Request for Proposal IT Platform to Support Population Health Management 10/20/2014 University of Iowa Health Alliance, LLC University of Iowa Health Alliance Population Health IT Platform RFP I. Purpose (Vendor Acknowledge/Accept Only) University of Iowa Health Alliance (UIHA) is looking for a qualified firm to provide an information technology (IT) platform that supports population health management activities. UIHA is a clinically integrated network and includes more than 50 hospitals and more than 160 physician clinics. The members of UIHA work together to advance the high quality of health care services, to improve the health status of patients and communities, and to achieve efficiencies that will help member organizations reduce the rising cost of care for their patients. UIHA provides a platform for sharing expertise, selected support services and information technologies needed to succeed in the emerging “accountable care” systems. Working together in UIHA, members strive to increase the value of services provided, improve clinical integration between the members, provide more streamlined and coordinated care to patients, and ultimately improve the health of people in Iowa and other regions served. For the purpose of this RFP, UIHA is the contacting organization. The chapters consist of the regional healthcare delivery systems associated with the five health systems who are members of UIHA: Genesis Health System (Quad Cities of Illinois and Iowa), Mercy Health Network (Des Moines and locations throughout the State of Iowa), Mercy Medical Center of Cedar Rapids, University of Iowa Health System (Iowa City), and Wheaton Franciscan HealthcareIowa (Waterloo). The purpose of the Population Health IT Platform is to provide a data infrastructure that supports UIHA in implementing and managing high performance population health strategies and programs, including the following key functions: • • • • • • • • Aggregate, exchange and integrate data from multiple sources, including at a minimum, administrative data (e.g. claims data from third party payers), electronic health record (EHR) data from multiple EHR vendors, and data from health risk or other assessments. Stratify the risk of patient populations using administrative, clinical and self-reported data. Define and attribute the population and create patient rosters by physicians/networks. Identify care interventions and support multiple care management programs including patient/case tracking, workflow, and clinical rules. Support patient engagement tools and modalities, including interfacing with multiple patient portals. Support care management for teams, across care settings. Provide comprehensive measurement and analysis of organization and unit performance, clinical metrics, budget/financial analysis and operational measures, including standard reports, customized regular reports and query functions. Provide necessary tools to secure sensitive data and audit data use. Products, services and tools will be reviewed relative to their ability to: October 20, 2014 - Page 2 University of Iowa Health Alliance Population Health IT Platform RFP • • • • • • Aggregate, exchange, and integrate data; Engage clinicians; Align with care models; Derive business intelligence; Drive clinical effectiveness; and Support payer risk arrangements and other strategies. Population Health IT Platform, for the purposes of this Request for Proposal (RFP), will be defined as: A single product or collection of products that supports high performance population health management for a clinically integrated network. Specifically, this includes an Enterprise Data Warehouse that aggregates, integrates, and exchanges administrative, clinical, patient, and other data. In addition, the platform includes software, tools, consulting and other products that provide patient risk stratification and measurement, support clinical care and utilization management, workflow and document processing, patient engagement and case tracking/management, and robust analytics and reporting across business, financial, clinical, and other performance domains. UIHA understands that not all functionality may be contained in a single tool or product, and is interested in implementation of phases or components/modules of functionality. The Population Health IT Platform will comply with all HIPAA and other privacy and security rules and protocols and any other security or other requirements of UIHA. II. Scope of Work (Vendor Acknowledge/Accept Only) UIHA seeks a vendor to provide products and services that provide the following scope, features, and functions: UIHA Population Health Platform: 1. Enterprise Data Warehouse o Data aggregation from multiple data sources/streams (see below) o Data integration o Data model/mapping o Enterprise Master Patient Index (EMPI) o Data Warehouse: October 20, 2014 - Page 3 University of Iowa Health Alliance Population Health IT Platform RFP Claims (medical and pharmacy), including adjudicated claims from payers and submitted claims from providers (837 format) Provider Enrollment Clinical Admission/Discharge/Transfer(ADT), Lab, Biometrics, Continuity of Care Document (CCD), etc. Benchmarks Financial Health Risk Assessment Data sources: UIHA member EHRs (Allscripts, Cerner, Epic, Mckesson, etc), third party administrator claims/data, Health Information Exchange, Health Risk Assessments, care manager entered assessments/data, Pharmacy Benefits Manager vendor data (such as from SureScripts and other pharmacy data sources), CMS Medicare Shared Savings Program claims, Iowa Medicaid Claims, other health plan claims. o Requested capabilities of the functions described above 1: Gather and store clinical and administrative (e.g. claims) data NOTE: UIHA chapters utilize different EHR systems (noted above). It is UIHA’s expectation that the vendor will integrate data from these different EHR systems seamlessly. It is not anticipated that UIHA members will be moving toward a single EHR but will continue to have multiple EHRs. Develop common reports on performance and clinical outcomes/metrics Maintain a clean and complete master patient record (i.e. EMPI) Support integration with, at a minimum, Iowa’s Health Information Exchange (HIE) the Iowa Health Information Network, administered by the Iowa Department of Public Health. Comply with data sharing and patient privacy requirements, including HIPAA and all applicable privacy laws. Support ability for UIHA members to conduct de-identified research against IT platform’s common data warehouse, subject to approval processes by UIHA. Throughout the RFP the “Requested Capabilities” bullets describe additional or specific capabilities requested for the functions described in the bullets above. The requested capabilities seek to provide additional information about the capabilities UIHA is requesting of the requirements listed. 1 October 20, 2014 - Page 4 University of Iowa Health Alliance Population Health IT Platform RFP 2. Analytics and Reporting o Clinical Reporting o Financial Reporting o Analytics/research (clinical) o Analytics (financial) o Executive/operational reporting o Analytics (network) o Standard reports, customizable regular or ad hoc reports, data query functionality o Requested capabilities of the functions described above 2: Utilize clinical data, administrative data, and clinical rules to gain insights and to develop interventions to manage the patient population (e.g. risk stratification reports, prevalence of chronic conditions/comorbidities, etc.) Measure provider performance (e.g. trends in performance over time, performance across quality and cost metrics, support for gain share with providers, support for identifying high-value specialists, etc.) Offer standard and custom reports. The vendor platform shall be structured such that UIHA personnel would have direct access to source data and ability via an interface to do ad hoc, custom queries/reports, in addition to standard or custom reports designed by the vendor. Track and manage network leakage, including capability for referral inference Predictive analytics that also provides support for multi-variant analysis Ability to generate quality measures that will provide quality measures reporting to external agencies Analytics to measure performance against clinical quality standards, validate population health business case projections, determine incentive payments for UIHA members and providers, assist with patient engagement/activation, support clinical measures, operational and financial reporting at UIHA, Chapter, and provider levels to support UIHA organizational structure and management. Provide actionable data to clinical leadership (e.g. gaps in care, personal care goal progress, recent health events, etc.) Throughout the RFP the “Requested Capabilities” bullets describe additional or specific capabilities requested for the functions described in the bullets above. The requested capabilities seek to provide additional information about the capabilities UIHA is requesting of the requirements listed. 2 October 20, 2014 - Page 5 University of Iowa Health Alliance Population Health IT Platform RFP Track and inform population health business case projections (e.g. physician referrals and in-system utilization). Measure health improvements (e.g. effectiveness of care coordination, patient safety, readmission reduction). 3. Risk Stratification o Clinical rules engine o Stratification engine o Patient profiling/risk scoring o Requested capabilities of the functions described above 3: Utilize multiple data sources (e.g. administrative, clinical, patient selfreported, etc.) consistently across chapters to risk stratify populations. Enable predictive modeling. 4. Attribute patients to High-Value Network o Population registry through a common or unique provider identifier o Referral support management o Patient attribution o Network management o Contracting o Credentialing o Patient roster management o Tracking of selected actions (i.e. Healthy Behaviors required by plan/employers) o Requested capabilities of the functions described above 4: Develop analytics methodology to define high-value network of physicians and other staff. Inform physician network and referral management/workflow. Create patient rosters based on risk categories and make available to Throughout the RFP the “Requested Capabilities” bullets describe additional or specific capabilities requested for the functions described in the bullets above. The requested capabilities seek to provide additional information about the capabilities UIHA is requesting of the requirements listed. 4 Throughout the RFP the “Requested Capabilities” bullets describe additional or specific capabilities requested for the functions described in the bullets above. The requested capabilities seek to provide additional information about the capabilities UIHA is requesting of the requirements listed. 3 October 20, 2014 - Page 6 University of Iowa Health Alliance Population Health IT Platform RFP physicians. Provide analytics that support attribute patients to the right mix of PCPs and specialists based on risk categories, network adequacy and value. 5. Clinical Model Functions / Care Management o Care management case tracking, workflow, care alerts, team-based case sharing, reporting o Utilization management o Pharmacy utilization management o Risk Adjustment Factor (RAF) o Pharmacy clinical services/medication therapy management/medication reconciliation. This should not duplicate activity in chapter EHRs but enhance this activity when integrating data from other systems. o Wellness activities o EHR Bi-directional integration o Clinical program management o Requested capabilities of the functions described above 5: Care management tool will be used as the workflow support/work environment for physicians and care managers, supporting appropriate care management work processes, such as identifying gaps in care, suggested best practice interventions based on the patient’s disease and risk, and tracking communications with patients and actions taken. The tool should approach sharing workflow and information across care teams, across care settings and provider types. Implement common clinical rules to support consistent stratification across chapters Offer configuration capability to author, implement, and maintain locally tuned population-specific clinical rules Test and model predictive accuracy of the clinical/process rule sets before the actual implementation of the same. Assign care plans and update care team work list action items based on multiple inputs (e.g. assessment results, stratification/clinical rules) Support multiple clinical care management programs and interventions for Throughout the RFP the “Requested Capabilities” bullets describe additional or specific capabilities requested for the functions described in the bullets above. The requested capabilities seek to provide additional information about the capabilities UIHA is requesting of the requirements listed. 5 October 20, 2014 - Page 7 University of Iowa Health Alliance Population Health IT Platform RFP the population. Support mobile/remote care management workforce. Support prioritized task lists across different care teams and disparate data (e.g. multiple EHRs). Promote physician-led care by integrating relevant data from pop health platform into patient’s EHR record. Manage pharmacy services, spend, and utilization. 6. Patient Engagement o Patient education materials management o Member cost estimation tools o Patient navigation and care collaboration o Patient portal – information sharing portal and shared decisionmaking o Health Risk Assessment/Patient Activation Measurement tools o Requested capabilities of the functions described above 6: Offer multiple methods for patient engagement and prioritize best practice strategies to meet patients where there is the most opportunity to impact outcomes and behaviors based on patient-specific and other criteria. Scalable to integrate with one or more of existing patient engagement modalities/tools III. Deliverables (Vendor Acknowledge/Accept Only) UIHA is interested in implementing functionality in components or phases, based on the business needs of the organization. If such an approach is taken, all deliverables and work plans would specify in detail the business requirements and functionality that will be achieved in each phase of work, pricing for each phase, and project plans for each phase. 1. Within 10 days of contract execution, a detailed project/implementation plan, subject to approval by UIHA Chief Executive Officer (CEO). Project plan shall include detailed timelines, project management and project implementation staff organization chart, and scheduled and specific level of resources expected from UIHA staff. 2. Within 10 days of contract execution, a risk mitigation plan, and a privacy and security Throughout the RFP the “Requested Capabilities” bullets describe additional or specific capabilities requested for the functions described in the bullets above. The requested capabilities seek to provide additional information about the capabilities UIHA is requesting of the requirements listed. 6 October 20, 2014 - Page 8 University of Iowa Health Alliance Population Health IT Platform RFP plan, both subject to approval by the UIHA CEO. 3. All services detailed in the above scope of work do not need to be provided in a single IT platform tool, but could be provided via interfaced tools that can be shown to operate in an integrated fashion and adequately supporting UIHA business needs. 4. A completed and fully functioning data warehouse that meets UIHA business needs as detailed in the above scope of work and further specified in the contract between the two parties. Timetable will be specified in the contract. 5. Software, tools or productions that support the following functions as detailed in the above scope of work and further specified in the contract between the two parties: a. UIHA clinical model and care management b. Risk Stratification c. Patient Engagement d. Patient attribution e. Analytics and Reporting f. Timetable will be specified in the contract. 6. Within 10 days of contract execution, a system software training plan, both for system administrators and end users. 7. Other specific business requirements will be detailed in the contract executed between the two parties, including expected Service Levels and performance expectations, and other contract and licensing agreement terms. IV. Proposal (Submit as an attachment) The following sections will be included in the proposal, in this order: 1. Executive Summary – This section will present a high-level synopsis of the vendor’s response to the RFP. The Executive Summary should be a brief overview of the engagement, and should identify the main features and benefits of the proposed work and describe how the vendor solution addresses stated high level business and technical goals. 2. Company Overview – Provide a description of the company’s history, culture, # of years providing these types of software/services, relative engagement experience, and key differentiators. 3. Deliverables – Include descriptions of the products and tools that meet the scope of work requirements, including detailed descriptions of IT architecture, interfaces required, process flows and business functions, security risk, standard reports and October 20, 2014 - Page 9 University of Iowa Health Alliance Population Health IT Platform RFP customized reporting capabilities. Please clearly identify if there are separate prices for each interface, and the cost of licenses, maintenance payments, and one-time implementation costs. Include samples that display functionality and reports as attachments to the proposal to provide an example of the types of functionality that will be provided for this engagement. 4. It should be clear that the vendor understands that the Platform requested in this RFP will need to integrate data and provide a seamless solution across UIHA chapters and their individual data platforms. The proposal should provide evidence of this understanding and the flexibility of the product in UIHA’s environment and clearly lay out how that will be addressed in the vendor solution, the potential cost in time and money, and the experience of the vendor in handling similar situations in the past UIHA requests proposals describe individual components that may be priced or purchased separately, in modules, or in phases. If an integrated solution is proposed, UIHA requests that vendors detail the cost or implementation impacts of an integrated solution versus a more phased or modularized solution. UIHA may select a single vendor, or may select the ‘best of breed’ vendor for individual components. Proposals should identify components, modules or phases of the requested business functions and detail the functionality of each component and cost. Proposals should also separately identify the functionality and cost of optional components or functionality. Proposals may include more integrated approaches, but should describe the advantages of that approach. Include a recommendation of staff and resources for implementation and ongoing operations from both the vendor and UIHA and chapters. 5. Schedule – Include the method and approach used to manage the overall project and client correspondence. Briefly describe how the engagement proceeds from beginning to end and include payment terms. 6. Contact Information – Key sales and project management contact info including: name, title, address, and direct phone number(s). 7. References – At least three similar sized healthcare clients where a similar scope of work was performed. Extra emphasis toward academic medical center references is appreciated. 8. Team Member Biographies – Include biographies and relevant experience of key staff and management personnel that will be involved with this project. 9. Scope and Methodology – Detail specific objectives this scope will answer and reference frameworks, standards and/or guidelines used to develop scope. Also provide a detailed description of the methodology applied to complete the scope of work. October 20, 2014 - Page 10 University of Iowa Health Alliance Population Health IT Platform RFP 10. Sample Reports – Include as a separate attachment, sample reports of services to be provided. 11. Fees – Include a detailed estimate of fees; including projected hours, and hourly cost(s), specific identification of all third party software acquisition and maintenance costs, as well as how the license cost is determined (concurrent users, enterprise, named users, etc). It is required for each proposal to completely address each section in this order to ensure a fair and accurate comparison of vendors. 12. RFP Schedule: RFP Issued by UIHA Questions Due Vendor Responses Due Finalists Oral Presentations and Product Demonstrations Final selection Finalize contract 10/20/14 10/27/14 11/5/14 11/17/1412/5/14 12/17/14 2/1/15 13. Product demonstrations - Subject to the discretion of UIHA, and following the submission of written proposals, UIHA may invite a subset or all vendors submitting proposals to provide an oral presentation and system demonstration of their products and services. This activity will be scheduled beginning November 17, 2014. Vendors will be contacted if this option is selected. 14. RFP Contact - All vendors should submit proposals via email by November 5, 2014 6pm Central Time to the contact listed below. Any questions should be submitted to the same contact listed below by October 27, 2014. Jennifer Vermeer, Chief Operating Officer, University of Iowa Health Alliance [email protected] October 20, 2014 - Page 11 University of Iowa Health Alliance Population Health IT Platform RFP REQUEST FOR PROPOSAL STANDARD TERMS AND CONDITIONS Unless a Vendor expressly and specifically states otherwise in its written proposal, submission of a proposal indicates the supplier’s acknowledgement and acceptance of the following terms and conditions: 1. University of Iowa Health Alliance (UIHA) Rights/Obligations 1.1. UIHA reserves the right to accept or reject any or all proposals, waive irregularities, to accept any part of a proposal, to withhold the award, and to make no award as is deemed to be in the best interests of the UIHA. 1.2. UIHA will not pay for any information requested herein, nor is it liable for any costs incurred by the Vendor in responding to this request. All proposals submitted become the property of UIHA and will not be returned to the Vendor. 1.3. No responsibility will be attached to any person or UIHA for premature opening of a proposal not properly identified. 2. Vendor/Proposal Obligations 2.1. The successful Vendor must be licensed to do business in the State of Iowa and comply with provisions of Chapter 490 of the Iowa Code. 2.2. The proposal constitutes an offer by the Vendor which shall remain open and irrevocable for a period of sixty (60) calendar days from the proposal due date. 2.3. The Vendor consents to UIHA contacting and obtaining any information relevant to this Request for Proposal from the references identified by the Supplier in its proposal or other sources deemed appropriate by UIHA. 2.4. Failure to supply information requested may be cause for rejection of the proposal as non-compliant. 2.5. The UIHA employee whose duty it is to receive proposals will decide when the specified time has arrived and no proposal received thereafter will be accepted. 2.6. Determination of compliance and responsiveness to the requirements of the RFP will be made after a thorough and careful review of the proposals. 2.7. The contents of the proposal and any clarification thereto submitted by the successful Vendor shall become a part of the contractual obligation incorporated by reference into the ensuing agreement, unless modified by mutual agreement, in writing. 2.8. Any and all interpretations, corrections, revisions and amendments shall be issued by UIHA to all holders of proposal documents in the form of written addenda. 2.9. Modification or Withdrawal of a Proposal: Submitted proposals may be withdrawn only by written notice to UIHA. Such notice must be received by UIHA prior to the designated date and time for the receipt of proposals. 2.10. Withdrawn proposals may be re-submitted up to the time and date designated for the receipt of proposals provided that they are fully in conformance with the proposal instructions and conditions. 3. Formation of the Agreement At its option, UIHA may take either of the following actions to form an agreement between UIHA and the selected Vendor: October 20, 2014 - Page 12 University of Iowa Health Alliance Population Health IT Platform RFP 3.1. Accept a proposal as submitted by issuing a written notice to the selected Vendor which refers to this Request for Proposal and accepts the proposal received in response to it, or, 3.2. Enter into negotiations with one or more Vendor(s) in an effort to reach a mutually satisfactory written agreement that will be based on this Request for Proposal, the proposal submitted by the Vendor and the associated negotiations. 3.3. Because UIHA may use alternate 3.2 above, each Vendor should include in its written proposal all requirements, terms or conditions it may have, and should not assume that an opportunity will exist to add or clarify such matters once the proposal is submitted. 4. Assignment Any contractual agreement resulting from this Request for Proposal may not be assigned or transferred by the Vendor without prior written consent of UIHA and the bonding company if appropriate. 5. Indemnification To the fullest extent allowed by law, Vendor agrees to indemnify and hold harmless UIHA their agents and employees from and against all claims or losses including reasonable attorneys’ fees, arising out of or resulting from the negligence or omissions of the Vendor, its partners, directors, officers, employees, licensees, subcontractors or agents, in the provision of products and services under this contract. 6. Code of Fair Practice The Vendor shall not discriminate against any employee or applicant for employment because of race, creed, color, religion, national origin, sex, age, physical or mental disability. The Vendor shall take affirmative action to ensure that applicants are employed and that the employees are treated during employment without regard to their race, creed, color, religion, national origin, sex, age, physical or mental disability except where it relates to a bona fide occupational qualification. 7. Qualifications of Bidder 7.1. UIHA may make such investigations as deemed necessary to determine the ability of the Vendor to provide and perform the specified service stated herein. 7.2. The Vendor shall keep informed of, and shall provide all permits and comply with all applicable laws, ordinances, rules, regulations and orders of the state and federal government, or public bodies having jurisdiction affecting this proposal and the service referenced herein. 8. Laws Terms and provisions of this proposal and any agreement resulting from this proposal shall be construed in accordance with the laws of the State of Iowa, and any and all litigation or actions commenced in connection with this proposal or agreement resulting from this proposal shall be instituted in the appropriate courts of the State of Iowa. 9. Remedies upon Default In any case where the Vendor has failed to deliver services or has delivered non-conforming services, UIHA shall provide a 10 day right to cure notice. UIHA may, within its sole discretion, accept or reject any or all proposed cure actions. If after reasonable notice the Vendor continues to be in default, UIHA may, within its sole discretion, terminate the Agreement without any further obligation and procure substitute services from another source and charge the difference between the contracted price and the market price to the defaulting Vendor. 10. IMPORTANT – Exceptions to Contract Documents The Vendor shall clearly state in the submitted proposal any exceptions to, or deviations from the specific RFP Instructions, Specifications, Form of Proposal, and/or any exceptions to these Terms and Conditions. Such exceptions or deviations will be considered in evaluating the proposals. Any exceptions must be noted and returned with the submitted proposal. October 20, 2014 - Page 13 University of Iowa Health Alliance Population Health IT Platform RFP Vendors are cautioned that exceptions taken to this Request for Proposal may cause their proposal to be rejected. 11. Insurance Requirements Without limiting any liabilities or any other obligations of the Vendor, Vendor shall provide certificates of insurance documenting the minimum insurance coverage requirements listed below unless otherwise agreed to in writing. Coverage may be by Vendor’s self-insurance plan or with outside insurance providers, all subject to UIHA approval. Such insurance coverage must be maintained until all obligations under the Agreement are satisfied. 11.1. Applicable Workers Compensation insurance to cover liability imposed by Federal and State statutes having jurisdiction over Supplier employees engaged in the performance of the Vendor’s service. Employer’s Liability insurance of no less than $500,000 each employee and $500,000 each accident. 11.2. Commercial General Liability insurance with a minimum limit of ONE MILLION DOLLARS ($1,000,000) per occurrence. This policy shall include coverage for bodily injury and property damage, including completed operations, personal injury, coverage for contractual employees, blanket contractual and products and completed operations. Policy shall contain a severability of interests provision. 11.3. Commercial Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) with respect to Vendor’s owned, non-owned, hired, or borrowed vehicles, assigned to or used in performance of this agreement. 11.4. Umbrella Liability insurance with a minimum limit of $1,000,000 per occurrence and shall apply to all underlying and primary liability coverages required above. 11.5. Errors and Omissions (Professional Services Liability) insurance with a minimum limit of $1,000,000 per claim. The policy shall include coverage for contingent bodily injury liability. 11.6. The Commercial General Liability, Commercial Automobile Liability and Umbrella Liability policies required herein shall be endorsed to include UIHA, their agents, officials, and employees as additional insured. Vendor and its insurers providing the required coverages shall waive all rights of subrogation or recovery against the State of Iowa; University of Iowa; Board of Regents, State of Iowa, their agents, officials and employees. 11.7. All required insurance policies shall be issued by reputable insurance companies duly authorized to engage in the insurance business in the State of Iowa, with an A.M. Best’s rating of A-, VII or better. These policies shall be primary coverage. Certificates shall specify name of the project and provide that no less than 30 days notice of non-renewal, cancellation, or material change shall be given to UIHA. 11.8. Two (2) Certificates of Insurance showing Vendor’s current coverages and limits must be submitted with the Vendor proposal. Prior to a signed Agreement, Vendor must procure required insurance and provide UIHA with two (2) Certificates of Insurance. Certificates must reference this RFP. Vendor’s proposal must include the cost of the required insurance. 11.9. Failure on the part of the Vendor to procure or maintain required insurance shall constitute a material breach of contract upon which UIHA may immediately terminate an Agreement, or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, and all moneys so paid by UIHA shall be repaid by the Vendor to UIHA upon demand, or UIHA may offset the cost of the premiums against any moneys due to Vendor. 11.10. UIHA reserves the right to request and receive certified copies of any or all of the above policies and/or endorsements. 11.11. UIHA reserves the right to waive or reduce the insurance requirements at the UIHA’s sole discretion. October 20, 2014 - Page 14 University of Iowa Health Alliance Population Health IT Platform RFP 12. Taxes 12.1. Certification regarding sales and use tax: By executing this Contract the Vendor certifies it is either (a) registered with the Iowa Department of Revenue, collects, and remits Iowa sales and use taxes as required by Iowa Code chapter 432; or (b) not a “retailer” or a “retailer maintaining a place of business in this state” as those terms are defined in Iowa Code subsections 423.1(42) & (43). 13. Miscellaneous Terms and Conditions 13.1. UIHA reserves the right to conduct discussions with Vendors, and to accept revisions of proposals, and to negotiate price changes. Any person firm, corporation or association submitting a proposal accepts all the terms, conditions and requirements in this Request for Proposal. 13.2. The successful Vendor agrees it will not use the name or intellectual property, including but not limited to UIHA or UIHA chapter members trademarks in any manner, including commercial advertising or as a business reference, without the expressed prior written consent of UIHA. 13.3. The successful Vendor shall not remove any records from UIHA or UIHA members. This includes but is not limited to, paper documents, microfiche, microfilm, or any electronic medial. 14. Conflict of Interest Should Contractor be a paid employee of UIHA or UIHA member, Contractor will be considered a “conflict of interest vendor.” In addition, should any individual who is a paid employee of UIHA or UIHA member, also be a partner in Contractor’s firm or own five percent (5%) or more of Contractor’s corporate stock or receive consulting payments, a conflict of interest exists. Whenever Contractor represents a conflict of interest or whenever there is a disclosure or indication of a conflict of interest, Contractor must have approval by UIHA prior to transacting business with UIHA. 15. Federal Compliance: All contracts, including small purchases, awarded by recipients and their contractors shall contain the procurement provisions as outlined below: These provisions are available on the following website. OMB: http://www.whitehouse.gov/omb/circulars_a110#48 2 CFR 215.48 Equal Employment Opportunity -All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR, 1964-1965 Comp., p. 339), as amended by E.O. 11375,"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 US.C. 276c) -All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall Include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C B74), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he Is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) -When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage October 20, 2014 - Page 15 University of Iowa Health Alliance Population Health IT Platform RFP determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. This does not apply to Federal disaster funding unless otherwise specified by local regulations. Contract Work Hours and Safety Standards Act (40 U.S.C 327-333) -Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work In excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 ½ times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Rights to Inventions Made Under a Contract or Agreement -Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention In accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended -Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) -Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.5.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Debarment and Suspension (E.O.s 12549 and 12689)-A contract award with an amount expected to equal or exceed $25,000 and certain other contract awards (see 2 CFR 180.220) shall not be made to parties listed on the government-wide Excluded Parties List System, in accordance with the OMB guidelines at 2 CFR part 180 that Implement E.O.s 12549 (3 CFR, 1986 Comp., p. 189) and 12689 (3 CFR, 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than E.O. 12549. [69 FR 26281, May 11, 2004, as amended at 70 FR 51879, Aug. 31, 2005] October 20, 2014 - Page 16 University of Iowa Health Alliance Population Health IT Platform RFP Section 503 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 793)- This Contractor and Subcontractor shall abide by the requirements of 41 CFR 60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities. Vietnam-era Veterans’ Readjustment Assistance Act of 1974, as amended (VEVRAA), (38 U.S.C. 4212)- This Contractor and Subcontractor shall abide by the requirements of 41 CFR 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans. October 20, 2014 - Page 17
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