Department of Health Adult Mental Health Division

RELEASE DATE: October 16, 2020

REQUEST FOR PROPOSALS RFP No. HTH 420-5-21

SEALED OFFERS to

Furnish, Supply, Deliver, Install, Maintain, and Provide Training for an

Electronic Medical Record System

OFFERS WILL BE RECEIVED UP TO 2:00 P.M. (HST) ON

NOVEMBER 16, 2020 (OR SUCH LATER DATE AS MAY BE ESTABLISHED BY THE STATE OF HAWAII BY AN ADDENDUM TO THIS RFP)

IN THE KINAU HALE BUILDING, 1250 PUNCHBOWL STREET, ROOM 256,

HONOLULU, HAWAII 96813. DIRECT QUESTIONS RELATING TO THIS

SOLICITATION TO MS. SHARON SAKAMOTO, TELEPHONE (808) 586-8282,

FACSIMILE (808) 586-4745 OR E-MAIL AT sharon.sakamoto@doh.hawaii.gov.

Amy Yamaguchi Procurement Officer Adult Mental Health Division

REQUEST FOR PROPOSALS

Furnish, Supply, Deliver, Install, Maintain, and Provide Training for an Electronic Medical Record System

RFP No. HTH 420-5-21 The Department of Health, Adult Mental Health Division (“DIVISION”), is requesting proposals from qualified applicants to furnish, supply, deliver, install, maintain, and provide training for an electronic medical record system. The contract term will be from January 1, 2021 through December 31, 2022. Proposals shall be mailed, postmarked by the United State Postal Service on or before, and received no later than 10 days from the submittal deadline. Hand delivered proposals shall be received no later than 2:00 p.m., Hawaii Standard Time (“HST”), on Monday, November 16, 2020, at the drop-off site designated on the Proposal Mail-in and Delivery Information Sheet. Proposals postmarked or hand delivered after the submittal deadline shall be considered late and rejected. There are no exceptions to this requirement. Please be concise and specific in your approach. Final contract terms and amounts shall be negotiated. Please submit your application:

Ms. Amy Yamaguchi Procurement Officer Adult Mental Health Division P.O. Box 3378, Room 256 Honolulu, HI 96801-3378

1 RFP No. HTH 420-5-21

PROPOSAL MAIL-IN AND DELIVERY INFORMATION SHEET

NUMBER OF COPIES TO BE SUBMITTED: 2 hard printed copies and an electronic version included on a CD

THE 2 COPIES MUST INCLUDE ONE (1) SIGNED ORIGINAL AND ONE (1) SINGLE SIDED, TABBED, UNBOUND COPY.

ALL MAIL-INS SHALL BE POSTMARKED BY THE UNITED STATES POSTAL SERVICE

(USPS) NO LATER THAN November 16, 2020

and received by the state purchasing agency no later than 10 days from the submittal deadline.

All Mail-ins DOH RFP Contact Person Department of Health Ms. Sharon Sakamoto Adult Mental Health Division For further info. or inquiries P.O. Box 3378 Phone: 586-8282 Honolulu, Hawaii 96801-3378 Fax: 586-4745 ALL HAND DELIVERIES SHALL BE ACCEPTED AT THE FOLLOWING SITES UNTIL 2:00 P.M., Hawaii Standard Time (“HST”), November 16, 2020. Deliveries by private mail services such as FEDEX shall be considered hand deliveries. Hand deliveries shall not be accepted if received after 2:00 p.m., November 16, 2020. Drop-off Site Oahu: Department of Health Adult Mental Health Division 1250 Punchbowl Street, Room 256 Honolulu, Hawaii

BE ADVISED: All mail-ins postmarked by USPS after November 16, 2020, shall be

rejected. Deliveries by private mail services such as FEDEX shall be considered hand deliveries. Hand deliveries shall not be accepted if received after 2:00 p.m., HST, November 16, 2020.

2 RFP No. HTH 420-5-21

TABLE OF CONTENTS Page SECTION ONE: INTRODUCTION, TERMS AND ACRONYMS AND KEY DATES 1 SECTION TWO: BACKGROUND AND SCOPE OF WORK 6 SECTION THREE: PROPOSAL REQUIREMENTS 11 SECTION FOUR: EVALUATION CRITERIA 30 SECTION FIVE: CONTRACTOR SELECTION AND CONTRACT AWARD 35 SECTION SIX: SPECIAL PROVISIONS 39 SECTION SEVEN: ATTACHMENTS AND EXHIBITS 42

• Attachment 1: PROPOSAL APPLICATION CHECKLIST • Attachment 2: OFFER FORM, OF-1 • Attachment 2: OFFER FORM, OF-2 • Exhibit A: GENERAL PROVISIONS • Exhibit B: CONTRACT FORM AND AG GENERAL CONDITIONS • Exhibit C: OVERVIEW OF THE RFP PROCESS • Exhibit D: REQUIREMENTS CHECKLIST (ELECTRONIC ONLY)

3 RFP No. HTH 420-5-21

SECTION ONE

INTRODUCTION, TERMS AND ACRONYMS, KEY DATES 1.1 INTRODUCTION

The Department of Health, Adult Mental Health Division is requesting proposals for an electronic medical record system to support its delivery and documentation of community-based and inpatient services. Any award will result in a contract for these services.

1.2 CANCELLATION The Request for Proposals (RFP) may be cancelled and any or all proposals rejected in

whole or in part, without liability to the State, when it is determined to be in the best interest of the State.

1.3 TERMS AND ACRONYMS USED THROUGHOUT THE SOLICITATION

ADT AMHD API ARRA/HITECH BAFO CBT CMHC CMS CPO CPOE DAGS DBMS

= = = = = = = = = = = =

Admission/Discharge/Transfer Adult Mental Health Division Application Programming Interface American Recovery and Reinvestment/Health Information Technology for Economy and Clinical Health (Act of 2009) Best and Final Offer Computer-based training Community Mental Health Centers Centers for Medicare and Medicaid Services Chief Procurement Officer Computerized Physician Order Entry Department of Accounting and General Services Data Base Management System

DED DOH

= =

Deliverable Expectation Document Department of Health

EMR EMRS GC GET GP HIPAA HIM HIT HSH MDS Offeror

= = = = = = = = = = =

Electronic Medical Record Electronic Medical Record System General Conditions, issued by the Department of the Attorney General General Excise Tax General Provisions Health Insurance Portability and Accountability Act of 1996 Health Information Management Health Information Technology Hawaii State Hospital Minimum Data Set EMRS firm submitting a proposal in response to this RFP

4 RFP No. HTH 420-5-21

ONC PM Procurement Officer RFID RFP SPO STATE TRAIN 42 CFR Part 2

= = = = = = = = =

Office of the National Coordinator Project Manager The contracting officer for the State of Hawaii Radio Frequency ID Request for Proposals State Procurement Office State of Hawaii, including its departments, agencies, and political subdivisions Solution environment or instance for user training usage Federal regulations governing confidentiality of alcohol and drug abuse patient records information

1.4 AUTHORITY This Request for Proposals (RFP) is issued under the provisions of the Hawaii Revised

Statutes, Chapter 103 and 103D. All prospective applicants are charged with presumptive knowledge of all requirements of the cited authorities. Submission of a valid executed proposal by any prospective applicant shall constitute admission of such knowledge on the part of such prospective applicant.

1.5 RFP SCHEDULE AND SIGNIFICANT DATES

The schedule represents the State’s best estimate of the schedule that will be followed. All times indicated are Hawaii Standard Time (HST). If a component of this schedule, such as "Proposal Due date/time" is delayed, the rest of the schedule will likely be shifted by the same number of days. Any change to the RFP Schedule and Significant Dates shall be reflected in and issued in an addendum. The approximate schedule is as follows:

Event Due Date Release of Request for Proposals Friday, October 16, 2020 Due date to Submit Questions Monday, October 26, 2020,

12:00 pm, HST State’s Response to Questions* Monday, November 2, 2020 Proposals Due date/time Monday, November 16, 2020,

2:00 pm, HST Proposal Evaluations – short list Wednesday, November 18, 2020 Discussion with Priority Listed Offerors / Vendor’s Demo

Thursday, November 19, 2020 – Wednesday, November 25, 2020

Best and Final Offer (if necessary) Tuesday, December 1, 2020 Notice of Award Friday, December 4, 2020 Contract Start Date Friday, January 1, 2021

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1.6 QUESTIONS AND ANSWERS PRIOR TO OPENING OF PROPOSALS

All questions shall be submitted by the due date specified in Section 1.4, RFP Schedule and Significant Dates, as amended. The State will respond to questions through Addenda/Amendments by the date specified in Section 1.4, RFP Schedule and Significant Dates, as amended.

1.7 SUBMISSION OF PROPOSALS

A. All mail-ins shall be postmarked by the United States Postal System (“USPS”) and received by the State purchasing agency no later than the submittal deadline indicated on the attached Proposal Mail-In and Delivery Information Sheet, or as amended. All hand deliveries shall be received by the State purchasing agency by the date and time designated on the Proposal Mail-In and Delivery Information Sheet, or as amended. Proposals shall be rejected when:

1. Postmarked after the designated date; or 2. Postmarked by the designated date but not received within 10 days from the

submittal deadline; or 3. If hand delivered, received after the designated date and time.

B. The number of copies required is located on the Proposal Mail-In and Delivery

Information Sheet. Deliveries by private mail services such as FEDEX shall be considered hand deliveries and shall be rejected if received after the submittal deadline. Dated USPS shipping labels are not considered postmarks.

1.8 OPENING OF PROPOSALS Upon the state purchasing agency’s receipt of a proposal at a designated location,

proposals, modifications to proposals, and withdrawals of proposals shall be date-stamped, and when possible, time-stamped. All documents so received shall be held in a secure place by the state purchasing agency and not examined for evaluation purposes until the submittal deadline. Procurement files shall be open to public inspection after a contract has been awarded and executed by all parties.

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SECTION TWO

BACKGROUND AND SCOPE OF WORK 2.1 PROJECT OVERVIEW AND HISTORY

The Department of Health (“DOH”), Adult Mental Health Division (“AMHD”) serves approximately 8,000 adults with serious mental illness through its network of state operated community mental health clinics, the Hawaii State Hospital (HSH) and contracted provider agencies. The mission of the AMHD is to promote, coordinate and administer a comprehensive mental health system for adults with serious mental illness through a comprehensive continuum of services and supports. The AMHD network includes Community Mental Health Centers (“CMHC”) on Oahu, Kauai, Maui and Hawaii islands. The Maui CMHC provides satellite offices on the islands of Lanai and Molokai. In addition, AMHD contracts with approximately 45 purchase of service providers ranging from group home to mental health clinics who are reimbursed on a fee for service basis, State operated programs, both inpatient and outpatient document treatment in an electronic medical record. AMHD’s contractual business continues to expand in order to meet the changing needs of the population it serves.

The services that the AMHD provides or coordinates includes outpatient psychiatric services, intensive case management, crisis intervention, 24-hour crisis line, psychology services, community based in-home support services, clubhouse programs, housing supports, inpatient pharmacy and psychiatric hospitalization. Collaboration of medical information is essential to appropriate and efficient care so access to the medical record is essential.

The AMHD employs both clinical and administrative professionals. It is anticipated that there will be a minimum of 100 concurrent users of the electronic medical record (“EMR”) system. The primary users of the EMR system (“EMRS”) will be clinical, fiscal, administrative, intake and utilization management staff. In the current system, there are 650 named users. The goal of this RFP is to procure a state of the art EMRS which will support delivery and documentation of services, as well as collaboration between crisis line, outpatient and inpatient state operated services and purchase of service providers, third party billing, utilization management and claims payment, e-Prescribing and inpatient medication services including order entry, electronic medication administration recording, pharmacy management and automated dispensing machines. All of this must be accomplished with a single master patient index and single logon for users. The EMRS must be available twenty-four (24) hours a day, seven (7) days per week.

Critical to this project is that there will be minimal cost or down time and little retraining will be required of staff when migrating from the current EMRS. Therefore, proposals must include estimates of the amount of effort required by AMHD staff to participate in the implementation, include training for both technical, clinical, fiscal and administrative staff. Minimizing the amount of retraining of staff is considered critical and the applicant must identify how their solution accomplishes this goal. The initial term of the contract shall be for two years.

7 RFP No. HTH 420-5-21

It is the intent of DOH to solicit responses to this Request for Proposals (RFP) in accordance with the statement of work, proposal preparation section, and specifications contained in this document.

2.2 APPROACH This is an effort to obtain an EMRS to meet the operational and the informational system needs of AMHD’s inpatient, outpatient, and contracted service operations and expands on the functionality currently in use in the inpatient facility. This is a two-year project and funds are constrained due to the current COVID pandemic emergency. It is the goal of AMHD to procure an application solution that will address a broad range of individual data and information system needs. The AMHD is not looking for an active server page or ASP solution. AMHD will operate its own system which may be housed onsite or by a Software as a Solution (SaaS) approach. This system will be key to allowing AMHD perform its function as steward of State, local and Federal money, to control fraud and be a strong provider of services.

The new system will provide the functionality necessary to manage AMHD as an integrated care system. There are several factors specific to AMHD that will make implementing a system in this environment both unique and complex. It is critical that these factors are understood and incorporated into the solution.

The EMRS will manage all funded services for the adult population. These services may be funded in several different ways including but not limited to, State funds, Medicaid, Medicare and Federal grants. The system must therefore be able to track services provided using these other funding sources. The system should also handle eligibility determination for services.

Since eligibility data is a critical aspect of any client-based system, how this data gets from the Providers to the EMR is of extreme importance. Availability and access to this data to AMHD is critical.

The EMRS will be assuming a major function as the payor for AMHD services. The magnitude and scope of this responsibility must not be underestimated. For crisis line, inpatient and outpatient state operated programs, the EMRS will meet all functional requirements to support documentation and billing for services. All of these programs will be able to see documentation provided by all other state operated programs to ensure integration and coordination of care. The specific requirements are described in Exhibit D.

In addition to the system issues that must be addressed, AMHD wants to minimize the organizational changes necessary to accomplish these goals. The training and implementation effort on the part of the Offeror must be carefully planned and must be included in the response to this RFP.

In its role as a payer, the EMRS must be able to accept HIPAA compliant claims and allow for processing them as either fee for service (FFS) claims, cost settled or capitated claims. The EMRS must permit AMHD to pay claims from contracted providers and then

8 RFP No. HTH 420-5-21

submit paid claims that meet criteria to Medicaid for Medicaid Rehabilitation Option reimbursement.

The use of EDI (Electronic Data Interchange) must be included as a key component with any response. The ability to handle all of the HIPAA transaction files formats including eligibility verification, enrollment, prior/pre-authorization, claims and outcome reporting electronically is essential. AMHD must be able to access and enter data directly into the EMRS. Enrollments and Prior/Pre-Authorizations will be entered, updated and verified on-line and claims will be adjudicated using the EMRS.

AMHD has many reporting and planning needs that require access to the data contained in the EMRS. Special consideration will be necessary to address these reporting needs to ensure access to this information.

Finally, the State of Hawaii has external reporting requirements that the EMRS must support. For example, the system must support the Uniform Data Reporting requirements under the Block Grant for Community Mental Health Services Program Application. The specifics of these external requirements are available from the AMHD website. It is imperative that the Offeror’s system can capture and store the required information, as well as report out that data consistent with these requirements.

In summary, AMHD is looking for an Offeror that can provide a comprehensive turnkey information system(s) with the necessary support services to operate an information system for AMHD with minimal implementation costs and retraining. The term System in this context means software, implementation, training and ongoing support for these components.

2.3 GENERAL INFORMATION

2.3.1 Offeror’s proposal must be based on the currently supported production version of its software. If future enhancements are planned to meet the functionalities required herein, Offeror shall specify the release date the Offeror shall make the planned enhancement available for release into productive use. Failure of Offeror to expressly set forth the dates when use functionality shall be available may, in the AMHD’s sole and absolute discretion, render Offeror’s proposal nonresponsive.

2.3.2 The AMHD reserves the right to unbundle Offeror’s proposed solutions including,

but not limited to selecting a subset of the proposed applications, integrating with other solution providers to achieve the desired functionality, and obtaining implementation and training services from other providers.

2.3.3 If Offeror’s response is conditional, an explanation of the conditions must be

provided. Failure to provide such explanations may, in the AMHD’s sole and absolute discretion, render Offeror’s proposal nonresponsive.

2.3.4 The requirements of this RFP are intended for the AMHD exclusively.

9 RFP No. HTH 420-5-21

2.3.5 Offeror’s proposals are irrevocable for a period of 180 days from the date and time Offeror submits its response to this RFP.

2.3.6 The term of the Agreement shall be negotiated based upon the information

presented in the successful Offeror’s proposal and the AMHD’s project requirement team.

2.3.7 To ensure uniformity, Offerors shall use the response format found in Section –

Proposal Information. 2.4 SCOPE OF WORK

The EMRS is an electronic health record which will include, but not be limited to, an integrated system, with a Single Data Repository and Master Patient Index. There will be a single sign on role-based access to all functions, which include electronic charting, care planning; user defined assessments; physician orders; progress notes; minimum data set; admission/discharge/transfer modules; scheduling; customizable reports; interdisciplinary clinical documentation; computerized physician order entry; electronic prescribing to pharmacy; pharmacy/medication management; institutional and professional third party billing; claims adjudication and payment; all HIPAA compliant transaction file types; Health Information Management coding capability for all types of patients; utilization management system; patient web portal; provider web portal; and health plan like functionality for contracted providers. 2.4.1 There are eight (8) offices with several smaller satellite locations that are not

continuously staffed, all on the same network 2.4.2 There are currently six hundred fifty (650) medical record users. 2.4.3 There are 100 maximum licenses or concurrent users. 2.4.4 There are two hundred ninety (290) licensed professional staff 2.4.5 There are forty-five (45) Purchase of service providers. 2.4.6 There are ten (10) inpatient prescribers and forty (40) outpatient prescribers. 2.4.7 The HSH is currently licensed for two hundred twenty-six (226) beds. The

Hospital Based Inpatient Psychiatric Services (“HBIPS”) is being tracked partially in the EMR and manually.

2.4.8 There are approximately three thousand, one hundred thirty-one (3,131) orders

per month at the HSH, and one thousand, three hundred sixty-seven (1,367) orders per month at the outpatient facilities.

2.5 PAYMENT SCHEDULE

Upon Contractor submission of the deliverable products contained in this RFP, STATE shall pay successful Contractor according to the percentage of the proposal software license price indicated below:

10 RFP No. HTH 420-5-21

Software License Fees 4.1 Installation of Software 40% 4.2 Acceptance of Software 30% (after table build/testing) 4.3 Final System Acceptance 30% (Go Live plus at least 30 days of system testing) Implementation and Training costs should be billed and reimbursed monthly as incurred. Final Payment shall be made under the following conditions. 4.5.1 Issuance of written notice that the products and services to be provided pursuant

to the contract have been completed by Contractor; 4.5.2 Acceptance of the work and services by the STATE; 4.5.3 Receipt of a tax clearance from the Director of Taxation, State of Hawaii, to the

effect that all delinquent taxes levied or accrued under State statutes against the Contractor have been paid.

4.5.4 All payments shall be made in accordance with, and subject to, applicable provisions of Chapters 40 and 103D, Hawaii Revised Statutes (“HRS”).

2.6 AMOUNT OF CONTRACT

Due to the unexpected COVID-19 pandemic, the State of Hawaii is experiencing a severe budget shortfall and the total amount of funds to be awarded for this EMRS shall be approximately one (1) million dollars for the two year contract period.

2.7 TERM OF CONTRACT

The contract shall be for a period of two (2) years and is intended to begin approximately on January 1, 2021 and end on December 31, 2022. Unless terminated, the Contractor and the State may extend the term of the contract for an additional one (1), twelve (12)-month period or portions thereof without the necessity of re-soliciting, upon mutual agreement in writing at least sixty (60) days prior to the expiration of the contract. The contract price or commission paid to the Contractor for the extended period shall remain the same or as described in the offer. When interests of the State or the Contractor so require, the State or the Contractor may terminate the contract for convenience by providing six (6) weeks prior written notice to the other party.

2.8 CONTRACT ADMINISTRATOR

For the purposes of this contract, Amy Yamaguchi, Procurement Officer, (808) 586-4681, or authorized representative, is designated the Contract Administrator.

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SECTION THREE

PROPOSAL REQUIREMENTS 3.1 OFFEROR’S AUTHORITY TO SUBMIT AN OFFER

The State will not participate in determinations regarding an Offeror's authority to sell a product or service. If there is a question or doubt regarding an Offeror's right or ability to obtain and sell a product or service, the Offeror shall resolve that question prior to submitting an offer.

3.2 REQUIRED REVIEW

3.2.1 Before submitting a proposal, each Offeror must thoroughly and carefully examine this RFP, any attachment, addendum, and other relevant document, to ensure Offeror understands the requirements of the RFP. Offeror must also become familiar with State, local, and Federal laws, statutes, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the work required.

3.2.2 Should Offeror find defects and questionable or objectionable items in the RFP,

Offeror shall notify the AMHD in writing prior to the deadline for written questions as stated in the RFP Schedule and Significant Dates, as amended. This will allow the issuance of any necessary corrections and/or amendments to the RFP by addendum and mitigate reliance of a defective solicitation and exposure of proposal(s) upon which award could not be made.

3.3 PROPOSAL PREPARATION COSTS

Any and all costs incurred by the Offeror in preparing or submitting a proposal shall be the Offeror’s sole responsibility whether or not any award results from this RFP. The State shall not reimburse such costs.

3.4 TAX LIABILITY

3.4.1 Work to be performed under this solicitation is a business activity taxable under HRS Chapter 237, and if applicable, taxable under HRS Chapter 238. Contractor is advised that they are liable for the Hawaii GET at the current 4.5% for sales made on Oahu. If, however, an Offeror is a person exempt by the HRS from paying the GET and therefore not liable for the taxes on this solicitation, Offeror shall state its tax exempt status and cite the HRS chapter or section allowing the exemption.

3.4.2 Federal I.D. Number and Hawaii General Excise Tax License I.D. Offeror shall

submit its current Federal I.D. No. and Hawaii General Excise Tax License I.D. number in the space provided on Offer Form, page OF-1, thereby attesting that the Offeror is doing business in the State and that Offeror will pay such taxes on all sales made to the State.

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3.5 PROPERTY OF STATE All proposals become the property of the State of Hawaii. 3.6 CONFIDENTIAL INFORMATION

3.6.1 If an Offeror believes that any portion of a proposal, offer, specification, protest, or correspondence contains information that should be withheld from disclosure as confidential, then the Offeror shall inform the Procurement Officer named on the cover of this RFP in writing and provided with justification to support the Offeror’s confidentiality claim. Price is not considered confidential and will not be withheld.

3.6.2 An Offeror shall request in writing nondisclosure of information such as

designated trade secrets or other proprietary data Offeror considers to be confidential. Such requests for nondisclosure shall accompany the proposal, be clearly marked, and shall be readily separable from the proposal in order to facilitate eventual public inspection of the non-confidential portion of the proposal.

3.7 EXCEPTIONS Should Offeror take any exception to the terms, conditions, specifications, or other requirements listed in the RFP, Offeror shall list such exceptions in this section of the Offeror’s proposal. Offeror shall reference the RFP section where exception is taken, a description of the exception taken, and the proposed alternative, if any. The State reserves the right to accept or not accept any exceptions.

No exceptions to statutory requirements of the AG General Conditions shall be considered.

3.8 PROPOSAL OBJECTIVES

3.8.1 One of the objectives of this RFP is to make proposal preparation easy and efficient, while giving Offerors ample opportunity to highlight their proposals. The evaluation process must also be manageable and effective.

3.8.2 Proposals shall be prepared in a straightforward and concise manner, in a format

that is reasonably consistent and appropriate for the purpose. Emphasis will be on completeness and clarity and content.

3.8.3 When an Offeror submits a proposal, it shall be considered a complete plan for

accomplishing the tasks described in this RFP and any supplemental tasks the Offeror has identified as necessary to successfully complete the obligations outlined in this RFP.

3.8.4 The proposal shall describe in detail the Offeror’s ability and availability of

services to meet the goals and objectives of this RFP as stated in Section 2.2 APPROACH.

3.8.5 Offeror shall submit a proposal that includes an overall strategy, timeline and

plan for the work proposed as well as expected results and possible shortfalls.

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3.9 PROPOSAL FORMS

3.9.1 To be considered responsive, the Offeror’s proposal shall respond to and include all items specified in this RFP and any subsequent addendum. Any proposal offering any other set of terms and conditions that conflict with the terms and conditions providing in the RFP or in any subsequent addendum may be rejected without further consideration.

3.9.2 Offer Form, Page OF-1. Offer Form, OF-1 is required to be completed using

Offeror’s exact legal name as registered with the Department of Commerce and Consumer Affairs, if applicable, in the appropriate space on Offer Form, OF-1 (SECTION SEVEN, Attachment 1). Failure to do so may delay proper execution of the Contract. The Offeror’s authorized signature on the Offer Form, OF-1 shall be an original signature in ink, which shall be required before an award, if any, can be made. The submission of the proposal shall indicate Offeror’s intent to be bound.

3.9.3 Offer Form, Page OF-2. Pricing shall be submitted on Offer Form OF-2

(SECTION SEVEN, Attachment 2). The price shall be the all-inclusive cost, including the GET, to the State. No other costs will be honored. Any unit prices shall be inclusive.

3.10 PROPOSAL CONTENTS Proposals must:

3.10.1 Include a transmittal letter to confirm that the Offeror shall comply with the

requirements, provisions, terms, and conditions specified in this RFP.

3.10.2 Include a signed Offer Form OF-1 with the complete name and address of Offeror’s firm and the name, mailing address, telephone number, and fax number of the person the State should contact regarding the Offeror’s proposal.

3.10.3 If subcontractor(s) will be used, append a statement to the transmittal letter from

each subcontractor, signed by an individual authorized to legally bind the subcontractor and stating:

a. The general scope of work to be performed by the subcontractor;

b. The subcontractor’s willingness to perform for the indicated.

3.10.4 Provide all of the information requested in this RFP in the order specified. 3.10.5 Be organized into sections, following the exact format using all titles, subtitles,

and numbering, with tabs separating each section described below. Each section must be addressed individually and pages must be numbered. a. Transmittal Letter See SECTION SEVEN, Attachment 1, Offer Form OF-1. b. Table of Contents for Proposal

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To ensure that each Offeror’s proposal is reviewed on a consistent and thorough basis, Offerors shall use the following outline:

Tab Contents

A Table of Contents B Executive Summary C Requirements Checklist (Exhibit D) D Future Capacity E Implementation Approach and Training Offerings F Pricing Proposal

1) The proposal must be submitted in the format described in this Section and must be typed.

2) The documents contained in the response must follow the above indicated tabs.

3) Additional documents submitted by the Offeror must be cross-referenced to the question(s) or section(s) that the document is intended to address.

4) Original signatures in ink are required; facsimile or rubber stamp signatures will not be accepted.

c. Executive Summary

The executive summary should present an overview of all major points detailed in the proposal and should be written in a manner easily reviewed by the AMHD. The executive summary should contain the following information: 1) Summary of the proposal in non-technical terms 2) Overall scope of the proposed system(s) and services 3) Summary of available and in-development applicable product lines 4) Key differing points for your proposed solution

3.11 REQUIREMENTS CHECKLIST

3.11.1 This Section of the proposal should contain Offeror’s responses to specific questions on the functions and features provided by its system. This portion of the RFP requires Offeror to complete a Requirements Checklist, Exhibit D that addresses the EMR Core Requirements that must be present. There is a separate tab for each requirement area:

a. Instructions: This TAB explains how to complete the spreadsheet

b. General Requirements: This TAB identifies the general requirements for

the application.

c. ADT: Admission, Discharge and Transfer functionality. Requirements for both inpatient and outpatient programs are included.

d. Medication Administration: Electronic Medication Administration

Recording which is fully integrated into Computerized Physician Order

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Entry and the Pharmacy application is required for inpatient program

e. Clinical Documentation: This tab identifies requirements for documenting service including progress and treatment planning functionality.

f. Medical Records: Identify how the applications support medical records

functionality to support timeliness of medical records, release of information and HIPAA portability requirements.

g. CPOE: Both inpatient and outpatient Computerized Physician Order

Entry are required. The outpatient functionality must connect to a clearinghouse and the inpatient pharmacy must be fully integrated into the inpatient pharmacy management and electronic medication administration applications.

h. Pharmacy: This refers to the inpatient pharmacy functionality.

i. Billing: Billing for both Inpatient and outpatient services delivered by

state operated programs.

j. Case Management: The application must support collaboration and provide reports.

k. Document Imaging: Support for imaging outside documents and adding

them to the patient record.

l. Provider Portal: Allows outside providers to access elements of the EMR.

m. Patient Portal: Allows patients to access their own information from their

own computer or mobile device.

n. Compliance Requirements: This section identifies regulatory compliance requirements such as HIPAA.

o. Patient Tracking: Includes functionality to inform clinicians if patients

have checked in for their appointment.

p. Interoperability: Identifies data sharing and integration requirements.

q. Reports: Identifies data structure and capabilities for custom and standard report writing.

r. Technical Infrastructure: Database and other technical requirements

are included in this section.

s. Contracted POS: This section identifies the “health plan like” functionality that must be fully integrated with all of the above. This includes authorizations for services and the adjudication of claims.

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In addition to the Requirements Checklist above, a narrative response is required to be included in the proposal application to address the following:

3.11.1.1 General Architecture

This Section will be used to determine the ability of the proposed solution to integrate and transform the organization’s current information systems structure. Please provide answers to the following set of general architecture questions:

1) Provide a description of Offeror’s system’s overall technical

architecture. Include an architectural diagram that depicts Offeror’s proposed solution. This architecture should align with the breakdown of Offeror’s pricing.

2) Describe with reasonable detail the hardware model whether on

existing physical servers at HSH or using a SaaS model on which Offeror’s system is structured (i.e., remote presentation, remote data management, distributed presentation, distributed data management, or distributed function).

3) Provide information on the database and file structures used by

the proposed system(s).

3.11.1.2 System Processing/Environmental

This Section will be used to measure Offeror’s system’s ability to meet the AMHD’s system processing and environmental requirements. The AMHD’s current systems are located at and maintained by Hawaii State Hospital. The applicant can propose an “in-house” self-hosted solution so long as no new hardware must be procured or a new SaaS implementation.

Based upon the information provided and Offeror’s knowledge of the organization’s environment, please complete the following questions, explaining how Offeror’s proposed system will work in this environment:

1) Technical Hardware and System Software Characteristics:

a) Provide all the significant technical specifications (i.e., Internet

throughput, etc.). Also include the components that Offeror considers critical and should have redundancy or fault tolerance built into it. Outline any product versioning interdependencies across app/layered products. This information should cover all central site hardware, including:

• Client

o operating system o recommended memory requirements o storage space o browser requirements

17 RFP No. HTH 420-5-21

o video requirements o other third-party software required by your application

(including runtime modules)

a) What printers, embossers, label and bar code printers, and bar code readers are supported by your system?

b) What bar code symbol standards are supported by your

system? Do you anticipate any changes to these standards? What tasks are required to incorporate changes to these standards?

c) What print services are supported by Offeror’s system?

d) Describe Offeror’s support for wireless and other hand-held

devices for access to the system.

e) Are there any different client requirements for administrative versus clinic type users?

f) Outline any published certifications of product functionality on

Offeror’s recommended client/server environments by the hardware vendors.

2) System Control and Recovery Concepts

a) Describe any requirements for application downtime for batch processing, system backup, database management, or other activities. What components would be available during these downtimes and for how long? Are there any planned downtimes? If so, what are the reasons for the downtime, the impacted components and duration of the downtime?

b) Provide a detailed description of the control and security

features found in the system. Describe the system security features, levels, and firewalls for external access restriction. Include the level at which user’s access to data is restricted, how security is administered in the system, and how system access is monitored (i.e., audit trail logs, change of passwords, etc.).

c) Describe the process for adding a new user to the system.

Can this process be automated or integrated with automated user provisioning tools? Can users be added in batch?

d) Describe the tools available for the system administrator to

perform file and system maintenance.

e) Describe our ability to configure/modify/add:

Forms Workflow

18 RFP No. HTH 420-5-21

Triggers, events & actions across your systems modules

User exits

f) Provide a detailed description of the error handling and logging features provided by Offeror’s system. Is error handling and logging managed in a dedicated software component system wide?

g) Describe any specific product configuration parameter-setting methods. Indicate all configuration parameter maintenance or changes that will require Offeror’s professional services or fees. If available, provide an implementation checklist that details these configurations.

h) Describe the process of automatic switching to backup or fault

tolerant devices in the case of a hardware failure.

i) Describe the database transaction logging and recovery process. Estimate times to recover the entire operational database. Provide benchmarking data.

j) Provide a complete description of all backup and recovery

procedures associated with the system.

k) How is version control implemented between environments? What third party tools can be used or are bundled with your proposed solution? Are published best practices, version specific utilities and such, available following major product releases? If yes, please provide examples/excerpts of your last major release.

l) How many environments does Offeror recommend be

established? Does the proposed configuration concurrently support the recommended environments? If not, what additional components and licensing are required? What additional fees would be incurred?

3.11.1.3 System Development Methodology

This Section of the RFP will be used to assess Offeror’s system development methodology. Answer the following questions:

1) Does Offeror’s system development methodology include the use

of software and data modeling tools and methodologies? Which tools does Offeror utilize?

2) Does Offeror have a separate Quality Assurance (QA) function? (Yes / No). Describe Offeror’s QA process.

19 RFP No. HTH 420-5-21

3) Is regression testing a part of Offeror’s release process? Please describe the process and quality metrics against which a release is managed.

4) Does Offeror utilize industry standard third-party regression tools as a part of its quality assurance process? Please specify which tools Offeror uses.

5) Will Offeror make available to the AMHD its regression test sets to

facilitate the development of implementation regression testing?

6) Describe Offeror’s product release strategy in terms of platform-tiering.

7) What steps are followed when enhancements or service packs are

identified and before they are generally released to a customer?

8) Describe Offeror’s version control process that is used internally in Offeror’s development organization. What industry standard tools does Offeror utilize?

9) Please comment on where Offeror sees the proposed system

currently in its total product life cycle.

3.11.1.4 Database and Reporting

This Section of the RFP will evaluate Offeror’s overall database and reporting capabilities. Answer the following questions:

1) Provide information on accessibility to the system’s clinical data

from both a user and IT integration and management perspective:

a) What query tools, Application Programming Interface (API), web services, etc. does Offeror provide as a part of its proposed solution?

b) What commercial third-party tools are integrated with Offeror’s

proposed solution?

c) Are these access methods available remotely?

d) Indicate whether these methods decode internal database encoding during extract (i.e., join with lookup/performance encoding tables, etc.)

2) Describe the reporting features provided by Offeror’s system

including its system’s capability to run and access the reports via the web:

a) Report writing tools for ad hoc reporting

b) Exception, trending, summary and detail reports

20 RFP No. HTH 420-5-21

c) Provide a list of standards (predefined) reports available from your proposed system including system management reports such as audit log reports, security access reports, etc.

3.11.1.5 Integration/Interface

This Section of the RFP will be used to measure your system’s ability to integrate with the organization’s existing systems, other vendors’ systems, external databases, and other instruments or devices.

System Interfaces Required

Automated Dispensing Machines

1) Describe how the modules included within Offeror’s proposed solution are interfaced or integrated with each other.

2) Provide a detailed description of Offeror’s design approach to

delivering batch and real-time HL7 standard interfaces. Indicate all areas where Offeror provides interfaces and specify the methodology for each (e.g., HL7, custom interface, or other standards).

3) Please describe Offeror’s approach to the implementation,

configuration and management of HL7 localized segments (z segments). Does the implementation of HL7 z segments require Offeror’s professional services?

3.11.1.6 Performance

1) Describe the scalability of the system. Assuming a 6% annual

growth rate, for how many years would the proposed configuration satisfy the organization’s needs?

2) Describe the tools available for monitoring system and application performance. What other tools have you integrated/interfaced with?

3) Define system performance and describe how you measure online

response time.

4) Provide a list of critical system components and implementation factors that affect your system’s performance. For each, indicate Offeror’s recommended resolution/mitigating actions to resolve the performance concerns.

5) If the proposed system was not performing at an acceptable

response rate, how would Offeror correct the response issue?

6) Describe Offeror’s response time warranty for the proposed software allowing for 100% growth in volume.

21 RFP No. HTH 420-5-21

3.11.1.7 Service and Support

This Section of the RFP will evaluate Offeror’s overall service and system support structure. Answer the following questions:

1) Describe the support your company can provide on a continual

basis (i.e., for system software, hardware and application software).

2) Which components do you contract to a third party? Include a list

of the third parties, their functions, and their support schedule.

3) What support is not included in your proposal’s support cost?

4) Once a new release is issued, for how long do you support the prior release?

5) It is required that the AMHD purchase support through your

company for system software and hardware support?

6) Describe the method used for charging for support services and list the specific hourly rates by type of skill.

7) For your proposed system, state the maximum response time

between the initial report of a system (software) failure and the appearance of on-site or remote access by qualified personnel who can take all corrective actions required to resume operations.

8) For the system configuration that you are proposing, what is the

average customer downtime?

9) What is your average time for 100% closure/resolution of the service issue?

10) Provide a list and meeting frequency of any organized user

groups, along with a listing of the active participants for each.

11) Describe the normal procedure for a user to follow when reporting a problem to the Offeror and the subsequent problem escalation process.

12) Describe any limitations to support during a 24-hour period.

13) What is the average turnaround time for system fixes? Please

provide for both critical and non-critical problems.

14) Describe any “hot-line” support services available to the users and IT to report problems or ask questions (e.g. and 800-number, 24-hour phone support etc.). Respond to this question using Hawaii Standard Time.

15) Is this support service included in your maintenance agreement?

22 RFP No. HTH 420-5-21

16) To minimize or eliminate the need for an Offeror on-site visit, describe the on-site diagnostic aids (e.g., debugging tools, etc.), available procedures and technical requirements for the AMHD to use to analyze system errors and take corrective actions.

17) To what level can performance and system monitoring occur on site by the AMHD’s Information Technology department?

18) Using industry standard skill sets describe the internal support

staff and skill levels the AMHD will require to maintain the system (include analysts, database administrators, operations, management, etc.)

19) Provide a description of your support organization structure. How

many people are in product support and where they are geographically located?

20) How are support personnel distributed to cover all product lines,

including operating systems, hardware and operations processing?

3.11.1.8 For SaaS proposals: System Maintenance

1) Provide a sample SaaS maintenance contract.

2) Describe the procedure for requesting application SaaS changes.

3) How do you allocate engineering resources to address request

enhancements? What percentage of engineering resources is allocated to new feature functionality versus maintenance requests?

4) Describe how system updates are made to address changes

caused by a federal, state, or local mandate and/or modified regulatory requirements (e.g. new Medicare rules, HIPAA requirements, etc.). Discuss the process for implementing the changes and a risk-mitigation approach if the changes are not completed within the required timeframe.

5) Will the Offeror charge a fee for changes caused by a federal,

state, or local mandate and/or modified regulatory requirements (e.g. new Medicare rules, HIPAA requirements, etc.)?

6) Does your system allow for multiple environments (i.e. testing,

training, software release, multiple production environments)? Are these licensed separately?

3.11.1.9 For Self-Hosted Proposals only

This section of the RFP addresses use of existing hardware at HSH for hosting the application. AMHD has available three Dell EMC PowerEdge R640 servers with Windows Server 2019, Xeon Silver 4208 2.10GHZ

23 RFP No. HTH 420-5-21

processors (two). One server has 442 GB and the other two have 740 GB each. The legacy EMR server could be re-purposed after Go Live for a test environment. Procurement of additional servers is out of scope for this project. Confirm that implementation using only this equipment exceeds minimum standards.

3.11.1.10 System Documentation

This Section of the RFP will address the level and completeness of Offeror’s system documentation.

1) Make available for review, system documentation with your

response. The documentation should include:

a) System description manuals b) Technical/operations system manuals c) User manuals d) Installation manuals

2) Can system documentation be replicated for the AMHD’s training

purposes? Describe any restrictions.

3) Are documentation updates provided at no additional cost? Describe how and when additional costs would be incurred.

4) Are all system documentation and support materials available in

electronic format as well as paper?

5) Describe the software formats used to provide documentation. How are these materials distributed (e.g. CD, web, etc.)?

6) Is new documentation provided in conjunction with application

software updates?

7) Will you provide a full set of documentation at each location (multi-facility organization) upon request? Is there an additional charge for each set of documentation?

8) Do you maintain complete documentation of all changes made to

the system?

9) Is this documentation available for the organization to review?

10) Provide a sample of your release upgrade documentation.

3.11.1.11 Other Documentation

Provide any additional information you feel the organization should know about your SaaS that has not been addressed.

The Offeror’s response to this Section shall be placed behind Tab C – Requirements of Offeror’s proposal.

24 RFP No. HTH 420-5-21

3.11.2 Implementation Approach and Training Offerings

A major objective is to avoid costly disruptions to the AMHD’s services and operations during the implementation and conversion of new systems. This Section will be used to determine how implementing Offeror’s system will meet this objective. Provide the requested implementation details specified below, if possible. If the materials do not exist, please indicate as such. a. Implementation Approach

1) Provide a detailed implementation for your application. Include a

timeline, necessary sequencing of events, data collection requirements, data mapping requirements, recommended training by skill level and installation effort. Include effort required for both IT and business end-users.

2) Provide a brief description of the approaches utilized in the proposed implementation plan for:

a) Workflows for existing processes b) Configuration design and set-up c) Workflows for future processes d) System gap analysis e) Data conversion (patient demographic, billing and clinical data) f) Report analysis and gap identification g) Interface design, development and testing h) Report design, development and testing i) Unit, application, system, integrated and performance testing j) Post implementation support

3) Describe the staffing you suggest the AMHD provide (IT and

operational) to implement the proposed modules. Please include a resource model with numbers, roles, skills, commitment level, etc.

4) Describe the staffing your company will provide for the

implementation (i.e. number, roles, skills, level of experience, commitment level).

5) Do you agree to allow the AMHD to interview and approve your

implementation and support staff assigned? Further, do you agree to remove and replace staff that the AMHD finds unsuitable for the effort?

6) Do you agree to have each of the assigned Offeror’s staff bound

to the AMHD’s confidentiality requirements? How will this be communicated to your staff?

7) Describe the overall conversion approach you would recommend

migrating from our self-hosted system (e.g. data, timeline, general approach, etc.). Include conversion costs as a separate line item in your proposal.

25 RFP No. HTH 420-5-21

8) Describe any tools provided for data conversion, dictionary table loading, etc.

9) Does your system come with a “standard” set of dictionary/table/

file data as a starter or training set? 10) Provide a table of previously installed sites for the last three (3)

years with their respective installation timeframes. These timeframes should reflect complete installation durations. Include name, size of the hospital (number of beds) and the number of separate facilities, hospitals, clinics, outreach centers, etc.).

11) Provide any additional work activities you find appropriate. 12) Please indicate the “end-state” support structure that you would

recommend the AMHD establish to support your proposed solution post go-live.

13) Provide a detailed sample implementation workplan for the

proposed system. 14) How soon following contract signing will you commit to start the

implementation?

b. Training and Education Approach; Project Team Training:

1) Based on your proposed solution, what education and training would you recommend for the AMHD’s implementation project team members (IT and operational)?

2) Describe your education/training offerings for project team members. For each of your offerings include training approach, course name, objectives, location, minimum and maximum class size (if applicable) and course length.

3) Include the cost of project team training included in your

implementation fee structure? Do you provide online as well as on-site classes at the option of the AMHD? Please outline which classes would be online vs. on-site. Sending AMHD staff out of state for training is outside the scope of this project. Is there a difference in cost? If so, please describe.

c. Technical Team Training:

1) What technical training is required and recommended? Specify

courses and hours by technical groups (e.g. operations, development, user-support, help desk, etc.).

2) What technical training is available from your company?

3) How often are the classes scheduled?

26 RFP No. HTH 420-5-21

4) What lead time is required to obtain a reservation in the training class?

5) Do you offer a technical certification program?

6) Do you provide online or on-site training? Please outline which

classes would be online vs. on-site. Providing live, online training is preferred. Requiring AMHD staff to travel out of state for training is outside the scope of this project.

7) Include the cost of technical training included in your

implementation fee structure.

d. User Training:

1) Describe your recommended approach for super user, train-the-trainer and end-user education and training.

2) Does your staff provide or participate in super user or end-user training sessions?

3) Do you provide user training materials? If yes, please include

sample training plan materials?

4) Do you support computer-based training (CBT)? Have you developed CBT’s that are available for use by the AMHD?

5) Will you develop customized CBTs or modify your CBTs if

applicable)?

6) If there is a separate training system (database) available with the proposed system, can end-user training be done concurrently with system development and testing? What are the pros and cons of training in this manner?

e. Please attach a sample training plan for the proposed system

implementation. Offeror’s response to this Section shall be placed behind Tab E – Implementation Approach and Training Offerings of Offeror’s proposal.

3.11.3 Pricing Proposal

The evaluation of the category of Cost shall be based on the prices, as indicated on the Pricing Proposal submitted with Offeror’s proposal. To determine the maximum liability to the State of Hawaii, any percentage increases proposed for extension option periods shall be also included in the cost evaluation. This portion of the RFP requires Offeror to complete a PRICING PROPOSAL (Exhibit D) that addresses the following:

27 RFP No. HTH 420-5-21

a. One Time Costs with separate line items for: 1) Data Migration 2) Reproducing essential reports 3) Project Management 4) Development costs 5) Any other implementation costs

b. Annual Recurring Cost

c. Annual % Price Increases

d. Terms and Discounts

e. Implementation

Cost proposals shall include or exclude travel expenses (e.g., lodging, transportation, meals, etc.)

f. Training Cost proposals shall include or exclude travel expenses (e.g., lodging, transportation, meals, etc.)

g. Offeror’s response to this Section shall be placed behind Tab F – Pricing

Proposal of Offeror’s proposal.

h. This format may be used to provide the pricing proposal

One time costs Data Migration Reproducing essential reports Project Management Development Costs Other Implementation Costs Total One Time Costs Annual Recurring Cost Terms and Discounts Implementation Training Total Costs for two-year period Annual % Price Increases

3.12 EXPERIENCE AND CAPABILITIES

a. The number of years Offeror has been in business and the number of

years Offeror has performed services specified by this RFP.

b. A list of key personnel and associated resumes for those who will be dedicated to this project.

28 RFP No. HTH 420-5-21

c. A list of at least three (3) references from the Offeror's current clients that

may be contacted by the State as to the Offeror's past and current job performance. Offeror shall provide names, titles, organizations, telephone numbers, email and postal addresses.

d. A summary listing of judgments or pending lawsuits or actions against;

adverse contract actions, including termination(s), suspension, imposition of penalties, or other actions relating to failure to perform or deficiencies in fulfilling contractual obligations against your firm. If none, so state.

e. A list of sample projects and/or examples of written plans.

f. Proposal including an overall strategy, timeline and plan. g. Pricing.

See Offer Form OF-2.

3.13 RECEIPT AND REGISTER OF PROPOSALS

Proposals will be received and receipt verified by two or more procurement officials on or after the date and time specified in Section One, or as amended. The register of proposals and proposals of the Offeror(s) shall be open to public inspection upon posting of award pursuant to section 103D-701, HRS.

3.14 BEST AND FINAL OFFER (BAFO) If the State determines a BAFO is necessary, it shall request one from the Offeror. The

Offeror shall submit its BAFO and any BAFO received after the deadline or not received shall not be considered.

3.15 MODIFICATION PRIOR TO SUBMITTAL DEADLINE OR WITHDRAWAL OF OFFERS

3.15.1 The Offeror may modify or withdraw a proposal before the proposal due date and time.

3.15.2 Any change, addition, deletion of attachment(s) or data entry of an Offer may

be made prior to the deadline for submittal of offers.

3.16 MISTAKES IN PROPOSALS

3.16.1 Mistakes shall not be corrected after award of contract.

3.16.2 When the Procurement Officer knows or has reason to conclude before award that a mistake has been made, the Procurement Officer should request the offeror to confirm the proposal. If the Offeror alleges mistake, the proposal may be corrected or withdrawn pursuant to this section.

3.16.3 Once discussions are commenced or after best and final offers are requested, any priority-listed Offeror may freely correct any mistake by modifying or withdrawing the proposal until the time and date set for receipt of best and final

29 RFP No. HTH 420-5-21

offers.

3.16.4 If discussions are not held, or if the best and final offers upon which award will be made have been received, mistakes shall be corrected to the intended correct offer whenever the mistake and the intended correct offer are clearly evident on the face of the proposal, in which event the proposal may not be withdrawn.

3.16.5 If discussions are not held, or if the best and final offers upon which award will be made have been received, an Offeror alleging a material mistake of fact which makes a proposal non-responsive may be permitted to withdraw the proposal if: the mistake is clearly evident on the face of the proposal but the intended correct offer is not; or the Offeror submits evidence which clearly and convincingly demonstrates that a mistake was made.

Technical irregularities are matters of form rather than substance evident from the proposal document, or insignificant mistakes that can be waived or corrected without prejudice to other Offerors; that is, when there is no effect on price, quality, or quantity. If discussions are not held or if best and final offers upon which award will be made have been received, the Procurement Officer may waive such irregularities or allow an Offeror to correct them if either is in the best interest of the State. Examples include the failure of an Offeror to: return the number of signed proposals required by the request for proposals; sign the proposal, but only if the unsigned proposal is accompanied by other material indicating the Offeror’s intent to be bound; or to acknowledge receipt of an amendment to the request for proposal, but only if it is clear from the proposal that the Offeror received the amendment and intended to be bound by its terms; or the amendment involved had no effect on price, quality or quantity.

30 RFP No. HTH 420-5-21

SECTION FOUR

EVALUATION

Evaluation criteria and the associated points are listed below. The award will be made to the responsible Offeror whose proposal is determined to be the most advantageous to the State based on the evaluation criteria listed in this section. 4.1 EVALUATION PROCESS

The procurement officer of an evaluation committee of designated reviewers selected by the head of the state purchasing agency or procurement officer shall review and evaluate proposals. When an evaluation committee is utilized, the committee will be comprised of individuals with experience in, knowledge of, and program responsibility for program service and financing. The evaluation will be conducted in three phases as follows: • Phase 1 – Pre-Screening Evaluation • Phase 2 – Evaluation of Proposal Applications that meet the minimum subset of

requirements (short list) • Phase 3 – Discussion with Priority Listed Offeror/Vendor’s Demo • Phase 4 – Best and Final Offer (if necessary) • Phase 5 – Proposal Evaluation (final selection) • Phase 6 – Recommendation for Award

4.2 PRE-SCREENING EVALUATION (Phase 1)

A pre-screening of proposals will be conducted to eliminate Offerors that do not meet the minimum subset of requirements. The following are considered mandatory criteria: 1. Budget cost for two (2) year project is approximately one (1) million dollars. 2. Applicants need to have the following functionality currently in place in their proposed

EMRS:

General Requirements

3.03 The System must have the ability to allow an authorized System Administrator to add new user defined fields, modify field names, and modify dictionaries across all options/sections of the System.

General Requirements

7.01 The System must have role-base security throughout the system and down to the field level is preferred.

CPOE 1.20 The System must have inpatient prescribing functionality where the order goes to the pharmacy management system in the EMR for inhouse pharmacy and outpatient pharmacy functionality which interfaces with an ePrescribing company is required.

31 RFP No. HTH 420-5-21

Accounts Receivable & Billing

1.10 The System must include, but not limited to: The capability to generate institutional and professional electronic claims, accept and process electronic remittance (online and batch mode), create and accept eligibility query and response transactions (online and batch mode), create and accept claims status inquiry transactions (online and batch mode).

Contracted POS 5.15 The System must have the ability to send and receive all HIPAA compliant transaction files including receiving an 837 and sending 835, 999 and 997.

Data Sharing and Interoperability

1.01 The System must allow for patient data to be shared throughout the System of AMHD and controlled by role-based security.

Report Writing 1.01 The System must allow for the report writer to support SQL (Structured Query Language), Crystal Reports and ODBC connections.

Technical 1.02 The System must have a Test environment that mirrors the production environment. A Train environment that mirrors the configuration of the Production environment but contains no PHI is desirable.

Technical 1.03 A concurrent user licensing model is preferred. If proposing a named user licensing methodology, identify the cost for adding additional user licenses. Specify cost per individual license per year over the course of the contract.

Technical 1.04 The System must have a browser based front end and the database must be MS SQL or InterSystems Cache

Technical 1.05 The System/Offeror must provide customer support 24 hours/7 days per week with issue resolution based on pre-defined SLAs. This requirement is to include, but not limited to: Prioritized levels and timeframes for correction of outages to ensure patient safety.

3. Applicant’s that do not meet the above functionality requirements, will not be

considered for this procurement. A letter will be sent to the Offeror to inform them that their application will not be considered.

4. Based on the results of the pre-evaluation screening, the top three (3) to five (5) Offerors will be selected for a complete and comprehensive review by AMHD for all aspects of the RFP response, according to the evaluation criteria.

4.3 EVALUATION CRITERIA (Phase 2)

The total number of points used to score this contract is 100.

1) Cost of services (30)

2) Previous experience, capability and proficiency in an EMRS solution to State or

county inpatient and outpatient programs as defined in Exhibit D. (10)

a. Number of years in the business and number of years performing services specified in this RFP

32 RFP No. HTH 420-5-21

b. Three or more successfully implemented EMRS with state or county mental health agencies which include inpatient, outpatient, third party billing, and a contracted purchase of service system with functionality requirements similar to this RFP.

c. Reference and client listings

3) Requirements Checklist (Exhibit D) (30) 4) Narrative responses to all of Sections 3.11.1 and 3.11.2. (15)

5) Project Proposal information as specified in Section 3.11.2 (15)

The proposal applications shall be evaluated as follows:

1) Cost of services

a) The cost analysis will be based on the proposed application. b) The Offeror will fully complete the Worksheet for every item on the cost

analysis. Forms will be provided in the Appendix of this RFP for this purpose. c) The Grand Total System Costs will be based on the sum for all aspects of the

system procurement, even if those items may be purchased in separate procurements.

The AMHD may make adjustments to the cost proposal for evaluation purposes only, if determined necessary to more accurately represent the correct total cost to AMHD, but the proposals will be compared on an equal EMR.

2) Previous experience, capability and proficiency in the EMRS solution to the

State or county inpatient and outpatient programs as defined in Exhibit D. The following rating criteria will be used for all narrative sections of the proposal, including items 2), 4) and 5) above.

0 25%

(.25) 50% (.50)

75% (.75)

100% (1.00)

Does Not Meet

Below Average

Average Above Average

Exceeds

Rating scale definitions: Does Not Meet: The required information was not present in the Applicant’s proposal. Below Average: A major item was not addressed, was addressed incorrectly, or was addressed in the wrong category or section. Applicant appears to have just re-stated the requirements outlined in the RFP. The applicant’s submission fails to indicate a clear understanding of the scope of services, lacks original effort in formulating responses; much of the proposal simply repeats back what the RFP stated as requirements; responses indicate a limited understanding of at least some of the scope of services or other requirements of the RFP.

33 RFP No. HTH 420-5-21

Average: All major items were addressed. Applicant’s submission reflects an understanding of the scope of service and other requirements of the RFP. Above Average: All items were addressed completely and thoroughly. Proposal includes concise, detailed descriptions of how the provider intends to deliver services. Concepts are stated clearly and evidence of creative or original thinking is present; applicant includes evidence of having researched the services and indicates a solid understanding of the scope of services or other requirements of the RFP.

Exceeds: The majority of items were addressed in an exceptionally clear, concise, or original manner; applicant not only indicates a full understanding of the scope of services and other RFP requirements but also the implications of the service for the broader community and the necessity of coordinating services closely with other providers. Applicant’s proposal includes value added services or service components which go beyond the minimum requirements outlined in the RFP.

3) Requirements Checklist (Exhibit D)

The Requirements section will be evaluated based on total score as well as the subtotals by tab. In order to receive all 30 points for this section, the applicant’s responses must total to 2900 points using the scoring system described below.

Responses to individual items are scored as follows:

a) Existing 5 points

This means that the system function currently exists as part of the Offeror’s standard application software and is in operation at a minimum of one client site.

b) Modification 4 points This response indicates that in order for the Offeror to meet this requirement, custom programming will be required, that is will be provided an no additional cost, that the Offeror is willing and able to provide this level of functionality and that the programming can be completed by the scheduled system, “Go-Live” date, which is currently established as July 1, 2021.

c) Custom 2 points This response is comparable to that of response of “2” except that the custom programming would require an additional cost. The Offeror must provide an estimate of the development time and include the costs specific to each item that must be included n the detailed cost analysis section.

d) Planned 1 point This response indicates that the Offeror actively plans to add this functionality and it is part of an established development plan. The Offeror must provide an estimate of the development time and when this development is planned to be accomplished.

34 RFP No. HTH 420-5-21

e) Not Available 0 points This response indicates that the requirement cannot be met with the proposed software and that there are no plans to provide this capability

4) Narrative responses to all of Sections 3.11.1 and 3.11.2

Follow the evaluation criteria outlined in 2) above.

5) Project Proposal information as specified in Section 3.11.2 Follow the evaluation criteria outlined in 2) above.

4.4 Discussion with Priority Listed Offeror/Vendor’s Demo (Phase 3)

The preliminary “finalists” may be interviewed to validate RFP responses and then asked to present demonstrations of their system solution to further validate the system’s capabilities. Reference checks will be made at this point to further qualify the Offeror.

Re-evaluation of the Offer application and Offeror profile scores will be allowed based on information obtained as a result of interviews, system demonstrations and reference checks.

4.5 Best and Final Offer (Phase 4) If necessary, Offeror(s) will be requested to submit a best and final offer. 4.6 Proposal Evaluation (final selection) / Recommendation for Award (Phase 5 & 6)

A final recalculation following the methodology outlined in this section will be performed and a final Offeror will be selected.

35 RFP No. HTH 420-5-21

SECTION FIVE

CONTRACTOR SELECTION AND CONTRACT AWARD 5.1 EVALUATION OF PROPOSALS

The Procurement Officer, or an evaluation committee of at least three (3) qualified State employees selected by the Procurement Officer, shall evaluate proposals. The evaluation will be based solely on the evaluation criteria set out in Section Four of this RFP.

Prior to holding any discussion, a priority list shall be generated consisting of offers determined to be acceptable or potentially acceptable. However, proposals may be accepted without such discussions. If numerous acceptable and potentially acceptable proposals are submitted, the evaluation committee may limit the priority list to the three highest ranked, responsible Offerors.

5.2 DISCUSSION WITH PRIORITY LISTED OFFERORS

The State may invite priority listed Offerors to discuss with their proposals to ensure thorough, mutual understanding. The State in its sole discretion shall schedule the time and location for these discussions, generally within the timeframe indicated in RFP Schedule and Significant Dates. The State may also conduct discussions with priority listed Offerors to clarify issues regarding the proposals before requesting Best and Final Offers, if necessary.

5.3 AWARD OF CONTRACT

Method of Award. Award will be made to the responsible Offeror whose proposal is determined to be the most advantageous to the State based on the evaluation criteria set forth in the RFP.

5.4 RESPONSIBILITY OF OFFERORS

Offeror is advised that in order to be awarded a contract under this solicitation, Offeror will be required, to be compliant with all laws governing entities doing business in the State including the following chapters and pursuant to HRS §103D-310(c):

1. Chapter 237, General Excise Tax Law; 2. Chapter 383, Hawaii Employment Security Law; 3. Chapter 386, Worker’s Compensation Law; 4. Chapter 392, Temporary Disability Insurance; 5. Chapter 393, Prepaid Health Care Act; and 6. §103D-310(c), Certificate of Good Standing (COGS) for entities doing business in

the State.

The State will verify compliance on Hawaii Compliance Express (HCE). Hawaii Compliance Express. The HCE is an electronic system that allows vendors/contractors/service providers doing business with the State to quickly and easily

36 RFP No. HTH 420-5-21

demonstrate compliance with applicable laws. It is an online system that replaces the necessity of obtaining paper compliance certificates from the Department of Taxation, Federal Internal Revenue Service; Department of Labor and Industrial Relations, and Department of Commerce and Consumer Affairs.

Vendors/contractors/service providers should register with (HCE) prior to submitting an offer at https://vendors.ehawaii.gov. The annual registration fee is $12.00 and the ‘Certificate of Vendor Compliance’ is accepted for the execution of contract and final payment. Timely Registration on HCE. Vendors/contractors/service providers are advised to register on HCE soon as possible. If a vendor/contractor/service provider is not compliant on HCE at the time of award, an Offeror will not receive the award.

5.5 PROPOSAL AS PART OF THE CONTRACT

This RFP and all or part of the successful proposal may be incorporated into the contract.

5.6 PUBLIC EXAMINATION OF PROPOSALS

Except for confidential portions, the proposals shall be made available for public inspection upon posting of award pursuant to HRS §103D-701.

If a person is denied access to a State procurement record, the person may appeal the denial to the office of information practices in accordance with HRS §92F-42(12).

5.7 DEBRIEFING

Pursuant to HAR §3-122-60, a non-selected Offeror may request a debriefing to understand the basis for award. A written request for debriefing shall be made within three (3) working days after the posting of the award of the contract. The Procurement Officer or designee shall hold the debriefing within seven (7) working days to the extent practicable from the receipt date of written request. Any protest by the requestor following a debriefing, shall be filed within five (5) working days, as specified in HAR §103D-303(h).

5.8 PROTEST PROCEDURES

Pursuant to HRS §103D-701 and HAR §3-126-3, an actual or prospective Offeror who is aggrieved in connection with the solicitation or award of a contract may submit a protest. Any protest shall be submitted in writing to the Procurement Officer at: Amy Yamaguchi, Procurement Officer Department of Health Adult Mental Health Division P.O. Box 3378, Room 256 Honolulu, Hawaii 96801-3378

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A protest shall be submitted in writing within five (5) working days after the aggrieved person knows or should have known of the facts giving rise thereto; provided that a protest based upon the content of the solicitation shall be submitted in writing prior to the date set for receipt of offers. Further provided that a protest of an award or proposed award shall be submitted within five (5) working days after the posting of award or if requested, within five (5) working days after the PO’s debriefing was completed. The notice of award, if any, resulting from this solicitation shall be posted on the Hawaii Awards & Notices Data System (HANDS), which is available on the SPO website: http://hands.ehawaii.gov/hands/.

5.9 APPROVALS

Any agreement arising out of this offer may be subject to the approval of the Department of the Attorney General, and to all further approvals, including the approval of the Governor, as required by statute, regulation, rule, order, or other directive.

5.10 CONTRACT EXECUTION Successful Offeror receiving award shall enter into a formal written contract in the form

as in Exhibit B. No performance or payment bond is required for this contract. No work is to be undertaken by the Contractor prior to the effective date of contract. The

State of Hawaii is not liable for any work, contract, costs, expenses, loss of profits, or any damages whatsoever incurred by the Contractor prior to the official starting date. If an option to extend is mutually agreed upon, the Contractor shall be required to execute a supplement to the contract for the additional extension period.

5.11 INSURANCE

5.11.1 Prior to the contract start date, the Contractor shall procure at its sole expense and maintain insurance coverage acceptable to the State in full force and effect throughout the term of the Contract. The Offeror shall provide proof of insurance for the following minimum insurance coverage(s) and limit(s) in order to be awarded a contract. The type of insurance coverage is listed as follows:

1. Commercial General Liability Insurance

Commercial general liability insurance coverage against claims for bodily injury and property damage arising out of all operations, activities or contractual liability by the Contractor, its employees and subcontractors during the term of the Contract. This insurance shall include the following coverage and limits specified or required by any applicable law: bodily injury and property damage coverage with a minimum of $1,000,000 per occurrence; personal and advertising injury of $1,000,000 per occurrence; broadcasters’ liability insurance of $1,000,000 per occurrence; and with an aggregated limit of $2,000,000. The commercial general liability policy shall be written on an occurrence basis and the policy shall provide legal defense costs and expenses in addition to the limits of liability stated above. The Contractor shall be responsible for payment of any deductible applicable to this policy.

38 RFP No. HTH 420-5-21

2. Automobile Liability Insurance

Automobile liability insurance covering owned, non-owned, leased, and hired vehicles with a minimum of $1,000,000.00 for bodily injury for each person, $1,000,000 for bodily injury for each accident, and $1,000,000.00 for property damage for each accident.

3. Appropriate levels of per occurrence insurance coverage for workers’

compensation and any other insurance coverage required by Federal or State law.

4. Professional Liability / Error & Omissions insurance issued by an insurance company with a minimum of $1,000,000.00 for liability arising out of each claims-made basis and not less than $3,000,000.00 in the aggregate annually

5.11.2 The Contractor shall deposit with the AMHD, on or before the effective date of

the Contract, certificate(s) of insurance necessary to satisfy the AMHD that the provisions of the Contract have been complied with, and to keep such insurance in effect and provide the certificate(s) of insurance to the AMHD during the entire term of the Contract. Upon request by the AMHD, the Contractor shall furnish a copy of the policy or policies.

5.11.3 The Contractor will immediately provide written notice to the AMHD and

contracting department or agency should any of the insurance policies evidenced on its Certificate of Insurance form be cancelled, limited in scope, or not renewed up expiration.

5.11.4 The certificates of insurance shall contain the following clauses:

1. “The State of Hawaii is added as an additional insured as respects to operations performed for the State of Hawaii.”

2. “It is agreed that any insurance maintained by the State of Hawaii will

apply in excess of, and not contribute with, insurance provided by this policy.”

5.11.5. Failure of the Contractor to provide and keep in force such insurance shall

constitute a material default under the Contract, entitling the State to exercise any or all of the remedies provided in the Contract (including without limitation terminating the Contract). The procuring of any required policy or policies of insurance shall not be construed to limit the Contractor’s liability hereunder, or to fulfill the indemnification provisions of the Contract. Notwithstanding said policy or policies of insurance, the Contractor shall be responsible for the full and total amount of any damage, injury, or loss caused by the Contractor’s negligence or neglect in the provision of services under the Contract.

5.12 CONTRACT INVALIDATION If any provision of this contract is found to be invalid, such invalidation will not be

construed to invalidate the entire contract.

39 RFP No. HTH 420-5-21

SECTION SIX

SPECIAL PROVISIONS

6.1 OFFER GUARANTY

A proposal security deposit is NOT required for this RFP. 6.2 INTELLECTUAL PROPERTY RIGHTS The State reserves the right to unlimited, irrevocable, worldwide, perpetual, royalty-free,

non-exclusive licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the work product, and to transfer the intellectual property to third parties for State purposes.

6.3 PREFERENCES (include as applicable)

a. HAWAII PRODUCTS PREFERENCE In accordance with HRS §103D-1002, the Hawaii products preference is applicable to this solicitation. Hawaii Products [are / may be] available for those items noted on the offer form. The Hawaii products list is available on the SPO webpage at http://hawaii.gov/spoOfferor submitting a Hawaii Product (HP) shall identify the HP on the solicitation offer page(s). Any person desiring a Hawaii product preference shall have the product(s) certified and qualified if not currently on the Hawaii products list, prior to the deadline for receipt of offer(s) specified in the procurement notice and solicitation. The responsibility for certification and qualification shall rest upon the person requesting the preference.

Persons desiring to qualify their product(s) not currently on the Hawaii product list shall complete form SPO-038, Certification for Hawaii Product Preference and submit to the Procurement Officer issuing the solicitation (IFB or RFP), and provide all additional information required by the Procurement Officer. For each product, one form shall be completed and submitted (i.e. 3 products should have 3 separate forms completed). Form SPO-038 is available on the SPO webpage at http://hawaii.gov/spo under the ‘Toolbox’ menu; click on ‘SPO Forms.’

When a solicitation contains both HP and non-HP, then for the purpose of selecting the lowest bid or purchase price only, the price offered for a HP item shall be decreased by subtracting 10% for the class I or 15% for the class II HP items offered, respectively. The lowest total offer, taking the preference into consideration, shall be awarded the contract unless the offer provides for additional award criteria. The contract amount of any contract awarded, however, shall be the amount of the price offered, exclusive of the preferences.

Change in Availability of Hawaii product. In the event of any change that materially alters the Offeror’s ability to supply Hawaii products, the Offeror shall notify the procurement officer in writing no later than five working days from when the Offeror knows of the change and the parties shall enter into discussions for the purposes of revising the contract or terminating the contract for convenience.

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b. SOFTWARE DEVELOPMENT BUSINESSES PREFERENCE Subchapter 5, Chapter 3-124, HAR, provides that: The preference shall apply to all bids or offers issued by a purchasing agency when so stated in the solicitation. Bids issued by a governmental agency pursuant to Section 103D-301, HRS, shall contain a notice stating that a price preference will be given to Hawaii software development businesses. This price preference will be ten per cent of the bid price, and will be used for bid evaluation. Bidders requesting a preference shall submit a completed certification form, as required by Section 3-124-33, with each bid. Previous certifications shall not apply unless allowed by the bid. Any bidder who fails to indicate that it is a Hawaii software development business will be presumed to be a non-Hawaii software development business and the bidder’s proposal will be increased by ten per cent for purposes of evaluation. Where a bid or purchase contains both Hawaii software development businesses and non-Hawaii software development businesses, than for the purpose of determining the lowest evaluated bid, the original bid price for the non-Hawaii software development businesses shall be increased by ten per cent. The responsible bidder submitting the lowest evaluated bid(s), taking into consideration all applicable preferences shall be awarded the contract, provided the product being offered meets the minimum bid specifications. The contract amount of any contract awarded shall be the original bid price offered, exclusive of any preferences.

6.4 CERTIFICATION OF OFFEROR CONCERNING WAGES, HOURS AND WORKING CONDITIONS OF EMPLOYEES SUPPLYING SERVICES (include as applicable) All Offerors for service contracts shall comply with section 103-55, Hawaii Revised Statutes, which provides as follows: Wages, hours, and working conditions of employees of CONTRACTOR supplying services: Before any prospective Offeror is entitled to submit any offer for the performance of any contract to supply services in excess of $25,000 to any governmental agency, Offeror shall certify that the services to be performed will be performed under the following conditions: Wages: The services to be rendered shall be performed by employees paid at wages or salaries not less than the wages paid to public officers and employees for similar work. Compliance with labor laws: All applicable laws of the Federal and State governments relating to workers compensation, unemployment compensation, payment of wages, and safety will be fully complied with.

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No contract to perform services for any governmental contracting agency in excess of $25,000 shall be granted unless all the conditions of this section are met. Failure to comply with the conditions of this section during the period of the contract to perform services shall result in cancellation of the contract. It shall be the duty of the governmental contracting agency awarding the contract to perform services in excess of $25,000 to enforce this section. This section shall apply to all contracts to perform services in excess of $25,000, including contracts to supply ambulance service and janitorial service. This section shall not apply to:

(1) Managerial, supervisory, or clerical personnel.

(2) Contracts for supplies, materials, or printing.

(3) Contracts for utility services.

(4) Contracts to perform personal services under paragraphs (2), (3), (12), and (15) of section 76-16, paragraphs (7), (8), and (9) of section 46-33, and paragraphs (7), (8), and (12) of section 76-77, Hawaii Revised Statutes, (HRS).

(5) Contracts for professional services.

(6) Contracts to operate refreshment concessions in public parks, or to

provide food services to educational institutions.

(7) Contracts with nonprofit institutions.

42 RFP No. HTH 420-5-21

SECTION SEVEN

ATTACHMENTS AND EXHIBITS

• Attachment 1: OFFER FORM, OF-1 • Attachment 2: OFFER FORM, OF-2 • Exhibit A: GENERAL PROVISIONS • Exhibit B: CONTRACT FORM and AG GENERAL CONDITIONS • Exhibit C: OVERVIEW OF THE RFP PROCESS • Exhibit D: PROPOSAL SUBMITTAL CHECKLIST

ATTACHMENT 1 OFFER FORM OF-1 RFP HTH 420-5-21

OFFER FORM OF-1

ELECTRONIC MEDICAL RECORD SYSTEM

STATE OF HAWAII DEPARTMENT OF HEALTH

RFP HTH 420-5-20 Procurement Officer Adult Mental Health Division State of Hawaii, Department of Health P.O. Box 3378 Honolulu, Hawaii 96813 Dear Procurement Officer: The undersigned has carefully read and understands the terms and conditions specified in the Specifications and Special Provisions attached hereto, and in the General Conditions, by reference made a part hereof and available upon request; and hereby submits the following offer to perform the work specified herein, all in accordance with the true intent and meaning thereof. The undersigned further understands and agrees that by submitting this offer, 1) he/she is declaring his/her offer is not in violation of Chapter 84, Hawaii Revised Statutes, concerning prohibited State contracts, and 2) he/she is certifying that the price(s) submitted was (were) independently arrived at without collusion. Offeror is: Sole Proprietor Partnership *Corporation Joint Venture Other *State of incorporation: Hawaii General Excise Tax License I.D. No. Federal I.D. No. Payment address (other than street address below): City, State, Zip Code: Business address (street address): City, State, Zip Code: Respectfully submitted: Date: (x) Authorized (Original) Signature Telephone No.: Fax No.: Name and Title (Please Type or Print) E-mail Address: ** Exact Legal Name of Company (Offeror) **If Offeror is a “dba” or a “division” of a corporation, furnish the exact legal name of the corporation under which the awarded contract will be executed:

ATTACHMENT 2 OFFER FORM OF-2 RFP No. HTH 420-5-21

OFFER FORM OF-2

Total contract cost for accomplishing the development and delivery of the services. $ Note: Pricing shall include labor, materials, supplies, all applicable taxes, and any other costs incurred to provide the specified services. Offeror Name of Company

General Provisions (Updated 4/2013)

Exhibit A 1 RFP No. HTH 420-5-21

GENERAL PROVISIONS

FOR

GOODS AND SERVICES

HAWAII REVISED STATUTES (HRS) CHAPTER 103D

Attached are the General Provisions, dated April 2013 which are made a part of all offers in response to the solicitation for goods and services. These provisions are in addition to the special provisions provided in the individual solicitations.

Offerors are cautioned to read and understand all the terms and conditions contained in the General Provisions as these provisions will also be made part of the contract for goods and services.

General Provisions (Updated 4/2013)

2

GENERAL PROVISIONS FOR

GOODS AND SERVICES

TABLE OF CONTENTS

PAGE NO.

1. DEFINITION OF TERMS .............................................................................................. 3-5

2. COMPETENCY OF OFFEROR ....................................................................................... 5

3. OFFER INCORPORATES SOLICITATION ..................................................................... 6

4. PREPARATION OF OFFER ............................................................................................ 6

5. LATE OFFERS, LATE WITHDRAWALS, AND LATE MODIFICATIONS.......................... 6

6. DISQUALIFICATION OF OFFERORS .......................................................................... 6-7

7. IRREGULAR OFFERS .................................................................................................... 7

8. STANDARDS OF CONDUCT .......................................................................................... 7

9. CAMPAIGN CONTRIBUTIONS BY STATE AND COUNTY CONTRACTORS .............. 7-8

10. ACCEPTANCE OF OFFER ............................................................................................. 8

11. EXECUTION OF CONTRACT ...................................................................................... 8-9

12. CONTRACT BOND ......................................................................................................... 9

13. FAILURE TO EXECUTE CONTRACT ............................................................................. 9

14. RETURN OF OFFER GUARANTIES ............................................................................... 9

15. PAYMENT .................................................................................................................. 9-10

16. DELIVERY EXTENSIONS ............................................................................................. 10

17. PERSONAL LIABILITY OF PUBLIC OFFICIALS ........................................................... 10

General Provisions (Updated 4/2013)

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1. DEFINITIONS OF TERMS Terms as used in these General Provisions, unless the context requires otherwise, shall have the following meaning:

a. BID Bid means any offer submitted in competitive sealed bidding or in the second phase of multi-step bidding.

b. BID PROPOSAL GUARANTY OR SECURITY The security when required, furnished by an offeror with his offer to ensure that the offeror will enter into the contract with the STATE and execute the required contract and payment bonds covering the work contemplated, if his offer is accepted.

c. CONTRACT Contract means the combination of the solicitation, including the instructions to offerors, the specifications or scope of work, the special provisions, and the general terms and conditions; the offer and any best and final offers; and any amendments to the solicitation or to the contract; and any terms implied by law.

d. CONTRACT BOND

The approved form of security furnished by the CONTRACTOR and his surety or sureties or by the CONTRACTOR alone, to ensure completion and satisfactory performance of the contract in accordance with the terms of the contract and to guarantee full payment of all claims for labor, materials and supplies furnished, used or incorporated in the work.

e. CONTRACTOR An individual, partnership, firm, corporation, joint venture or other legal entity undertaking the execution of work under the terms of the contract with the STATE and acting directly or through his, their or its agents, employees or sub-contractors.

f. DAYS Days mean calendar days unless otherwise specified.

g. GENERAL CONDITIONS General Conditions issued by the Department of the Attorney General of the State of Hawaii, referred to as Form AG-008, as revised, and included in solicitations by reference. The applicable revised Form AG-008, which is included by reference, is the form dated and in effect at the date the solicitation is issued.

h. GENERAL PROVISIONS General Provisions are standard terms and conditions.

i. HAR Hawaii Administrative Rules

General Provisions (Updated 4/2013)

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j. HEAD OF THE PURCHASING AGENCY The head of any agency with delegated procurement authority by law or from a

chief procurement officer of this STATE to enter into and, administer contracts. k. HRS

Hawaii Revised Statutes

l. IFB Invitation for Bids

m. OFFER An offer means a bid or proposal as defined in sections 1a and 1p, in response to any solicitation.

n. OFFEROR Any individual, partnership, firm, corporation, joint venture or other legal entity, submitting directly or through a duly authorized representative or agent, an offer for the work or services contemplated in response to a solicitation as defined in 1s.

o. PROCUREMENT OFFICER Procurement officer means the person with procurement delegation duly authorized to enter into and administer contracts and make written determinations with respect to the contract. The term includes an authorized representative acting within the limits of authority. The delegated authority is received from the chief procurement officer directly or through the head of a purchasing agency or designee to the procurement officer.

p. PROPOSAL A proposal means any offer submitted in response to any solicitation, except a bid as defined in section 1a.

q. PURCHASING AGENCY Purchasing agency means any governmental body which is authorized by law or rules, or by way of delegation to enter into contracts for procurement of goods, services, or construction.

r. RFQ

Request for Quotes s. RFP

Request for Proposals

t. SOLICITATION Solicitation means an invitation for bids (“IFB”), used in the competitive sealed bidding process, a request for quotes (“RFQ”) used in the small purchases process, or a request for proposals (“RFP”), used in the competitive sealed

General Provisions (Updated 4/2013)

5

proposal process for the purpose of obtaining quotes, bids or proposals to perform a STATE contract.

u. SPECIAL PROVISIONS The terms and conditions pertaining to the specific solicitation in which they are contained and in addition to these General Provisions; including but not limited to terms and conditions describing the preparation of solicitations, evaluation of offers, determination of award, plus those applicable to performance by the CONTRACTOR. Additions or revisions to the General Provisions, which shall be considered a part of the General Provisions, setting forth conditions or requirements applicable to the particular project or contract under consideration shall be included in the Special Provisions. Should any Special Provisions conflict with these General Provisions, said Special Provisions shall govern.

v. SPECIFICATIONS A description of what the purchasing agency requires and, consequently, what an offeror must offer to be considered for award.

w. STATE STATE means the remaining departments of the executive branch and all governmental bodies administratively attached to it, excluding the judiciary, the legislature, the department of education, University of Hawaii, the division of community hospitals, and the office of Hawaiian affairs, except where specifically included in any particular solicitation.

x. SURETY The individual, firm, partnership or corporation other than the CONTRACTOR, which executes a bond with and for the CONTRACTOR to ensure the CONTRACTOR’s acceptable performance of the contract.

y. WORK The furnishing by the CONTRACTOR of all labor, services, materials, equipment, and other incidentals necessary for the satisfactory performance of the contract.

2. COMPETENCY OF OFFEROR

Prospective offeror must be capable of performing the work for which offers are being called. Either before or after the deadline for an offer, the purchasing agency may require offeror to submit answers to questions regarding facilities, equipment, experience, personnel, financial status or any other factors relating to the ability of the offeror to furnish satisfactorily the goods or services being solicited by the STATE. Any such inquiries shall be made and replied to in writing; replies shall be submitted over the signatures of the person who signs the offer. Any offeror who refuses to answer such inquiries will be considered non-responsive.

The purchasing agency reserves the right to visit an offeror’s place of business to inspect its facilities and equipment and to observe its methods of operation in order to facilitate evaluation of performance capabilities.

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3. OFFER INCORPORATES SOLICITATION

The solicitation, including the AG’s General Conditions, Specifications, General Provisions and any Special Provisions, and other documents referenced in or attached to the solicitation shall be considered a part of the offer whether attached to the solicitation or not at the time of its submission. Such documents shall not be altered in any way when the proposal is submitted and any alterations so made by the offeror may be cause for rejection of the offer.

4. PREPARATION OF OFFER

An offeror may submit only one offer in response to a solicitation. If an offeror submits more than one offer in response to a solicitation, then all such offers shall be rejected. Similarly, an offeror may submit only one offer for each line item (if any) of a solicitation. If an offeror submits more than one offer per line item, then all offers for that line item shall be rejected.

Competing subsidiary or jointly-owned companies may submit bids or proposals and these may be accepted for evaluation and award if such companies submit with their bids or proposals a certificate of non-collusion, sworn to before a notary, which acknowledges that the offer is without collusion.

Unless otherwise specified in the solicitation, all prices shall include applicable Federal, state and local taxes. Any illegible or otherwise unrecognizable price offer shall cause automatic rejection of the offer.

Offers submitted in response to an IFB or RFP shall be signed in ink in the space provided on the bid or proposal page by (1) the owner of a sole proprietorship, (2) one or more members of a partnership, (3) one or more members or officers of each firm representing a joint venture, (4) one or more officers of a corporation, or (5) an agent of the offeror duly authorized to submit offers on the offeror’s behalf.

5. LATE OFFERS, LATE WITHDRAWALS, AND LATE MODIFICATIONS

Any notice of withdrawal, notice of modification of an offer with the actual modification, or any offer received at the place designated for receipt and opening of an offer after the time and date set for receipt and opening of offers is late. A late offer, late modification, or late withdrawal shall not be considered late if received before contract award and would have been timely but for the action or inaction of personnel within the procurement activity. A late offer or late modification that will not be considered for award shall be returned to the bidder unopened as soon as practicable and accompanied by a letter from the procurement activity stating the reason for its return. A late withdrawal request shall be responded to with a statement of the reason for non-acceptance of the withdrawal.

6. DISQUALIFICATION OF OFFERORS

An offeror shall be disqualified and his offer automatically rejected for any one of the following reasons: proof of collusion, in which case, all offers involved in the collusive action will be rejected and any participant to such collusion will be barred from future solicitations until reinstated; or offeror’s delivery of the offer after the deadline specified in the public notice calling for offers, or as amended, except as allowed in Section 3-122-29 (1), HAR.

An offeror may be disqualified and his offer rejected for any one or more of the following

General Provisions (Updated 4/2013)

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reasons: offeror’s lack of responsibility and cooperation as shown by past work or services; offeror’s being in arrears on existing contracts with the STATE or having defaulted on previous contracts; offeror’s lack of proper equipment and/or sufficient experience to perform the work contemplated; offeror does not possess proper license to cover the type of work contemplated, if required; or offeror’s failure to pay, or satisfactorily settle, all bills overdue for labor and material on former STATE contracts at the time of issuance of solicitation.

7. IRREGULAR OFFERS

Offers will be considered irregular and shall be rejected for the following reasons including but not limited to the following: if the offer is unsigned by the offeror, unless otherwise specified in the solicitation; if the required offer guaranty received separately from the offer is not identifiable as guaranty for a specific offer, or is received after the date and time set for the opening; if the required offer guaranty is not in accordance with the solicitation; if the offeror or surety fails to sign the surety bond submitted as offer guaranty; if offeror fails to use the surety bond form furnished by the STATE or identical wording contained in the said form when submitting a surety bond as proposal guaranty; if the offer shows any non-compliance with applicable law or contains any unauthorized additions or deletions, conditioned, incomplete, or irregular or is in anyway making the proposal incomplete, indefinite, or ambiguous as to its meaning; or unbalanced offers in which the price for any item is obviously out of proportion to the prices for other items.

8. STANDARDS OF CONDUCT

All offerors should be certain that their offer is not in violation of HRS §84-15. This section provides as follows:

a. A state agency shall not enter into any contract to procure or dispose of goods or services, or for construction, with a legislator, an employee, or a business in which a legislator or an employee has a controlling interest, involving services or property of a value in excess of $10,000 unless:

(1) The contract is awarded by competitive sealed bidding pursuant to section 1O3D-3O2;

(2) The contract is awarded by competitive sealed proposal pursuant to section 103D-3O3; or

(3) The agency posts a notice of its intent to award the contract and files a copy of the notice with the state ethics commission at least ten days before the contract is awarded.

b. A state agency shall not enter into a contract with any person or business which is represented or assisted personally in the matter by a person who has been an employee of the agency within the preceding two years and who participated while in state office or employment in the matter with which the contract is directly concerned.

9. CAMPAIGN CONTRIBUTIONS BY STATE AND COUNTY CONTRACTORS

Unless otherwise specified in the solicitation, a legislative body has appropriated the funds for this contract. Therefore, if awarded a contract in response to this solicitation, offeror agrees to comply

General Provisions (Updated 4/2013)

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with Section 11-205.5, HRS, which states that campaign contributions are prohibited from a State and county government contractor during the term of the contract if the contractor is paid with funds appropriated by a legislative body.

10. ACCEPTANCE OF OFFER

a. Acceptance of offer, if any, will be made within sixty calendar days after the opening of offers, and the prices quoted by the offeror shall remain firm for the sixty-day period. Unless otherwise provided, each individual item or group of items will be awarded to the responsive and responsible offeror whose offer complies with all the solicitation requirements. In determining the responsive and responsible offeror, offers will be evaluated not only on the amounts thereof, but on all factors relating to the satisfactory performance of the contract. Products or servicing capabilities must be of a quality and nature that will meet the needs and purposes of the intended use and must conform to all requirements prescribed in the specifications. The offeror must have the ability to perform as called for in the contract terms. The STATE shall be the sole judge of product or vendor capability. The successful vendor will be notified by letter that the offer has been accepted and that the vendor is being awarded the contract.

b. If the offer is rejected or if the vendor to whom the contract was awarded fails to enter into the contract and furnish satisfactory security, if applicable, the purchasing agency may, at their discretion, award the contract to the next lowest or remaining responsible offeror or may publish another call for offers; provided in the case of only one remaining responsible offeror, the head of a purchasing agency may negotiate with such bidder to reduce the scope of work, if available funds are exceeded, and to award the contract at a price which reflects the reduction in the scope of work.

c. The head of a purchasing agency further reserves the right to cancel the contract award at any time prior to execution of said contract by all parties, without any liability to the awardee and to any other offeror.

11. EXECUTION OF CONTRACT

The following subsections shall not apply to any contract in which the total amount payable to the CONTRACTOR cannot be accurately estimated at the time the contract is to be awarded:

a. In cases where the contract award equals or exceeds the dollar level specified in Section 103D-305, HRS, the STATE shall forward a formal contract to the successful offeror for execution. The contract shall be signed by the successful vendor and returned, together with a satisfactory contract bond if required, and other supporting documents, within ten days after receipt by the vendor or within such further time as the procurement officer may allow.

b. No such contract shall be considered binding upon the STATE until the contract has been fully and properly executed by all the parties thereto and the State Comptroller has, in accordance with Section 103D-309, HRS, endorsed thereon a certificate that there is an appropriation or balance of an appropriation over and above all outstanding contracts, sufficient to cover the amount required by the contract; with the exception of a multi-term contract, whereby, the State Comptroller shall only be required to certify that there is an appropriation or balance of an appropriation over and above all outstanding contracts, that is sufficient to cover the amount required to be paid under the contract during the fiscal year or remaining portion of the fiscal year of each term of the multi-year contract.

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c. Pursuant to the Attorney General’s General Conditions (AG-008, as revised), Section 18, in any contract involving not only STATE but supplemental funds from the Federal government, this section shall be applicable only to that portion of the contract price as is payable out of STATE. As to the portion of the contract price as is expressed in the contract to be payable out of Federal funds, the contract shall be construed to be an agreement to pay the portion to the CONTRACTOR, only out of Federal funds to be received from the Federal government. This subsection shall be liberally construed so as not to hinder or impede the STATE in contracting for any project involving financial aid from the Federal government.

12. CONTRACT BOND

a. The requirement for contract performance and payment bonds, if any, shall be stated in the Special Provisions of the solicitation.

b. When required by the Special Provisions, a performance bond and a payment bond shall be delivered by the CONTRACTOR to the STATE at the same time the executed contract is delivered. Each amount of the performance and payment bonds shall not exceed fifty per cent of the amount of the contract price; provided, for contracts where contract price cannot be determined at the time of award, the amounts of the bonds shall be as stated in the solicitation. ‘

c. The acceptable performance and payment bonds are the same as the acceptable bid or proposal security deposit specified in Section 7. If a surety bond is submitted for either the performance or payment bond, in addition to the form prescribed, a power of attorney for the surety’s attorney-in-fact executing the bond shall be provided.

13. FAILURE TO EXECUTE CONTRACT

If the offeror to whom a contract is awarded shall fail or neglect to enter into the contract, and to furnish satisfactory security as required by Section 30 within ten days after such award or within such further time as the procurement officer may allow, the purchasing agency shall pay the amount of offeror’s proposal guaranty, as required under Section 7, into the State Treasury as a realization of the STATE. The procurement officer may thereupon award the contract to the next lowest responsible offeror or may call for new offers, whichever method he may deem is in the best interest of the STATE.

14. RETURN OF OFFER GUARANTIES

All offer guaranties submitted as required by subchapter 24, chapter 3-122, HAR, shall be retained until the successful offeror enters into contract and furnishes satisfactory security or if the contract is not awarded or entered into, until the procurement officer’s determination is made to cancel the solicitation. At such time, all offer guaranties, except surety bonds, will be returned.

15. PAYMENT

Section 103-10, HRS, provides that the State shall have thirty (30) calendar days after receipt of invoice or satisfactory completion of contract to make payment. For this reason, the State will reject any bid submitted with a condition requiring payment within a shorter period. Further, the State will reject any bid submitted with a condition requiring interest payments greater than that allowed by §103-10, HRS, as amended.

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The State will not recognize any requirement established by the Contractor and communicated to the State after award of the contract, which requires payment within a shorter period or interest payment not in conformance with statute.

16. DELIVERY EXTENSIONS

In the case of contracts for the purchase of goods, the delivery date or the maximum number of days for delivery will be specified by the STATE in its solicitation requirements, and all goods must be delivered with the time specified. However, the CONTRACTOR will not be held responsible for delay due to fire, flood, riot, labor disturbances, war, shortage of transportation, act of God or other reason beyond his control, provided that he notifies the STATE of such delay and the reason therefore as soon as practicable after its occurrence and requests extension prior to the specified date of delivery. Requests for extension of time shall be accompanied by documents such as the CONTRACTOR’s purchase order, manufacturer’s acknowledgement, shipping manifest, and any other documents substantiating that the causes for delay were beyond the control of the CONTRACTOR. The STATE shall be the sole judge of whether such delay is truly beyond the control of the CONTRACTOR and whether extension will be granted. The STATE reserves the right to terminate the contract or to assess liquidated damages, if provided for in the contract, for delays not covered by specific authorized extension.

17. PERSONAL LIABILITY OF PUBLIC OFFICIALS

In carrying out any of the provisions of the contract or in exercising any power or authority granted to them by the contract, there shall be no liability upon the procurement officer or his authorized representatives, either personally or as officials of the STATE, it being understood that in such matters, they act solely as agents and representatives of the STATE.

EXHIBIT C RFP No. HTH 420-5-21

OVERVIEW OF THE RFP PROCESS

5.1 The RFP is issued pursuant to Subchapter 6 of HAR Chapter 3-122, implementing HRS §103D-303. 5.2 The procurement process begins with the issuance of the RFP and the

formal response to any written questions or inquiries regarding the RFP. Changes to the RFP will be made only by Addendum.

5.3 Proposals shall be received on HePS. The register of proposals and Offerors’ proposals shall be open to public inspection after posting of the award. All proposals and other material submitted by Offerors become the property of the State and may be returned only at the State’s option. 5.4 The Procurement Officer, or an evaluation committee approved by the

Procurement Officer, shall evaluate the proposals in accordance with the evaluation criteria in Section Four.

5.5 Proposals may be accepted on evaluation without discussion. However, if

deemed necessary, prior to entering into discussions, a "priority list" of responsible Offerors submitting acceptable and potentially acceptable proposals shall be generated. The priority list may be limited to a minimum of three responsible Offerors who submitted the highest-ranked proposals. The objective of these discussions is to clarify issues regarding the Offeror’s proposal before the BAFO is tendered.

5.6 If during discussions there is a need for any substantial clarification or

change in the RFP, the RFP shall be amended by an addendum to incorporate such clarification or change. Addenda to the RFP shall be distributed only to priority listed Offerors who submit acceptable or potentially acceptable proposals.

5.7 Following any discussions, Priority Listed Offerors will be invited to submit

their BAFO, if required. The Procurement Officer or an evaluation committee reserves the right to have additional rounds of discussions with the top three (3) Priority Listed Offerors prior to the submission of the BAFO.

5.8 The date and time for Offerors to submit their BAFO, if any, is indicated in

Section 1.4, RFP Schedule and Significant Dates. If Offeror does not submit a notice of withdrawal or a BAFO, the Offeror’s immediate previous offer shall be construed as its BAFO.

5.9 After receipt and evaluation of the BAFOs in accordance with the

evaluation criteria in Section Four, the Procurement Officer or an evaluation committee will make its recommendation. The Procurement Officer will award the contract to the Offeror whose proposal is determined

EXHIBIT C RFP No. HTH 420-5-21

to be the most advantageous to the State taking into consideration price and the evaluation factors set forth in Section Four.

5.10 The contents of any proposal shall not be disclosed during the review,

evaluation, or discussion. Once award notice is posted, all proposals, successful and unsuccessful, become available for public inspection. Those sections that the Offeror and the State agree are confidential and/or proprietary should be identified by the Offerors and shall be excluded from access.

5.11 The Procurement Officer or an evaluation committee reserves the right to

determine what is in the best interest of the State for purposes of reviewing and evaluating proposals submitted in response to the RFP. The Procurement Officer or an evaluation committee will conduct a comprehensive, fair and impartial evaluation of proposals received in response to the RFP.

5.12 The RFP, any addenda issued, and the successful Offeror's proposal shall

become a part of the contract. All proposals shall become the property of the State of Hawaii.