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State of Maryland
Maryland Health Benefit Exchange
Request for Proposals
State of Maryland
Maryland Health Benefit Exchange
Request for Proposals
Information Technology Indefinite Delivery,
Indefinite Quantity (IDIQ)
Consulting and Technical Support Services
SOLICITATION NO: MDM0031020679
ISSUE DATE: May 12, 2015
Minority Business Enterprises are encouraged to respond to this
solicitation.
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State of Maryland
Maryland Health Benefit Exchange
Request for Proposals
Table of Contents
Contents
Key Information Summary Sheet: Table 1 .................................................................................................... 7
1.1.
Summary Statement. .................................................................................................................... 8
1.2.
Background. .................................................................................................................................. 8
1.3.
Project Manager. .......................................................................................................................... 9
1.4.
Contract Monitor. ......................................................................................................................... 9
1.5.
Procurement Officer. .................................................................................................................... 9
1.6.
Pre-Proposal Conference. ........................................................................................................... 10
1.7.
Questions and Inquiries. ............................................................................................................. 10
1.8.
Oral Presentations. ..................................................................................................................... 11
1.9.
Closing Date. ............................................................................................................................... 11
1.10.
Duration of Proposal Offer...................................................................................................... 11
1.11.
eMaryland Marketplace (eMM).............................................................................................. 11
Section 2.0 Contract Terms and Conditions. .............................................................................................. 13
2.1.
Master Contract Type. ................................................................................................................ 13
2.2.
Master Contract Duration. .......................................................................................................... 13
2.3.
Award. ......................................................................................................................................... 13
2.4.
General Contractual Conditions .................................................................................................. 14
2.4.1.
Contract Affidavit. ............................................................................................................... 14
2.4.2.
Bid/Proposal Affidavit. ........................................................................................................ 14
2.5.
Multi-Year Contract. ................................................................................................................... 14
2.6.
Acceptance of Terms and Conditions. ........................................................................................ 15
2.7.
Revisions to the RFP. ................................................................................................................... 15
2.8.
Cancellations and Discussion; BAFOs.......................................................................................... 16
2.9.
Incurred Expenses. ...................................................................................................................... 16
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State of Maryland
Maryland Health Benefit Exchange
Request for Proposals
2.10.
Economy of Preparation. ........................................................................................................ 16
2.11.
Alternate Proposals. ................................................................................................................ 16
2.12.
Multiple Proposals. ................................................................................................................. 16
2.13.
Concurrent Request for Resumes ........................................................................................... 16
2.14.
State-Supplied Services and Facilities. .................................................................................... 17
2.15.
Working Hours and Locations. ................................................................................................ 17
2.16.
Insurance Requirements. ........................................................................................................ 18
2.16.1.
Property Insurance.............................................................................................................. 18
2.16.2.
Liability Insurance. .............................................................................................................. 18
2.16.3.
Errors and Omissions Insurance.......................................................................................... 19
2.16.4.
Automotive Insurance......................................................................................................... 19
2.17.
Verification of Registration and Tax Payment ........................................................................ 19
2.18.
Public Information Act Notice. ................................................................................................ 19
2.19.
Arrearages. .............................................................................................................................. 20
2.20.
Payment Terms and Invoicing. ................................................................................................ 20
2.21.
Payments by Electronic Funds Transfer. ................................................................................. 21
2.22.
Compliance with Law. ............................................................................................................. 21
2.23.
Protests. .................................................................................................................................. 22
2.24.
Minority Business Enterprise Requirements .......................................................................... 22
2.25.
Conflict of Interest Affidavit and Disclosure. .......................................................................... 22
2.26.
Non-Visual Access. .................................................................................................................. 23
2.27.
Warrantees. ............................................................................................................................ 24
2.27.1.
General Warrantees. ........................................................................................................... 24
2.27.2.
Software Warrantees. ......................................................................................................... 25
2.28.
2.28.1.
Background Checks. ................................................................................................................ 26
In General. ........................................................................................................................... 27
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State of Maryland
Maryland Health Benefit Exchange
Request for Proposals
2.29.
Tax Exemptions ....................................................................................................................... 27
2.30.
Compliance with the Affordable Care Act .............................................................................. 27
Section 3.0 Scope of Work and Requirements. .......................................................................................... 29
3.1.1.
State Standards. .................................................................................................................. 29
3.1.2.
Federal Standards. .............................................................................................................. 29
3.1.3.
Primary Medicaid System Regulations and Policies. .......................................................... 30
3.1.4.
Related Regulations for Medicaid Systems......................................................................... 31
3.1.5.
Certification and Technology Requirements. ..................................................................... 31
3.2.
Requirements for Software Development. ................................................................................. 32
3.3.
Functional Area Descriptions. ..................................................................................................... 32
3.3.1.
Functional Area One – Enterprise Service Provider (ESP). .................................................. 32
3.3.2.
Functional Area Two – Web based Systems. ...................................................................... 34
3.3.3.
Functional Area Three – Electronic Document Management. ........................................... 35
3.3.4.
Functional Area Four – Software Engineering. ................................................................... 35
3.3.5.
Functional Area Five – Help Desk Services.......................................................................... 36
3.3.6.
Functional Area Six – Information System Security. ........................................................... 36
3.3.7.
Functional Area Seven – Application Service Provider. ...................................................... 38
3.3.8.
Functional Area Eight – IT Quality Assurance Consulting Services. .................................... 38
3.3.9.
Functional Area Nine – Management Consulting Services. ................................................ 39
3.3.10.
Functional Area Ten – Documentation / Technical Writing................................................ 40
3.4.
Requests for Resumes................................................................................................................. 41
3.5.
Labor Categories. ........................................................................................................................ 41
Section 4.0 Requirements of Proposal Submission. ................................................................................... 42
4.1.
Two-Volume Proposal Response. ............................................................................................... 42
4.1.1.
Volume 1 – Technical Proposal. .......................................................................................... 43
4.1.2
Volume 2 - Financial Proposal…………………………………………………………………………………….....46
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Maryland Health Benefit Exchange
Request for Proposals
1.1.
Evaluation Committee. ............................................................................................................... 46
1.2.
Qualifying Proposals. .................................................................................................................. 46
1.3.
Evaluation of the Technical Proposals. ....................................................................................... 47
1.3.1.
Discussions. ......................................................................................................................... 47
1.3.2.
Optional Request for Resumes. .......................................................................................... 47
1.3.3.
Criteria for Technical Evaluation and Ranking. ................................................................... 47
1.4.
Evaluation of the Financial Proposals. ........................................................................................ 48
1.5.
Final Evaluation and Recommendation for Award. .................................................................... 48
Section 6.0
Attachments .................................................................................................................... 49
ATTACHMENT A – Contract................................................................................................................. 49
ATTACHMENT B – Bid/Proposal Affidavit ........................................................................................... 49
ATTACHMENT C – Contract Affidavit .................................................................................................. 49
ATTACHMENT D – Labor Categories ............................................................................................... 49
ATTACHMENT E – Pre-Proposal Conference Response Form............................................................. 49
ATTACHMENT F – Financial Proposal Instructions.............................................................................. 49
ATTACHMENT F-1 - Financial Proposal Form………………………………………………………………………….........49
ATTACHMENT G – Federal Funds Requirements and Restrictions ..................................................... 49
ATTACHMENT H – Conflict of Interest Affidavit and Disclosure ......................................................... 50
ATTACHMENT I – Non-Disclosure Agreement .................................................................................... 50
ATTACHMENT J –Non-Exchange Entity Agreement ............................................................................ 50
ATTACHMENT K–Response to Requests for Resumes (Optional)....................................................... 50
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State of Maryland
Maryland Health Benefit Exchange
Request for Proposals
Tables
Table 1 – Key Information Summary Sheet
Table 2 – Requirements for Software Development
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State of Maryland
Maryland Health Benefit Exchange
Request for Proposals
Key Information Summary Sheet: Table 1
Maryland Health Benefit Exchange (MHBE)
Solicitation:
Information Technology IDIQ –
Consulting and Technical Support Services
Method of Procurement:
Competitive Sealed Proposals
Issue Date:
May 12, 2015
Opening Date for Questions:
May 13, 2015
Pre-Proposal Conference:
May 18, 2015
Closing Date for Questions:
May 20, 2015 at 2:00 PM EST
Final Questions/Answers Posted:
May 22, 2015 at 5:00 PM EST
Closing Date and Time:
May 26, 2015 at 12:00 PM EST
Anticipated Contract Award Date:
June 17, 2015
Anticipated Contract Start Date:
July 1, 2015
Minority Business Enterprise Participation
Goal
0%
Procurement Officer:
Aaron Jacobs
750 E. Pratt Street, 16th Floor, Baltimore, MD 21202
Phone: 410.547.1831
Email: [email protected]
Contract Monitor
Subramanian Muniasamy
Email: [email protected]
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State of Maryland
Maryland Health Benefit Exchange
Request for Proposals
Proposal(s) are to be sent to:
Via mail or hand delivery: Maryland Health Benefit Exchange
750 E. Pratt St, 16th floor, Baltimore, MD 21202
Attn: Aaron Jacobs, Procurement Officer
AND
Via email: [email protected]
Section 1.0 General Information and RFP Objectives.
1.1.
Summary Statement.
The Maryland Health Benefit Exchange (MHBE) is issuing this Request for Proposals (RFP) to procure
Information Technology consulting and technical support services. The Master Contract(s) resulting from
this RFP will provide MHBE with the flexibility of obtaining resources quickly and efficiently by issuing
Task Order Requests for Proposals (TORFP) or Requests for Resumes (RFR) specific to its needs. MHBE
anticipates that the performance period for the Master Contract(s) resulting from this RFP may overlap
briefly with the performance period for the six contracts awarded as a result of the Program
Management Office Staff Augmentation Support for the Maryland Health Benefit Exchange RFP,
Solicitation No. MDM0031014933. MHBE currently does not intend to exercise its one-year option to
extend those six contracts; contractors awarded under Solicitation No. MDM0031014933 each may
offer a proposal in response to this RFP. All Offerors whose proposals are found qualified, acceptable
and which are found technically capable of performing the requirements of this RFP shall be awarded a
Master Contract and be eligible to compete for Task Order (TO) awards.
In this RFP, the term “Master Contract” means the standard contract between MHBE and each of the
Offerors determined acceptable and technically capable of performing the requirements of this RFP. The
terms “Contractor(s)” and “Master Contractor(s)” are synonymous and interchangeable, regardless of
whether capitalized or plural, and refer to any and all contractor(s) awarded a Master Contract.
MHBE anticipates that the Task Order Agreements issued pursuant to this RFP shall be in a cumulative
amount not to exceed $9 million over the three-year period of performance.
1.2.
Background.
The scope of this solicitation encompasses 10 primary functional areas. The functional areas are as
follows:
1.
2.
3.
4.
Enterprise Service Provider
Web and Internet Services
Electronic Document Management
Software Engineering
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State of Maryland
Maryland Health Benefit Exchange
Request for Proposals
5.
6.
7.
8.
9.
10.
1.3.
Help Desk Services
Information System Security
Application Service Provider
IT Auditing Consulting Services
Management Consulting Services
Documentation/Technical Writing
Project Manager.
The MHBE-appointed Project Manager is responsible for managing the Task Orders as they are issued.
The Project Manager reviews status reports and invoices, serving as a first point of contact for the
Contractor once the Task Order is awarded. The Project Manager will be assigned on a Task-Order basis,
as each Task Order is issued.
1.4.
Contract Monitor.
The Contract Monitor is the MHBE representative who will manage the Contract(s) resulting from this
RFP, monitor the daily activities of Master Contractor(s) and provide guidance to them. The Contract
Monitor will work with the Project Manager, as necessary, to resolve contractual issues or questions.
The Contract Monitor, among other duties, receives, reviews, and processes each Contractor’s invoices
and monthly reports prior to the Contractor submitting the invoice for payment. The Contract Monitor
supports contractual oversight activities for the duration of the Contract.
The MHBE Contract Monitor is:
Subramanian Muniasamy
Chief Information Officer
Maryland Health Benefit Exchange
750 East Pratt Street – 16th Floor
Baltimore, MD 21202
[email protected]
MHBE may change the Contract Monitor at any time. Written notice will be provided.
1.5.
Procurement Officer.
The Procurement Officer is the official responsible for this RFP, for the determination of Contract scope
issues and the only State representative who can authorize changes to the Contract. The Procurement
Officer has the sole responsibility for the management of the RFP process, for the resolution of Contract
scope issues, and for authorizing any changes to the Contract.
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State of Maryland
Maryland Health Benefit Exchange
Request for Proposals
The sole point of contact in the MHBE for purposes of this RFP prior to the award of any Contract is the
Procurement Officer at the address listed below:
Aaron Jacobs
Maryland Health Benefit Exchange
750 East Pratt Street – 16th Floor
Baltimore, MD 21202
[email protected]]
MHBE may change the Procurement Officer at any time. Written notice will be provided.
1.6.
Pre-Proposal Conference.
MHBE has scheduled a pre-proposal conference on May 18, 2015 at the time and place detailed in
Attachment E to this RFP. Attendance at the pre-proposal conference is not mandatory. However, all
potential Offerors are encouraged to attend in order to facilitate better preparation of their proposals.
Offerors who plan to attend should fill out and return Attachment E by the deadline described in that
attachment.
MHBE is not obligated to hold a pre-proposal conference. If MHBE decides not to hold the conference, it
will provide notice on MHBE’s website and via eMarylandMarketplace, as further described in Section
1.11.
If a pre-proposal conference is held, it will be transcribed. A copy of the transcript of the pre-proposal
conference will be made available to potential Offerors at a nominal charge directly from the
transcription company. The identity of the company and details of how to obtain a transcript copy will
be provided at the conference. Transcripts of the conference will be made available as soon as
practicable.
1.7.
Questions and Inquiries.
The closing date and time for questions is May 20, 2015 at 2:00 PM EST.
Questions may be submitted by e-mail to the Procurement Officer at [email protected].
Questions should be submitted to the Procurement Officer, only. Although MHBE will make every effort
to ensure written answers are clear and accurate, answers shall not be binding on MHBE. Answers will
be posted MHBE’s website and on eMarylandMarketplace, as further described in Section 1.11.
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State of Maryland
Maryland Health Benefit Exchange
Request for Proposals
1.8.
Oral Presentations.
MHBE may or may not require oral presentations of the proposal to the Evaluation Committee. Offerors
are advised that the oral presentation will likely be scheduled on extremely short notice and may be
scheduled on an evening or a weekend day.
If oral presentations are held, they will be transcribed, and all representations made by an Offeror
during an oral presentation must be reduced by the Offeror to writing. The oral presentation and all
such written representations will become part of the Offeror’s Proposal and are binding once a contract
is awarded. The time and location for any oral presentation will be scheduled by the Procurement
Officer.
1.9.
Closing Date.
To be considered by MHBE, all Proposals must be: (a) emailed in pdf. format to
[email protected]; and (b) hand-delivered or mailed to the Maryland Health Benefit
Exchange, 750 E. Pratt St., 16th Floor, Baltimore, MD 21202 in time to be received by 12:00 p.m. EST
Tuesday May 26, 2015.
Please refer to Section 4.0 Requirements of Proposal Submission on the precise format and other
directions regarding submissions.
Failure to follow these instructions and those outlined in Section 4.0 Requirements of Proposal
Submission may result in having the Offeror’s Proposal deemed unacceptable and classified as not
reasonably susceptible of being selected for award.
1.10. Duration of Proposal Offer.
The content of this RFP and the Proposal of the successful Contractor(s) shall be included by reference in
any resulting Master Contract(s). Proposals submitted in response to this RFP are irrevocable for 180
days following the closing date for proposals or best and final offers (BAFOs), if requested. This period
may be extended by written mutual agreement between the Offeror(s) and MHBE.
1.11. eMaryland Marketplace (eMM)
eMM is an electronic commerce system administered by the Maryland Department of General Services.
In addition to using the MHBE web site (http://marylandhbe.com/news-and-updates/procurement/)
and/or other means for transmitting the RFP and associated materials, the solicitation, questions and
the Procurement Officer’s responses, addenda, and other solicitation related information will be
provided via eMM.
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State of Maryland
Maryland Health Benefit Exchange
Request for Proposals
In order to receive a contract award, a vendor must be registered on eMM. Registration is free. Register
at: https://edidmarketplace.com/. Click on “Registration” to begin the process and follow the prompts.
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State of Maryland
Maryland Health Benefit Exchange
Request for Proposals
Section 2.0 Contract Terms and Conditions.
2.1.
Master Contract Type.
The Master Contract shall be an Indefinite Quantity Contract as defined in COMAR 21.06.03.06. Labor
Hour (LH) or Time and Material (TM) TO awards, as described in each respective TORFP/RFR, will be
issued under the Master Contract, as appropriate to the type of services being requested. The rate card
(Attachment F-1) provided by the Master Contractor with its Financial Proposal to this RFP will describe
the maximum rates allowable under any issued Task Order; when providing a response to a TORFP/RFR
(a “Task Order proposal”), a Master Contractor may propose rates lower than those submitted in its
initial Financial Proposal. All rates proposed are fully burdened and inclusive of any travel expenses;
MHBE does not reimburse for any expenses.
2.2.
Master Contract Duration.
Any Contract resulting from this RFP shall be for a period for three (3) years beginning on or about July
1, 2015 and ending on or about June 30, 2018.
2.3.
Award.
MHBE intends to award a Master Contract to all Offerors that MHBE determines to be qualified,
acceptable and technically capable of performing the work under this RFP. Offerors may propose to
participate in one, several or all functional areas.
Specific TORFPs or RFRs will be issued, as needed, throughout the term of the Master Contact. All
eligible Master Contractors will be invited to compete. In addition, concurrently with this RFP, and as
further detailed in Section 2.12, MHBE issues the Requests for Resumes provided in Attachment K. All
Offerors are invited but not required to respond to the Requests for Resumes in Attachment K. Based
on the evaluation of responses to a TORFP/RFR, and as specified in each TORFP/RFR, one or more
Master Contractors will be selected for Task Order (TO) award. A specific TO Agreement will then be
entered into between MHBE and the selected Master Contractor(s), which will bind the Master
Contractor(s) to the contents of its proposal, including its price. A “TO Agreement” shall be a signed
work order agreement between MHBE and the Master Contractor selected for award via a TORFP/RFR.
A TO Agreement will detail specific TORFP performance aspects and shall become part of the Contract
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Maryland Health Benefit Exchange
Request for Proposals
between the selected Master Conractor(s) and the MHBE. All general terms and conditions contained in
the Master Contract shall apply to all TO Agreements, including this RFP’s provision that the Contractor’s
proposed labor rate under a TO may not exceed the price provided in its initial Financial Proposal. A
TORFP, RFR, TO Agreement, or Proposal shall not conflict with or supersede the Master Contract.
This procurement is being conducted in accordance with the Competitive Sealed Proposals
procurement method set forth in MHBE’s Procurement Policies and Procedures § II.B. MHBE reserves
the right to make one or more awards or no awards as a result of this RFP. Further, the award of a
Master Contract does not constitute a representation or promise by MHBE that a Contractor will receive
any work assignments or Task Order awards.
2.4.
General Contractual Conditions
Any Contract resulting from this RFP shall be governed by the laws of the State of Maryland and will
include all the terms and conditions set forth in the Contract (Attachment A), including this RFP and all
other incorporated exhibits.
2.4.1. Contract Affidavit.
Any Offeror awarded a Contract as a result of this RFP shall be required to complete a Contract Affidavit.
A copy of this Contract Affidavit is included for informational purposes as Attachment C of this RFP. This
Affidavit must be provided within five (5) business days of notification of proposed Contract award. For
purposes of completing Section “B” of this Affidavit (Certification of Registration or Qualification with
the State Department of Assessments and Taxation), note that a business entity that is organized
outside of the State of Maryland is considered to be a “foreign” business entity. Please also note that all
business entities doing business in Maryland are required to first register with the State Department of
Assessments and Taxation, as further detailed below.
2.4.2. Bid/Proposal Affidavit.
The Bid/Proposal Affidavit, Attachment B, shall be completed by all Offerors responding to this RFP and
shall be submitted with their Technical Proposals. This Affidavit includes commercial nondiscrimination,
anti-bribery, non-collusion, debarment, financial disclosure and political contribution disclosure
affirmations.
2.5.
Multi-Year Contract.
By submitting a response to this RFP, an Offeror represents that it will be available and able to provide
the services identified in this RFP and its proposal for the entire Contract period.
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Request for Proposals
A. The multi-year Contract shall be cancelled automatically if funds are not appropriated or
otherwise made available to support continuation of performance in any fiscal period
succeeding the first.
B. The Procurement Officer will notify the Contractor on a timely basis if the funds are not
available for the continuation of the Contract for each succeeding fiscal period.
C. The Contractor’s Financial Proposal shall contain fully loaded maximum labor rates for the entire
Contract period. Labor rates shall be summarized by year (i.e. Year 1 budget, Year 2 budget,
etc.). See Section 4.0 Requirements of Proposal Submission for more details.
2.6.
Acceptance of Terms and Conditions.
By submitting a Proposal in response to this RFP, a Contractor shall be deemed to have accepted all the
terms, conditions and requirements set forth in this RFP and all addenda (all sections of the RFP,
attachments, amendments, written questions/answers, and written information provided during the
course of the solicitation) thereto.
Any exceptions to this RFP or the Contract must be clearly identified and submitted with the Technical
Proposal in an Executive Summary only. Further instructions are in Section 4.0 Requirements of
Proposal Submission. While pricing data may not be included in the Technical Proposal, any exceptions
to the terms and conditions of the RFP from a pricing perspective must be included with the Technical
Proposal in the Executive Summary.
If the Contractor includes exceptions to the terms and conditions with its Financial Proposal the
Contractor’s Proposal may be deemed unacceptable or classified as not reasonably susceptible of being
selected for award.
Exceptions to terms and conditions may result in having the Proposal deemed unacceptable or classified
as not reasonably susceptible of being selected for award.
2.7.
Revisions to the RFP.
If it becomes necessary to revise this RFP before the due date for Proposals, amendments will be
provided. Amendments to the RFP will be posted on the MHBE Procurements web page and through
eMaryland Marketplace. Amendments made after the due date for Proposals will be sent only to those
Contractors who submitted a timely proposal.
Contractors shall acknowledge receipt of all amendments to this RFP issued before the response due
date in the Contractor’s Transmittal Letter accompanying the Technical Proposal submission.
Acknowledgement of the receipt of amendments to the RFP issued after the response due date shall be
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Request for Proposals
in the manner specified in the amendment notice. Failure to acknowledge receipt of amendments does
not relieve the Contractor from complying with all terms of any such amendment(s).
2.8.
Cancellations and Discussion; BAFOs.
MHBE reserves the right to cancel this RFP, accept or reject any and all Proposals, in whole or in part,
received in response to this RFP, to waive or permit cure of minor irregularities, and to conduct
discussions with all qualified or potentially qualified Offerors in any manner necessary to serve the best
interests of MHBE. For example, the Procurement Officer may permit qualified Offerors to revise their
Proposals and submit, in writing, one or more best and final offers.
MHBE also reserves the right, in its sole discretion, to award a contract or contracts based upon the
written Proposals received without prior discussions or negotiations.
2.9.
Incurred Expenses.
MHBE will not be responsible for any costs incurred by any Contractor in preparing and submitting a
Proposal in response to this RFP, including making an oral presentation, holding discussions, or making
presentations.
2.10. Economy of Preparation.
Proposals should be prepared simply and economically, providing a straightforward, concise description
of the Offeror’s proposal for meeting the requirements of this RFP. Preparation of Proposals must
adhere to the instructions in Section 4.0. The Technical Proposal shall not exceed 25 pages. For
purposes of this RFP, “Proposal” means the Technical Proposal and the Financial Proposal, described in
Section 4.0 Requirements for Proposal Submission. Offerors who choose to respond to one or more of
the Requests for Resumes in Attachment K may submit an additional pages in response to each RFR
according to the form and any page limits provided with each RFR.
2.11. Alternate Proposals.
An Offeror shall not submit an alternate Proposals in response to this RFP.
2.12. Multiple Proposals.
An Offeror shall not submit more than one Proposal in response to this RFP.
2.13. Concurrent Request for Resumes
Concurrently with this RFP, MHBE issues the Requests for Resumes provided in Attachment K. Offerors
are invited but not required to respond to one or more of the RFRs in Attachment K. All Offerors
responding to the RFRs in Attachment K must follow the instructions provided in each RFR to be
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considered for TO award under each RFR. A failure to follow the RFR instructions could result in an
Offeror being found unacceptable for TO award under the RFR.
2.14. State-Supplied Services and Facilities.
MHBE’s technical services facility is a secure building currently located in Linthicum Heights, Maryland.
Contractor personnel shall be provided with Contractor-issued laptops and peripherals. All Contractor
equipment must meet or exceed MHBE’s standards for virus protection. In addition, security software
and anti-virus protection must adhere to MHBE’s security standards.
For any Contractor staff collocated at the facility in Linthicum Heights, MHBE shall make available the
following:
A. Photo identification badges (the Contractor shall be responsible for the cost incurred in
obtaining State-issued photo identification badges)
B. Office space and/or cubicles.
C. Office furniture (desk and chair).
D. Telephone and fax equipment (local use only).
E. Shared networked printer(s).
F. Security privileges to connect to appropriate applications and system resources.
G. Use of meeting rooms based on availability with whiteboards and supplies for conducting
facilitated sessions.
Parking is available on the surface lot. There is no charge for this parking.
2.15. Working Hours and Locations.
No work shall be performed outside the continental United States. All Contractor personnel must be
located within the continental United States. There are no exceptions to these requirements.
It is expected that the majority of the Contractor’s core management team will be at the MHBE office
currently located in Linthicum Heights, Maryland, however, it is likely the Contractor’s team members
will be asked to attend meetings at state offices generally within 45 miles of the Linthicum Heights
facility. The Contractor will be expected to attend meetings at these offices as well as MHBE’s
headquarters at 750 East Pratt Street, Baltimore, MD.
The Contractor shall be expected to work hours that are consistent with those of MHBE and in
coordination with the services requested and described in this RFP. Key contract personnel are
expected to be on-site five (5) days per week. Contractor personnel will be expected to work nonPage 17 of 50
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standard hours outside MHBE’s standard business hours. This includes nights, weekends, holidays and
other non-standard work hours as required to meet agreed-upon deadlines, deliverable due dates, and
other guidelines set by the MHBE technical leadership team (such as maintenance windows).
2.16. Insurance Requirements.
All insurance required by this section shall be effective when the Contract commences and shall remain
in effect during the term of the Contract and renewal option periods, if exercised.
Certificates of insurance and evidence of the payment of premiums shall be furnished to the
Procurement Officer within ten (10) business days after notice of recommended Contract award.
All insurance companies shall be licensed or authorized to do business within the State and shall be
subject to approval by MHBE.
The Contractor shall maintain such insurance as necessary and/or as required under Worker’s
Compensation Acts, U.S. Longshoremen’s and Harbor Workers’ Compensation Act, and the Federal
Employers Liability Act as well as any other applicable statue.
The State shall be listed as an additional insured on all policies of insurance (Worker’s Compensation
excepted) which shall provide for thirty (30) days written notice of non-renewal or cancellation of
insurance to the Procurement Officer. By requiring such coverage, MHBE shall not be deemed to have
waived any immunity from liability which it may otherwise have.
Any Contractor who seeks to self-insure for any of the coverage required herein shall meet all applicable
local, state and federal laws and regulations regarding self-insurance and shall submit evidence of such
compliance to the Procurement Officer for approval with its Proposal.
2.16.1. Property Insurance.
Insurance for extended coverage on all Contractor owned equipment shall be maintained in the amount
of actual replacement cost thereof. This policy shall include an All Risk Property Floater to insure
personal property including contents, equipment and mobile items against fire, collision, flood, etc.
Neither the State nor MHBE shall be responsible for any equipment not owned by the State.
2.16.2. Liability Insurance.
The Contractor shall maintain Comprehensive General Liability Insurance with limits of at least One
Million Dollars ($1,000,000.00) for any one person, and One Million Dollars ($1,000,000.00) for any one
occurrence for death or personal injury, and One Million Dollars ($1,000,000.00) for any one occurrence
for property damage.
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2.16.3. Errors and Omissions Insurance.
Errors and Omission Insurance with limits of not less than One Million Dollars ($1,000,000.00) shall be in
force and effect one week prior to the Contract start date of sales and automatically extended for one
(1) year after the Contract expires (or renewal option period, if exercised) which shall indemnify the
Contractor, MHBE and the State for any loss which may be incurred due to: Contractor error or
omissions during the period of time that computer systems and applications are expected to be
operational; data loss or data compromise, systems error; or any error or omission caused by the
Contractor, its officers, employees, agents, subcontractors or assigns, regardless of negligence.
2.16.4. Automotive Insurance
If automotive equipment is required in the performance of this Contract, automobile bodily injury
liability insurance with a limit of not less than One Million Dollars ($1,000,000.00) for each person and
Two Million Dollars ($2,000,000.00) for each accident, and property damage liability insurance with a
limit of not less than Two Hundred Thousand Dollars ($200,000.00) for each accident shall be required.
2.17. Verification of Registration and Tax Payment
Before a business entity can do business in the State it must be registered with the State Department of
Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston
Street, Baltimore, Maryland 21201. SDAT’s phone number is 410-767-1340. The SDAT website is
http://sdatcert3.resiusa.org/ucc-charter/ . Potential Offerors may want to consider completing
registration prior to the due date for receipt of Proposals. An Offeror’s failure to complete registration
with SDAT may disqualify an otherwise successful Offeror from final consideration and recommendation
for Contract award.
2.18. Public Information Act Notice.
Offerors should give specific attention to the identification of those portions of their Proposals that they
deem to be confidential, proprietary information or trade secrets and provide justification why such
materials, upon request, should not be disclosed by the State under the Maryland Public Information
Act, General Provisions Article, Title 4, Annotated Code of Maryland. Any confidential and/or proprietary
information in the Technical Proposal and the Financial Proposal should be identified by page and
section number and placed in the Technical Proposal immediately after the Title Page and before any
table of contents. Offerors are advised that, upon request for this information from a third party, the
Procurement Officer is required to make an independent determination as to whether the information
must be divulged to the party. A blanket statement declaring the entire Proposal confidential is not
acceptable.
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2.19. Arrearages.
By submitting a Proposal in response to this RFP, the Offeror represents that it is not in arrears in the
payment of any obligations due and owing MHBE or the State of Maryland, including the payment of
taxes and employee benefits, and that it shall not become in arrears during the term of any Contract
awarded.
2.20. Payment Terms and Invoicing.
The Contractor shall provide a monthly invoice to the MHBE Contract Monitor. The Contractor will
submit the signed invoice electronically. The invoices shall be submitted for the previous month’s
service by the 15th calendar day of the following month, i.e., a copy of June’s bill will be submitted by
the 15th of July.
The monthly invoice shall be emailed to the Contract Monitor and the MHBE Finance Office for review
and approval at [email protected].
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
Name and Address of the Contractor
Contractor’s Account Number
Invoice number and date
Billing period/service period
Purchase Order Number
Contract/Control Number
Description of Services Provided
Total current charges
Total billed to date
Remittance address
Telephone number or contact name, email, and phone number for billing inquiries
Federal Employer Identification Number
Authorized Signature
Accompanying the invoice, the Contractor must submit a monthly status report. Invoices submitted
without the required information will not be processed for payment until the Contractor provides the
required information and will not be deemed submitted until such time as the required information is
provided.
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The Contractor will designate a Billing Point of Contact (BPOC) and a Backup Billing Point of Contact
(BBPOC) for routine billing issues and invoice questions.
Charges for late payment of invoices, other than as prescribed by Title 15, Subtitle 1, of the State
Finance and Procurement Article, Annotated Code of Maryland, are prohibited. The final payment under
the Contract will not be made until after certification is received from the Comptroller of the State that
all taxes have been paid.
MHBE reserves the right to reduce or withhold Contract payment in the event the Contractor does not
provide MHBE with all required deliverables within the time frame specified in the Contract or in the
event the Contractor otherwise materially breaches the terms and conditions of the Contract.
2.21. Payments by Electronic Funds Transfer.
The Contractor agrees to accept payments by electronic funds transfer unless the State Comptroller’s
Office grants an exemption. Payment by electronic funds transfer is mandatory for contracts exceeding
$100,000. The Contractor shall register using the COT/GAD X-10 Contractor Electronic Funds (EFT)
Registration Request Form. Any request for exemption must be submitted to the State Comptroller’s
Office for approval at the address specified on the COT/GAD X-10 form and must include the business
identification information as stated on the form and include the reason for the exemption. The
COT/GAD X-10 form can be downloaded at: http://compnet.comp.State.md.us/gad/pdf/GADX-10.pdf
The Contract to be awarded pursuant to this RFP contains Medicaid Funds (CFDA number 93.778).
Additionally, federal funds through an Establishment Grant under a Cooperative Agreement to Support
Establishment of State-Operated Health Insurance Exchanges (CFDA number 93.525) may be used.
Accordingly, there are programmatic conditions, requirements and certifications that apply to this
Contract, which are contained in Attachment G. Additional conditions that apply to this particular
federally-funded Contract are contained as exhibits to Attachment G (Attachments G-1, G-2 and G-3)
and are hereby incorporated in Attachment G. By executing a Contract, a Contractor indicates
Contractor’s agreement with all conditions set forth in Attachment G (including its attachments).
Further, execution of a Contract awarded pursuant to this RFP indicates Contractor’s agreement with all
conditions that apply to contractors receiving federal funds from the above referenced sources.
2.22. Compliance with Law.
By submitting a Proposal in response to this RFP, the Contractor, if selected for award, agrees that it will
comply with all Federal, State, and local laws and regulations applicable to its activities and obligations
under the Contract, including those set forth in the attached Non-Exchange Entity Agreement
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(Attachment J). Execution of the Non-Exchange Entity Agreement is a requirement of Contract Award.
See Section 6.0 Attachments section, below, for submission instructions.
2.23. Protests.
Any Contractor may protest the proposed award or the award of a Contract under this RFP in
accordance with Section VII of the Maryland Health Benefit Exchange Procurement Policies and
Procedures. A protest based on improprieties in a solicitation that are apparent before proposal
opening or the closing date for receipt of proposals must be submitted to the Executive Director before
proposal opening or the closing date for receipt of proposals. In all other cases, protest must be
submitted to the Executive Director no later than seven days after the basis for the protest is known, or
should have been known, whichever is earlier. MHBE’s Executive Director or designated procurement
officer shall issue a written decision resolving any protest that cannot be resolved by agreement. For
protests associated with contracts valued at less than $75,000, the decision of the Executive Director or
designated procurement officer is final, and review in the Circuit Court of Baltimore City may be sought.
For contracts valued at $75,000 or more, the Contractor may appeal the decision to the MHBE Board of
Trustees, and the Board’s decision is final, and review may be sought in the Circuit Court for Baltimore
City.
2.24. Minority Business Enterprise Requirements
There is no MBE subcontractor participation goal for this procurement.
2.25. Conflict of Interest Affidavit and Disclosure.
Under State Government Article 15-508 of the State ethics laws, a person and their employer who assist
or are involved in the drafting of specifications for a procurement are prohibited from submitting a
proposal for that procurement, from assisting or representing another person, directly or indirectly, who
is submitting a proposal for that procurement, and from participating in the implementation of those
specifications, whether as a prime or subcontractor. Master Contractors will provide IT consulting and
technical services for MHBE and must do so impartially and without any conflicts of interest.
Master Contractors must complete and submit the Conflict of Interest Affidavit included as Attachment
H of this RFP and must, in accordance with its provisions, immediately advise MHBE if an actual or
potential conflict arises after the date of the affidavit. This responsibility to advise MHBE of any actual or
potential conflicts of interest shall include advising MHBE, contemporaneously with the submission of
any response to a TORFP or RFR, of any actual or potential conflict relating to the Master Contractor’s
response to that particular TORFP/RFR. If the Procurement Officer makes a determination before award
of a TO Agreement pursuant to a respective TORFP/RFR that facts or circumstances exist that give rise to
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or could in the future give rise to a conflict of interest as defined in COMAR 21.05.08.08A, the
Procurement Officer may reject a TO Proposal in accordance with COMAR 21.06.02.03B.
In addition, all Offerors are advised that if the Offeror is awarded a Contract as a result of this
solicitation, the successful Offeror’s personnel and any participating subcontractor personnel may be
required to complete a conflict of interest affidavit and disclosure. False Statements.
Contractors are advised that Section 11-205.1 of State Finance and Procurement Article of the
Annotated Code of Maryland provides as follows:
a. In connection with a procurement contract a person may not willfully:
1. Falsify, conceal, or suppress a material fact by any scheme or device;
2. Make a false or fraudulent statement or representation of a material fact; or
3. Use a false writing or document that contains a false or fraudulent statement or entry of
a material fact.
b. A person may not aid or conspire with another person to commit an act under subsection (a) of
this section.
c. A person who violates any provision of this section is guilty of a felony and on conviction is
subject to a fine not exceeding $20,000 or imprisonment not exceeding 5 years or both.
2.26. Non-Visual Access.
The Contractor warrants that any information technology offered under its Proposal and any
subsequent, proposal provided pursuant to a related TORFP/RFR (1) provides equivalent access for
effective use by both visual and non-visual means; (2) will present information including prompts used
for interactive communication, in formats intended for both visual and non-visual use; (3) if intended for
use in a network, can be integrated into networks for obtaining, retrieving and disseminating
information used by individuals who are not blind or visually impaired; and (4) is available, whenever
possible without modification for compatibility with software and hardware for non-visual access. The
Contractor further warrants that the cost, if any, of modifying any proposed information technology for
compatibility with software and hardware used for non-visual access will not increase the cost of the
information technology by more than five percent.
For purposes of this regulation (detailed below), the phrase “equivalent access” means the ability to
receive, use and manipulate information and operate controls necessary to access and use information
technology by non-visual means. Examples of equivalent access include keyboard controls used for input
and synthesized speech, Braille or other audible or tactile means for output.
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The Non-visual Access Clause noted in COMAR 21.05.08.05 and referenced in this solicitation is the basis
for the standards that have been incorporated into the Maryland regulations, which can be found at:
http://doit.maryland.gov/policies/Pages/NVAGuidance.aspx
2.27. Warrantees.
2.27.1. General Warrantees.
During the term of the Contract, the Contractor covenants, represents and warrants to MHBE as follows:
A. The Contractor shall perform all services in accordance with high professional standards in the
industry.
B. The Contractor shall use adequate numbers of qualified individuals with suitable training,
education, experience and skill to perform the services.
C. The Contractor shall use its commercially reasonable efforts to use efficiently any resources or
services necessary to provide the services that are chargeable to the MHBE.
D. The Contractor shall use its commercially reasonable efforts to perform the services in the most
cost-effective manner consistent with the required level of quality and performance.
E. The Contractor shall perform the services in a manner that does not infringe the proprietary
rights of any third party.
F. The Contractor has duly authorized the execution, delivery and performance of the Contract.
G. The Contractor shall maintain all equipment and software for which it has maintenance
responsibilities in good operating condition and will undertake all repairs and preventive
maintenance in accordance with applicable manufacturer’s recommendations.
H. The Contractor shall not insert or activate any disabling code in the systems used to provide the
services without the State’s prior written approval.
I. The Contractor warrants that, in performing the services and delivering any Deliverables called
for by this Contract, Contractor shall not violate any Intellectual Property Rights of any third
party, which warranty shall survive the expiration or termination of this Contract.
J. Any Deliverables produced by or on behalf of the Contractor shall conform in all material
respects to their mutually agreed specifications.
K. Any technical documentation provided by the Contractor for the System pursuant to any Work
Plan or otherwise will describe the technical details of the System, and the procedures for
operating and maintaining the System, in terms reasonably understandable to a suitably trained
and experienced information technology professional.
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L. The Contractor shall use its commercially reasonable efforts to ensure that no viruses, harmful
code or similar items are coded or introduced into the System by or through the fault of any
Contractor Personnel.
M. The Contractor shall follow State procedures for handling potential bio-hazardous mail threats
to be followed by its employees working on the Contract who are working in office space leased
or owned by the State.
2.27.2. Software Warrantees.
For software developed specifically for MHBE, and for integration of all software in the MHBE
environment, the Contractor shall provide a warranty for the duration of the period of performance of
each individual Task Order the Contractor is awarded. The warranty support shall include analysis and
diagnosis of all problems, problem correction, integrated testing of any warranty repair to ensure that it
is complete and appropriate, regression testing to avoid other problems created by the warranty repair,
and continued support should further utilization of the system determine that the problem solution has
not effectively resolved the issue.
The Contractor shall follow the State of Maryland’s system development life cycle methodology for the
correction of all application defects. For all warranty items, the Contractor must correct the source code
so that it performs as designed.
The system problem or issue is deemed under warranty if the problem is:
A. Part of the project scope and the requirement was identified in any project documentations
(Project management deliverables, SDLC deliverables, meeting notes; or
B. Any new or existing codes (programs, subroutines, modules, methods and etc.) that the
Contractor modified; or,
C. The Contractor modification(s) is negatively impacted the existing system functionality, data and
performance.
In addition to the warranty set forth above, a sixty-day warranty period begins for defect correction
when the system fix, change or enhancement is initially installed in production.
Warranty resolution is performed at no additional cost to MHBE. The Contractor shall track all warranty
work and provide reports to MHBE at its request.
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2.28. Background Checks.
1. The Contractor shall perform background checks on its employees and subcontractors that are
currently assigned or will be assigned to perform work under the Contract.
2. The background checks shall be performed by recognized law enforcement agencies or qualified
third parties only, including the Federal Bureau of Investigations (FBI), on an annual basis.
MHBE reserves the right to disqualify any employees or subcontractors of the Contractor whose
background checks suggest conduct, involvement, and/or associations that MHBE, in its
reasonable discretion, determines are inconsistent with the performance and/or security
requirements set forth in this Contract. MHBE reserves the right to request the Contractor to
perform additional background checks on the Contractor’s employees and subcontractors and
audit compliance with background checks. MHBE reserves the right to view or be informed of
the results of background checks.
3. The Contractor shall bear all costs associated with the background checks. Additionally, the
Contractor shall adhere to the following procedures:
1. All background checks shall be completed prior to the Contractor or subcontractor start
date, except that a Contractor employee or subcontractor may be placed in a pending
status provided there are no red flags on the initial screen and the background check is
completed no later than thirty (30) Days of the employees start date. As part of the
background check, the criminal history check shall consist of, at a minimum, a federal
and State check for felony and misdemeanor criminal convictions in all locations where
the assigned employee has resided for the previous five (5) years. Statewide county
searches shall be performed in all states where such search mechanism is available. The
criminal history check shall also include a check of available national and State sex
offender registries.
2. Verify and validate each person’s Social Security number and verify the identity and
work authority of each person under United States immigration laws.
3. The Contractor shall not employ or contract with any individual who has a job relevant
conviction for a felony or misdemeanor, or for whom a warrant is outstanding. The
foregoing shall not apply to a minor traffic or moving violation (excluding hit and run,
driving to endanger, vehicular homicide, or other criminal offense involving gross
negligence, recklessness, intentional or willful misconduct while operating a motor
vehicle), a conviction that has been legally expunged, or a conviction for a misdemeanor
that occurred while the person was under the age of twenty-one years.
4. When conducting a criminal records check for felony and misdemeanor convictions, the
review shall cover, at a minimum, 7 years from the date of conviction, end of parole, or
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release from prison, except in States that have specific statutory limitations. If a
determination is made that the criminal record belongs to the person, and the person
does not dispute the record’s accuracy, at a minimum, the following factors shall be
considered in determining suitability for employment:
a. Relevance of the conviction to the position sought
b. The nature of the work to be performed
c. Time since the conviction
d. Age of the candidate at the time of the offense
e. Seriousness and specific circumstances of the offense
f. The number of offenses
g. Whether the applicant has pending charges
h. Any relevant evidence of rehabilitation or lack thereof
i. Any other relevant information, including information submitted by the
candidate or requested by the organization.
5. The Contractor shall certify to MHBE that a background check has been performed on
each current and new employee and subcontractors under the Contract and that no
negative findings were uncovered. Such certifications shall be renewed annually and
sent via electronic mail to the MHBE at beginning of each Contract year.
6. The Contractor shall, in its Contracts with all permitted subcontractors, ensure that the
above background check requirements and procedures are included and met. It shall be
the responsibility of the Contractor to ensure that each subcontractor provides
complies, and the Contractor must include subcontractors in its certification to MHBE.
4. MHBE must be notified of any negative result within 3 days. MHBE may audit background check
compliance with 2 days’ notice to Contractor.
2.28.1. In General.
MHBE reserves the right remove any person associated with the Contract issued pursuant to this RFP,
including any related Task Order, at any time for any reason.
2.29. Tax Exemptions
The State is generally exempt from Federal excise taxes, Maryland sales and use taxes, District of
Columbia sales taxes and transportation taxes. Exemption certificates shall be completed upon request.
2.30. Compliance with the Affordable Care Act
Contractor acknowledges its duty to become familiar with and comply with all federal and State privacy,
confidentiality and security requirements where applicable, including, but not limited to, those set forth
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in the Patient Protection and Affordable Care Act of 2010, Pub. L. 111-148, as amended, together with
all regulations promulgated pursuant thereto (the ACA); and 26 U.S.C. § 6103(l) (21), governing access to
Federal Tax Information (FTI).
A fully executed Non-Exchange Entity Agreement must be submitted within five (5) business days after
notification of award or award of contract, whichever is earlier. Should the Non-Exchange Entity
Agreement not be submitted upon expiration of the five-day period as required by this solicitation, the
Procurement Officer may withdraw the recommendation for an award.
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Section 3.0 Scope of Work and Requirements.
Please Note:
For all requirements defined in Section 3.0 Scope of Work and Requirements, the Contractor shall
respond according to the instructions defined in Section 4.0, Requirements of Proposal Submission.
Failure to follow the instructions defined in Section 4.0 may result in having the Proposal deemed
unacceptable or classified as not reasonably susceptible of being selected for award.
.
3.1.1. State Standards.
The Contractor shall comply with all applicable State laws, regulations, policies, standards, and
guidelines affecting information technology and technology projects, which may be created or changed
periodically.
The Contractor shall adhere to and remain abreast of current, new, and revised laws, regulations,
policies, standards and guidelines affecting security and technology project execution.
The foregoing may include, but are not limited to, the following policies, guidelines and methodologies
which can be found at the DoIT site (http://doit.maryland.gov/policies/Pages/ContractPolicies.aspx):
•
•
The State of Maryland System Development Life Cycle (SDLC) methodology
The State of Maryland Information Technology Non-Visual Access Standards
3.1.2. Federal Standards.
The Contractor shall comply with all applicable federal laws, regulations, policies and guidance including,
but not limited to, the following:
The Affordable Care Act and any related regulations and guidance:
http://www.gpo.gov/fdsys/pkg/BILLS-111hr3590enr/pdf/BILLS-111hr3590enr.pdf
Title XIX of the Social Security Act (the Medicaid statute), including any related regulations and
guidance. Some information may be found at: http://www.cms.gov/home/medicaid.asp
Title XXI of the Social Security Act (the CHIP statute), including any related regulations and guidance.
Some information may be found at: https://www.cms.gov/CHIPRA/
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CFR Part 433, Medicaid Program: Federal Funding for Medicaid Eligibility Determination and Enrollment
Activities; Final Rule: http://healthit.hhs.gov/portal/server.pt?open=512&mode=2&objID=3161
The Office of the National Health Coordinator for Health Information Technology, Guidance for MD HBX
and Medicaid Information Technology (IT) Systems, Version 1.0:
http://cciio.cms.gov/resources/files/joint_cms_ociio_guidance.pdf
The Office of the National Health Coordinator for Health Information Technology, Guidance for MD HBX
and Medicaid Information Technology (IT) Systems, Version 2.0:
http://cciio.cms.gov/resources/files/exchange_medicaid_it_guidance_05312011.pdf
Medicaid Information Technology Architecture (MITA):
http://www.cms.gov/MedicaidInfoTechArch/04_MITAFramework.asp#TopOfPage
Section 504 of the Rehabilitation Act and any related regulations and guidance:
http://www.asec.net/Archives/Manuals/Section%20504%20Manual2010.pdf
U.S. Chief Information Officer (US CIO) 25 Point Implementation Plan to Reform Federal Technology
Management. The current version may be found at: http://www.cio.gov/documents/25-PointImplementation-Plan-to-Reform-Federal%20IT.pdf
Federal Cloud Computing Strategy. The current version may be found at:
http://www.cio.gov/documents/Federal-Cloud-Computing-Strategy.pdf
ONC Guidance Electronic Eligibility and Enrollment:
http://healthit.hhs.gov/portal/server.pt?open=512&mode=2&objID=3161
3.1.3. Primary Medicaid System Regulations and Policies.
Per CMS guidance, the Contractor shall comply with all regulations, policies, or requirements relating to
Medicaid Systems, by the following regulations as identified by CMS, including but not limited to:
1. 42 CFR – Part 433 - Subpart C - Mechanized Claims Processing and Information Retrieval Systems
2. 42 CFR – Part 95, Subpart F - Automatic Data Processing Equipment and Services - Conditions for
Federal Financial Participation (FFP) (Note: As Revised on October 28, 2010)
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3.
4.
5.
6.
1. 45 CFR 95.617 – States must include a clause in all procurement instruments that provides
the State will have all ownership rights in software or modifications and associated
documentation developed with federal funding (at any level).
45 CFR - Part 92 Administration of Grants 92.36(a) Applies to State grantees. 92.36(b-i) applies
to all other grantees and sub-grantees
42 CFR 434 Subpart B – Contracts with Fiscal Agents and Private Non-medical institutions.
SMM Part 11
a. (See 11205, 11210, 11215, 11227, 11237, 11238, 11240, 11241, 11242, 11250, 11255,
11260, 11265, and 11267 and other subsections for specific ADP requirements to be
included on contracts.)
SMM Part 2
a. (See sections 2080 thru 2083 for the specific contract requirements and Proposed Contract
Checklist)
3.1.4.
1.
2.
3.
4.
5.
6.
7.
8.
Related Regulations for Medicaid Systems.
42 CFR 431.15 – Methods of Administration
42 CFR 431, Subpart F – Safeguarding Information on Applicants and Recipients
42 CFR 431.16-17 – Reports and Maintenance of Records
42 CFR 432 – State Personnel Administration
42 CFR 433.34 – Cost Allocation
42 CFR 433, Subpart A – Federal Matching and General Admin Provisions
42 CFR 433, Subpart D – Third Party Liability
42 CFR 447 – Payments for Services (including timely claims payment requirements at 447.45
and 447.46
9. 42 CFR 455 – Medicaid Program Integrity
10. 42 CFR 456 – Utilization Control
3.1.5.
1.
2.
3.
Certification and Technology Requirements.
Medicaid Enterprise Certification Toolkit https://www.cms.gov/mmis/09_MECT.asp
Medicaid Information Technology Architecture (MITA) Framework - Version 2.0
https://www.cms.gov/medicaidinfotecharch/04_mitaframework.asp
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3.2.
Requirements for Software Development.
Reference
Requirement
3.4.A
Source code for software developed or modified by the Contractor specifically for the
State shall become property of the State.
3.4.B
Additionally, all system and business processes shall become the property of the State. As
such, design processes and/or commodities, such as written material or other guidelines,
may be published and available for reference on the Federal CALT (Collaborative
Application Lifecycle Tool) or other Federal websites (CMS has deployed the CALT
platform on CMS’s secured cloud computing environment and is making it available for
use by all 50 states, the District of Columbia, US territories, and federal partners).
Table 2 – Requirements for Software Development
3.3.
Functional Area Descriptions.
Secondary competition documents, such as a TORFP or RFR, will be issued to those Master Contractors
who have proposed providing services in the relevant functional area. Scope of a TORFP/RFR may cross
over into more than one functional area. However, MHBE will make a determination of the most
appropriate functional area prior to release of the TORFP/RFR. In general, a TORFP will be issued when
MHBE determines a project is warranted, such as conducting research on a specific area of the agency’s
business or system. An RFR may be issued to address the need for temporary staff for a specific area of
the agency. On a case-by-case basis, MHBE will determine which solicitation product is the most
appropriate for its needs.
3.3.1. Functional Area One – Enterprise Service Provider (ESP).
3.3.1.1.
Description – Services to ensure that information systems are designed to capitalize on
agency architectures and State IT standards, provide interoperability with other systems and
networks, be reliable and maintainable, and make the most cost-effective use of COTS
products, Information Technology and government-wide resources.
3.3.1.2.
Examples of Potential Services:
A) Deliver stated levels of performance, interoperability, and maintenance support within
the known constraints of an agency’s IT infrastructure;
B) Support with monitoring and alerting of system and performance across networks;
and/or
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C) Testing the appropriate configurations of two or more hardware or software
components of information systems or telecommunications networks.
3.3.1.3.
3.3.1.3.1.
3.3.1.3.2.
3.3.1.4.
3.3.1.4.1.
IT Enterprise Architecture Development.
Description – Define, design, develop, implement and maintain enterprise
architecture plans, strategies, inventories and recommendations to support
enterprise architecture (EA) at the agency level.
Examples of Potential Services:
A) Document and assess the current condition of the State/agency’s EA(s). This analysis
may require documentation at the system or subsystem level;
B) Recommend an EA strategy for the State/agency with potential interim steps or
phases for implementation based on the current condition survey mentioned above;
C) Provide recommendations for the development, implementation, assessment and
maintenance of architectural principles, policies, standards and practices;
D) Provide data architecture, applications architecture, technology architecture,
enterprise architecture planning, information systems architecture, and architecture
trade-off analysis;
E) Conduct analyses and provide architecture impact assessments of proposed
changes in information resources as directed;
F) EA tool set development, implementation and management;
G) Provide expertise to identify opportunities for integration and economies of scale
across systems and/or organizations through the development or creation of
enterprise architecture; and/or
H) Provide consultation on architecture improvement and recommendations on
coordinating IT investments and initiatives across the various State agency’s
business processes.
Systems Review for Architectural Consistency.
Description - Engineering assistance to integrate systems based on architectural
standards and common infrastructures. In particular, recommendations for systems
development, acquisition, and operations and to leverage common infrastructures
effectively among various agency missions and services. Such application reviews
may cover a variety of IT system environments from simple personal computer
(microprocessor) and workstation applications; to local area networks (LAN) and
wide area networks (WAN), to distributed processing systems; to web-based
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3.3.1.4.2.
interactive systems; to large and very complex mainframe database and file
management systems that utilize remote batch processing and interactive
teleprocessing.
Examples of Potential Services:
A) Evaluate system design of applications to ensure consistency between systems and
enterprise architectures and best integration with common infrastructure before
development
B) Evaluate and determine the adequacy and appropriateness of the proposed systems
architecture and applications for the planned systems; and/or
C) Assess risks related to systems development plans and change proposals to existing
and target architecture at the systems and enterprise levels.
3.3.2. Functional Area Two – Web based Systems.
3.3.2.1.
Description – A broad range of business solutions and support using the capabilities of the
web and Internet; design, develop, test, implement and maintain web sites, portals, web
applications and web services and the associated hardware, software, network and security
components that comprise these solutions.
3.3.2.2.
Examples of Potential Services:
A) Design, develop, test, implement and maintain secure and accessible web and internet
solutions such as web site portals, web applications and web services for various
business processes including requisitions, quotes, purchase orders, notices of award,
electronic payments, etc.;
B) Provide scalable security solutions for web and internet services at the network and
application level such as secure sockets layer certificates, user authentication and single
sign on (SSO), application firewalls, intrusion detection system (IDS) monitoring, public
key infrastructure (PKI) and digital signatures;
C) Design, develop, implement and maintain web graphics and site content, including
electronic catalogues of goods and services, to ensure accuracy and timeliness of
information published to the web;
D) Create web-based applications interfacing with traditional mainframe system;
E) Apply new and emerging technologies to develop scalable web applications;
F) Assist in the implementation and customization of web services, COTS solutions
including, but not limited to eCommerce/Electronic Data Interchange (EC/EDI);
G) Provide data transformation solutions between disparate systems;
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H) Monitor performance of web-based solutions including, but not limited to, traffic, usage
statistics and surveys;
I) Provide configuration management control services and solutions
3.3.3. Functional Area Three – Electronic Document Management.
3.3.3.1.
Description – Provide services to establish and/or maintain electronic document imaging,
document management, document workflow, and associated technologies.
3.3.3.2.
Examples of Potential Services:
A) Workflow analysis;
B) Document indexing/queuing and workload management;
C) System/application/network design;
D) Application prototyping;
E) Implementation and support services;
F) System interface development;
G) System migration strategies;
H) Document conversion (hardcopy to electronic or electronic to new system/media or
OCR to database);
I) Performance monitoring/measurement;
J) System stress testing/benchmarking; and/or
K) Document and records retention/archiving.
3.3.4. Functional Area Four – Software Engineering.
3.3.4.1.
Description – Service to provide full life cycle of a software system development. Process
definition; requirements management (project planning, quality assurance, project tracking
and oversight, organizational process focus); software metrics; software process
assessments; software capability evaluations; software project management; software
certification; software validation and verification; open systems; software architecture;
software reengineering; software reuse; component based software; software security;
supervising software configuration management; and CASE tools.
3.3.4.2.
Examples of Potential Services:
A) Provide ongoing system, applications maintenance and troubleshooting;
B) Analyze and document complex system requirements;
C) Design software tools and subsystems to support software reuse and domain analyses
and manage their implementation;
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D) Interpret software requirements, design specifications to code, manage software
development and support (using formal specifications, data flow diagrams, and other
accepted design techniques and tools), integrate and test software components;
E) Estimate software development costs and schedules;
F) Support software licensing and renewal processes;
G) Review existing programs and assist in making refinements, performance
improvements, and improving current techniques; and/or
H) Estimate and track software quality attributes.
3.3.5. Functional Area Five – Help Desk Services.
3.3.5.1.
Description – Service to provide centralized assistance to support end-user problem
resolution and the distribution of general information / answering questions regarding the
effective use of system under MHBE’s management and control.
3.3.5.2.
Examples of Potential Services:
A) Troubleshoot problems encountered using MHBE software;
B) Answer questions and provide guidance as applicable;
C) Analyze and assess equipment and performance degradation, including determination
of hardware, software, and/or other technical changes necessary;
D) Provide assistance in maintaining inventory control and location records of Stateowned IT equipment/software and disposal of property as required;
E) Collect statistics on hardware/software/system problems, security incidents,
maintenance service calls, and user base;
F) Analyze new applications, perform software maintenance, and make appropriate
enhancements to existing systems;
G) Assist customer personnel in identifying their requirements and/or problems;
H) Review implementation plans for applications to ensure that the system resources are
available to support applications in both the long and short term;
I) Perform configuration management of software and hardware maintenance, including
desktops, laptops and network equipment across the enterprise; and/or
3.3.6. Functional Area Six – Information System Security.
Functional Area Seven – Information System Security – addresses the security of information and
computing resources at all organizational levels, including software/application and data security
support, as well as disaster recovery planning and risk assessment.
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3.3.6.1.
3.3.6.1.1.
3.3.6.1.2.
3.3.6.2.
3.3.6.2.1.
3.3.6.2.2.
Hardware/Software/Application Security Support.
Description –Strategies and solutions to defend hardware software and
telecommunications resources against adversaries such as viruses, worms and hackers
for operating systems and applications in a mainframe, client/server, or networked
environment.
Examples of Potential Services:
A) Analyze system accesses and roles;
B) Provide operational and analytical support related to security for computing
platforms (i.e. PC, servers, mainframe) and networks;
C) Analyze and evaluate new and emerging security technologies as well as vendor
security products for their applicability and feasibility of use in securing
hardware/software IT and telecommunications resources;
D) Support customer security operations, including assisting customers with analyzing,
developing and implementing security methodologies and safeguards to protect
their IT and telecommunications assets;
E) Provide technical training for all aspects of information security relative to personal
computers, file servers, and networks;
F) Design, test, install and support network security systems; and/or
G) Provide virus detection, elimination, and prevention support.
Disaster Recovery and Risk Assessment.
Description - Disaster recovery planning and risk assessment in support of the mitigation
of risks to IT and telecommunications systems and infrastructure. Through quantitative
risk analyses establish recovery time and recovery point objectives, effective mitigation
strategies, and documented disaster recovery plans. Assess adequacy of existing
management, operational, and technical controls in safeguarding assets against waste,
loss, unauthorized access/use, misappropriation to establish the consequences/impact
of the potential threats on operations and service delivery requirements.
Examples of Potential Services:
A) Review, develop, update and/or integrate disaster recovery, continuity of
operations plans, contingency plans, and risk assessments; and
B) Identify, develop and/or implement mitigation strategies to increase the
effectiveness of operations and the continuity of service
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3.3.7. Functional Area Seven – Application Service Provider.
3.3.7.1.
Description - Provide services related to software, hardware and networking technologies to
offer applications hosting services.
3.3.7.2.
Examples of Potential Services – Application and support of applications such as, but not
limited to:
A) Finance;
B) Human resources;
C) E-commerce;
D) Procurement;
E) Materials management;
F) Production;
G) Order management and other legacy systems;
H) Collaboration and automation tools;
I) Web-hosting;
J) Knowledge management;
K) Back-office solutions;
L) e-business and e-commerce applications;
M) Data warehousing; and/or
N) Information services (e.g., financial information, and legal research).
3.3.8. Functional Area Eight – IT Quality Assurance Consulting Services.
At a minimum includes the following services and is not limited to auditing and quality assurance,
research and analysis, software testing and system validation.
3.3.8.1.
3.3.8.1.1.
3.3.8.1.2.
Information Systems Auditing and Quality Assurance.
Description – Quality assurance audits of IT systems to ensure that systems perform
to documented specifications in areas such as: data security, customer privacy, data
accuracy, business processes, and customer satisfaction. In support of these efforts,
auditing expertise to either perform or validate internal quality assurance audits for
large- and medium-scale information technology projects in various environments
(i.e., mainframe, mini computers, client/server, WAN/LAN).
Examples of Potential Services:
A) Perform or validate quality assurance audits (including Independent Validation and
Verification [IV&V]) of IT systems during the development process and report to a
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State agency on findings and recommend mechanisms to correct the issues
identified in the audits; and/or
B) Develop an action plan that corrects audit findings and report to a State agency on
the results of these corrective actions.
C) Manage action plans to achieve desired outcomes.
3.3.8.2.
3.3.8.2.1.
3.3.8.2.2.
Software Validation and Testing Services.
Description – Performing software validation and testing; writing test cases, business
cases, and use cases; mapping requirements to test scenarios, validating new
functionality, performing regression testing, integration testing, interface testing,
and testing of downstream functions.
Examples of Potential Services:
A) Perform User Acceptance Testing for standard maintenance releases.
B) Perform User Acceptance Testing for large-scale enhancements.
C) Develop testing documentation.
D) Track and communicate system anomalies.
E) Work with vendors to resolve issues.
F) Work with the business stakeholders to understand needs and assure their business
needs are translated into system solutions.
G) Test scripts automation.
H) Manage testing plans to achieve desired outcomes.
3.3.9. Functional Area Nine – Management Consulting Services.
The Management Consulting Services functional area includes any of the following types of services:
Project Management activities, management support, strategic planning, assessments, providing
general management of technical tasks or technology projects, and program support / advisory
activities.
3.3.9.1.1.
3.3.9.1.2.
Description - Assist in developing long-term business plans, and program
effectiveness measures related to MHBE investments. Assistance with agency-level
strategic planning to ensure consistency with short-and-longer range planning and
strategic initiatives.
Examples of Potential Services:
A) Analyze customer and citizen demand for technology services;
B) Evaluate current and emerging technologies and assist agencies in strategic planning
to implement the business services using these technologies;
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C) Develop overall strategic plans that align agency business and technology plans with
Federal and/or state strategic initiatives; and/or
D) Perform strengths, weaknesses, opportunities, and threats (SWOT) analyses, critical
success factor analyses, strategic business planning, strategic information systems
planning, electronic government assessments, and other techniques used to
establish strategic and long-range plans.
3.3.9.2.
3.3.9.2.1.
3.3.9.2.2.
Project / Program Management Services.
Description – Provide IT project management services to ensure that project goals
and objectives are met and delivered on time, on budget and within scope, as well as
meet the business objectives originally intended.
Examples of Potential Services:
A) Program Management / Project Management services across agency business and
technical areas;
B) Project Scheduling services to develop, manage, and maintain an agency-wide
integrated program plan;
C) Project oversight to ensure strategic alignment of IT projects by establishing project
goals and objectives that are consistent with stated agency business drivers;
D) Provide project / program / portfolio management services for project planning,
task prioritization, budget/cost analysis, scheduling, projections of staffing
requirements, and performance measurements; and/or
E) Assist with project management of IT projects by:
a. Assessing and modifying Project Management Plans (PMP), approaches, and
detailed work breakdown structures;
b. Delegating tasks and managing resources;
c. Receiving, gathering, analyzing and disseminating information;
d. Setting goals and objectives;
e. Organizing project team and governance structures; and/or
f. Understanding technology projects and preparing action and contingency
plans.
3.3.10. Functional Area Ten – Documentation / Technical Writing.
3.3.10.1. Description – Develop and / or maintain documentation as assigned, in support of all areas
of MHBE (business, technical, executive).
3.3.10.2. Examples of Potential Services:
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A) Technical documentation such as: system documentation; system user manuals,
backup, recovery and restart procedures; computer operations, and program
maintenance manuals;
B) System Training or Agency Training materials;
C) Testing documentation;
D) Quality assurance plans and/or documentation;
E) Procurement documentation such as guidelines for writing Task Orders; and/or
F) Standard Operating Procedures (SOPs) and processes for Agency preparation of reports,
presentations, meeting addenda, and / or policies and procedures.
3.4.
Requests for Resumes.
Offerors may choose to respond, concurrently with this RFP, to one or more of the RFRs provided in
Attachment K. Offerors are not required to respond to the RFRs in Attachment K. Offerors who choose
to respond to the RFRs in Attachment K must follow the instructions, including the format, required in
the particular RFR. Each RFR identifies the evaluation criteria that MHBE will use to evaluate responses
to the RFR. The positions sought via RFRs in Attachment K are:
3.4.1.
3.4.2.
3.4.3.
3.4.4.
3.4.5.
3.4.6.
3.4.7.
3.4.8.
3.4.9.
3.4.10.
Testing Specialist (up to 7 submissions per vendor)
Testing Specialist Lead (up to 2 submissions per vendor)
Architect, Systems (Senior) (up to 2 submissions per vendor)
Analyst, Systems (Senior) – Reporting (up to 2 submissions per vendor)
Analyst, Systems (Senior) – 8001 (up to 2 submissions per vendor)
Analyst, Systems (Senior) – EDI (up to 2 submissions per vendor)
Analyst, Systems (Senior) – Production Support (up to 2 submissions per vendor)
Project Manager – Call Center SME (up to 2 submissions per vendor)
Network Manager – Infrastructure (up to 2 submissions per vendor)
Auditor, IT (Senior) - (up to 2 submissions per vendor)
3.5.
Labor Categories.
Attachment D contains the MHBE labor categories.
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Section 4.0 Requirements of Proposal Submission.
4.1.
Two-Volume Proposal Response.
A) Each Offeror’s Proposal shall comprise two volumes: (i) Volume I – The Technical Proposal and
(ii) Volume II – The Financial Proposal. Each Offeror shall submit only one Technical Proposal and
one Financial Proposal, even if proposing multiple functional areas.
B) Both volumes shall be clearly marked using the following naming convention:
i.
Contractor Name_MHBE IDIQ_Technical Proposal
ii.
Contractor Name_MHBE IDIQ_Financial Proposal
C) Required delivery methods. Both volumes shall be delivered via (i) email to
[email protected] and (ii) mail or hand delivery to the Maryland Health Benefit
Exchange, 750 E. Pratt St., 16th Floor, Baltimore, MD 21202, Attn: Aaron Jacobs, Procurement
Officer, in time to arrive by May 26, 2015 at 12:00 PM EST in order to be considered.
D) Rules for Electronic Submissions: Electronic versions of the Technical Proposal shall be provided
in MS Word format. An electronic versions of the Financial Proposal shall be provided in MS
Excel format and another version shall be provided, signed, in pdf. format.
E) Rules for Hard Copy Submissions. In addition to the emailed submission, Offerors shall provide
five (5) hard copies of their Technical Proposal in a sealed package, comprising (i) one unbound
original, so marked, containing a signed Transmittal Letter, and (ii) four additional copies.
Offerors shall also simultaneously provide, in a separate sealed package, one hard copy of their
signed Financial Proposal. . The outsides of the both packages shall each be marked with the RFP
title and number, name and address of the Offeror, the Volume number (I or II) and closing date
and time for receipt of the proposals.
F) PIA Copy (CD). Offerors shall include, in the respective packages containing hard copies of the
Technical Proposal and Financial Proposal, a CD containing an MS Word version of each that has
been redacted to remove any information the Offeror considers confidential under the
Maryland Public Information Act. The volumes on the CD shall be marked using the following
naming convention: (i) Contractor Name_MHBE IDIQ_ Technical Proposal (PIA Copy); (ii)
Contractor Name_MHBE_IDIQ_Financial Proposal.
G) Page Numbering Requirement. All pages of both proposal volumes shall be consecutively
numbered from beginning (Page “1 of x”) to end (Page “X of x”).
.
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H) Time for Mailing. Offerors who choose to mail their hard copy submissions are to allow
sufficient mail delivery time to ensure timely receipt by the Procurement Officer by 12:00 PM
EST, May 26, 2015, in order to be considered.
I) RFR Optional Response Submissions. Please note that submission requirements for the RFR
optional responses are contained in each individual RFR. MHBE requires RFR responses via email
only. RFR responses should not be included in an Offeror’s Technical Proposal or Financial
Proposal for this RFP.
Oral or facsimile Proposals will not be accepted.
Proposals or unsolicited amendments to Proposals arriving after the closing time and date will not be
considered.
Failure to follow these instructions and those outlined in all of Section 4.0 Requirements of Proposal
Submission may result in having the Contractor’s Proposal deemed unacceptable or classified as not
reasonably susceptible of being selected for award.
4.1.1. Volume 1 – Technical Proposal.
The Technical Proposal shall be prepared in a clear and precise manner. It shall address all appropriate
points of this RFP, except the price information. All pages shall be consecutively numbered.
The general outline of the Technical Proposal response will be as follows:
● Transmittal Letter – Technical Proposal
● Table of Contents (Table of Tables and Table of Figures, as applicable)
● Executive Summary
● Offeror General Information
● Proof of Financial Stability
● Past Performance, Including Contracts with the State
● Proof of Insurance
● Optional RFR Responses
● Required Forms
Failure to follow these instructions may result in having the Technical Proposal being deemed
unacceptable or classified as not reasonably susceptible of being selected for award.
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4.1.1.1.
Transmittal Letter – Technical Proposal.
A Transmittal Letter shall accompany the Technical Proposal. The Transmittal Letter shall be prepared
on the Contractor’s business stationery. This is not included in the 25-page limit for the Technical
Proposal.
The purpose of this letter is to transmit the Technical Proposal and acknowledge receipt of any
amendments to the RFP; therefore, it should be brief. The letter shall be signed by an individual who is
authorized to bind the firm to all statements, including services and prices, contained in the proposal.
The letter shall also acknowledge any addenda to the RFP that were received.
Information, which is claimed to be confidential, shall be included as an attachment to the letter. The
information must be easily separable and the reason for each claim shall be included.
4.1.1.2.
Table of Contents (Table of Tables and Table of Figures, as applicable).
The Offerors shall include a Table of Contents in their submission.
4.1.1.3.
Executive Summary.
The Executive Summary shall be equal to or less than two (2) pages of the total Technical Proposal page
limit (25 pages). The Offeror shall condense and highlight the contents of the Technical Proposal in a
separate section titled “Executive Summary”. The Summary shall provide a broad overview of the
contents of the entire proposal. The summary shall also identify any exceptions the Offeror has taken to
the requirements of this RFP, the Contract (Attachment A), or any other attachments. If an Offeror fails
to state any exceptions, it will be deemed to have none. Exceptions to terms and conditions may result
in having the proposal deemed unacceptable or classified as not reasonably susceptible of being
selected for award. In addition, the Offeror shall clearly identify in the Executive Summary each
functional area for which it is proposing to offer services, its eMaryland Marketplace number and
Federal Tax ID Number.
4.1.1.4.
Offeror Proof of Financial Stability.
This section shall include:
A) The Offeror’s experience, services provided, the length of time the organization has been
providing the services listed, and key business relationships.
B) Statement of Fiscal Integrity for the most recent two (2) full years. Documentation that
addresses the Offeror’s financial solvency must include at least two of the following:
i.
Current balance sheet,
ii.
Certified financial statement,
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iii.
iv.
v.
vi.
Dunn and Bradstreet rating,
Line of credit,
Other evidence of a successful financial track record, and/or
Evidence of adequate working capital.
4.1.1.5.
Past Performance.
In this section, the offeror must list each functional area for which it proposes to provide services and
provide one Past Performance example for each functional area proposed. Each example may be used
for multiple functional areas; however, the Offeror must clearly list the functional areas that apply to
that example.
This section shall include the following:
A) The Offeror shall provide evidence of its capabilities to provide the services outlined in Section
3.3 of this RFP for each functional area proposed.
B) The Offeror shall provide an example of a successful project (on time, within budget, within
scope) in each proposed functional area. The example(s) shall include the project name, the
services provided, and the objectives satisfied.
C) For each example project provided, the Offeror shall include a supporting reference with the
following information:
i.
Name of client organization; and,
ii.
Name, title, and current telephone number of point of contact for client organization.
D) State of Maryland Experience: If applicable, the Offeror shall submit a list of all contracts it
currently holds, or has held within the past five years, with any government entity of the State
of Maryland. For each identified contract, the Offeror shall provide:
i.
The State contracting entity;
ii.
A brief description of the services/goods provided;
iii.
The dollar value of the contract;
iv.
The term of the contract;
v.
Whether the contract was terminated prior to the specified original contract
termination date, and if yes, the reason(s) why;
vi.
Whether any available renewal option was not exercised; and
vii.
The State employee contact person (name, telephone number and email).
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Please Note: It is critical that the contact information provided for any reference is current and
accurate. The reference must be knowledgeable of the project and the Offeror’s performance as well as
be available to discuss the Offeror’s performance.
4.1.1.6.
Proof of Insurance.
Refer to Section 2.16. Proof of Insurance must accompany the Offeror’s proposal.
4.1.2
Volume 2 – Financial Proposal
Under separate sealed cover from the Technical Proposal, the Master Contractor shall submit one
unbound original, one copy, and an electronic version in MS Excel and signed PDF of the Financial
Proposal, as described in the submission instructions, above The Financial Proposal shall contain all cost
information in the format specified in Attachment F (Financial Proposal Instructions) and Attachment F-1
(Financial Proposal rate card). Complete the cost sheets only as provided in the price proposal
Instructions. Offerors must propose pricing for ALL labor categories to be considered for award,
regardless of an Offeror’s ability to provide resources for that labor category. Offerors shall provide
prices for Contract years 1 through 3 for all labor categories listed in the Financial Proposal, Attachment
F-1. The prices an Offeror proposes in Attachment F-1 are the maximum prices the State will pay for all
proposed labor categories.
Section 5.0 Evaluation of Proposal Submissions
1.1.
Evaluation Committee.
All Technical Proposals by qualifying Offerors received by the closing deadline will be evaluated by an
Evaluation Committee established by MHBE. The Committee may request additional technical assistance
from any source.
MHBE reserves the right, in its sole discretion, to award a contract based upon the written proposals
received without prior discussions or negotiations.
1.2.
Qualifying Proposals.
Qualifying proposals are those Proposals received from responsible Contractors that are initially
classified by the Procurement Officer as reasonably susceptible of being selected for award. An Offeror
who submits a qualifying proposal is a “qualified offeror.”
MHBE reserves the right to determine a proposal is not qualifying based on exceptions to terms and
conditions as described in Section 2.6. Exceptions to terms and conditions may result in having the
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Proposal deemed unacceptable or classified as not reasonably susceptible of being selected for award.
MHBE reserves the right to determine a proposal is not qualifying based on exceptions.
Contractors whose Technical Proposals are not deemed as reasonably susceptible of being selected for
award will be notified in writing. The Procurement Officer will then return the Contractor’s Financial
Proposal unopened.
1.3.
Evaluation of the Technical Proposals.
The Evaluation Committee will rank the Technical Proposals according to the criteria established in
Section 1.3.3... During this technical evaluation phase, the Procurement Officer shall reserve the right to
enter into discussions with Offerors. If discussions are held, all Offerors who are initially classified as
reasonably susceptible of being selected for award will be given an equal opportunity for discussion.
Those Proposals determined at any time to be not reasonably susceptible of being selected for award
and/or not responsible will be dropped from further consideration in the awarding of the Contract.
Evaluation criteria for RFR submissions, which will be evaluated separately, are identified in the RFR
attachments.
1.3.1. Discussions.
MHBE may award a contract from this solicitation without holding discussions with Offerors. MHBE
reserves the right to discuss and negotiate with qualified or potentially qualified Offerors, i.e., Offerors
which appear to be responsible at the time discussions and negotiations are conducted and whose
proposals are initially judged to be reasonably susceptible of being selected for award. MHBE, however,
is not obligated to conduct any discussions or negotiations. Each Contractor should be aware that MHBE
may award Contracts without first discussing the matter with the selected Contractors.
1.3.2. Optional Request for Resumes.
Should the Offeror choose to submit candidates for the optional RFRs, MHBE may contact the vendor to
schedule interviews. MHBE reserves the right to interview any of the proposed candidates or no
candidates. MHBE is not obligated to conduct interviews or award Offerors positions under the RFRs.
Only successful Offerors will be awarded positions.
1.3.3. Criteria for Technical Evaluation and Ranking.
Any oral presentations shall occur as part of the technical evaluation. As outlined in Section 1.8, Oral
Presentations, Offerors are advised that the oral presentation will likely be scheduled on short notice
and may be scheduled on an evening or on a weekend day.
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Should an oral presentation occur, it will be transcribed, and all representations made by an Offeror
during an oral presentation must be reduced by the Offeror in writing. All such written representations
will become part of the Offeror’s Proposal and are binding if the Contract is awarded. The time and
location for this oral presentation will be scheduled by the Procurement Officer.
The criteria that will be used by the Committee for evaluation of the Technical Proposal for this specific
procurement are listed below. The evaluation criteria order reflects a reasonable downward
progression of the relative weights of the criteria. Price will only be evaluated for purposes of initial
award to determine whether an Offeror properly submitted its Financial Proposal.
Technical Proposals will be ranked according to the following major criteria:
1. Offeror Past Performance (Section 4.1.1.5)
2. Offeror Proof of Financial Stability (Section 4.1.1.4)
1.4.
Evaluation of the Financial Proposals.
Financial Proposals will be evaluated separately from the Technical Proposals solely to determine
whether Offerors proposed prices in keeping with the Financial Proposal requirements of this RFP.
Offerors shall provide prices for Contract years 1 through 3 for all labor categories listed in the Financial
Proposal, Attachment F-1.
These are the maximum prices MHBE will pay for all proposed labor categories.
1.5.
Final Evaluation and Recommendation for Award.
Upon completion of all discussions, negotiations, and reference checks, the Procurement Officer will
recommend award of the Contract to the Offerors whose proposals are determined to be the most
advantageous to MHBE considering technical evaluation factors and price factors as set forth in this RFP.
In making the most advantageous Contractor determination, technical factors will be given greater
weight than price factors.
Contract awards resulting from the RFP are subject to appropriate MHBE and State approvals.
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State of Maryland
Maryland Health Benefit Exchange
Request for Proposals
Section 6.0 Attachments
ATTACHMENT A – Contract
Upon notification of recommendation for award, a completed contract will be sent to the recommended
awardee for signature. The recommended awardee must return to the Procurement Officer an
executed Contract within five (5) Business Days after receipt. Upon Contract award, a fully-executed
copy will be sent to the Contractor.
ATTACHMENT B – Bid/Proposal Affidavit
This Attachment must be completed and submitted with the Technical Proposal.
ATTACHMENT C – Contract Affidavit
This Attachment must be completed and submitted by the recommended awardee to the Procurement
Officer within five (5) Business Days of receiving notification of recommendation for award.
ATTACHMENT D – Labor Categories
This attachment provides a description of the labor categories for which MHBE anticipates issuing
related TORFPs/RFRS under this RFP.
ATTACHMENT E – Pre-Proposal Conference Response Form
It is requested that this form be completed and submitted as described in Section 1.7 by those potential
Offerors that plan on attending the Pre-Proposal Conference.
ATTACHMENT F – Financial Proposal Instructions
These are the instructions for completing the Financial Proposal Form.
ATTACHMENT F-1 – Financial Proposal Form
The Financial Proposal Form must be completed and submitted as the Financial Proposal.
ATTACHMENT G – Federal Funds Requirements and Restrictions
There are programmatic conditions, requirements and certifications that apply to this contract, which
are contained in Attachments G, including its exhibits G-1, G-2 and G-3. The recommended awardee
must return to the Procurement Officer executed copies of these Attachments with its Technical
Proposal.
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State of Maryland
Maryland Health Benefit Exchange
Request for Proposals
ATTACHMENT H – Conflict of Interest Affidavit and Disclosure
This Attachment must be completed and submitted with the Technical Proposal.
ATTACHMENT I – Non-Disclosure Agreement
This Attachment must be completed and submitted within five (5) Business Days of receiving notification
of recommendation for award. However, to expedite processing, it is suggested that this document be
completed and submitted with the Technical Proposal.
ATTACHMENT J –Non-Exchange Entity Agreement
This Attachment is to be completed and submitted within five (5) business days after notification of
award or award of contract, whichever is earlier. However, to expedite processing, it is suggested that
this document be completed and submitted with the Technical Proposal.
ATTACHMENT K–Response to Requests for Resumes (Optional)
Those Offerors wishing to respond to one or more Requests for Resumes concurrently with this RFP
shall submit them in keeping with the instructions provided in the relevant RFR(s), provided in this
Attachment K.
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