175671756RFP
175671756RFP
175671756RFP
RELEASED ON:
September 9, 2011
DUE ON:
September 20, 2011
2:00 PM
TABLE OF CONTENTS
INTRODUCTION 1.0
Purpose of Procurement 1.1
Overview of Procurement Process 1.2
Issuing Officer 1.3
RFP Questions and Answers 1.4
Restrictions on Communications With Staff 1.5
Schedule of Events 1.6
Contract Term 1.7
Acronyms and Definitions 1.8
BACKGROUND 2.0
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Evaluation Criteria 5.3
Assigning Point Value to Technical Proposals 5.4
Phase 3 - Evaluation of Cost Proposals 5.5
Phase 4 - Ranking of Proposals 5.6
Selection 5.7
Appendices:
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APPENDIX N REFERENCE MATERIAL
APPENDIX O PERFORMANCE GUARANTEES
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1.0 INTRODUCTION
The Successful Offeror in this procurement will work as a collaborative partner with the Georgia
Department of Community Health (DCH) and its associated partners in the development,
implementation, management and evaluation of a statewide awareness and social marketing
campaign in support of its initiative to address health information technology in Georgia. The
selected firm will provide value to DCH based on their innovative and creative problem-solving,
industry/market experience, skillful use of both traditional and interactive marketing, excellent
customer service, timely reporting and fiscal responsibility.
Please see Description of Requirements, Section 3.0, for specific details about the work to be
performed pursuant to this RFP.
The category of services requested in this Request for Proposal, 91503, Advertising/Public
Relations, are exempt from procurement per Chapter 1, Section 1.2.4 Exempt Goods/Services by
NIGP Code, of the Georgia Department of Administrative Services Georgia Procurement
Manual. However, due to the complex nature of this project, DCH has decided to conduct an
internal procurement to ensure that DCH has obtained the best value for the services required.
This procurement shall be a negotiated, solution-based procurement. Offeror’s proposals will be
evaluated using the numerical method to determine the best value for the State in this
procurement.
Please Note: DCH has identified five (5) Mandatory Requirements for this procurement.
Offerors must meet all five Mandatory Requirements in order to be considered for evaluation.
The Five Mandatory Requirements are:
1.2.2 Offeror must agree to furnish a Payment Bond to secure payment of all claims for
materials furnished and/or labor performed by a subcontractor in the event one or
more subcontractors are utilized by the awarded Offeror in performance of the
project and must comply with all requirements identified in paragraph 6.13 of the
RFP;
1.2.3 Offeror must furnish and maintain all required insurance identified in paragraph
6.12 of the RFP;
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1.2.4 Offeror must execute and submit a Proposal Certificate (contained at Appendix A
to this RFP); and
1.2.5 Offeror must be located within two hours traveling time of metropolitan Atlanta,
Georgia in order to meet with the HIT staff as required.
Offerors will indicate their ability to meet these mandatory requirements by completing
Appendix C to this RFP, Mandatory Requirements Form.
Potential Offerors should note that the DCH reserves the right to withdraw or cancel this
procurement at any time prior to the issuance of a Notice of Award.
Company Name
Question #1 Question, Citation of relevant section of the RFP
Question #2 Question, Citation of relevant section of the RFP
1.4.3 An Addendum to the RFP with the answers to written questions will be available
only on the DCH website in accordance with the timeframes indicated in Section
1.6, Schedule of Events. No response other than written will be binding upon the
State.
1.4.4 Any questions received after the deadline for written questions may or may not be
answered by DCH. Any additional questions answered will be posted to the
website where the RFP document is located in the form of an Addendum.
Offerors are reminded and encouraged to check this website daily for any
changes to the RFP.
From the issue date of this RFP until a successful Offeror is selected and the selection is
announced, Offerors are not allowed to communicate, for any reason, with any State staff
regarding this particular procurement, except through the Issuing Officer named herein. For
violation of this provision, the DCH shall reserve the right to reject the proposal of the offending
Offeror.
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1.6 Schedule of Events
The initial term of the contract shall be from the date of award until the end of the State’s current
fiscal year, June 30, 2012. The State’s fiscal year is from July 1st through June 30th. DCH shall
have two (2) options to renew the contract for up to one (1) fiscal year each, which options shall
be exercisable at the sole discretion of DCH. The contract may be amended in writing from time
to time by mutual consent of the parties.
2.0 BACKGROUND
The Georgia Department of Community Health (DCH) was created in 1999 with the
responsibility for insuring over two million people in the state of Georgia to maximize the
State’s health care purchasing power and to coordinate health planning for State agencies. DCH
is designated as the “single State agency” for the administration of the Medicaid program under
Title XIX of the Social Security Act.
The Office of Health Information Technology (OHIT) within DCH is responsible for leading the
strategic efforts of the state of Georgia for health information technology adoption and health
information exchange use to improve health care delivery for patients and increased efficiencies
for providers.
Among Georgia’s key HIT initiatives, Georgia Medicaid is participating in the Centers for
Medicare and Medicaid Services’ (CMS) Electronic Health Records (EHR) Incentive
Program. This Program will provide incentive payments to Eligible Professionals and Eligible
Hospitals including critical access hospitals (CAHs) and children’s hospitals, as they adopt,
implement, upgrade or demonstrate meaningful use of certified EHR technology.
In collaboration with the Georgia Health Information Exchange, Inc. (GHIE), a non-profit
501(c)(3) corporation, and the Georgia Health Information Technology Regional Extension
Center (GA-HITREC), DCH is leading the development of the Georgia statewide Health
Information Exchange (HIE). Georgia’s mission is to provide an HIE that is trusted and valued
by all stakeholders such as medical providers, health systems, clinics, health plans, patients,
employers, medical laboratories, and pharmacies, in order to improve health care coordination,
eliminate inefficiencies, and create a solid foundation for long-term financial sustainability.
DCH is focused on a phased implementation of exchange capabilities throughout the existing
networks as well as for those providers unable to currently transmit or retrieve secure
information. This flexible approach will accommodate the planned hybrid federated data model
that builds upon accepted standards for data representation, exchange, privacy, and security.
When fully developed, the statewide HIE architecture will be capable of connecting more than
150 acute care hospitals and 2,000 physician practices throughout Georgia, as well as other
participants, such as health plans and employers.
1. Georgia will operate under the Orchestrator HIE model to enable meaningful use by
connecting local exchange activities with a thin layer of statewide infrastructure. This model
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will:
• Knit local/regional HIEs into a statewide fabric by using common technology and policy
framework;
• Utilize a “fill-in-the-gaps” approach to provide services to under-served and unserved
participants; and
• Leverage existing regional HIT investments and initiatives.
2. Georgia will produce a trust architecture driven by requirements based on national HIT
standards and other inputs. This architecture will:
In November of 2010, DCH and the Georgia Cancer Coalition (GCC) partnered to submit a
proposal for a U.S. Department of Health and Human Services Challenge Grant to supplement
DCH’s Cooperative Agreement. The award was made to DCH and GCC in February 2011.
The purpose of this Challenge Grant is to create a Consumer Mediated Health Information
Exchange in Rome, Georgia and surrounding areas to connect the Harbin Clinic, Floyd
Medical Center, and Redmond Hospital and their cancer patients in order to empower these
patients to manage and control medical information, receive test results, communicate
treatment options and outcomes, and to convey other pertinent information.
Finally, DCH is also leading the development and implementation of other Medicaid related
initiatives such as the conversion and readiness of 5010 and ICD-10 Code Sets, and a new
electronic Medicaid Eligibility System. While these initiatives are not the focus of this
RFP, it is important for the Successful Offeror to be aware of these related programs in
order to develop an effective HIT campaign.
Target Audience
The advertising and public relations outreach activities provided by the Successful Offeror will
be directed towards the following stakeholders:
3.1 Introduction
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DCH has established certain requirements with respect to proposals to be submitted by Offerors:
There are five (5) Mandatory Requirements for this Request For Proposal contained at Appendix
C to the RFP. Failure to answer “Yes” on any of these requirements will result in no further
evaluation of the Offeror’s Technical Proposal.
Whenever the terms "can", "may", "should", "shall", "will", or "is required" are used in the RFP,
the specification being referred to is a highly desirable requirement of this RFP. Failure to meet
any highly desirable requirement will result in a reduction of the evaluation of the Offeror's
proposal.
DCH is seeking the professional services of one Advertising/Public Relations firm (“Successful
Offeror”) that offers a full-range of marketing/communications/media and related services,
possesses strong health care information technology marketing experience, and has extensive
knowledge of and/or experience working with the Medicaid program. This Successful Offeror
will assist the DCH, in conjunction with the GHIE, Inc., and the GA-HITREC with developing
and implementing an innovative and consumer focused marketing plan and advertising
campaigns related to the implementation of the Health Information Exchange (HIE) and
Medicaid EHR Incentive Program (MIP) services described in Georgia’s HIE Strategic and
Operational Plans and the Georgia State Medicaid Health Information Technology Plan (SMHP).
Links to both plans are contained at Appendix N, Reference Material, to this RFP. While these
are very distinct initiatives, they are interconnected and target many of the same health care
audiences. Therefore, it is essential that we combine our marketing assets and resources to
leverage opportunities, both internally here at DCH, as well as externally with our partners and
other key stakeholders, to accomplish our goal of establishing a statewide HIE.
3.3.1 Prepare and submit a detailed work plan addressing all aspects of the work to be
performed under this Contract, including staffing; project milestone and phases;
budgetary controls; timeline of activities; and performance measures.
3.3.2 Conduct benchmarking activities and produce findings regarding the use of electronic
health information by providers and patients, including but not limited to secure
exchange of health data, consumer privacy and security concerns, provider and patient
awareness of available technology, and access to health information.
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clarify and make more effective outbound communications. The Successful Offeror shall
provide built-in MCP performance measures to gauge campaign effectiveness.
3.3.4 Create brand awareness for Georgia HIT activities through positioning, branding and
messaging, targeting providers and consumers within Georgia.
3.3.6 Generate collateral, including but not limited to: logo, tag line, brand, fact sheets,
provider FAQs, graphic templates and testimonials, crisis communications, and/or style
guides to promote Georgia HIE goals.
3.3.7 Develop an interactive digital presence, including but not limited to: website, widgets,
videos and e-mail marketing campaigns. Please Note: DCH is seeking a digital
presence, especially with a website that is consumer focused and innovative.
Attached to this RFP as Appendix N, Reference Material, is a listing of websites,
both federal and private sector that contains the type/examples of website presence
that HIT desires. These links to private sector websites are there only as examples,
and the Offeror response does not have to be mirror images of these. However,
DCH does intend to use and interact with the listed federal sites and Offerors should
strive to incorporate links to federal sites and campaign themes within their
response.
3.3.8 Develop trade advertising (Traditional, New Media), direct marketing, and use of
direct/interactive venues (Conferences, Webinars, etc.) to support Georgia HIE project
goals.
3.4 Deliverables
The Successful Offeror will provide the following deliverables as identified in this RFP
and the resulting contract. The format of each deliverable will be one (1) hard copy
original document and an electronic copy that will be provided to the HIT Project
Manager who will be introduced at the Project Kickoff meeting after contract award.
3.4.1 Work Plan: Contractor shall submit a final, detailed work plan, subject to DCH
approval, due to DCH within twenty (20) calendar days after the notice of award.
The work plan must address all aspects of the work to be performed as detailed in
Section 3.3 of the RFP and the Proposal. At a minimum, the work plan must
include:
3.4.1.1 Staffing: Staff assigned to the project and contact information;
3.4.1.2 Milestones and Phases: A listing and description of key milestones
which includes activities and deliverables associated with each
milestone, as well as an outline of phases for the project including,
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but not limited to, planning; discovery & analysis; briefing; and
reporting;
3.4.1.3 Budgetary controls: An itemization of costs associated with each
deliverable and phase of the project;
3.4.1.4 Timeline: A projected timeline for all activities; and
3.4.1.5 Performance Measures: A specific plan for evaluating the
effectiveness of each deliverable.
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secondary research); target markets; products/services; other
states/competitive look; plan objectives (i.e., creating and
sustaining awareness, etc.); strategies & tactics; budgets;
performance measures; flowcharts (i.e., timelines), etc. Sub-plans
for each recommended component should be developed and may
include, but not be limited to: traditional and interactive
advertising; promotion; special events; direct marketing;
public/media relations; plus sales (i.e. direct, indirect, process,
etc.). The MCP must address items 3.3.3, 3.3.4, 3.3.5, 3.3.6, and
3.3.8 of the RFP Section 3.3, Detailed Services Required.
3.4.3.3 The draft MCP shall be submitted to DCH for feedback within
thirty (30) days of approval of the final benchmarking report. The
final MCP (addressing all issues and deficiencies raised by DCH
regarding the draft) shall be subject to DCH approval and must be
submitted within fifteen (15) calendar days of receipt of DCH
feedback from the draft MCP.
Deliverable Review/Approval
DCH reserves the right to reject any deliverable that is not in the proper format or does
not appear to completely address the function of the deliverable requirement.
The Offeror shall include at least five (5) business days in the project work plan per
deliverable for DCH staff to conduct a complete review of submitted deliverables. As the
Vendor provides deliverables, in both written and electronic format, DCH will review the
materials or documents within five (5) business days after the receipt date. The receipt
date is not counted as one (1) of the five (5) business days. All deliverables provided by
the Successful Offeror must be acknowledged in writing by DCH to be considered
received. Based on the review, the DCH may grant approval, reject all or part of the
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deliverable, or request that the contractor make revisions. Additional review periods may
be needed when revisions are required or deliverables are rejected.
Office space and equipment will not be provided for the successful Offeror by DCH for the
performance of this project.
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4.0 PROPOSAL SUBMISSION
An Offeror's proposal in response to this RFP shall include the following three (3)
separate packages, each labeled accordingly:
Offeror’s responses to Sections 3 and 4 to the RFP along with Contract document and
any exceptions to the Terms and Conditions. Please see paragraph 4.3.1 below for
specific requirements.
Appendix D, Cost Proposal sheet. Please use only the Cost Sheet provided with the RFP.
Any others provided will not be evaluated.
Name of Company
Point of Contact for Company
Email address and Phone Number
RFP# DCH-HIT-02
Any proposal received after the opening date and time WILL BE rejected.
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Submit all proposals to:
Mr. Barry Shepard
Office of Procurement Services
Georgia Department of Community Health
2 Peachtree St., NW, 35th Floor
Atlanta, GA 30303
An original hard copy document labeled “Original” and five (5) hard copies and 1 copy on CD-
ROM are required. The Technical Proposal shall include the following labeled sections:
Letter of Introduction;
Executive Summary;
Offeror's Background and Experience;
Plan and Approach to Project
Contract with any exceptions to the Terms and Conditions of the Contract.
Offerors should NOT include any pricing information related to their Cost Proposal in the
Technical Proposal.
A brief (no longer than one (1) page) introduction of your company to the evaluators. Please
include information on years of business and the location of offices which would be supporting
this project.
The executive summary will condense and highlight the contents of the Technical Proposal in
such a way as to provide the proposal evaluators with a broad understanding of the entire
proposal. The executive summary may be no longer than two (2) pages, single spaced.
This section shall contain all pertinent information relating to the Offeror's organization,
proposed project organization and staffing, and experience, and references which will serve to
substantiate the Offeror's qualifications and capabilities to perform the services required by the
RFP. This section will consist of five (5) subsections:
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References
Items to be included in each of these subsections are identified in the following paragraphs.
The Offeror must indicate the name, address, telephone number, email address, FAX number,
and Employer Identification Number (EIN) of the legal entity with which the contract is to be
written.
The Offeror must indicate the legal status of the company (for example, corporation, sole
proprietorship, partnership) and provide documentation of the legal status of the Offeror, such as
Corporate Certificate, Authorization to Conduct Business in Georgia, etc. The Offeror must
describe and provide a corporate chart reflecting any relationship between the bidding company,
parent company, and all subsidiaries, listing for each the officers of the company.
Termination for default is defined as notice to stop performance delivered to the Offeror due to
the Offeror's non-performance or poor performance. Indicate whether the Offeror or any
principal officers of the company have had a contract terminated for default within the last five
years. If the Offeror has had a contract terminated for default in this period, then the Offeror
must submit full details including the other party's name, address and telephone number, and the
ultimate resolution of the matter (including the outcome of any litigation).
Financial Information
DCH is concerned about Offerors’ financial capability to perform. Therefore, please provide
sufficient data to lead evaluators to the conclusion that your firm has the financial capability to
perform. As detailed financial data is generally proprietary and Offerors do not wish such
information to be part of the public record under the Georgia Open Records Act, the DCH
reserves the right to perform additional due diligence in this area, at the sole discretion of DCH,
prior to award of any contract. Please provide one copy of your most recent independent
financial audit report.
The Offeror will submit a proposed organization chart to accomplish the project along with
identifying key personnel for the project. The Offeror will submit resumes of key personnel
along with the organization chart. For this project DCH is requesting that the Offeror’s proposed
team have within its organization or access through partnering/subcontracting, at least one senior
staff member who possesses at a minimum a Bachelor’s level degree in a related field such as
Human Computer Interaction, Human Factor or Cognitive Sciences and a minimum of three
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years experience in the field of this degree. Any changes to the proposed team for this project
must be approved by DCH prior to the substitution of key staff.
The Offeror will provide details of your company’s health information technology advertising
public relations experience elaborating on the Mandatory Required experience identified in
Appendix C, as well as, all relevant experience to the proposed project. This section should
identify all experience with:
Offeror will submit in the Technical Proposal samples of previous work performed for similar
products illustrating their abilities to create logos, brand champions, and/or crisis
communications. Please Note: all samples submitted will become property of the state of
Georgia and can not be returned. Any items submitted will also be available for review upon
request by the public, media and competitors.
4.3.1.3.5 References
The list of references will include all health information technology advertising public relations
experience or similar projects currently being performed by the Offeror or completed within the
past 3 years. Using the form provided in Appendix F, References, to the RFP, the Offeror shall
provide the following information for each reference listed:
customer name;
business address of customer;
name and address of customer contact;
telephone number of customer contact;
description of program or similar project performed by the Offeror;
period of performance; and
tools used for project.
This portion of the Offeror's Technical Proposal should include the detailed discussion of the
following items of their program:
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Description of approach, which will fully address each requirement identified in
Section 3.3, Detailed Services Required, and Section 3.4, Deliverables;
Proposed methodology for benchmarking performance;
A proposed work plan for the project, which meets the stated deliverables and
deadlines of the State identified in section 3.4, Deliverables.
4.5 Contract
The Contract document along with any exceptions to the contract must be submitted with the
Technical Proposal. Any Exceptions to the Contract must be clearly labeled “Contract
Exceptions” in the document.
The hard copy Cost Proposal Sheet, Appendix D, to this RFP must be packaged separately and
include finance information pertinent to the proposed project. An original hard copy document
labeled “original” and two (2) copies of the Cost Proposal are required along with one (1) copy
on a CD-ROM.
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5.0 EVALUATION CRITERIA AND PROCESS
5.1 Overview
Proposals will be accepted in three (3) separate sealed parts: an Administrative Part; a
Technical Proposal and a Cost Proposal. Upon completion of the Administrative Review by
the Issuing Officer, the Technical Proposals will be evaluated first, while the Cost Proposals
remain sealed.
Award shall be made to the responsible Offeror whose proposal is determined in writing to be
the most advantageous, bringing “best value” to the State, taking into account all evaluation
factors set forth in this RFP. No other factors or criteria shall be used in the evaluation. DCH
reserves the right to reject any and all proposals submitted in response to this request.
An Evaluation Committee made up of State employees will be established to judge the merit of
the proposals according to the following criteria. There is a maximum of one thousand (1000)
points possible for each proposal (600 Technical, 400 Cost). The contract awarded under this
RFP will be made to the Offeror presenting the best value to the State for this procurement. An
explanation of each evaluation Phase follows below.
The DCH Issuing Officer will determine if each proposal is sufficiently responsive to the RFP to
permit a complete evaluation using a Pass/Fail evaluation.
Each proposal that is incomplete in meeting the administrative and Mandatory requirements
identified in Section 4.2, Part 1, will be declared non-responsive and will be rejected with no
further evaluation.
Any Offerors’s Proposal that indicates a “NO” response to the five (5) Mandatory
Requirements contained at Appendix C, will be deemed “Non-responsive” and further
evaluation of their proposal will cease.
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5.2.2 Phase 2 - Evaluation Of Technical Proposals
Each proposal will be evaluated to determine if it complies with the instructions and
requirements presented to the Offerors listed in Sections 3 and 4 of this RFP.
Corporate reference checks will be made to verify corporate project experience and
qualifications in performing health information technology advertising and public relations for
both private businesses and government entities.
Any Technical Proposal that is incomplete or in which there are significant inconsistencies or
inaccuracies will result in a low evaluation score of the proposal. The State reserves the right
to waive minor variances or reject any or all proposals. The State reserves the right to request
clarifications or communications from all Offerors.
The evaluation of Technical Proposals will involve the point scoring of each proposal in each of
several areas according to established criteria. A maximum of six hundred (600) points will be
available for the Technical Proposal. The areas of evaluation are:
Area 2: Response to Section 4.4 Plan and Approach for Project Requirements (400 Points)
DCH will invite the top five (5) ranking technical scored Offerors (combined from the scores of
areas 1 and 2) to present to the Evaluation Committee a presentation of their proposed solution.
This presentation should be comprised of a twenty (20) minute overview level presentation
covering the proposed benchmarking capabilities; advertising and public relations;
communication strategies concerning meaningful use; and collateral deliverables. The Offeror’s
proposed innovated digital presence should be presented in DETAIL and comprise the majority
of the presentation time remaining. Offerors should plan on 1 hour and 45 minutes for the
complete session- with 1 hour and 15 minutes of presentation and 30 minutes of questions and
answers. There is to be no cost/pricing information disclosed or discussed in this
presentation/demonstration.
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5.4 Assigning Point Value to Technical Proposals
Six hundred (600) points will be assigned to the Offeror with the highest acceptable Technical
Proposal. Points for all other Offerors Technical Proposals will be assigned using the formula:
P/H x 600 = V
Those Offeror’s whose Technical Proposal receive a minimum of fifty percent (50%) of the
available points on the Technical Proposal evaluation (combined of areas 1, 2 and 3) will be
considered acceptable and their Cost Proposal will be opened by the DCH Issuing Officer to
determine that pricing is consistent with the Technical Proposal. The State reserves the right to
waive minor variances in the Cost Proposals or reject any or all Cost Proposals and request
resubmission. Offerors receiving less than fifty percent (50%) of the available Technical score
points will be declared non-responsive and will not be considered for further evaluation.
A maximum of four hundred (400) points will be assigned to the most acceptable price proposal.
Points for other Offeror Cost Proposals will be assigned using the formula:
L/P x 400 = V
where: L = Total Cost of proposal with the lowest cost to the State
P = Total Cost of the proposal being adjusted
V = assigned points of proposal being adjusted
In Phase 4 of the evaluation process, the points awarded to the Cost Proposal will be added to the
points awarded to the respective Technical Proposal to determine the ranking and
recommendation of the Evaluation Committee. The ranking and recommendation of this
committee, along with pertinent supporting materials, will be conveyed to the Commissioner of
DCH for approval.
5.7 Selection
The Commissioner of DCH will make the final approval of the successful Offeror based upon
the determination of which Offeror’s proposal presents the “Best Value” to the State. After the
recommendation is made, the DCH Issuing Officer will notify the selected Offeror.
Unsuccessful Offerors will be notified in writing. If all proposals are rejected, Offerors will be
promptly notified.
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6.0 TERMS AND CONDITIONS
DCH reserves the right to amend this RFP prior to the date of proposal submission. Addenda to
the RFP will be posted to the DCH Webpage located on the state of Georgia web portal at the
same webpage location (Procurement-DCH Bid Opportunities) where the RFP is located;
BIDDERS ARE ENCOURAGED TO CHECK THIS SITE DAILY!
Prior to the proposal due date, a submitted proposal may be withdrawn by the Offeror by
submitting a written request to the Issuing Officer named herein. All such requests must be
signed by a person authorized to sign for the Offeror.
The cost for developing the proposal is the sole responsibility of the Offeror. DCH will not
provide reimbursement for such costs.
6.4 Contract
The Contract, which DCH intends to use with the successful Offeror, is Appendix E to this RFP
(posted separately at the same location as RFP). Prospective Offerors are urged to carefully read
this contract prior to making their offers. The Contract and any exceptions to the Contract must
be submitted with Offeror's Technical Proposal. DCH reserves the right to add provisions to the
contract to be consistent with the successful Offeror's offer and to negotiate with the successful
Offeror other additions to, deletions from, and/or changes in the language in the Contract,
provided that no such addition, deletion or change in Contract language would, in the sole
discretion of DCH, affect the evaluation criteria set forth herein, or give the successful Offeror a
competitive advantage.
Prior to award, the apparent winning Offeror will be required to enter into discussions with the
DCH to resolve any contractual differences before an award is made. These discussions are to
be finalized and all exceptions resolved within one (1) week of notification. Failure to resolve
any contractual issues could lead to rejection of the Offeror's proposal. In such event, DCH
reserves the right to proceed to discussions with the second highest scoring Offeror.
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Please Note: The selected Successful Offeror’s contract must be reviewed and approved by
the US Department of Health and Human Services’ Office of National Coordinator, prior
to the actual beginning of work by the Successful Offeror.
Details regarding payment of services will be finalized during contract negotiations with the
Successful Offeror.
If an Offeror has any existing client relationship(s) that involve the State of Georgia that would
prevent their being objective, the Offeror must disclose such relationship(s).
Offerors are hereby given notice that any and all materials submitted in response to the RFP are
subject to the provisions of the Georgia Open Records Act (O.C.G.A. § 50-18-70 et seq.).
DCH’s receipt, review, evaluation or any other act or omission concerning such information
shall not be considered to create an acceptance of any obligation or duty for DCH to prevent the
disclosure of any such information except as required by the Georgia Open Records Act.
It is the policy of the State of Georgia that small and minority business enterprises shall have a
fair and equal opportunity to participate in the State purchasing process. Therefore, the State of
Georgia encourages all small and minority business enterprises to compete for, win, and receive
contracts for goods, services, and construction. Also, the State encourages all companies to sub-
contract portions of any State contract to minority business enterprises. There is a Minority
Subcontractor Georgia Income Tax Incentive opportunity. See Official Code of Georgia
Annotated (O.C.G.A.) § 48-7-38. Offerors interested in taking advantage of the Georgia income
tax incentives, relative to the use of minority subcontractors in the performance of contracts
awarded by the State of Georgia, should address their questions to the Governor’s Small
Business Center Director (see 6.11. for address).
The Successful Offeror/Contractor will certify to the State that a drug-free workplace will be
provided for the Contractor's employees during the performance of the contract as required by
the “Drug-Free Workplace Act” (O.C.G.A. § 50-24-1). The Contractor will secure from any
subcontractor hired to work on this project written certification of a drug free workplace and
submit a copy to the DCH Contract Administrator.
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6.10 ADA Guidelines
The State of Georgia adheres to the guidelines set forth in the federal Americans with
Disabilities Act in any communications between the public and the State. Accordingly,
provisions will be made to make use of the services provided by the Statewide Operations and
Support Services of the Department of Administrative Services easier and more accessible if
needed. The Georgia Relay Center at 1-800-255-0056 (TDD Only) or 1-800-255-0135 (Voice)
will relay messages for the speech and hearing impaired in strict confidence.
On the tenth day of the first month of each calendar quarter, the Contractor shall provide a report
of all payments, that together total more than $5000 to any single subcontractor, supplier,
business partner, joint venture and/or agent that the contractor has used to fulfill the requirements
of this contract. The report shall provide the name of the business, their Federal Employment
Identification (FEI) number, the purchase order or contract number and the amount paid. For
example, the report for the first quarter of the calendar year would be provided no later than
April 10th. All reports shall be forwarded to:
Mandatory Requirement. If awarded a contract, the Offeror shall procure and maintain
insurance which shall protect the Offeror and the DCH (as an additional insured) from any
claims for bodily injury, property damage, or personal injury covered by the indemnification
obligations set forth in the contract attached to this RFP throughout the duration of the contract.
The Offeror shall procure and maintain the insurance policies described below at the Offeror‘s
own expense and shall furnish to the DCH an insurance certificate listing the DCH as certificate
holder and as an additional insured. The insurance certificate must document that the
Commercial General Liability insurance coverage purchased by the Offeror includes contractual
liability coverage applicable to this contract. In addition, the insurance certificate must provide
the following information: the name and address of the insured; name, address, telephone
number and signature of the authorized agent; name of the insurance company (authorized to
operate in Georgia); a description of coverage in detailed standard terminology (including policy
period, policy number, limits of liability, exclusions and endorsements); and an acknowledgment
of notice of cancellation to the DCH.
Offeror is required to maintain the following insurance coverage during the term of the
contract:
25
1) Workers Compensation Insurance (Occurrence) in the amounts of the
statutory limits established by the General Assembly of the State of Georgia (A self-
insurer must submit a certificate from the Georgia Board of Workers Compensation
stating that the Awarded Offeror(s) qualifies to pay its own workers compensation
claims.) In addition, the Offeror shall require all subcontractors occupying the
premises or performing work under the contract to obtain an insurance certificate
showing proof of Workers Compensation Coverage with the following minimum
coverage:
Bodily injury by accident--per employee $100,000;
Bodily injury by disease--per employee $100,000;
Policy limits $500,000.
The foregoing policies shall contain a provision that coverage afforded under the policies will
not be canceled, or not renewed or allowed to lapse for any reason until at least thirty (30) days
prior written notice has been given to the DCH. Certificates of Insurance showing such coverage
to be in force shall be filed with the DCH prior to commencement of any work under the
contract. The foregoing policies shall be obtained from insurance companies licensed to do
business in Georgia and shall be with companies acceptable to the DCH, which must have a
minimum A.M. Best rating of A-. All such coverage shall remain in full force and effect during
the contract term and any renewal or extension thereof.
Within ten (10) business days of award, the selected Successful Offeror must procure the
required insurance and provide the DCH with two (2) Certificates of Insurance. Certificates
must reference this RFP by number or contract number. Offeror’s total cost presented in their
Cost Proposal must include the cost of the required insurance. No contract performance shall
occur unless and until the required insurance certificates are provided.
Mandatory Requirement. The selected Successful Offeror shall be required to furnish a bond to
secure payment of all claims for materials furnished and/or labor performed by a subcontractor in
the event one or more subcontractors are utilized by the awarded supplier in performance of the
project. The payment bond shall be in amount equal to the contract price for the portion of work
and/or materials to be performed/provided by the subcontractor(s). The Successful Offeror (s)
must (1) receive prior approval from the DCH prior to utilizing the subcontractor and (2) submit
26
the payment bond(s) to the DCH prior to permitting the approved subcontractor(s) to begin work.
Payment Bond must remain in effect for life of contract, or as long as subcontractors will be used
on contract. Documentation verifying that the Payment Bond has been renewed at each State
Fiscal Year must be submitted to the Issuing Officer no later than 30 Calendar days from the end
of the State Fiscal Year.
The selected Successful Offeror agrees to comply with all of the terms, conditions and
performance standards specified in this RFP, including, but not limited to the Performance
Guarantees contained in Appendix O. The Successful Offeror must have processes in place to
monitor and self report against all performance standards.
In the event that the Successful Offeror fails to meet the terms, conditions or requirements of this
Contract and financial damages are difficult or impossible to ascertain exactly, DCH may assess
liquidated damages against Contractor based on the performance standards listed in Appendix O.
These Performance Guarantees are not intended to be in the nature of a penalty, but as a
reasonable, good faith estimate of DCH’s projected financial loss and damage resulting from
Successful Offeror’s noncompliance with contract requirements, including project delays.
DCH shall have the right to assess damages based on a determination of the Successful Offeror’s
success in meeting required performance standards by DCH Vendor Management. If damages
can be measured in actual cost, they are referred to as actual damages. If the damages are
difficult to measure or cannot be measured in actual cost, they are referred to as liquidated
damages. The Successful Offeror must provide evidence, in writing, acceptable to DCH to
challenge the reimbursement to the State for actual damages or the amounts set forth as
liquidated damages within thirty (30) days.
DCH will notify the contractor in writing of the proposed damage assessment. The amounts due
to DCH as actual damages may be deducted from any fees or other compensation payable to the
Successful Offeror or DCH may require the Successful Offeror to remit the damages within
thirty (30) days following the notice of assessment or resolution of any dispute. At DCH’s
option, DCH may obtain payment of assessed actual damages through one (1) or more claims
upon any irrevocable letter of credit furnished by the Successful Offeror.
DCH expects that any disputes arising under the contract will be approached first through
discussions with the Contract Administrator and second through an appeal to the Commissioner
of DCH or his or her designee. Legal action should only be initiated if all of these mechanisms
fail.
27
The venue for any formal legal proceeding shall lie in Fulton County, Georgia. Pending final
determination of any dispute, the Successful Offeror shall proceed diligently with performance
of the contract and in accordance with the direction of DCH.
Invoices must be submitted to DCH monthly and must include: the Contract Number;
Successful Offeror’s tax identification number; and an itemization of all activities and
deliverables being billed with amounts owed as to each deliverable. DCH will pay the invoice
within thirty (30) calendar days of receipt, upon approval of deliverables and the invoice by the
DCH Program Director.
All payments will be NET 30. Additionally, the Offeror should be able to accept electronic fund
transfer (EFT).
Should DCH determine that Successful Offeror is in non-compliance with the terms and
requirements of the Contract, it shall have the right to request a Corrective Action Plan as
described in Section 15 of the Contract.
6.20 Audit
DCH may conduct a financial audit, a programmatic audit and/or site visits as deemed necessary
and as specified in the Contract.
28
APPENDICES
APPENDIX F REFERENCES
29
APPENDIX A
PROPOSAL CERTIFICATION
By responding to this RFP, the Offeror understands and agrees to the following:
1. That the submitted proposal constitutes an offer, which when accepted in writing by
the DCH, and subject to the terms and conditions of such acceptance, will constitute
a valid and binding contract between the undersigned and the DCH; and
2. That the Offeror has read the specifications and requirements shown or referenced in
the RFP and that the Offeror’s proposal is made in accordance with the provisions of
such specifications and requirements except as expressly stated otherwise in the
Offeror’s proposal; and
3. That the Offeror guarantees and certifies that all items included in the Offeror’s
proposal meet or exceed any and all such stated RFP specifications and
requirements except as expressly stated otherwise in the Offeror’s proposal; and
4. That, if awarded a contract, the Offeror will deliver goods and/or services that meet or
exceed the RFP specifications and requirements except as expressly stated
otherwise in the Offeror’s proposal; and
5. That the technical and cost proposals submitted by the Offeror shall be valid and held
open for a period of one hundred and twenty (120) days from the final RFP closing
date and that the proposals may be held open for an additional period of time subject
to the Offeror’s consent; and
6. That this proposal is made without prior understanding, agreement, or connection
with any corporation, firm, or person submitting a proposal for the same materials,
supplies, equipment, or services and is in all respects fair and without collusion or
fraud. The Offeror understands and agrees that collusive bidding is a violation of state
and federal law and can result in fines, prison sentences, and civil damage awards;
and
7. That the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et
seq. have not been violated and will not be violated in any respect.
DO NOT MODIFY THE PROPOSAL CERTIFICATION TERMS IN ANY WAY. THIS FORM MUST
BE COMPLETED, SIGNED AND SUBMITTED WITH YOUR TECHNICAL PROPOSAL.
Authorized Signature:
Date:
Company Address:
FAX Number:
Email Address:
30
APPENDIX B
Address: _______________________________________________________________
_______________________________________________________________________
E-Mail: _________________________________________________________________
31
APPENDIX C
1. Offeror or a principal member of the firm must have a minimum of eight years
advertising/ public relations experience with a minimum of three (3) years
experience with large health information technology projects (greater than
$500,000), market and user research, persona development, brand image
development, user experience and digital interactive marketing;
YES_______N0____________
2. Offeror must agree to furnish a Payment Bond to secure payment of all claims for
materials furnished and/or labor performed by a subcontractor in the event one or
more subcontractors are utilized by the awarded supplier in performance of the
project and comply with all requirements identified in paragraph 6.13 of the RFP;
YES_______N0____________
3. Offeror must furnish and maintain all required insurances identified in paragraph
6.12 of the RFP;
YES_______N0____________
YES_______N0____________
5. Offeror must be located within two hours traveling time of metropolitan Atlanta,
GA in order to meet with DCH HIT staff as required.
YES_______N0____________
____________________________________ _______________
Authorized Signature and Title Date
____________________________________
32
Print Name
APPENDIX D
COST PROPOSAL
Offeror:
________________________________________________________________
INSTRUCTIONS:
Total Contract Value for ALL Requirements identified in Sections 3.3, Detailed Services
Required, and 3.4, Deliverables, including G & A* , for the base contract year (ending 30
June 2012) and State Fiscal Year 2013 (ending 30 June 2013), and State Fiscal Year 2014
(ending 30 June 2014)
$_________________**
*G & A = all General and Administrative Costs, Profits, Travel, per diem, and ALL costs
associated with this contract.
____________________________________ _____________________
Authorized Signature Date
____________________________________
Print Name
______________________________
AFFIX CORPORATE SEAL HERE
(Corporations without a seal, attach a
Certificate of Corporate Resolution)
33
TITLE
34
APPENDIX E
CONTRACT DOCUMENT
The Sample Contract to be used for this procurement will be published here.
35
APPENDIX F
REFERENCES
Offeror shall provide a list of the last three (3) contracts and subcontracts, if applicable,
completed during the past three (3) years, and all contracts and subcontracts currently in
process. Contracts listed may include those entered into with the Federal Government,
agencies of state and local governments, and commercial customers. Include the following
information for each contract and subcontract:
2. Contract Number
3. Contract type
36
APPENDIX G
Small Business – defined as an independently owned and operated entity that has either
fewer than one hundred (100) employees or less than one million dollars ($1,000,000) in
gross receipts per year. (State Statute 50-5-121)
____Yes (If yes, please check the following reason(s) that apply)
___ Less than 100 employees or,
___ Less than $1,000,000 in gross annual receipts.
____ No
Minority Owned Business – means a business that is 51% owned or controlled by one
or more minority persons. Please indicate below if your firm is 51% owned or controlled
by one of the minority groups listed.
Native American %
Are any of your suppliers minority and/or small business enterprises? ____ Yes ____ No
If awarded a contract as a result of this solicitation, do you anticipate employing any small or
minority subcontractors? ____ Yes ____ No
37
APPENDIX H
SALES AND USE TAX COMPLIANCE
The purpose of this form is to obtain information regarding the vendor to determine whether
the vendor may be considered a prohibited source as defined by O.C.G.A. Section 50-5-82.
The information provided in this form will be submitted to the Georgia Department of
Revenue.
Contact Information
Telephone Number:
E-mail Address:
38
APPENDIX I
STATEMENT OF ETHICS
Preamble
The Department of Community Health has embraced a mission to improve the health of all
Georgians through health benefits, systems development, and education. In accomplishing
this mission, DCH employees must work diligently and conscientiously to support the goals
of improving health care delivery and health outcomes of the people we serve, empowering
health care consumers to make the best decisions about their health and health care coverage,
and ensuring the stability and continued availability of health care programs for the future.
Ultimately, the mission and goals of the organization hinge on each employee’s commitment
to strong business and personal ethics. This Statement of Ethics requires that each employee:
• Safeguard and protect the privacy and confidentiality of clients’ health information, in
keeping with the public trust and mandates of law
• Be responsible for employee conduct and report ethics violations to the DCH
Inspector General and to the DCH Ethics Officer
• Foster an environment that motivates DCH employees and vendors to comply with
the Statement of Ethics
• Comply with the Code of Ethics set forth in O.C.G.A. Section 45-10-1 et seq.
Not only should DCH employees comply with this Statement of Ethics, but DCH expects
that each vendor, contractor, and subcontractor will abide by the same requirements and
guidelines delineated. Moreover, it is important that employees and members of any advisory
committee or commission of DCH acknowledge the Statement of Ethics.
39
Ethical Guidelines
1. Code of Conduct
All employees of DCH are expected to maintain and exercise at all times the highest moral
and ethical standards in carrying out their responsibilities and functions. Employees must
conduct themselves in a manner that prevents all forms of impropriety, including placement
of self-interest above public interest, partiality, prejudice, threats, favoritism and undue
influence. There will be no reprisal or retaliation against any employee for questioning or
reporting possible ethical issues.
2. Equal Employment
3. Harassment
DCH will foster a work environment free of harassment and will not tolerate harassment
based on sex (with or without sexual conduct), race, color, religion, national origin, age,
disability, protected activity (i.e., opposition to prohibited discrimination or participation in a
complaint process) or other protected bases from anyone in the workplace: supervisors, co-
workers, or vendors. The Department strongly urges employees to report to the Human
Resources Section any incident in which he or she is subject to harassment. Additionally, any
employee who witnesses another employee being subjected to harassment should report the
incident to the Human Resources Section. If DCH determines that an employee has engaged
in harassment, the employee shall be subject to disciplinary action, up to and including
termination, depending on the severity of the offense.
Employees should only use DCH property and facilities for DCH business and not for any
type of personal gain. The use of DCH property and facilities, other than that prescribed by
departmental policy, is not allowed. Furthermore, the use of DCH property and facilities for
any purpose which is unlawful under the laws of the United States, or any state thereof, is
strictly prohibited.
40
Employees who divert state property or resources for personal gain will be required to
reimburse the Department and will be subject to the appropriate disciplinary action, up to and
including, termination.
5. Secure Workplace
DCH is committed to maintaining a safe, healthy work environment for its employees.
Accordingly, it is DCH’s expectation that employees refrain from being under the influence
of alcohol or drugs in the workplace because such conduct poses a threat to the employee, as
well as others present in the workplace. Additionally, DCH has a zero tolerance policy
regarding violence in the workplace. Specifically, DCH will not condone the threat of, or
actual assault or attack upon, a client, vendor, or other employee. If an employee engages in
violent behavior which results in an assault of another person, he or she will be immediately
terminated.
6. Political Activities
Although the DCH recognizes that employees may have an interest in participating in
political activities and desires to preserve employees’ rights in participating in the political
process, employees must be aware of certain allowances and prohibitions associated with
particular political activities. DCH encourages employees to familiarize themselves with
DCH Policy #416 to gain understanding about those instances when a political activity is
disallowed and/or approval of such activity is warranted.
7. Confidentiality
DCH has a dual mandate in terms of confidentiality and privacy. Foremost, as a state agency,
DCH must comply with the Georgia Open Records Act and Open Meetings Act. The general
rule that is captured by those laws is that all business of the agency is open to the public view
upon request. The exceptions to the general rule are found in various federal and state laws.
In order to protect the individuals’ health information that is vital to the delivery of and
payment for health care services, DCH sets high standards of staff conduct related to
confidentiality and privacy. Those standards are reinforced through continuous workforce
training, vendor contract provisions, policies and procedures, and web-based resources.
8. Conflicts of Interest
Employees should always strive to avoid situations which constitute a conflict of interest or
lend to the perception that a conflict of interest exists. Specifically, employees must avoid
engaging in any business with the DCH which results in personal financial gain. Similarly,
employees must encourage family members to avoid similar transactions since they are
subject to the same restrictions as employees. DCH encourages its employees to seek
guidance from the Office of General Counsel regarding questions on conflicts of interest.
41
9. Gifts
Employees are strictly prohibited from individually accepting gifts from any person with
whom the employee interacts on official state business. Gifts include, but are not limited to,
money, services, loans, travel, meals, charitable donations, refreshments, hospitality,
promises, discounts or forbearance that are not generally available to members of the public.
Any such item received must be returned to the sender with an explanation of DCH’s Ethics
Policy.
DCH values vendors who possess high business ethics and a strong commitment to quality
and value. Business success can only be achieved when those involved behave honestly and
responsibly. Therefore, it is critical that employees ensure
that vendors contracting with DCH are fully informed of DCH policies concerning their
relationships with DCH employees and that these policies be uniformly applied to all
vendors. Among other requirements, DCH expects that each vendor will honor the terms and
conditions of its contracts and agreements. If DCH determines that a vendor has violated the
terms and conditions of a contract or agreement, the vendor shall be held responsible for its
actions.
Employees must ensure that fair and open competition exists in all procurement activities and
contracting relationships in order to avoid the appearance of and prevent the opportunity for
favoritism. DCH strives to inspire public confidence that contracts are awarded equitably and
economically. DCH will apply the state procurement rules, guidelines, and policies. Open
and competitive bidding and contracting will be the rule.
DCH recognizes that lobbyists, both regulatory and legislative, may from time to time seek to
meet with DCH employees to advance a particular interest. DCH recognizes that employees
may have personal opinions, even those that may be contrary to a position that DCH has
adopted. DCH employees, however, must recognize that the public, including legislators and
lobbyists, may have difficulty differentiating between the official DCH position and a
personal opinion. Accordingly, employees should always work directly with the Director of
Legislative Affairs in preparing any responses to requests or questions from elected officials
and their staff or lobbyists.
If I have knowledge of any ethics violation, I am aware that I am responsible for reporting
such violation to the DCH Inspector General and the DCH Ethics Officer. My good faith
reports will be free from retaliation. If I am a supervisor, I am aware that I am responsible for
reporting such violation and for forwarding any such report from a member of my staff to the
DCH Inspector General and the DCH Ethics Officer. As a supervisor, I am additionally
responsible for ensuring that the employees who report to me are aware of and comply with
the ethical standards and policies that are applicable to their positions.
42
ACKNOWLEDGEMENT
A. I have received, read, and understand the Georgia Department of Community Health
Statement of Ethics;
B. I agree to comply with each provision of the Georgia Department of Community Health
Statement of Ethics;
C. I am a:
( ) Member of the Board of the Department of Community Health
( ) Member/employee of advisory committee or commission
( ) Department Employee
(X) Vendor/Contractor/Subcontractor
____________________________________ _____________________
Authorized Signature* Date
____________________________________
Print Name
* Must be President, Vice President, CEO or Other Officer Authorized by Corporate Resolution to Execute on
Behalf of and Bind the Corporation to a Contract
43
APPENDIX J
I. THE COMMITMENT
The Department is committed to a procurement process that fosters fair and open
competition, is conducted under the highest ethical standards, is fully compliant with
all instruments of governance and has the complete confidence and trust of the public
it serves. To achieve these important public purposes, it is critical that potential and
current vendors, as well as employees, have a clear understanding of and an
appreciation for, the DCH Ethics in Procurement Policy (the “Policy”).
II. SCOPE
This Policy is applicable to all Vendors and Employees, as those terms are defined
below.
III. CONSIDERATIONS
Procurement ethics must include, but is not limited to, the following considerations:
B. Conflicts of Interest
A “conflict of interest” exists when personal interest interferes in any way with
the interests of the Department. A conflict situation can arise when an
individual takes actions or has interests that may make it difficult to perform his
or her work objectively and effectively. Conflicts of interest also arise when an
individual, or a member of his or her Family Member, receives improper
personal benefits as a result of his or her action, decision, or disclosure of
Confidential Information in a Procurement.
C. Appearance of Impropriety
Employees must take care to avoid any appearance of impropriety and must
disclose to their supervisors any material transaction or relationship that
44
reasonably could be expected to give rise to a conflict of interest. Similarly,
anyone engaged in a business relationship with the Department should avoid
any appearances of impropriety.
D. Influence
E. Gifts
F. Misrepresentations
G. Insufficient Authorization
Employees may not obligate the Department without having received prior
authorization from an approved official. Engaging in such activity is a
misrepresentation of authority.
IV. DEFINITIONS
“Affiliate Vendor Team” shall mean employees, directors, officers, contractors, and
consultants of a Vendor that directly or indirectly assist the Vendor in the preparation
of response to a Procurement.
45
“Contracting Officer” shall mean the Department Employee maintaining oversight of
the Procurement process that may also be designated as the Point of Contact as
described below.
“Family Member” means a spouse, parent, grandparent, child, brother, sister, uncle,
aunt, nephew, niece, first cousin, father-in-law, mother-in-law, son-in-law, daughter-
in-law, brother-in-law, sister-in-law, stepparent, stepchild, stepbrother, stepsister, half
brother or half sister.
“Financial Interest” shall mean, for purposes of this Policy, an ownership interest in
assets or stocks equaling or exceeding 0%.
“Gifts” shall mean, for purposes of this Policy, money, advances, personal services,
gratuities, loans, extensions of credit, forgiveness of debts, memberships,
subscriptions, travel, meals, charitable donations, refreshments, hospitality, promises,
discounts or forbearance that are not generally available to members of the public. A
Gift need not be intended to influence or reward an Employee.
46
“Point of Contact” shall mean the individual designated to be a Vendor’s only contact
with the DCH following the public advertisement of a solicitation or the issuance of a
request for a bid, proposal, or quote, until the award of a resulting contract and
resolution of a Protest, if applicable.
“Prohibited Contact” shall mean contact with any officer, member of the Board or
other Employee of the DCH, other than the Point of Contact, whereby it could be
reasonably inferred that such contact was intended to influence, or could reasonably
be expected to influence, the outcome of a Procurement. This prohibition includes,
without limitation, personal meetings, meals, entertainment functions, telephonic
communications, letters, faxes and e-mails, as well as any other activity that exposes
the Employee to direct contact with a Vendor. This prohibition does not include
contacts with Employees solely for the purpose of discussing existing on-going
Department work which is unrelated to the subject of the Procurement. Inquiries
regarding the status of a Procurement should also be directed to the Point of Contact.
“Vendor” shall mean any individual or entity seeking to or doing business with the
Department within the scope of this Policy, including, without limitation, contractors,
consultants, suppliers, manufacturers seeking to act as the primary contracting party,
officers and Employees of the foregoing, any subcontractors, sub consultants and sub
suppliers at all lower tiers, as well as any person or entity engaged by the Department
to provide a good or service.
V. EMPLOYEE RESPONSIBILITIES
47
with the Ethics Officer to make a determination as to whether the Employee
should participate on the evaluation team.
3. In the event that the Department determines that a conflict of interest does
exist and the Employee failed to make the appropriate disclosure, the
Department will disqualify the Employee from further participation on the
evaluation team. Furthermore, in the event that the Department determines
that the conflict of interest did impact the outcome of a Procurement; such
Employee may be subject to disciplinary action, up to and including
termination.
4. In the event that the Department identifies that the employee maintains a
relationship of any sort that lends to an appearance of a conflict of interest
with respect to a Procurement, the Department may, in its discretion, take
appropriate action to eliminate such an appearance, up to and including the
disallowance of the Employee’s participation in any Procurement activities.
In such instances, the employee most likely will not be subject to
disciplinary action.
b. The Employee shall not solicit or accept Gifts, regardless of whether the
intent is to influence purchasing decisions;
48
g. The Employee will be responsible for complying with all DOAS rules
and regulations, as well as Georgia law pertaining to procurements and
conflicts of interest; and
Vendors may neither offer nor give any Gift or Kick-backs, directly or
indirectly, to an Employee. Similarly, no Vendor may offer or give any Gift or
Kick-backs, directly or indirectly, to any member of an Employee’s Family
Member. Such prohibited activity may result in the termination of the contract,
in those cases where the Vendor has executed a contract with the Department.
In the event that a potential Vendor who has submitted a response to a
Procurement solicitation engages in such activity, the Department shall act in
accordance with DOAS protocol.
If a Vendor has a family or personal relationship with the Employee, a Gift that
is unconnected with the Employee’s duties at the DCH is not necessarily
prohibited. In determining whether the giving of an item was motivated by
personal rather than business concerns, the history of the relationship between
the Vendor and Employee shall be considered. However, regardless of the
family or personal relationship between a Vendor and an Employee, a Gift is
strictly forbidden where it is being given under circumstances where it can
reasonably be inferred that it was intended to influence the Employee in the
performance of his or her official duties.
C. Vendor Submittals
49
The Department expects all potential Vendors and current Vendors to be
forthcoming, always submitting true and accurate information in response to a
Procurement or with regard to an existing business relationship. If the
Department determines that the Vendor has intentionally omitted or failed to
provide pertinent information and/or falsified or misrepresented material
information submitted to the Department, the Department shall act in
accordance with applicable state law and DOAS procurement policies and
procedures.
Vendors must calculate the price(s) contained in any bid in accordance with
Section 5.11 of the DOAS Vendor Manual.
D. Business Relations
A Vendor may not be allowed to conduct business with the Department for the
following reasons:
Employees will not use Confidential Information for their own advantage or profit,
nor will they disclose Confidential Information during a Procurement to any potential
Vendor or to any other unauthorized recipient outside DCH.
A. The Process
Adherence to this policy makes all DCH staff responsible for bringing
violations to the attention of the Contracting Officer under Procurement
protocols or to a supervisor/manager if the affected Employee is not a part of the
Procurement. If for any reason it is not appropriate to report a violation to the
Contracting Officer or the Employee’s immediate supervisor, Employees will
report such violations or concerns to the DCH Inspector General and the DCH
Ethics Officer. The Contracting Officer and managers are required to report
suspected ethics violations to the Inspector General, who has specific
responsibility to investigate all reported violations.
50
Reporting suspected policy violations by others shall not jeopardize an
Employee’s tenure with the Department. Confirmed violations will result in
appropriate disciplinary action, up to and including termination from
employment. In some circumstances, criminal and civil penalties may be
applicable.
The Inspector General will notify the employee making the report of the
suspected violation of receipt of such report within five (5) business days. All
reports will be promptly investigated and appropriate corrective action will be
taken if warranted by the investigation.
C. Confidentiality
Any and every employee who has knowledge of any ethics violation is
responsible for reporting such violation to the DCH Inspector General and the
Ethics Officer. Good faith reports will be free from retaliation. Supervisors are
responsible for reporting such violation and for forwarding any such report
from any member of the supervisor’s staff to the DCH Inspector General and
the Ethics Officer. Reports of violations made to the Ethics Officer will be
forwarded to the DCH Inspector General. Supervisors are additionally
responsible for ensuring that the employees under his or her supervision are
aware of and comply with the DCH ethical standards and policies.
Employees and Board members are encouraged to contact the DCH Inspector
General about any concerns regarding standards of conduct, ethics and conflicts
of interest.
51
Commissioner
52
ACKNOWLEDGEMENT
A. I have received, read, and understand the Georgia Department of Community Health’s
Ethics In Procurement Policy;
B. I agree to comply with each provision of the Georgia Department of Community Health’s
Ethics In Procurement Policy;
(X) Vendor/Contractor
( ) Subcontractor
____________________________________ _____________________
Authorized Signature* Date
____________________________________
Print Name
* Must be President, Vice President, CEO or Other Officer Authorized by Corporate Resolution to Execute on
Behalf of and Bind the Corporation to a Contract
53
APPENDIX K
(Note: We do not anticipate that this Contract will involve the release or use of
Protected Health Information. In the event DCH determines that PHI is involved in the
performance of this work, this Appendix will be required.)
1. Terms used but not otherwise defined in this Agreement shall have the same
meaning as those terms in the Privacy Rule and the Security Rule, published as the
Standards for Privacy and Security of Individually Identifiable Health Information in
45 C.F.R. Parts 160 and 164 (“Privacy Rule” and “Security Rule”).
2. Except as limited in this Agreement, Offeror may use or disclose PHI only to
extent necessary to meet its responsibilities as set forth in the Contract provided that
such use or disclosure would not violate the Privacy Rule or the Security Rule, if
done by DCH.
54
B. Establish, maintain and use appropriate safeguards to prevent use or
disclosure of the PHI other than as provided for by this Agreement or the
Contract.
E. Ensure that its agents or subcontractors are subject to at least the same
obligations that apply to Offeror under this Agreement and ensure that its
agents or subcontractors comply with the conditions, restrictions, prohibitions
and other limitations regarding the request for, creation, receipt, use or
disclosure of PHI, that are applicable to Offeror under this Agreement and the
Contract.
G. Report to DCH any use or disclosure of PHI that is not provided for by
this Agreement or the Contract and to report to DCH any security incident of
which it becomes aware. Offeror agrees to make such report to DCH in
writing in such form as DCH may require within three (3) business days after
Offeror becomes aware of the unauthorized use or disclosure or of the security
incident.
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books and records and policies, practices or procedures relating to the use and
disclosure of PHI for or on behalf of DCH within five (5) business days after
the Secretary or the Secretary’s designees request such access or otherwise as
the Secretary or the Secretary’s designees may require. Offeror also agrees to
make such information available for review, inspection and copying by the
Secretary or the Secretary’s designees during normal business hours at the
location or locations where such information is maintained or to otherwise
provide such information to the Secretary or the Secretary’s designees in such
form, format or manner as the Secretary or the Secretary’s designees may
require.
C. Notify Offeror of any restriction regarding its use or disclosure of PHI that
DCH has agreed to in accordance with the Privacy Rule if, and to the extent
that, DCH determines in the exercise of its sole discretion that such restriction
will affect Contractor’s use or disclosure of PHI.
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received by Offeror on behalf of DCH, is destroyed or returned to DCH, or, if it is
infeasible to return or destroy PHI, protections are extended to such information, in
accordance with the termination provisions in this Section.
2. If Offeror fails to cure the breach, terminate the Contract upon 30 days
notice; or
3. If neither termination nor cure is feasible, DCH shall report the
violation to the Secretary of the Department of Health and Human
Services.
B. Effect of Termination.
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4. Section 5. B. of this Agreement, regarding the effect of
termination or expiration, shall survive the termination of this
Agreement.
7. All other terms and conditions contained in the Contract and any amendment
thereto, not amended by this Agreement, shall remain in full force and effect.
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SIGNATURE PAGE
IN WITNESS WHEREOF, Contractor, through its authorized officer and agent, has caused
this Agreement to be executed on its behalf as of the date indicated.
__________________________________________
__________________________________________
TITLE
* Must be President, Vice President, CEO or Other Officer Authorized by Corporate Resolution to Execute on
Behalf of and Bind the Corporation to a Contract
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APPENDIX L
Insurance Coverage:
If awarded a contract, the Offeror shall procure and maintain insurance which shall
protect the Offeror and the DCH (as an additional insured) from any claims for bodily
injury, property damage, or personal injury covered by the indemnification obligations
set forth in the contract attached to this RFP throughout the duration of the contract. The
Offeror shall procure and maintain the insurance policies described below at the Offeror‘s
own expense and shall furnish to the DCH an insurance certificate listing the DCH as
certificate holder and as an additional insured. The insurance certificate must document
that the Commercial General Liability insurance coverage purchased by the Offeror
includes contractual liability coverage applicable to this contract. In addition, the
insurance certificate must provide the following information: the name and address of the
insured; name, address, telephone number and signature of the authorized agent; name of
the insurance company (authorized to operate in Georgia); a description of coverage in
detailed standard terminology (including policy period, policy number, limits of liability,
exclusions and endorsements); and an acknowledgment of notice of cancellation to the
DCH.
Offeror is required to maintain the following insurance coverage’s during the term of the
contract:
1) Workers Compensation Insurance (Occurrence) in the amounts of the
statutory limits established by the General Assembly of the State of
Georgia (A self-insurer must submit a certificate from the Georgia
Board of Workers Compensation stating that the Awarded Offeror(s)
qualifies to pay its own workers compensation claims.) In
addition, the Offeror shall require all subcontractors occupying the
premises or performing work under the contract to obtain an
insurance certificate showing proof of Workers Compensation
Coverage with the following minimum coverage:
Bodily injury by accident--per employee $100,000;
Bodily injury by disease--per employee $100,000;
Policy limits $500,000.
2) Commercial General Liability Policy with the following minimum
coverage:
General Aggregate including
Products and Completed Operations-- $1,000,000;
Each Occurrence-- $1,000,000;
Aggregate Limit-- $3,000,000.
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$1,000,000.
The foregoing policies shall contain a provision that coverage afforded under the policies
will not be canceled, or not renewed or allowed to lapse for any reason until at least thirty
(30) days prior written notice has been given to the DCH. Certificates of Insurance
showing such coverage to be in force shall be filed with the DCH prior to commencement
of any work under the contract. The foregoing policies shall be obtained from insurance
companies licensed to do business in Georgia and shall be with companies acceptable to
the DCH, which must have a minimum A.M. Best rating of A-. All such coverage shall
remain in full force and effect during the term and any renewal or extension thereof.
Within ten (10) business days of award, the selected Offeror must procure the required
insurance and provide the DCH with two (2) Certificates of Insurance. Certificates must
reference this RFP by number or contract number. Offeror’s proposal must include the
cost of the required insurance. No contract performance shall occur unless and until the
required insurance certificates are provided.
AFFIRMATION:
____________________________________ _______________
Authorized Signature and Title Date
____________________________________
Print Name
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APPENDIX M
Americans with Disabilities Act (ADA): Public Law 336 of the 101st Congress enacted in
July 1990. The ADA prohibits discrimination and ensures equal opportunity for persons with
disabilities in employment, state and local government service, public accommodations,
commercial facilities, and transportation. It also mandates the establishment of
TDD/telephone relay services.
American Recovery and Reinvestment Act of 2009 (ARRA): A $787.2 billion stimulus
measure, enacted into law in February 2009, that provides financial assistance to states and
cities, funding for infrastructure projects, and the expansion of Medicaid and health
information technology among other provisions.
American National Standards Institute (ANSI): The U.S. standards organization that
establishes procedures for the development and coordination of voluntary national standards.
Architecture: Term that refers to the structure of an information system and how its pieces
communicate and work together.
Centers for Medicare and Medicaid Services (CMS): The federal agency within the U. S.
Department of Health and Human Services that is charged with oversight of the Medicare
and Medicaid programs.
Challenge Grant – Consumer Mediated Exchange: A grant awarded by the Office of the
National Coordinator to DCH and the Georgia Cancer Coalition to produce a bi-directional
electronic health data exchange between providers and their patients for purposes of
improving coordination of care. The grant initiative involves 3 clinics in Rome, Georgia:
Floyd, Redmond, and Harbin with a focus on newly diagnosed cancer patient care and their
use of a Personal Health Record to exchange health information with their provider.
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Contract – The written agreement between the State and the Contractor; comprised of the
executed Contract, any addenda, appendices, attachments, exhibits or amendments thereto.
Contract Award– The date upon which DCH issues the Apparent Successful Vendor (ASV)
Letter.
Contract Execution– The date upon which all parties have signed the Contract.
Corrective Action Plan: The detailed written plan required by DCH to correct or resolve a
deficiency or event causing the assessment of liquidated damage(s) or sanction(s) against the
Contractor.
Clinical Data Repository (CDR): A real-time database that consolidates data from a variety
of clinical sources to present a unified view of a single patient.
Deliverable: A document, manual, report, work plan or any other required document
submitted to DCH by the Contractor to fulfill the requirements of this Contract.
Electronic Health Record (EHR): As defined in ARRA, means an electronic health record
of an individual’s health-related information that includes patient demographics and clinical
health information, such as medical history and problem lists; and has the capacity to provide
clinical decision support; to support physician order entry; to capture and query information
relating to health care quality; to exchange health information; and to integrate such
information from other sources.
Encryption: Translation of data into a code in order to keep the information secure from
anyone but the intended recipient.
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Enterprise Master Patient Index (EMPI): Is an index that includes all patients whose
records are maintained in the enterprise record system.
Georgia Health Information Exchange, Inc. (GHIE): A non-profit 501 (c) (3)
organization that is providing assistance to DCH with governance of the statewide HIE.
Health Data Intermediary (HDI): An entity that provides the infrastructure to connect
computer systems or other electronic devices used by health care providers, laboratories,
pharmacies, health plans, third-party administrators or pharmacy benefit managers to
facilitate the secure transmission of health information, including pharmaceutical electronic
data intermediaries. Term does not include health care providers engaged in direct health
information exchange.
Health Information Technology for Economic and Clinical Health (HITECH) Act: It is
a section in ARRA (“an act within an act”) that provides approximately $34 billion in federal
funding aimed at promoting the adoption and use of health information technology and
furthering the electronic exchange of health information across health systems.
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Health Information Portability and Accountability Act of 1996 (HIPAA): A federal law
designed to improve the portability of health insurance and to simplify health care
administration; HIPAA sets standards for the electronic exchange of claims-related
information and for ensuring the security and privacy of all individually identifiable health
information. It includes requirements to protect the privacy of individually identified health
information in any format, including written or printed, oral and electronic, to protect the
security of individually identified health information in electronic format, to prescribe
methods and formats for exchange of electronic medical information, and to uniformly
identify providers.
Interface: A means of interaction between two devices or systems that handle data.
Master Patient Index (MPI): A central index of patient records used for the purpose of
matching records from different sources and accurately relating that data to the same patient.
An MPI usually does not have medical data contained with it and may or may not point to
medical data found elsewhere.
Meaningful Use: Under the HITECH Act, an eligible professional or eligible hospital is
considered a meaningful EHR user if the EP or EH uses certified EHR technology in a
manner consistent with criteria established by federal rules, including e-prescribing through
an EHR, and the exchange of information for the purposes of quality improvement, such as
care coordination.
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National Level Repository (NLR): A nationwide data repository maintained by CMS to
provide support for the electronic administration of incentive disbursements to eligible
providers and eligible hospitals under the Medicaid and Medicare incentive programs. Now
known as the Registration and Attestation (R&A) portal.
National Provider Identifier (NPI): A 10-digit, intelligence free numeric identifier that
replaces all other health care provider identifiers.
O.C.G.A: the Official Code of Georgia Annotated (compilation of all state statutes in
Georgia).
Open Source: Practices in production and development of software that promote access to
the end product’s source code. Open source products are usually developed collaboratively
with the software freely distributed to anyone willing to abide by the rules of its use and
distribution.
Participating Providers: For the purposes of this document are providers who have signed
all required agreements to participate in the Georgia statewide HIE.
Participation Agreements: For the purposes of this document are those agreements that the
governance entity for the statewide HIE determines are required as a condition for
participation by providers.
Patient Record Locator: The electronic means by which patient files are located to assist
patients and clinicians to find test results, medical history, prescription data, and other health
information.
Personal Health Record (PHR): An electronic application through which individuals can
maintain and manage their health information (and that of others for whom they are
authorized) in a private, secure, and confidential manner.
Practice Management System (PMR): That portion of the medical office record which
contains financial, demographic and non-medical information about patients.
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Publish - to produce or release for distribution.
Provider Portal: For the purposes of this document, it is the point of access for all
participating providers in the statewide HIE.
Record Locator Service (RLS): An index containing patient demographic information and
the location of a patient’s medical records. It generally does not contain clinical information.
Participating entities decide whether or not to put record locations into the RLS. Designed to
take a query in the form of demographic details and return only the location of the matching
records.
Regional Extension Center (REC): As a recipient of ARRA funding, each REC is required
to serve a geographically defined area and is supposed to provide on-site technical assistance
in the selection of certified EHRs, to enhance clinical and administrative workflow, and to
comply with privacy and security requirements. Each REC is required to focus its efforts on
individual or small group practices and providers in public and critical access hospitals,
community health centers, and other safety net providers. In Georgia, this organization is
located at the Morehouse School of Medicine and it is known as the Georgia Health
Information Technology Regional Extension Center or GA-HITREC.
Scalability: The ability to add users and increase the capabilities of an application without
having to make significant changes to the application software or the system on which it
runs.
Service Level Agreement: A contract between a service provider and a user that specifies
the level of service expected during a contract term. Service level agreements determine how
performance will be measured and, in the event of underperformance, how the penalties will
be calculated and paid.
Shared Directory: A service that enables the searching and matching of data to facilitate the
routing of information to providers, patients, and locations.
State Medicaid Health Information Technology Plan (SMHP): The State’s highly
detailed plan submitted to and approved by the Centers for Medicare and Medicaid Services.
This document provides detailed information about the health information technology
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landscape in Georgia and sets forth the methodology for operationalizing the Medicaid
Electronic Health Records Incentives Program including payments to and audits of eligible
professionals and eligible hospitals.
State Health Information Technology Strategic and Operational Plans: The State’s
strategic and operational plans for a statewide HIE that were submitted to and approved by
the ONC to fulfill a mandatory requirement of the State Health Information Exchange
Cooperative Agreement Program. These plans describe how Georgia plans to connect
unaffiliated health care providers who are committed to engaging in the safe and secure
exchange of electronic health information across Georgia and beyond.
Subcontract: Any written contract between the Contractor and a third party, including a
Provider, to perform a specified part of the Contractor’s obligations under this Contract.
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APPENDIX N
REFERRENCE MATERIALS
Reference Materials
http://healthit.gov/
http://www.cms.gov/EHRIncentivePrograms/55_EducationalMaterials.asp#TopOfPage
http://www.cms.gov/EHRIncentivePrograms/55_EducationalMaterials.asp#TopOfPage
Reference Materials
The following are sample campaigns with features and messages similar to those we
envision producing with the selected Vendor:
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The Robert Wood Johnson Foundation
The Robert Wood Johnson Foundation has launched a new month-long consumer-focused
health education campaign called http://www.careaboutyourcare.org/
Partially produced through a partnership with ONC, it was created to raise awareness about
what consumers can do to improve their health care.
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APPENDIX O
PERFORMANCE GUARANTEES
PERFORMANCE
PERFORMANCE MEASUREMENT STANDARD GUARANTEE
Prepare and submit final detailed work plan Contractor must submit FINAL, The Contractor will pay the
addressing all requirements identified in the detailed Work Plan due to DCH Department $500 per business day
RFP, Sections 3.3, Detailed Services within twenty (20) calendar days that it fails to meet this standard.
Required; and Section 3.4, Deliverables. after the Notice of Award, The Contractor will pay the above
addressing all requirements outlined fees to the Department monthly.
in the following RFP Sections: 3.3,
Detailed Services Required; and
Section 3.4, Deliverables.
Conduct benchmarking and produce Contractor must submit a draft The Contractor will pay the
findings regarding the use of electronic benchmarking report no later than Department $500 per business day
health information by providers and December 31, 2011, or an that it fails to meet this standard.
patients, including, but not limited to, alternative date agreed upon by the The Contractor will pay the above
secure exchange of health data, consumer parties. fees to the Department monthly.
privacy and security concerns, provider and
patient awareness of available technology
and access to health information as
described in Sections 3.3.2 and 3.4.2 of the
RFP.
Prepare a draft Marketing Communications Contractor must submit the draft The Contractor will pay the
Plan (MCP) as described in Sections 3.3 and MCP within thirty (30) days of DCH Department $500 per business day
3.4.3 of the RFP. approval of the final benchmarking that it fails to meet this standard.
report. The Contractor will pay the above
fees to the Department monthly.
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PERFORMANCE
PERFORMANCE MEASUREMENT STANDARD GUARANTEE
Prepare final MCP as described in Sections Contractor must submit final MCP The Contractor will pay the
3.3 and 3.4.3 of the RFP. within fifteen (15) calendar days of Department $700 per business day
receipt of DCH feedback from the that it fails to meet this standard.
draft MCP. The Contractor will pay the above
fees to the Department monthly.
Contractor shall implement a fully Contractor must have website fully The Contractor will pay the
operational website dedicated to providing operational within fifteen (15) days Department $1000 per business
innovative consumer related-Georgia HIT of DCH approval of the final MCP day that it fails to meet this
information as described in Sections 3.3.7 or an alternative date agreed to by standard.
and 3.4.4 of the RFP. both parties.
Contractor shall operate and maintain a Upon implementation of the The Contractor will pay the
website dedicated to providing innovative website, the website must be Department $1000 per business
consumer related-Georgia HIT information accessible and functional twenty- day that it fails to meet this
as described in Sections 3.3 and 3.4.4 of the four hours a day, seven days a week standard.
RFP and this Performance Measurement. except for DCH-approved time for
Contractor must formally request DCH system maintenance.
approval and notify DCH prior to any
scheduled system down time. DCH will The Contractor will pay the above
consider any down time not approved by fees to the Department monthly.
DCH or any down time where the
Contractor does not notify DCH as
unscheduled down time.
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