add additional pages if necessary.)

Responder Name:

Term & Condition

Number/Provision

Explanation of Exception

By signing this form, I acknowledge that the above named Responder accepts, without qualification, all

terms and conditions stated in this RFP Section 6 - General Contact Requirements, Appendix H, State of

New Hampshire Terms and Conditions - P-37 and Contract Standard Language except those clearly

outlined as exceptions above.

_________________ ______________________ ________________

Signature Title Date

Exceptions to Terms and Conditions Page 1 of 1

APPENDIX J

7/2014

Addendum to CLAS Section of RFP for Purpose of Documenting Title VI Compliance

All DHHS bidders are required to complete the following two (2) steps as part of their proposal:

(1) Perform an individualized organizational assessment, using the four-factor analysis, to determine the extent of language assistance to provide for programs, services and/or activities; and;

(2) Taking into account the outcome of the four-factor analysis, respond to the questions below.

Background:

Title VI of the Civil Rights Act of 1964 and its implementing regulations provide that no person shall be subjected to discrimination on the basis of race, color, or national origin under any program that receives Federal financial assistance. The courts have held that national origin discrimination includes discrimination on the basis of limited English proficiency. Any organization or individual that receives Federal financial assistance, through either a grant, contract, or subcontract is a covered entity under Title VI. Examples of covered entities include the NH Department of Health and Human Services and its contractors.

Covered entities are required to take reasonable steps to ensure meaningful accessby persons with limited English proficiency (LEP) to their programs and activities. LEP persons are those with a limited ability to speak, read, write or understand English.

The key to ensuring meaningful access by LEP persons is effective communication. An agency or provider can ensure effective communication by developing and implementing a language assistance program that includes policies and procedures for identifying and assessing the language needs of its LEP clients/applicants, and that provides for an array of language assistance options, notice to LEP persons of the right to receive language assistance free of charge, training of staff, periodic monitoring of the program, and translation of certain written materials.

The Office for Civil Rights (OCR) is the federal agency responsible for enforcing Title VI. OCR recognizes that covered entities vary in size, the number of LEP clients needing assistance, and the nature of the services provided. Accordingly, covered entities have some flexibility in how they address the needs of their LEP clients. (In other words, it is understood that one size language assistance program does not fit all covered entities.)

The starting point for covered entities to determine the extent of their obligation to provide LEP services is to apply a four-factor analysis to their organization. It is important to understand that the flexibility afforded in addressing the needs of LEP clients does not diminish the obligation covered entities have to address those needs.

Appendix JPage 1 of 7

Contractor Initials__________

Date__________

APPENDIX J

7/2014

Examples of practices that may violate Title VI include: Limiting participation in a program or activity due to a person’s limited English

proficiency; Providing services to LEP persons that are more limited in scope or are lower in

quality than those provided to other persons (such as then there is no qualified interpretation provided);

Failing to inform LEP persons of the right to receive free interpreter servicesand/or requiring LEP persons to provide their own interpreter;

Subjecting LEP persons to unreasonable delays in the delivery of services.

BIDDER STEP #1 – Individualized Assessment Using Four-Factor Analysis

The four-factor analysis helps an organization determine the right mix of services to provide to their LEP clients. The right mix of services is based upon an individualized assessment, involving the balancing of the following four factors.

(1) The number or proportion of LEP persons served or likely to be encountered in the population that is eligible for the program;

(2) The frequency with which LEP individuals come in contact with the program, activity or service;

(3) The importance or impact of the contact upon the lives of the person(s) served by the program, activity or service;

(4) The resources available to the organization to provide effective language assistance.

This addendum was created to facilitate bidders’ application of the four-factor analysis to the services they provide. At this stage, bidders are not required to submit their four-factor analysis as part of their proposal. However, successful bidders will berequired to submit a detailed description of the language assistance services they will provide to LEP persons to ensure meaningful access to their programs and/or services, within 10 days of the date the contract is approved by Governor and Council. For further guidance, please see the Bidder’s Reference for Completing the Culturally and Linguistically Appropriate Services (CLAS) Section of the RFP, which is available in the Vendor/RFP Section of the DHHS website:

http://www.dhhs.nh.gov/business/index.htm



Date__________

http://www.dhhs.nh.gov/business/index.htm

APPENDIX J

7/2014

Important Items to Consider When Evaluating the Four Factors.

Factor #1 The number or proportion of LEP persons served or encountered in the population that is eligible for the program.Considerations:

The eligible population is specific to the program, activity or service. It includesLEP persons serviced by the program, as well as those directly affected by the program, activity or service.

Organizations are required not only to examine data on LEP persons served bytheir program, but also those in the community who are eligible for the program (but who are not currently served or participating in the program due to existing language barriers).

Relevant data sources may include information collected by program staff, aswell as external data, such as the latest Census Reports.

Recipients are required to apply this analysis to each language in the servicearea. When considering the number or proportion of LEP individuals in a service area, recipients should consider whether the minor children their programs serve have LEP parent(s) or guardian(s) with whom the recipient may need to interact. It is also important to consider language minority populations that are eligible for the programs or services, but are not currently served or participating in the program, due to existing language barriers.

An effective means of determining the number of LEP persons served is torecord the preferred languages of people who have day-to-day contact with the program.

It is important to remember that the focus of the analysis is on the lack ofEnglish proficiency, not the ability to speak more than one language.

Factor #2: The frequency with which LEP individuals come in contact with the program, activity or service.

The more frequently a recipient entity has contact with individuals in a particularlanguage group, the more likely that language assistance in that language isneeded. For example, the steps that are reasonable for a recipient that servesan LEP person on a one-time basis will be very different from those that areexpected from a recipient that serves LEP persons daily.

Even recipients that serve people from a particular language group infrequentlyor on an unpredictable basis should use this four-factor analysis to determinewhat to do if an LEP person seeks services from their program.

The resulting plan may be as simple as being prepared to use a telephoneinterpreter service.

The key is to have a plan in place.



Date__________

APPENDIX J

7/2014

Factor #3 The importance or impact of the contact upon the lives of the person(s) served by the program, activity or service.

The more important a recipient’s activity, program or service, or the greater thepossible consequence of the contact to the LEP persons, the more likelylanguage services are needed.

When considering this factor, the recipient should determine both theimportance, as well as the urgency of the service. For example, if thecommunication is both important and urgent (such as the need to communicateinformation about an emergency medical procedure), it is more likely thatimmediate language services are required. If the information to becommunicated is important but not urgent (such as the need to communicateinformation about elective surgery, where delay will not have any adverseimpact on the patient’s health), it is likely that language services are required,but that such services can be delayed for a reasonable length of time.

Factor #4 The resources available to the organization to provide effective language assistance.

A recipient’s level of resources and the costs of providing language assistanceservices is another factor to consider in the analysis.

Remember, however, that cost is merely one factor in the analysis. Level ofresources and costs do not diminish the requirement to address the need,however they may be considered in determining how the need is addressed;

Resources and cost issues can often be reduced, for example, by sharinglanguage assistance materials and services among recipients. Therefore,recipients should carefully explore the most cost-effective means of deliveringquality language services prior to limiting services due to resource limitations.



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APPENDIX J

7/2014

BIDDER STEP #2 - Required Questions Relating to Language Assistance Measures

Taking into account the four-factor analysis, please answer the following questions in the six areas of the table below. (Do not attempt to answer the questions until you have completed the four-factor analysis.) The Department understands that your responses will depend on the outcome of the four-factor analysis. The requirement to provide language assistance does not vary, but the measures taken to provide the assistance will necessarily differ from organization to organization.

1. IDENTIFICATION OF LEP PERSONS SERVED OR LIKELY TO BEENCOUNTERED IN YOUR PROGRAM

a. Do you make an effort to identify LEP persons servedin your program? (One way to identify LEP persons served in your program is to collect data on ethnicity, race, and/or preferred language.)

b. Do you make an effort to identify LEP persons likely tobe encountered in the population eligible for your program or service? (One way to identify LEP persons likely to be encountered is by examining external data sources, such as Census data)

c. Does you make an effort to use data to identify newand emerging population or community needs?

Yes

Yes

Yes

No

No

No

2. NOTICE OF AVAILABILITY OF LANGUAGE ASSISTANCE

Do you inform all applicants / clients of their right to receive language / communication assistance services at no cost?(Or, do you have procedures in place to notify LEP applicants / clients of their right to receive assistance, if needed?)Example: One way to notify clients about the availability of language assistance is through the use of an “I Speak” card.

Yes No

3. STAFF TRAINING

Do you provide training to personnel at all levels of your organization on federal civil rights laws compliance and the procedures for providing language assistance to LEP persons, if needed?

Yes No

4. PROVISION OF LANGUAGE ASSISTANCE

Do you provide language assistance to LEP persons, free of charge, in a timely manner? (Or, do you have procedures in place to provide language assistance to LEP persons, if needed)

Yes No



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APPENDIX J

7/2014

In general, covered entities are required to provide two types of language assistance: (1) oral interpretation and (2) translation of written materials. Oral interpretation may be carried out by contracted in-person or remote interpreters, and/or bi-lingual staff. (Examples of written materials you may need to translate include vital documents such as consent forms and statements of rights.) 5. ENSURING COMPETENCY OF INTERPRETERS USED IN PROGRAM ANDTHE ACCURACY OF TRANSLATED MATERIALS

a. Do you make effort to assess the language fluency of allinterpreters used in your program to determine their level of competence in their specific field of service? (Note: A way to fulfill this requirement is to use certified interpreters only.)

Yes No

b. As a general rule, does your organization avoid the use offamily members, friends, and other untested individual to provide interpretation services?

Yes No

c. Does your organization have a policy and procedure in placeto handle client requests to use a family member, friend, or other untested individual to provide interpretation services?

Yes No

d. Do you make an effort to verify the accuracy of anytranslated materials used in your program (or use only professionally certified translators)? (Note: Depending on the outcome of the four-factor analysis, N/A (Not applicable) may be an acceptable response to this question.

Yes No N/A

6. MONITORING OF SERVICES PROVIDED

Does you make an effort to periodically evaluate the effectiveness of any language assistance services provided, and make modifications, as needed?

Yes No

If there is a designated staff member who carries out the evaluation function? If so, please provide the person’s title: _______________________________________________________

Yes No

By signing and submitting this attachment to RFP#____________________, the Contractor affirms that it:

1.) Has completed the four-factor analysis as part of the process for creating its proposal, in response to the above referenced RFP.

2.) Understands that Title VI of the Civil Rights Act of 1964 requires the Contractor to take reasonable steps to ensure meaningful access to all LEP persons to all programs, services, and/or activities offered by my organization.



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APPENDIX J

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3.) Understands that, if selected, the Contractor will be required to submit a detailed description of the language assistance services it will provide to LEP persons to ensure meaningful access to programs and/or services, within 10 days of the date the contract is approved by Governor and Council.

Contractor/Vendor Signature Contractor’s Representative Name/Title

______________________________________________________________________ Contractor Name Date



Date__________

ATTACHMENT 1 STATE OF NEW HAMPSHIREDEPARTMENT OF HEALTH AND HUMAN SERVICES

DIVISION OF PUBLIC HEALTH SERVICES, ENVIRONMENTAL PUBLIC HEALTH TRACKING PROGRAMIT ANALYTICS REQUIREMENTS DEVELOPMENT

NH DHHS 2015-078 - APPENDIX C: REQUIREMENTS

NH DHHS RFP 2015-078 1/14/2015 1

Vendor Instructions

Comments Column:For all responses other than "yes" vendors must provide a brief explanation. Free form text can be entered into this column.

Vendor Response Column:Place a “Yes” if you meet the requirement in the row, without qualifications. Answer "Partially" if you meet part of the requirement.Otherwise, enter an "No"

Proposal Submission:Vendors will need to meet 75% of Mandatory Requirements for their proposal to be considered.


DIVISION OF PUBLIC HEALTH SERVICES, ENVIRONMENTAL HEALTH TRACKING PROGRAMIT ANALYTICS REQUIREMENTS DEVELOPMENT

NH DHHS RFP 2015-078 - APPENDIX C: REQUIREMENTS

NH DHHS RFP 2015-078 1/14/2015 2

Req # Requirement Description CriticalityVendor

ResponseComments

B1.1 Understanding of database, network and overall application security MB1.2 Understanding of predictive modeling MB1.3 Understanding of online processing techniques M

B1.4Understanding of the web: HTTP, HTML, Java Script, Asynchronous communication over the web, REST, SOAP, SSL M

B1.5

Understanding role of server based analytical platforms/services/languages, R, SAS, SPSS, Python, various BI platforms, ArcGIS online geoprocessing services, etc. M

B1.6

Understanding of a variety of web based (JavaScript/HTML) data visualizationtools/services and their security implications in a secure reporting environment; D3, SVG, DOJO, ArcGIS Online API, Google Charts API, Google Maps API, HighCharts, FusionCharts, etc. M

B1.7 Understanding of effective application of different database systems/techniques/languages: OLAP, SQL, MDX,NoSQL, Hadoop, XML, etc. M

B2.1 Seven Years as a consultant to businesses performing similar scope of work MB2.2 Ten years developing web based interactive data applications M

B2.3 Ten years working with web based security protocols and architecture M

Required Experience

BUSINESS REQUIREMENTSState Requirements Vendor

Required Technical Skills

ATTACHMENT 1 STATE OF NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES



NH DHHS RFP 2015-078 1/14/2015 3

Req # Requirement Description Level of Experience Criticality Vendor Response Comments

S1.1 n-tier secure web application development10 projects where technology was implemented in the final solution M

S1.2Predictive data analytics (external/internal) facing implementation

3 projects where technology was implemented in the final solution M

S1.3 Online analytic processing10 projects where technology was implemented in the final solution M

S1.4 HTTP, HTML, Java Script25 projects where technology was implemented in the final solution M

S1.5 Proxy/reverse proxy server configurations to address cross-site scripting/same origin policy issues


S1.6implmentation of REST/SOAP/web service frameworks


S1.7 SSL5 projects where technology was implemented in the final solution M

S1.8 HTML/CSS310 projects where technology was implemented in the final solution M

S1.9 HTML5 Canvas tags2 projects where technology was implemented in the final solution M

S1.10 R/R Server2 projects where technology was implemented in the final solution M

S1.11 Python2 projects where technology was implemented in the final solution M

S1.12 IBM Cognos1 project where technology was implemented in the final solution O

S1.13 Business Objects1 project where technology was implemented in the final solution O

S1.14 SAS BI1 project where technology was implemented in the final solution O

S1.15 Pentaho1 project where technology was implemented in the final solution O

Vendor Skill and Experience - Detail Vendor





NH DHHS RFP 2015-078 1/14/2015 4




S1.16 Tableau1 project where technology was implemented in the final solution O

S1.17 D33 projects where technology was implemented in the final solution O

S1.18 DOJO1 project where technology was implemented in the final solution 0

S1.19 ArcGIS Online API1 project where technology was implemented in the final solution 0

S1.20 Google Charts API2 projects where technology was implemented in the final solution 0

S1.21 Google Maps API2 projects where technology was implemented in the final solution 0

S1.22 HighCharts1 project where technology was implemented in the final solution 0

S1.23 FusionCharts1 project where technology was implemented in the final solution 0

S1.24Other Javascript/HTML data visualization tools/services


S1.25 OLAP modelling and reporting (MDX)5 projects where technology was implemented in the final solution M

S1.26 SQL in an online application25 projects where technology was implemented in the final solution O

S1.27 NoSQL3 projects where technology was implemented in the final solution O

S1.28 XML5 projects where technology was implemented in the final solution M

S1.29 XSLT2 projects where technology was implemented in the final solution O

S1.30 Xquery2 projects where technology was implemented in the final solution O

S1.31 Xpath2 projects where technology was implemented in the final solution O




NH DHHS RFP 2015-078 1/14/2015 5




S1.32 PHP5 projects where technology was implemented in the final solution M

S1.33 Amazon web services (EC2)2 projects where technology was implemented in the final solution O

S1.34 Azure services (for government)1 project where technology was implemented in the final solution O

S1.35 Other cloud/hosted services platforms2 projects where technology was implemented in the final solution O




NH DHHS RFP 2015-078 1/14/2015 6


ResponseComments

P1.1Vendor shall participate in an initial kick-off meeting to initiate the Project. M

P1.2

Vendor shall submit a finalized Work Plan within five (5) days after Contract award and approval by Governor and Council. The Work Plan shall include, without limitation, a detailed description of the Schedule, tasks, Deliverables, critical events, task dependencies, and payment Schedule. The plan shall be updated as needed.

M

P1.3

Vendor shall provide daily progress reports summarizing what interviews have been conducted, scheduled, and providing timely information on delays that will impact the project.

M

P1.4Vendor shall provide detailed weekly status reports on the progress of the Project.

M

P1.5All Documentation as well as Project Schedules, plans, status reports, and correspondence must be maintained as project documentation. M

P1.6 Vendor shall participate in one on-site stakeholder meeting M

P1.7Vendor shall conduct a online presentation of preliminary findings to the State, two weeks prior to delivery of the Final Report. M

P1.8 Vendor shall conduct all interviews and research necessary to gather Stakeholder requirements, State IT and Security Requirements, etc.

M

P1.9Vendor shall conduct research to determine best recommendations for the State re: available software solutions. This research will include looking into whether there are better ways to utilize the State's existing solution

M

PROJECT MANAGEMENTState Requirements Vendor

PROJECT MANAGEMENT




NH DHHS RFP 2015-078 1/14/2015 7


ResponseComments

PROJECT MANAGEMENTState Requirements Vendor

PROJECT MANAGEMENT

P1.10

The Vendor shall provide a Final Report containing: 1. Documentation of Business Needs2. Documentation of relevant State IT policies3. Documentation of relevant State security requirements4. Evaluation Rubric for potential solutions (requirements traceability matrix)5. Architecture diagrams for proposed solution6. Provide expectation for Return of Investment7. Acquistion plan for vendor recommended software solutions8. Implementation Plan, including any changes the state would need to maketo accomodate the proposed solution.

M

P1.11Vendor shall provide a list of Business and Technical Requirements in the State's format. M