Competitive Procurement Template by 28G69v

VIEWS: 1 PAGES: 60

									                                     STATE OF WASHINGTON
                        OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION
                                     OLYMPIA, WASHINGTON

                                     REQUEST FOR PROPOSALS (RFP)

                                              RFP NO. 2012-06

This RFP is available at the Office of Superintendent of Public Instruction website located at
http://www.k12.wa.us/RFP/ and at the Office of General Administration, Washington Electronic Business
Solution (WEBS) Procurement Website at http://www.ga.wa.gov/webs/. All RFP amendments or Bidder
questions and OSPI answers will be posted to these sites. All interested Bidders must be registered with WEBS
under the following commodity codes in order to receive notifications:

        920-03            Application Service Provider (ASP) (Web Based Hosted)
        920-27            E-Commerce Software Development Services
        920-40            Programming Services, Computer
        920-64            System Implementation and Engineering Services
        920-98-05         DIS ITPS Cat. 5 - Technology Architecture Development
        920-98-12         DIS ITPS Cat. 12 - Desktop Applications Development and Training
        920-98-15         DIS ITPS Cat. 15 - Client Server, Web & N-Tier Application Dev.


PROJECT TITLE: Washington Integrated Nutrition System (WINS) Procurement

PROPOSAL DUE DATE: 3:00 PM (Pacific Daylight Savings Time) May 18, 2012.

ESTIMATED CONTRACT PERIOD: July 2012 – June 2018
Amendments extending the period of performance, if any, shall be at the sole discretion of OSPI.

BIDDER ELIGIBILITY: This procurement is open to those Bidders who satisfy the minimum qualifications
stated herein and who are available for work in Washington State.

SUBMIT PROPOSAL TO:                     Proposal Delivered by Email:
                                        contracts@k12.wa.us

                                        FAXED BIDS WILL NOT BE ACCEPTED.




                                           Page 1 of 60
                  RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
                                    RFP TABLE OF CONTENTS




Section A.     INTRODUCTION _______________________________________________________ 5
  1.    DEFINITIONS _______________________________________________________________________ 5
  2.    PURPOSE OF REQUEST FOR PROPOSALS _________________________________________________ 7
  3.    BACKGROUND _____________________________________________________________________ 7
  4.    PROJECT GOALS ___________________________________________________________________ 11
  5.    SCOPE OF WORK ___________________________________________________________________ 12
  6.    STATE’S ROLE _____________________________________________________________________ 23
  7.    BIDDER MINIMUM QUALIFICATIONS __________________________________________________ 25
  8.    PERIOD OF PERFORMANCE __________________________________________________________ 25
  9.    FUNDING _________________________________________________________________________ 25
  10.     ADA ___________________________________________________________________________ 25
Section B.     GENERAL INFORMATION FOR BIDDERS ___________________________________ 26
  11.     RFP COORDINATOR ______________________________________________________________ 26
  12.     SCHEDULE OF PROCUREMENT ACTIVITIES ____________________________________________ 26
  13.     PRE-PROPOSAL CONFERENCE ______________________________________________________ 27
  14.     SUBMISSION OF PROPOSALS _______________________________________________________ 28
  15.     PROPRIETARY INFORMATION/PUBLIC DISCLOSURE ____________________________________ 28
  16.     ADDENDA AND AMENDMENTS TO THE RFP ___________________________________________ 28
  17.     MINORITY & WOMEN-OWNED BUSINESS PARTICIPATION _______________________________ 29
  18.     ACCEPTANCE PERIOD _____________________________________________________________ 29
  19.     RESPONSIVENESS ________________________________________________________________ 29
  20.     MOST FAVORABLE TERMS _________________________________________________________ 29
  21.     CONTRACT AND GENERAL TERMS & CONDITIONS ______________________________________ 29
  22.     COSTS TO PROPOSE ______________________________________________________________ 30
  23.     NO OBLIGATION TO CONTRACT ____________________________________________________ 30
  24.     REJECTION OF PROPOSALS ________________________________________________________ 30
  25.     COMMITMENT OF FUNDS _________________________________________________________ 30
  26.     PERFORMANCE BASED CONTRACTS AND PENALTY CLAUSE ______________________________ 30
  27.     STATEWIDE VENDOR PAYMENT REGISTRATION________________________________________ 30


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                RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
  28.        INSURANCE COVERAGE ___________________________________________________________ 31
Section C.       PROPOSAL CONTENTS _________________________________________________ 32
  29.        INSTRUCTIONS FOR BIDDERS_______________________________________________________ 32
  30.        MANDATORY REQUIREMENTS PROPOSAL (Pass/Fail) ___________________________________ 32
  31.        MANAGEMENT PROPOSAL (Scored) _________________________________________________ 32
  32.        TECHNICAL PROPOSAL (Scored) ____________________________________________________ 33
  33.        COST/CONTRACT PROPOSAL (Computed/Scored) _____________________________________ 33
  34.        BIDDER ATTACHMENTS ___________________________________________________________ 33
Section D.       EVALUATION AND CONTRACT AWARD ____________________________________ 34
  35.        EVALUATION PROCEDURE _________________________________________________________ 34
  36.        ORAL PRESENTATION AND SCRIPTED SYSTEM DEMONSTRATION _________________________ 35
  37.        NOTIFICATION TO PROPOSERS _____________________________________________________ 35
  38.        DEBRIEFING OF UNSUCCESSFUL PROPOSERS __________________________________________ 35
  39.        PROTEST PROCEDURE ____________________________________________________________ 35
Section E.       PROPOSAL FORMS ____________________________________________________ 37
  Form A – Checklist for Responsiveness _____________________________________________________ 37
  Form B – Certifications and Assurances _____________________________________________________ 38
Section F.       SAMPLE AGREEMENTS _________________________________________________ 39
  Agreement A – Sample Contract for Purchased Services _______________________________________ 39
  Agreement B – Sample Contract General Terms and Conditions (GT&Cs) __________________________ 43
  Agreement C – Sample Vendor Performance Standards ________________________________________ 50
Section G.       RFP REQUIREMENTS AND PROPOSAL TEMPLATES ___________________________ 59
  READ THIS FIRST _______________________________________________________________________ 59
  Template A – Mandatory Requirements ____________________________________________________ 59
  Template B – Management Requirements __________________________________________________ 59
  Template C – Technical Requirements ______________________________________________________ 59
  Template D – Cost/Contract Requirements __________________________________________________ 59
Section H.       RFP ATTACHMENTS ___________________________________________________ 60
  Attachment A – WINS Glossary of Child Nutrition Terms _______________________________________ 60
  Attachment B – WINS Oral Interview and Scripted Demonstration Agenda ________________________ 60
  Attachment C – WINS State of WA, OCIO Security Standards____________________________________ 60
  Attachment D – WINS Report Documentation _______________________________________________ 60
  Attachment E – WINS Data Exchange and Interfaces __________________________________________ 60


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                   RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
Attachment F – WINS Project Charter ______________________________________________________ 60
Attachment G – Legacy Child Nutrition System As-Is Use Cases __________________________________ 60
Attachment H – Legacy Child Nutrition System Work Flow Diagrams _____________________________ 60
Attachment I – Legacy Child Nutrition System Desired Capabilities _______________________________ 60
Attachment J – Legacy Child Nutrition System Desired Requirements ____________________________ 60
Attachment K – WA Child Nutrition Programs 2012 ___________________________________________ 60




                                       Page 4 of 60
              RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
                                 Section A.                INTRODUCTION


1. DEFINITIONS

Definitions for the purposes of this Request for Proposal (RFP) include:

Administrative Review – A comprehensive examination by the State agency of a sponsor to evaluate
compliance with program regulations and provide technical assistance as needed.

ART – Administrative Review and Training. This is a term used to describe the Administrative Review and
Training (ART) Method II Implementation Grant from the U.S. Department of Agriculture Food and Nutrition
Services.

Bid – A formal offer submitted in response to this solicitation.

Bidder – Individual or company (firm, state agency, etc.) submitting a proposal in order to attain a contract with
OSPI.

Contractor – Individual or company whose proposal has been accepted by OSPI and is awarded a fully
executed, written contract.

COTS – Commercial Off-The-Shelf (a software solution commercially available that is performing services
similar to OSPI’s requirements).

End Users – Stakeholders who will use the system. This includes OSPI staff, Local Education Agencies (LEA),
and school administrators.

CNP – Child Nutrition Programs. These programs are funded by the U.S. Department of Agriculture (USDA)
and administered by OSPI to provide child nutrition services.

CNS – Child Nutrition Services. The division within the Office of Superintendent of Public Instruction (OSPI) that
administers Washington child nutrition programs.
Key Staff – The contractor’s principle staff that will provide supervision and direction and will assume lead roles
on the project. This includes but is not limited to the Project Manager, Technical Lead, Requirements Analysis
Lead, and the Technical Architect.

OSPI – Office of Superintendent of Public Instruction is the agency for the State of Washington that is issuing
this RFP.

Project Requirements – The new set of requirements developed in the project’s Requirements Analysis
Component, reviewed and approved by OSPI.

Proposal – A formal offer submitted in response to this solicitation.

Request for Proposals (RFP) – Formal procurement document in which a service or need is identified but no
specific method to achieve it has been selected. The purpose of an RFP is to permit the Bidder community to
suggest various approaches to meet the need at a given price.

RFP Attachments – All attachments included in this solicitation. See RFP Attachments (Section H).



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                   RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
RFP Requirements – All requirements included in this solicitation. This includes the RFP Scope of Work
(Section 5) and RFP Requirements and Proposal Templates (Section G).

USDA – United States Department of Agriculture.

Vendor – Individual or company (firm, state agency, etc.) submitting a proposal in order to obtain a contract with
OSPI.

WINS – Washington Integrated Nutrition System. The name given to the new system being procured to replace
Washington’s legacy child nutrition system.




                                           Page 6 of 60
                  RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
2. PURPOSE OF REQUEST FOR PROPOSALS

The State of Washington Office of Superintendent of Public Instruction (OSPI) is initiating this Request for
Proposals (RFP) to solicit proposals from vendors interested in implementing a modified commercial off-the-
shelf (COTS) child nutrition solution to meet the current needs of OSPI Child Nutrition Services (CNS).

The new system will be a modern, web-based solution to support Washington’s initiative to simplify and
centralize data entry, increase the accuracy of claims, and enhance federal and state reporting with advanced
reporting tools. The new system will improve data analysis capabilities to increase overall program integrity and
administrative accuracy. The system will be comprehensive and relate data across all OSPI child nutrition
programs. OSPI refers to this project as the Washington Integrated Nutrition System (WINS) project.

The contract resulting from this procurement will have six (6) initial base years and an optional four (4) year
extension. The project’s implementation activities will occur during the initial base period and OSPI expects the
federally funded School Nutrition Programs to be implemented no later than December 2013. Following the
successful implementation of WINS, OSPI expects the Bidder to maintain and operate the system to support
Washington’s child nutrition programs.



3. BACKGROUND

In August 2011, the State of Washington Office of Superintendent of Public Instruction (OSPI) received an
Administrative Review and Training (ART) Method II Implementation Grant from the U.S. Department of
Agriculture Food and Nutrition Services to support the implementation of a new innovative training, monitoring,
and technology solution.

The project is funded from two sources. The ART Grant provides a majority of the funding to replace OSPI’s
legacy child nutrition system. In addition to the grant, Washington will independently provide additional funding
to accommodate the implementation of a comprehensive, integrated solution to meet the broader needs of
Washington child nutrition programs.

       ART Funded Programs
           o National School Lunch Program
           o School Breakfast Program
           o Seamless Summer Feeding Program
           o Afterschool Snack Program
           o Fresh Fruit and Vegetable Program

       OSPI Funded Programs
           o Special Milk Program
           o Child and Adult Care Food Program
           o Summer Food Service Program

A dedicated project team has been assembled to support acquisition and implementation of the new integrated
child nutrition system. OSPI expects to procure an experienced software vendor to provide a commercial off-
the-shelf (COTS) solution. The software vendor will then modify their proposed solution to meet the needs of
Washington child nutrition programs.




                                           Page 7 of 60
                  RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
 Washington’s Child Nutrition Programs

 A detailed description of all Washington’s Child Nutrition Programs can found in RFP Attachment K – WA Child
 Nutrition Programs 2012.



 Washington Child Nutrition Organizational Chart




                                                                  OSPI Child Nutrition
                                                                 Services (CNS) Director




School Breakfast   National School     Fresh Fruit and    Summer Food          Seamless Summer     Child and Adult   Food Distribution      Financial
   Program         Lunch Program          Vegetable      Service Program        Feeding Program      Care Food          Program          Accounting Unit
    (SBP)              (NSLP)          Program (FFVP)        (SFSP)                   (SP)        Program (CACFP)         (FDP)




                   Afterschool Snack                     Audit Support              Information
                    Program (ASP)                          Services                 Technology
                                                                                      Support




 Washington’s Legacy Child Nutrition System

 The legacy child nutrition system supports sponsor applications and claim processing, as well as OSPI activities
 to manage, track, and report the administration of state child nutrition programs. Sponsors (school districts,
 private schools, agencies, institutions) enter qualifying information into the system, and when approved, submit
 claims for meals served. The system calculates payments and advances according to federal rules and
 reimbursement rates, and processes the application and claim data into state and federal report formats.

 The legacy system contains functional modules for School Nutrition Programs, Child and Adult Care Food
 Program, and the summer feeding programs. It does not contain a module for the Fresh Fruit and Vegetable
 Program (FFVP) or the Food Distribution Program (FDP).

 A new FDP system was recently implemented and the functional FDP components are not part of this RFP.
 The new WINS is expected to interface with the new FDP system to exchange data and provide an integrated
 client centric model for OSPI Child Nutrition Program stakeholders.

 The legacy system is a web-based application designed to support sponsors of child nutrition programs to
 submit applications and, once these applications are approved by state Child Nutrition Services (CNS) staff, to
 create and submit claims online. For Washington State, the legacy system is divided into three programs: the
 National School Lunch Program, Summer Foods Service Program, and the Child and Adult Care Food Program.
 Each program has its own set of business rules and users. OSPI CNS staff use the system to review the
 applications and claims, approve and pay them or reject them as required by business rules. State CNS
 personnel can run standardized or “canned” reports on demand. The system creates output files that are
 submitted to OSPI Apportionment and state accounting systems to generate payments. The system generates
 reports and data extracts to comply with USDA rules and regulations, as well as support OSPI’s administration
 of the child nutrition programs.



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                           RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
It is a comprehensive application and claiming system. Participants enter their qualifying information by
program into an application (e.g., meals, serving data, budget, management plan, staffing). When the
application is approved, a sponsor may submit a claim for the meals provided. The system enforces federal
regulations as well as state policy. It includes claim payment tracking and an accounting system (auditing,
overpayments, interest, and other requirements), reports specific to each of the programs, and required federal
reports and financial data extracts sent to the state payment system.

Having utilized the legacy system for more than a decade, it is now outdated and the volume of changes
required to meet the State’s present-day needs is substantial. Major issues can be summarized as follows:
       The workflow is outdated and inefficient. Sponsors are sometimes required to re-enter data and the
        editing of data is not comprehensive to ensure the accuracy of data entered.
       The legacy system does not include site-based claims for all programs, which compromises
        accountability.
       Online instructions for entering data are not clear, resulting in inaccurate information.
       The legacy system does not include a Coordinated Review Effort (CRE). Therefore, review data cannot
        be easily evaluated, compared, or tracked. This capability is a key factor in the ability to identify errors
        and address them in a unified and comprehensive way.
       The legacy system incorporates the Seamless Summer Feeding Program functionality within the
        Summer Food Service module. OSPI expects the new WINS to integrate the Seamless Summer
        Feeding Program with the school nutrition module.
       The legacy system does not integrate the Fresh Fruit and Vegetable Program.
       The legacy system does not contain an ad-hoc reporting capability.

The legacy child nutrition system is mission-critical software. The business processes it supports must be
performed with complete accuracy and cannot be interrupted by outages.




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                  RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
                                              Legacy System Context Diagram

The legacy System Context Diagram is used to represent the critical actors that are external to the system but
still can interact with the system. The legacy child nutrition system (CNP2000) is at the center surrounded by all
its interacting systems, environments and activities. The objective of a system context diagram is to focus
attention on external factors and events that should be considered when replacing Washington’s legacy child
nutrition system.

(Note: The FFVP and Food Distribution programs are not components of the legacy system)




                                                                           From USDA: Guidance, Oversight, Funding
                                                                                  From OSPI: Data, Reports


                                                                                                                                    USDA
                                                USDA Child Nutrition
                              Reports                                                                                             Web-Based
                                                                                                                                 Supply Chain
                                                                                                                              Management System
                                         OSPI Child Nutrition Program
                                                                                                                                  (WBSCM)
                                               CNP 2000 System
                                                                         CNP Web

                           Fresh Fruit
                                                                          WA Food
                           & Vegetable
                                                                         Distribution                  Food Orders
                             Program
                                                                          Program
                             (FFVP)

                                                                                                   Applications           WA Distribution
                                                                                                    & Claims                Partner(s)
                                                                                                                          (warehouse(s))
            Applications
             & Claims
                           Public School                                           Non-Public School                          Food
                            Sponsors                Claim                              Sponsors
                                                  Payment
                                                  .txt files


Public School
 Sponsors                                                                                                        Sponsors
                                                                                                                  that are
                            Apportionment                                       AFRS                             not Public
                                                                                                                  Schools


     Payments                                Payments                                         Payments


                       County Treasurers               State Treasurer                                       2012-02-29 v.5

                                                                         Food




                                           Page 10 of 60
                   RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
4. PROJECT GOALS

Implementing the new WINS will support a number of key goals identified by OSPI.         Bidders should prepare
their proposals in the context of OSPI’s intent to:


Establish Partnership with Vendor
OSPI is seeking to establish a long-term, collaborative partnership with a Vendor that is built upon open and
clear communication, proper planning and expectation management, and mutual respect. In practice, the WINS
project team is comprised of both OSPI and Vendor personnel and will require a collaborative approach to
decision making at all levels of the project to promote a productive team environment for project success.


Strengthen Program Integrity and Administrative Accuracy
The WINS project will expand OSPI’s capability to capture and analyze meaningful data to improve program
integrity and administrative accuracy for Washington child nutrition programs. OSPI’s improved ability to
effectively conduct Administrative Reviews will provide an opportunity to identify and support Local Education
Agencies (LEA) with a high level, or a high risk for, administrative error.


Improve Internal and External Partnerships
The WINS project will support OSPI’s capacity to efficiently collect and report accurate data. The use of client
self-service and common electronic solutions for data exchange will improve partnerships with stakeholders,
state agencies, and LEAs.


Improve Service with Integrated Work Flows
The WINS project will transition OSPI staff from a ten year old legacy system with numerous work arounds to a
modern child nutrition system with integrated work flows and automated capabilities to efficiently assist CNP
Sponsors in providing quality nutrition programs.


Address Business Needs by Using Industry Best Practices
OSPI is seeking to leverage existing best practices from Bidders. It is assumed that many of the requirements
can be fulfilled by the Bidder’s existing solution with little or no modification. At the same time, OSPI realizes
that some requirements of the project are in fact unique to the Washington’s child nutrition programs. The
expected WINS functionality and capabilities include, but are not limited to:

       Site Based Claims
       Administrative Reviews/Coordinated Review Effort
       Client/Sponsor Centered Data Model with a Universal Application
       Meal Planning and Analysis
       Earnings Module
       Forms Download Capabilities
       Ad-Hoc Reporting
       Robust Online Help




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                  RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
5. SCOPE OF WORK

The scope of work requested in this RFP is to acquire the services of a Vendor that can provide a commercial
off-the-shelf (COTS) child nutrition solution and then modify the proposed solution to meet the needs of OSPI
Child Nutrition Services. After successful implementation, the Vendor will continue to provide ongoing
maintenance support of the solution.

The new Washington Integrated Nutrition System (WINS) must function comprehensively to support a number
of Washington child nutrition programs. The successful Bidder is responsible for the design, development, test,
and implementation of an integrated solution to support the following programs:

       School Nutrition Programs
           o National School Lunch Program
           o School Breakfast Program
           o Seamless Summer Feeding Program
           o Afterschool Snack Program
           o Fresh Fruit and Vegetable Program
           o Special Milk Program

       Child and Adult Care Food Program

       Summer Food Service Program

A new State of Washington Food Distribution Program (FDP) system was recently implemented and currently
meets the needs of OSPI. The FDP USDA Foods system will not be replaced, but the new WINS will
authenticate all users, provide a single login for all OSPI child nutrition stakeholders, and allow users to
seamlessly link from WINS to the FDP USDA Foods system.


Project Components & Deliverables

The State of Washington has identified ten (10) major components it expects Bidders to complete in the
execution of WINS project activities. Bidders should plan their proposal in the context of the following project
components:

       Implementation
            1. Management and Control
            2. Initiation and Planning
            3. Requirements Analysis
            4. System Design
            5. System Development
            6. System Documentation
            7. Testing
            8. Training
            9. Implementation
       Maintenance
            10. Maintenance Support and Application Hosting

In implementing each of the ten (10) project components, OSPI expects the successful Bidder to:

       Work collaboratively with OSPI staff and the project team to complete all project components.
       Follow a standard project management methodology and best practices.
       Pro-actively lead and coach OSPI through the entire project.


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                  RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
      Provide leadership and vision to pro-actively identify and resolve potential risks and issues.
      Facilitate meetings with business users, business and technical subject matter experts, and OSPI
       project personnel to obtain needed information or data necessary to complete the work.
      Comply with OSPI’s approved scope management plan.

1-Management and Control Component
Day-to-day management of the Bidder’s proposed team and schedule will be the responsibility of the Bidder’s
project manager. The Bidder’s project management approach and techniques should follow an established
industry standard (e.g., Project Management Institution’s PMBOK®) and must exhibit sound project
management practices. The key benefit is that project performance is observed and measured regularly to
identify variances from the project plans.

The Bidder’s project manager will work closely with OSPI’s project manager to pro-actively manage issues,
risks, schedule, and all other aspects of the project as necessary.

The Bidder must provide a support collaboration tool (e.g., SharePoint) for management of all project
documents and the site must be accessible by OSPI project team members and stakeholders.

The Bidder’s Management and Control Component activities include:

      Measuring the ongoing project activities (where we are).
      Monitoring the project variables (scope, schedule, budget, etc.) against project plans and the project’s
       performance baseline (where we should be).
      Identifying corrective actions to address issues and risks properly (How to get on track again).
      Influencing the factors that could circumvent integrated change control so only approved changes are
       implemented.
      Providing routine project status updates to stakeholders.
      Managing, tracking, and reporting progress of all project activities including, but not limited to design,
       development, testing, training, and documentation.

Key Deliverables:

       Status Report Deliverables
       At a minimum, the Deliverables must include:
            Tracking and reporting of project activities
            Activities Completed, Activities Planned, Risks, Issues, Budget Detail, and other
               content as mutually agreed
            Frequency: Twice monthly
       Microsoft Project Work Plan Deliverables
       At a minimum, the Deliverables must include:
            Detailed plan for all project activities planned and completed, and percent
               complete for all activities in process but not yet complete
            Task durations should not exceed 80 hours and Bidder dependencies on OSPI
               must be clearly communicated
            Frequency: Twice monthly
       Issue and Risk Report Deliverables
       At a minimum, the Deliverables must include:
            Issue and Risk management activities and plans
            Frequency: Twice Monthly
       Change Control / Scope Management Log Deliverables
       At a minimum, the Deliverables must include:


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                    RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
               Content: Change Control and Scope Management activities and plans
               Frequency: Twice Monthly
        Ad-Hoc Status Briefings
        At a minimum, the Deliverables must include:
             Written reports and PowerPoint briefings as needed
             Frequency: Occasional meetings with OSPI Executives, Steering Committee,
                Project Oversight entities, etc.
        Scheduled Meetings and Workshops
        At a minimum, the Deliverables must include:
             Meeting agendas published a reasonable amount of time in advance of the
                scheduled meeting
             Meeting minutes that record topics addressed during the meeting, decisions
                made during the meeting, and outstanding action items
             Frequency: Occasional meetings with OSPI staff and project stakeholders


2-Initiation and Planning Component
The project initiation and planning activities will enable the Bidder and OSPI to jointly and collaboratively refine
and detail the Bidders proposed project management processes, work plan and schedule.

The Bidder’s Initiation and Planning Component activities include:

       Working with OSPI staff to detail project management processes and procedures to be executed in
        managing the project.
       Detail the Microsoft Project work plan and schedule, including the work from the Gap Analysis
        Deliverable.
       Detail the resource management plan to provide OSPI visibility into Bidder’s approach to complete the
        work.


Key Deliverables:

        Project Management Plan Deliverable
        At a minimum, the Deliverable must include:
             Vendor Organizational Chart
             Vendor Roles/Responsibilities
             Resources/Staffing Management
             Requirements Management
             Risk Management
             Issue Management
             Change/Scope Control Management
             Communication Management
             Quality Assurance Management
        Project Work Plan and Schedule Deliverable
        At a minimum, the Deliverable must include:
             Refinement of Bidder's proposed Microsoft Project work plan
             Inclusion of original RFP schedule assumptions
             Inclusion of joint planning/prioritization conducted by OSPI and the Bidder
             Inclusion of work identified in the Gap Analysis Deliverable



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                    RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
3-Requirements Analysis Component

The RFP Requirements identify the high-level functionalities and capabilities that must be included in the
Bidder’s proposed solution. The RFP Requirements are not intended to be all inclusive of OSPI’s desired
functionality, but instead are intended to provide the types of activities expected within the WINS application
and claims processing, reporting, and accountability system. The final set of Project Requirements will be
developed by the Bidder and OSPI staff after the award has been made, but prior to the Design
Component.

OSPI is seeking a Bidder with the knowledge and expertise to lead OSPI staff through a joint review and
assessment of WINS project artifacts and artifacts from the Bidder’s proposed solution to develop a new set of
detailed Project Requirements based in the context and architecture of the Bidder’s proposed solution.

The Bidder’s Requirements Analysis Component activities include:

       Assess the original RFP requirements.
       Assess the Bidder’s effort to fill each of the requirement gaps, indicating whether that action requires
        configuration or customization of the Bidder’s solution.
       Work on-site with OSPI staff to clarify how the Bidder’s proposed solution will meet OSPI requirements
        in the context of the Bidder’s Requirements Analysis approach and methodology.
       Document findings of the Bidder’s work to assess the original RFP requirements and the on-site work to
        clarify requirements and functionality with OSPI staff.
       Identify and document where gaps in the proposed solution need to be filled.
       Assess the Bidder’s effort to fill each of the requirement gaps.
       Develop a new set of Project Requirements to support design/development of the new system.
       Managing and tracking Project Requirements to original RFP requirements.

Key Deliverables

        Gap Analysis Deliverable
        At a minimum, the Deliverable must include:
             A detailed mapping of requirement gaps where the Bidder's proposed solution
                requires modification to meet the Project Requirements
             The Bidder's approach for bridging each gap, resources to be assigned, and the
                estimated effort to complete the work

        Project Requirements Deliverable
        At a minimum, the Deliverable must include:
             A comprehensive set of new, jointly validated requirements based upon:
                  o RFP Requirements
                  o USDA Rules and Regulations
                  o Capabilities of Bidder’s proposed solution
                  o RFP Attachments
             A detailed mapping of each original RFP Requirement traced to an entry in the
                Project Requirements
             The tool(s) and processes the Bidder will use to actively manage Project
                Requirements and maintain requirements traceability throughout the project




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                   RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
4-System Design Component

The system design component documents the unified design and architecture elements to be applied to all
project components, as well as the detailed plans, activities, and specifications to perform the migration of
legacy data to the new WINS.

If the Bidder elects to use packaged third party software applications in the solution, the Bidder must indicate
which requirements are satisfied by the package components and incorporate the appropriate supporting
product documentation into the design deliverables.

The basis for the design specification shall be based on the Project Requirements approved by OSPI during the
project’s Requirements Analysis Component.

The Bidder’s System Design Component activities include:
    User Interface
    Online Help
    Reports
    Database
    Data Dictionary
    System Architecture
    Data Interfaces
    Data Migration
    Walk-through with OSPI business and technical staff

Key Deliverables:

       System Design and Architecture Deliverable
       At a minimum, the Deliverable must include:
            Architecture diagrams
            Navigation flows
            Screen/ page design
            Report design
            Entity relationship diagrams
            Interface design specifications

       Upon submission of the Deliverable for OSPI review, the Bidder will conduct a walk-
       through to include:
            Database walk-through and sign-off by OSPI business team members
            Security design audit by OSPI technical staff or designates
            Logs of defects/issues and remediation
            Final design review and approval by the OSPI project sponsor and team

       Data Migration Plan & Specifications
       At a minimum, the Deliverable must include:
            Approach
            Tasks/Activities
            Planned Schedule
            Specifications and Mapping
            Testing Strategy




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                    RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
5-System Development Component

OSPI anticipates that the Bidder’s proposed COTS solution will come with a proven set of functionalities and
capabilities to meet most RFP Requirements. Where the Bidder’s proposed solution needs modification, it is the
Bidder’s responsibility to modify the proposed solution or create new functionalities and capabilities to meet
Project Requirements.

The Bidder’s System Development Component activities include:
    Modifying the proposed solution to meet Project Requirements
    Unit Testing
    Providing interim reviews of functional capabilities to OSPI
    Maintaining detailed work plans, as well as detailed reports of planned/actual system development
       components/activities

Key Deliverable:


       System Development Complete Deliverable
       At a minimum, the Deliverable must include:
            A letter providing the Bidder’s written assurance that each module of the system
               has been developed and unit tested to meet Project Requirements




6-System Documentation Component

The Bidder is responsible for creating all system documentation. Bidders are expected to provide a robust set
of user documentation and online help support tools, such as “how to” guides and “tips and tricks.”

Bidders are free to propose the integration of a third party package software product. If a packaged software is
used as part of the new WINS, the user and technical software for those applications should be incorporated
into the overall documentation provided.

The Bidder’s System Documentation Component activities include:
    Development of online help, with “how to” and “quick tips”
    Documentation of business rules and workflows
    Reports
    Documentation to support training
    Interface Specifications



Key Deliverables:

       User Documentation Deliverable
       At a minimum, the Deliverable must include:
            Navigation
            Work Flow
            User Configurable items
            User Access and Security



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                    RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
        Online Help Deliverable
        At a minimum, the Deliverable must include:
             Tight integration with the online application functionality
             Context sensitive help
             Links to related information and web-sites

        As-Built System Design and Architecture Deliverable
        The deliverable is an update to the previously approved As-Built System Design and
        Architecture Deliverable. OSPI requires a Deliverable that accurately reflects the system
        as delivered at implementation go-live.



7-Testing Component

The successful Bidder will be responsible for assuring the application system performs as designed and meets
all Project Requirements.

The Bidder’s Testing Component activities include:

       Unit Test
       System Test
       Integration Test
       Load & Performance Test
       Data Interface Testing
       Data Migration Testing
       User Acceptance Test Support
       Tracking and reporting test progress and test defects. The management and reporting of test progress
        and defects must be included in Bidder status reports (e.g., management and control activities).

Key Deliverables:

        Test Plan Deliverable
        For each test activity, the Deliverable must include:
             Describe how each module and component will be tested
             Describe how testing will be managed, tracked, and reported
             Entry/Exit criteria for each test
             Coordinating interface testing with interface partners
             Using testing tools for any automated testing
             Reviewing the results with OSPI
        Test Cases Deliverable
        For each test activity, the Deliverable must include:
             Test Cases for all project modules and components to ensure the new system will
               meet Project Requirements

        Test Results Deliverable
        For each test activity, the Deliverable must include:
             Test Results for each level of testing (excluding the unit test)



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                    RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
       Test Complete Certification Deliverable
       At a minimum, the Deliverable must include:
            The Test Complete Certification Deliverable will certify that the Bidder has fully
               tested all system modules and components so that OSPI can begin the User
               Acceptance Test

       User Acceptance Test Support Plan Deliverable
       At a minimum, the Deliverable must include:
            How the Bidder will support OSPI’s execution of the User Acceptance Test



8-Training Component

Successful adoption of the new system is dependent on OSPI stakeholders, system users, and support teams
having an adequate understanding on how to best use the features and functions of the new WINS to perform
their functions. The successful Bidder will create and provide all the necessary training plans and training
materials for the project, as well as conduct several types of training.

The Bidder’s Training Component activities include:
    Assessing and documenting training needs
    Developing training plans and materials
    Training OSPI staff
    Training OSPI staff as system trainers (i.e., train the trainer)
    Training OSPI staff as technical support – Knowledge transfer of operational support responsibilities
       required of the new system (e.g., Interface processes/procedures)

Key Deliverables:

       Training Plan Deliverable
       At a minimum, the Deliverable must include:
            Assessing and documenting OSPI training needs
            Training goals and learning objectives
            Training methods and activities to be used
            Schedule of training
            Tools to measure evidence of learning
       Training Materials Deliverable
       At a minimum, the Deliverable must include:
            All system Modules and project components
            Tailored training materials to utilize hands-on exercises using “valid” OSPI
               business examples instead of generic examples
            Refreshing data and synchronizing system/code in support of training activities
            Formatted materials with common tools that can be easily updated by OSPI staff
               trainers to conduct future trainings
       Training Execution Deliverable
       At a minimum, the Deliverable must include:
            User Training
            Train the Trainer
            Technical Training


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                    RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
9-Implemention Component

Deploying the system consists of executing all steps necessary to place the newly developed system into
production, ensuring business users are ready to accept the new system, confirming that all data required is
available and accurate, and validating all business capabilities are functioning properly.

The Bidder’s Implementation Component activities include:
    Identify and plan for business, system, and operational implementation dependencies
    Develop plans to actively track and manage implementation dependencies
    Evaluate business readiness and user training for transition to new system
    Develop and document all maintenance support processes prior to go-live
    Document the project’s Final Report

Key Deliverables:


       Implementation Plan Deliverable
       The Deliverable, to be jointly developed with OSPI, must include the Bidder’s plan to
       conduct implementation activities to achieve a successful implementation.

       Business Readiness/Transition Plan Deliverable
       The Deliverable, to be jointly developed with OSPI, must include the Bidder’s plan to
       conduct business readiness and transition activities to achieve a successful
       implementation.

       Maintenance Support Plan Deliverable
       At a minimum, the Deliverable must include:
            Identification of major activities planned for the upcoming year
            Approach to measuring customer service performance
            Plans to address where customer service performance can be improved
            Disaster Recovery Planning and Execution
            Delivery of updated User Documentation

       Final Report Deliverable
       At a minimum, the Deliverable must include:
            Executive Summary
            Key Activities/Milestones
            Performance Metrics (Scope, Schedule, Budget)
            Tasks and Activities to be completed
            Open Issues and Risks
            Lessons Learned
            Recommendations




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                    RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
10-Maintenance Support and Application Hosting

Upon successful implementation of the solution, the Bidder is expected to provide subsequent ongoing system
maintenance services and application hosting support for the solution. Note: Bidder’s proposal must provide for
hosting the application, but the Bidder’s Cost Proposal provides an opportunity for the Bidder to communicate
the details of OSPI hosting the solution.

Maintenance and operation of the system and software will require the Bidder’s staff to pro-actively identify
potential modifications needed to ensure that the system continues to operate as intended and produces quality
data. Modifications may be required to take advantage of hardware upgrades or new releases of system
software and application software used to operate the system. Modifications to the system and databases may
be required to resolve errors or performance problems.

OSPI and the Vendor will follow a mutually agreed change management process to support user requested
enhancements, new regulations, and other application changes required to support OSPI child nutrition
programs.

The Bidder’s Maintenance Support and Application Hosting activities include:

       Management and Control
           o Management of maintenance support team
           o Change control and change request management
           o Performance and Status Reporting
           o Development of the Maintenance Support Plan
           o Relationship management and meeting the needs of OSPI
           o Leadership to pro-actively identify and resolve issues

       Application Support
           o Provide technical resources to perform corrective, adaptive, and perfective maintenance
           o Provide technical expertise to assess the optimal method of implementing change
           o Maintain automated data exchanges and interfaces
           o Install, configure, upgrade, and maintain data base(s)
           o Develop and maintain a performance and tuning plan for online processes and data bases
           o Perform configuration/design audits to ensure software, system, and parameter configuration
                are correct
           o Maintain System and User Documentation
           o Report and coordinate installation of major patches or system upgrades with OSPI in
                accordance with the mutually agreed standards defined in the Annual Maintenance Support
                Plan and Performance Standards

       Application Hosting
           o Ensure that systems and networks are running and available during the defined hours of
                Operations
           o Implement non-emergency requests during scheduled Outages, as prescribed in the
                Maintenance Support Plan
           o Perform backups (day-to-day protection, contingency)
           o Perform physical security functions, as well as proper security clearances and access
                privileges for all personnel
           o Ensure disaster recovery planning current and regularly tested
           o Ensure that service level objectives are kept accurate and are monitored




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                  RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
           o   Maintain performance measurements, statistics, and system logs. Examples of performance
               measures include volume and frequency of data to be processed in each mode, order and type
               of operations
           o   Monitor the performance statistics, report the results and escalate problems when they occur

The Bidder is expected to maintain industry standard best practices for systems and software
management. Bidders must agree to enter into a contract that contains substantially the same general
terms and conditions as shown in the Sample Performance Standards (Agreement C).


Key Deliverables:


       Annual Maintenance Support Plan
       At a minimum, the Deliverable must include:
            Major activities for the upcoming year
            Measuring customer service performance
            Identifying where customer service performance needs improvement
            Business Continuity Planning
            Execution of Disaster Recovery Plans
            Delivery of updated User Documentation

       At a minimum, the Bi-Annual Update of the Deliverable must include:
            Report of progress to initiatives outlined in annual plan




       Monthly Service Reports
       At a minimum, the Deliverable must include:
            System Performance Reports
            Defect Reporting
            Change Request Reporting




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                    RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
6. STATE’S ROLE

OSPI shall provide Project Management oversight and will be available to the apparently successful contractor
as needed.

   OSPI has the following resources assigned to the project:
       One Project Manager (full-time)
       Two Business Analysts (full-time)
       Numerous Subject Matter Experts (available as necessary)

   As part of the work request, OSPI will provide:
          Project Management support and oversight
          Oversight of technical compatibility
          Business analyst support services to assist the Bidder
          Technical review and oversight
          User Acceptance Testing
          Guidance, support, and oversight in Bidder’s training activities
          Timely response to questions, requests for clarification, and issue resolution
          Approval for Bidder deliverables
          Physical work space for Bidder staff identified to be on-site

   The project will have two independent oversight bodies:
       Independent Quality Assurance
       Office of the State Chief Information Officer, Management and Oversight of Strategic Technologies
           Division (MOSTD)




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                 RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
Project’s Organization Chart

The project will be governed under the direction of the Project Sponsor and the Steering Committee. The
Project Manager will report directly to the Project Sponsor and all decisions influencing scope, schedule, and
budget will be the responsibility of the Project Sponsor.




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                 RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
7. BIDDER MINIMUM QUALIFICATIONS

The Bidder must meet all of the minimum qualifications of the Mandatory Requirements (Template A).


8. PERIOD OF PERFORMANCE

The period of performance of any contract resulting from this RFP is tentatively scheduled to begin on or about
July 2012 and end on or about June 2018 with implementation of ART funded School Nutrition Programs no
later than December 31, 2013. The option to extend any contract resulting from this procurement shall be at the
sole discretion of OSPI.

As such, OSPI reserves the right to amend the contract for up to four (4) additional contract years through 2022.
Decision to amend shall be based on sustained satisfactory performance as decided by the Superintendent’s
designee, successful completion of project objectives, and availability of funding.

Additional services that are appropriate to the scope of this RFP, as determined by OSPI, may be added to the
resulting contract by a written amendment mutually agreed to and executed by both parties.


9. FUNDING

The exact financial terms shall be determined during contract negotiation. Proposals shall include Bidder’s most
favorable and competitive cost estimate to perform the work.

The project’s funding and timeline constraints have directed OSPI to a COTS solution as the best model given
the required timeline. If Bidders are not able to meet OSPI expectations regarding cost and schedule, OSPI
may opt to terminate this RFP.

OSPI will need to carefully weigh the Bidder's cost estimate with its associated portfolio value. OSPI will require
a list of Deliverables with separate costs for each Deliverable as part of the cost proposal for this RFP. The
project budget is listed below to guide the Bidder in providing their most favorable and competitive cost estimate
to perform the work.

Any contract awarded as a result of this procurement is contingent upon the availability of funding.

    Implementation Project Budget
    OSPI has a “not to exceed” budget of $1.2 million to perform the RFP’s implementation scope of work. In
    addition to the Bidder’s implementation budget, OSPI has budgeted $100,000 to support potential change
    requests. The contract maximum for implementation of the new system is $1.3 million.



10. ADA

OSPI complies with the Americans with Disabilities Act (ADA). Bidders may contact the RFP Coordinator (RFP
Section 11) to receive this Request for Proposals in an alternative format.




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                  RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
             Section B.              GENERAL INFORMATION FOR BIDDERS

11. RFP COORDINATOR

The RFP Coordinator is the sole point of contact in OSPI for this procurement. All communication between the
Bidder and OSPI upon receipt of this RFP shall be with the RFP Coordinator, as follows:

            Name                                 Brenda Merritt
            Physical Address                     600 Washington Street South
            Mailing Address                      PO Box 47200
            City, State, Zip Code                Olympia WA 98504-7200
            Phone Number                         360.725.6219
            Fax Number                           360.725.6240
            E-Mail Address                       contracts@k12.wa.us

All communications concerning this RFP must be directed only to the RFP Coordinator via email. Any other
communication will be considered unofficial and non-binding on OSPI. Bidders are to rely on written statements
issued by the RFP Coordinator. Communication directed to parties other than the RFP Coordinator may result
in disqualification of the Bidder.


12. SCHEDULE OF PROCUREMENT ACTIVITIES
    Item                                       Action                                      Date
      1.     OSPI Issues RFP                                                        April 17, 2012
      2.     Question and Answer Period                                             April 17 – May 4,
                                                                                    2012
      3.     Pre-Proposal Conference                                                April 30, 2012
      4.     Last Date for Questions Regarding RFP                                  May 4, 2012 3:00
                                                                                    PM Pacific
                                                                                    Daylight Savings
                                                                                    Time – (PDST)
      5.     Final Question and Answer Addendum or Amendment Posting to             May 11, 2012
             OSPI’s website (http://www.k12.wa.us/rfp/) and WEBS.
      6.     Proposals Due                                                          May 18, 2012 at
                                                                                    3:00 PM PDST
      7.     Evaluation of Written Proposals                                        May 18 – June 1,
                                                                                    2012
      8.     Notify Finalists                                                       June 4, 2012
      9.     Oral Interviews / Scripted System Demonstrations with Finalists        June 11 – June
                                                                                    15, 2012
      10.    Announce “Apparently Successful Vendor” and Send Notification to       June 19, 2012
             Unsuccessful Proposers
      11.    Debriefing Conferences (if requested)                                  June 19 – June
                                                                                    26, 2012
      12.    Contract Negotiation                                                   June 19 – July 3,
                                                                                    2012
      13.    Contract Start Date                                                    July 3, 2012

OSPI reserves the right to revise the above schedule.



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13. PRE-PROPOSAL CONFERENCE

A pre-proposal conference is scheduled for April 30, 2012 via go-to-meeting webinar. The details of the pre-
proposal conference are listed below. All prospective Bidders should attend; however, attendance is not
mandatory. Written questions for the conference may be submitted in advance to the RFP Coordinator but must
be received by 3:00PM (Pacific Time) April 26, 2012. OSPI shall be bound only to written answers to questions.
Any oral responses given at the pre-proposal conference shall be considered unofficial.

Within seven business days following the pre-proposal conference, a copy of the questions from the pre-
proposal conference, along with the official OSPI answer, will be placed on the OSPI website and released on
WEBS.




   WINS Procurement Bidder's Conference
   Join us for a Webinar on April 30




   Reserve your Webinar seat now at:

   https://www1.gotomeeting.com/register/268671257

   Presentations and Q&A opportunity for the Washington Integrated Nutrition System (WINS) procurement.

   Title: WINS Procurement Bidder's Conference
   Date: Monday, April 30, 2012
   Time: 10:00 AM - 11:30 AM PDT

   After registering you will receive a confirmation email containing information about joining the Webinar.

   System Requirements
   PC-based attendees
   Required: Windows® 7, Vista, XP or 2003 Server

   Macintosh®-based attendees
   Required: Mac OS® X 10.5 or newer




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14. SUBMISSION OF PROPOSALS

Proposals must be submitted via email only. Proposals may not be transmitted via facsimile.

Bidders shall submit proposals as an attachment to an email to the RFP Coordinator (Section B.11). Proposals
must arrive by the date and time as listed in Schedule of Procurement Activities (Section B.12). Attachments to
the email shall be in Microsoft Word format or in Portable Document Format (PDF). Zipped files may be
received by OSPI and can be used for submission of proposals. OSPI does not assume responsibility for any
problems with the electronic delivery of Applicant materials; test submission may be sent to ensure file sizes are
accepted through all points in transit.

Proposals not received by the deadline will not be reviewed. Late proposals will not be accepted and will be
automatically disqualified from further consideration. Proposals must respond to the procurement requirements.
Do not respond by referring to material presented elsewhere. The proposal must be complete and must stand
on its own merits.

Failure to respond to any portion of the procurement document may result in rejection of the proposal as non-
responsive. All proposals and any accompanying documentation become the property of OSPI and will not be
returned.


15. PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

Proposals submitted in response to this competitive procurement shall become the property of OSPI.

All proposals received shall remain confidential until the contract, if any, resulting from this RFP is signed by the
Assistant Superintendent/designee and the apparently successful contractor; thereafter, the proposals shall be
deemed public records as defined in RCW 42.56.

Any information in the proposal that the Bidder desires to claim as proprietary and exempt from disclosure under
the provisions of RCW 42.56 must be clearly designated. The page and the particular exception from disclosure
upon which the Bidder is making the claim must be identified. Each page claimed to be exempt from disclosure
must be clearly identified by the word “Confidential” printed on the lower right hand corner of the page.

OSPI will consider a Bidder’s request for exemption from disclosure; however, OSPI will make a decision
predicated upon RCW 42.56. Marking the entire proposal exempt from disclosure will not be honored. The
Bidder must be reasonable in designating information as confidential. If any information is marked as proprietary
in the proposal, such information will not be made available until the affected proposer has been given an
opportunity to seek a court injunction against the requested disclosure.

A charge will be made for copying and shipping, as outlined in RCW 42.56. No fee shall be charged for
inspection of contract files, but twenty-four (24) hour notice to the RFP Coordinator is required. All requests for
information should be directed to the RFP Coordinator.



16. ADDENDA AND AMENDMENTS TO THE RFP

In the event it becomes necessary to revise any part of this RFP, addenda will be published on the OSPI
website, at http://www.k12.wa.us/RFP/. For this purpose, the published Bidder questions and answers from the
pre-proposal conference, the published Bidder questions and agency answers, and any other pertinent
information shall be considered an addendum to the RFP and also placed on the agency website. Additionally,
all addenda referred to above will be released on WEBS http://www.ga.wa.gov/webs/ for all Bidders who are



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                   RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
registered. It will be the responsibility of interested Bidders to check the website periodically for RFP addenda
and updates.


17. MINORITY & WOMEN-OWNED BUSINESS PARTICIPATION

In accordance with the legislative findings and policies set forth in chapter 39.19 RCW, the State of Washington
encourages participation in all of its contracts by firms certified by the Office of Minority and Women’s Business
Enterprises (OMWBE). Participation may be either on a direct basis in response to this solicitation or on a
subcontractor basis. However, no preference will be included in the evaluation of proposals, no minimum level
of MWBE participation shall be required as a condition for receiving an award, and proposals will not be rejected
or considered non-responsive on that basis. Any affirmative action requirements set forth in federal regulations
or statutes included or referenced in the contract documents will apply.


18. ACCEPTANCE PERIOD

Proposals must provide 90 days for acceptance by OSPI from the due date for receipt of proposals.


19. RESPONSIVENESS

All proposals will be reviewed by the RFP Coordinator to determine compliance with administrative requirements
and instructions specified in this RFP. The Bidder is specifically notified that failure to comply with any part of
the RFP may result in rejection of the proposal as non-responsive.

OSPI also reserves the right, however, at its sole discretion to waive minor administrative irregularities.


20. MOST FAVORABLE TERMS

OSPI reserves the right to make an award without further discussion of the proposal submitted. Therefore, the
proposal should be submitted initially on the most favorable terms which the Bidder can propose. There will be
no best and final offer procedure. OSPI does reserve the right to contact a Bidder for clarification of its
proposal.

The Bidder should be prepared to accept this RFP for incorporation into a contract resulting from this RFP. It is
understood that the proposal will become a part of the official procurement file on this matter without obligation
to OSPI.


21. CONTRACT AND GENERAL TERMS & CONDITIONS

The apparently successful contractor will be expected to enter into a contract which is substantially the same as
the sample contract and its general terms and conditions attached as the Sample Agreement (RFP Section F).
In no event is a Bidder to submit its own standard contract terms and conditions in response to this solicitation.
The Bidder may submit exceptions as allowed in the Certifications and Assurances (Form B). OSPI will review
requested exceptions and accept or reject the same at its sole discretion.




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22. COSTS TO PROPOSE

OSPI will not be liable for any costs incurred by the Bidder in preparation of a proposal submitted in response to
this RFP, in conduct of a presentation, or any other activities related to responding to this RFP.


23. NO OBLIGATION TO CONTRACT

This RFP does not obligate the State of Washington or OSPI to contract for services specified herein. OSPI
also reserves the right to cancel or to reissue the RFP in whole or in part, prior to execution of a contract without
penalty.


24. REJECTION OF PROPOSALS

OSPI reserves the right at its sole discretion to reject any and all proposals received without penalty and not to
issue a contract as a result of this RFP.


25. COMMITMENT OF FUNDS

The Contracts Administrator or Director of Financial Resources are the only individuals who may legally commit
OSPI to the expenditures of funds for a contract resulting from this RFP. No cost chargeable to the proposed
contract may be incurred before receipt of a fully executed contract.


26. PERFORMANCE BASED CONTRACTS AND PENALTY CLAUSE

It is OSPI’s intent to make this RFP Deliverable based. The list of Payment Deliverables will include separate
costs for each Deliverable. The Statement of work and project schedule can only be changed by written
agreement between Vendor and Contract Manager.

    Hold Back Fees
    The Contractor will receive payments for each approved Payment Deliverable as set forth in the final
    contract. A hold back fee of 10% to 15% for each Payment Deliverable will be paid upon final Deliverables
    acceptance for the project. Determination of hold back fees will be mutually agreed as part of contract
    negotiations.

    Penalties
    OSPI reserves the right to include penalties and liquidated damages when Contractor performance
    standards are not met. Historically OSPI enforces penalties equal to OSPI expenses incurred, as well as
    the daily cost of contracted staff assigned to this project. Determination of penalties and liquidated
    damages will be mutually agreed as part of contract negotiations.


27. STATEWIDE VENDOR PAYMENT REGISTRATION

Bidders awarded contracts as a result of this RFP will be required to register as a Statewide Vendor (SWV).
The SWV file is a central vendor file maintained by the Office of Financial Management for use by Washington
State agencies in processing vendor payments. This allows you, as a vendor, to receive payments from all
participating state agencies by direct deposit, the State's preferred method of payment. All OSPI Vendors will
be required to register as a Statewide Vendor. Participation in direct deposit is optional. Please go to
http://www.ofm.wa.gov/isd/vendors.asp for online registration.



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28. INSURANCE COVERAGE

The apparently successful vendor must comply with the insurance requirements identified in the Sample
Contract General Terms and Conditions (Agreement B).

The Contractor shall, at its own expense, obtain and keep in force insurance coverage which shall be
maintained in full force and effect during the term of the contract. The Contractor shall furnish evidence in the
form of a Certificate of Insurance that insurance shall be provided, and a copy shall be forwarded to OSPI within
fifteen (15) days of the contract effective date.




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                  RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
                          Section C.              PROPOSAL CONTENTS

29. INSTRUCTIONS FOR BIDDERS

Proposals must be submitted electronically in a MS Word or PDF file format. All pages must be eight and one-
half by eleven (8 ½ x 11) inch paper size with the capability to be printed with a standard black and white laser
printer. The major components of the proposal are to be submitted in the order noted below:

    1. Template A – Mandatory Requirements
    2. Template B – Management Requirements
    3. Template C – Technical Requirements
    4. Template D – Cost / Contract Requirements
    5. Required Bidder Attachments
          a. Req. B.01.08 – Project Schedule
          b. Req. B.01.10 – Staff Resumes
    6. Encouraged Bidder Attachments
          a. Req. B.03.02 – Management and Control Deliverable Examples
          b. Req. B.04.02 – Initiation and Planning Deliverable Examples
          c. Req. B.05.02 – Requirements Analysis Deliverable Examples
          d. Req. B.06.02 – System Design and Architecture Deliverable Examples
          e. Req. B.07.02 – System Development Deliverable Examples
          f. Req. B.08.02 – Documentation Deliverable Examples
          g. Req. B.09.02 – Test Deliverable Examples
          h. Req. B.10.02 – Training Deliverable Examples
          i. Req. B.11.02 – Implementation Deliverable Examples
          j. Req. B.12.06 – Maintenance Support Deliverable Examples



30. MANDATORY REQUIREMENTS PROPOSAL (Pass/Fail)

All mandatory requirements can be found in the Mandatory Requirements (Template A). Bidders must provide a
complete and thorough response to all mandatory requirements to be considered responsive. Mandatory
requirements will undergo an administrative review and be evaluated as “Pass” or “Fail”.

The Bidder’s response to mandatory requirements must utilize the template provided in Mandatory
Requirements (Template A).


31. MANAGEMENT PROPOSAL (Scored)

All management requirements can be found in the Management Requirements (Template B). Bidders must
provide a complete and thorough response to all management requirements to be considered responsive. The
evaluation team will score the Bidder’s response to each of the requirements.

The Bidder’s response to management requirements must utilize the template provided in Management
Requirements (Template B).




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                  RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
32. TECHNICAL PROPOSAL (Scored)

All technical requirements can be found in the Technical Requirements (Template C). Bidders must provide a
complete and thorough response to all technical requirements to be considered responsive. The evaluation
team will score the Bidder’s response to each of the requirements.

The Bidder’s response to technical requirements must utilize the template provided in Technical Requirements
(Template C).


33. COST/CONTRACT PROPOSAL (Computed/Scored)

All cost/contract requirements can be found in the Cost/Contract Requirements (Template D). Bidders must
provide a complete and thorough response to all cost/contract requirements to be considered responsive. The
evaluation team will score the Bidder’s response to each of the requirements.

The Bidder’s response to cost/contract requirements must utilize the template provided in Cost/Contract
Requirements (Template D).

   Cost Computation
   The cost computation scores will be computed by dividing the lowest cost bid received by the Bidder’s total
   cost. Then the resultant number will be multiplied by the maximum possible points to determine the Bidder’s
   computed score.


34. BIDDER ATTACHMENTS

Bidders must provide a complete and thorough response to all requirements. A number of RFP requirements
require or encourage the Bidder to submit an attachment to fully respond to the RFP requirement.




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                 RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
               Section D.               EVALUATION AND CONTRACT AWARD

35. EVALUATION PROCEDURE

Responsive proposals will be evaluated strictly in accordance with the requirements stated in this solicitation
and any addenda issued. The evaluation of proposals shall be accomplished by an evaluation team, to be
designated by OSPI, which will determine the ranking of the proposals.


EVALUATION WEIGHTING AND SCORING

                Evaluation Component                                  Weight               Points Available
     Mandatory Requirements Proposal                                   N/A                    Pass/Fail

Proposals that “Pass” the Mandatory Requirements evaluation will be moved forward for subsequent review by
the evaluation team. Proposals that “Fail” the Mandatory Requirements will be disqualified from further
consideration.

                  Evaluation Component                                Weight               Points Available
     Management Requirements Proposal                                  35%                    35 points
     Technical Requirements Proposal                                   45%                    45 points
     Cost / Contract Requirements Proposal                             20%                    20 points
     Total for Written Proposal:                                      100%                   100 points

Based upon the total points awarded to written proposals, OSPI will select the top-scoring firms as preliminary
finalists and reference checks will be evaluated.

                 Evaluation Component                                 Weight               Points Available
     Preliminary Finalists Reference Checks                            N/A                    Pass/Fail

Preliminary finalists that “Pass” the reference check will be considered finalists and will be invited to participate
in the Oral Interview and Scripted System Demonstration. Preliminary finalists that “Fail” the reference check
will be disqualified from further consideration.

                  Evaluation Component                                Weight               Points Available
     Oral Interview & Scripted System Demonstration                   100%                    100 points
                     Total for Oral Interview & Demo:                 100%                   100 points


Based upon the total points awarded during the Oral Interview and Scripted System Demonstration, OSPI will
select the top-scoring firm as the apparently successful vendor.




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36. ORAL PRESENTATION AND SCRIPTED SYSTEM DEMONSTRATION

Finalists are required to participate in the Oral Presentation process to assist OSPI in final determination of
contract award. OSPI will contact the finalists to schedule a date, time and location. Commitments made by the
Bidder during this process, if any, will be considered binding. The evaluation team will score the Bidder’s Oral
Presentation and the score will determine the final apparently successful vendor.

     Agenda
     The Bidder’s Oral Presentation and Scripted System Demonstration will strictly follow the agenda and
     script detailed in WINS Oral Interview and Scripted Demonstration Agenda (Attachment B).

Bidders are expected to travel to Olympia, Washington. The date/time of the Oral Presentation and Scripted
Demonstration will be scheduled in accordance with time periods established in the Schedule of Procurement
Activities (Section B.12).

37. NOTIFICATION TO PROPOSERS

Proposals that have not been selected for further negotiation or award will be notified via email by the RFP
Coordinator.

38. DEBRIEFING OF UNSUCCESSFUL PROPOSERS

Upon request, an individual debriefing conference will be scheduled with an unsuccessful Proposer. The
request for a debriefing conference must be received by the RFP Coordinator within three (3) business days
after the Notification of Unsuccessful Bidder letter or e-mail is sent to the Bidder. The debriefing must be held
within three (3) business days of the request, unless otherwise agreed upon by the RFP Coordinator and
Proposer.

Discussion will be limited to a critique of the requesting Bidder’s proposal. Comparisons between proposals or
evaluations of the other proposals will not be allowed. Debriefing conferences may be conducted in person or
on the telephone and will be scheduled for a maximum of one (1) hour.

39. PROTEST PROCEDURE

The protest procedure is available to Bidders who submitted a response to this solicitation document and who
have participated in a debriefing conference. Upon completion of the debriefing conference, the Bidder is
allowed three (3) business days to file a protest of the acquisition with the RFP Coordinator. Protests may be
submitted by fax or email, but should be followed by a hard copy document.

Bidders protesting this procurement shall follow the procedures described below. Protests that do not follow
these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy
available to Bidders under this procurement.

All protests must be in writing and signed by the protesting party or an authorized Agent. The protest must state
the grounds for the protest including specific facts and complete statements of the action(s) being protested.
The protesting party may submit with the protest any documents or information deemed relevant. A description
of the relief or corrective action being requested should also be included. All protests shall be addressed to the
RFP Coordinator.

Only protests stipulating an issue of fact concerning the following subjects shall be considered:

       A matter of bias, discrimination or conflict of interest on the part of the evaluator/evaluation team
       Errors in computing the score
       Non-compliance with procedures described in the procurement document or OSPI policy


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                  RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if
they address issues such as: 1) an evaluator’s professional judgment on the quality of a proposal, or 2) OSPI’s
assessment of its own and/or other agencies’ needs or requirements.

Upon receipt of a protest, a protest review will be held by OSPI. The OSPI Contracts Administrator or an
employee delegated by the Contracts Administrator who was not involved in the procurement will consider the
record and all available facts and issue a decision within five business days of receipt of the protest. If
additional time is required, the protesting party will be notified of the delay.

In the event a protest may affect the interest of another Bidder that submitted a proposal, such Bidder will be
given an opportunity to submit its views and any relevant information on the protest to the RFP Coordinator.

The final determination of the protest shall:

       Find the protest lacking in merit and uphold OSPI’s action; or
       Find only technical or harmless errors in OSPI’s acquisition process and determine OSPI to be in
        substantial compliance and reject the protest; or
       Find merit in the protest and provide OSPI options which may include:
            o Correct the errors and re-evaluate all proposals
            o Reissue the solicitation document and begin a new process
            o Make other findings and determine other courses of action as appropriate

If OSPI determines that the protest is without merit, OSPI will enter into a contract with the apparently
successful vendor. If the protest is determined to have merit, one of the alternatives noted in the preceding
paragraph will be taken.




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                   RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
                                Section E.               PROPOSAL FORMS


Form A – Checklist for Responsiveness


                             CHECKLIST OF RESPONSIVENESS FORM

       Proposal was submitted by 3:00 PM (Pacific Time) on or before May 18, 2012.
       Proposal was submitted electronically (email):
              Using eight and one-half by eleven (8 1/2 x 11) inch paper with page breaks separating
               the major sections of the proposal.
              At least 10 point, Arial font.
              Using templates provided in Section G. RFP Requirements and Proposal Templates.
       Proposal was submitted with the following forms and attachments:
            Signed Letter of Submittal (Requirement A.01.01)
            Checklist for Responsiveness Form (Requirement A.02.01)
            Signed Certifications and Assurances Form (Requirement A.05.01)
            Microsoft Project – Project Schedule (Requirement B.01.08)
            Staff Resumes (Requirement B.01.10)
       Letter of Submittal and Certifications and Assurances were signed by an individual authorized to
       bind the Vendor to a contractual relationship, e.g., the President or Executive Director if a
       corporation, the managing partner if a partnership, or the sole proprietor if a sole proprietorship.
       Proposal was submitted with the following completed RFP Requirement Proposal Templates:
            Template A – Mandatory Requirements
            Template B – Management Requirements
            Template C – Technical Requirements
            Template D – Cost/Contract Requirements
       OPTIONAL: Proposal was submitted with the following optional attachments:
           Management and Control Deliverable Examples
           Initiation and Planning Deliverable Examples
           Requirements Analysis Deliverable Examples
           System Design and Architecture Deliverable Examples
           System Development Deliverable Examples
           Documentation Deliverable Examples
           Test Deliverable Examples
           Training Deliverable Examples
           Implementation Deliverable Examples
           Maintenance Support Deliverable Examples
       Proposal is essentially responsive to core requirements of the RFP and does not impose
       conditions that would modify the RFP.




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                RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
Form B – Certifications and Assurances


                                 CERTIFICATION AND ASSURANCES FORM
I/we make the following certifications and assurances as a required element of the proposal to which it is
attached, understanding that the truthfulness of the facts affirmed herein and the continuing compliance with
these requirements are conditions precedent to the award or continuation of the related contract(s):

    1. I/we declare that all answers and statements made in the proposal are true and correct.
    2. The prices and/or cost data have been determined independently, without consultation, communication,
       or agreement with others for the purpose of restricting competition. However, I/we may freely join with
       other persons or organizations for the purpose of presenting a single proposal.
    3. The attached proposal is a firm offer for a period of 90 days following receipt, and it may be accepted by
       OSPI without further negotiation (except where obviously required by lack of certainty in key terms) at
       any time within the 90-day period.
    4. In preparing this proposal, I/we have not been assisted by any current or former employee of the state of
       Washington whose duties relate (or did relate) to this proposal or prospective contract, and who was
       assisting in other than his or her official, public capacity. (Any exceptions to these assurances are
       described in full detail on a separate page and attached to this document.)
    5. I/we understand that OSPI will not reimburse me/us for any costs incurred in the preparation of this
       proposal. All proposals become the property of OSPI, and I/we claim no proprietary right to the ideas,
       writings, items, or samples, unless so stated in this proposal.
    6. Unless otherwise required by law, the prices and/or cost data which have been submitted have not been
       knowingly disclosed by the Proposer and will not knowingly be disclosed by him/her prior to opening,
       directly or indirectly to any other Proposer or to any competitor.
    7. I/we agree that submission of the attached proposal constitutes acceptance of the solicitation contents
       and the attached sample contract and general terms and conditions. If there are any exceptions to these
       terms, I/we have described those exceptions in detail as instructed in RFP Requirements (Template D).
    8. No attempt has been made or will be made by the Proposer to induce any other person or firm to submit
       or not to submit a proposal for the purpose of restricting competition.
    9. I/we grant OSPI the right to contact references and others, who may have pertinent information
       regarding the Proposer’s prior experience and ability to perform the services contemplated in this
       procurement.

On behalf of the firm submitting this proposal, my name below attests to the accuracy of the above statements.

    ___________________________________________________________________
    Signature of Proposer

    ___________________________________________________________________
    Title                                  Date




                                          Page 38 of 60
                  RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
                      Section F.          SAMPLE AGREEMENTS


Agreement A – Sample Contract for Purchased Services
See Following Pages




                                      Page 39 of 60
              RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
                                CONTRACT FOR PURCHASED SERVICES
                                      Contract No. ___________

                                                    between

                             SUPERINTENDENT OF PUBLIC INSTRUCTION,
                                       STATE OF WASHINGTON
                                (hereinafter referred to as Superintendent)
                                  Old Capitol Building, P.O. Box 47200
                                        Olympia, WA 98504-7200

                                                       and

                                       [CONTRACTOR NAME]
                                    (hereinafter referred to as Contractor)
                                            [Contractor Address]

                                      Federal Identification # -
                                   Unified Business Identifier # -        -

In consideration of the promises and conditions contained herein, Superintendent and Contractor do
mutually agree as follows:

                                 I. DUTIES OF THE CONTRACTOR
A.   The general objective(s) of this contract is/are as follows:

     [Include a brief description of the agreed upon services]

B.   In order to accomplish the general objective(s) of this contract, Contractor shall perform the
     following specific duties to the satisfaction of the Superintendent’s designee, [name of designee]:

     [Describe the work to be performed by Contractor in detail, including a breakdown of the quantifiable steps
     or components of what the Contractor is to do]

     As included in the Superintendent’s Request for Proposals No. [RFP#] attached as Exhibit B, and the
     Contractor’s proposal dated [date], attached as Exhibit C, and any subsequent amendments as identified in
     Section [section number]: Incorporation of Attachments and Order of Precedence.

C.   The Contractor shall produce the following written reports or other written documents
     (deliverables) by the dates indicated below:

     [List deliverables]

     All written reports required under this contract must be delivered to the Superintendent’s designee in
     accordance with the schedule above.




                                           Page 40 of 60
                   RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
            II. CONDITIONS OF COMMENCEMENT OF PERFORMANCE
                                  AND
                        SCHEDULE OF PERFORMANCE
Contractor shall not commence performance or be entitled to compensation or reimbursement for any services
rendered prior to the contract being executed by a representative of the Contractor and the Superintendent.

The schedule of performance of Contractor’s duties is as follows:

[start date] or date of execution, whichever is later, through [end date].



                            III. DUTIES OF THE SUPERINTENDENT

A.     In consideration of Contractor’s satisfactory performance of the duties set forth herein, Superintendent
      shall compensate Contractor at a rate not to exceed a total of [write out full dollar amount] dollars
      ($       ). Payment for satisfactory performance shall not exceed this amount unless the parties mutually
      agree to a higher amount prior to the commencement of any work, which will cause the maximum payment
      to be increased.



B.    Payment shall be made to the Contractor as follows:

      Monthly OR Periodically (not more often than monthly), based on invoices submitted by the Contractor.
      Invoice(s) will be paid only after approval by the Superintendent’s designee and Agency Financial
      Services, OSPI. The invoice shall include the contract number, and document to the Superintendent’s
      designee’s satisfaction a description of the work performed and payment requested. Within approximately
      thirty (30) working days of the Superintendent’s designee receiving and approving the invoice, payment
      will be mailed or electronically transferred to the Contractor by Agency Financial Services, OSPI.



                                                IV. RENEWAL
Superintendent has the right to renew this contract in whole or in part for the year(s) [renewal year(s)] by giving
notice on or before [date] to the Contractor. If Superintendent provides such notice to the Contractor, the
Contractor shall be obligated to enter into a contract with the same fiscal obligations as the previous contract
year, provided that Superintendent and Contractor shall negotiate any revision of additional services or goals
beyond those encompassed in the previous contract.



                                   V. CONTRACT MANAGEMENT
The following Contract Manager for each of the parties shall be the contact person for all communications and
billings regarding the performance of this contract.

      Contract Manager for OSPI                             Contract Manager for [Contractor Name]
      [Contract Manager's Name]                             [Contract Manager's Name]
      [Contract Manager's Title]                            [Contract Manager's Title]


                                           Page 41 of 60
                   RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
        Old Capitol Building, P.O. Box 47200
                                                          [Contract Manager's Address]
        Olympia, WA 98504-7200
        Phone: (       )       -                          Phone: (       )       -
        Fax: (     )       -                              Fax: (     )       -
        Email: [Contract Manager's Email Address]         Email: [Contract Manager's Email Address]



                                   VI. INCORPORATION OF
                           ATTACHMENTS AND ORDER OF PRECEDENCE
Each of the attachments listed below is by this reference hereby incorporated into this contract. In the event of
an inconsistency in this contract, the inconsistency shall be resolved by giving precedence in the following order:

        Applicable Federal and state of Washington statutes and regulations
        Special Terms and Conditions as contained in this basic contract instrument
        Attachment A – Contract for Purchased Services, General Terms and Conditions
        Attachment B (if applicable) – [Title of Attachment]
        Attachment C (If applicable) – Request for Proposals No. [RFP#]
        Attachment D (if applicable) – Contractor’s Proposal
        Any other provision, term or material incorporated herein by reference or otherwise incorporated.


                                               VII. APPROVAL
This contract shall be subject to the written approval of the Superintendent’s authorized representative and shall
not be binding until so approved. The contract may be altered, amended, or waived only by a written
amendment executed by both parties.

We the undersigned agree to the terms of the foregoing contract.


 [Contractor Name]                                        Superintendent of Public Instruction
                                                          State of Washington

 Signature                         Title                  Sheryl Turner, Contracts Administrator



 Print Name                         Date                                             Date

 Who certifies that he/she is the Contractor
 identified herein, OR a person duly qualified and                     Approved as to FORM ONLY
 authorized to bind the Contractor so identified to                  by the Assistant Attorney General
 the foregoing Agreement.

 Non-profit organization?    yes*    no
 *If yes, under what IRS section? Please attach a
 copy.




                                               Page 42 of 60
                       RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
Agreement B – Sample Contract General Terms and Conditions (GT&Cs)

                                           Attachment A
                                  Contract for Purchased Services
                                 GENERAL TERMS AND CONDITIONS

1. Access to Data. In compliance with Chapter 39.29 RCW, the Contractor shall provide access to data
generated under this contract to the Superintendent, the Joint Legislative Audit and Review Committee, and the
State Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the Contractor’s reports, including computer models and methodology for
those models.

2. Alterations and Amendments. This Agreement may be amended only by mutual agreement of the parties.
Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind
each of the parties.

3. Americans with Disabilities Act (ADA) of 1990, Public Law 101-336, also referred to as the “ADA” 28
CFR Part 35. The Contractor must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local government
services, and telecommunications.

4. Assignment. Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned
by the Contractor without prior written consent of the Superintendent.

5. Assurances. The Superintendent and the Contractor agree that all activity pursuant to this Contract will be in
accordance with all applicable current federal, state and local laws, rules and regulations.

6. Attorney’s Fees. In the event of litigation or other action brought to enforce contract terms, each party
agrees to bear its own attorney’s fees and costs.

7. Budget Revisions. Any monetary amount budgeted by the terms of this contract for various activities and
line item objects of expenditure may be revised without prior written approval of Superintendent, so long as the
revision is no more than ten percent (10%) of the original line item amount and the increase in an amount is
offset by a decrease in one or more other amounts equal to or greater than the increase. All other budget
revisions exceeding ten percent (10%) shall only be made with the prior written approval of the Superintendent.

8. Certification Regarding Debarment, Suspension, and Ineligibility. If federal funds are the basis for this
contract, the Contractor certifies that neither it nor its principals are debarred, suspended, proposed for
debarment, or voluntarily excluded from participation in transactions by any federal department or agency. The
Contractor further certifies that they will ensure that potential subcontractors or any of their principals are not
debarred, suspended, proposed for debarment, or voluntarily excluded from participation in “covered
transactions” by any federal department or agency. “Covered transactions” include procurement contracts for
goods that are expected to equal or exceed $25,000. Contractor may do so by obtaining a certification
statement from the potential subcontractor or subrecipient or by checking the “List of Parties Excluded from
Federal Procurement and Non-Procurement Programs” provided on-line by the General Services
Administration.

9. Change in Status. In the event of substantive change in the legal status, organizational structure, or fiscal
reporting responsibility of the Contractor, Contractor agrees to notify the Superintendent of the change.
Contractor shall provide notice as soon as practicable, but no later than thirty (30) days after such a change
takes effect.
Page 2 of 8 – General Terms and Conditions FORM SPI D-283 (Rev. 11/10)




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                  RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
10. Confidentiality. The Contractor acknowledges that all of the data, material and information which originates
from this contract, and the student assessment data, material and information which will come into its
possession in connection with performance under this contract, consists of confidential data owned by the
Superintendent or confidential personally identifiable data subject to the federal Family Educational Rights and
Privacy Act or other privacy laws, and that disclosure to or use by third parties would be damaging. The
Contractor, therefore, agrees to hold all such material and information in strictest confidence, not to make use
thereof other than for the performance of this contract, to release it only to authorized employees and agents
requiring such information and not release or disclose it to any other party. The Contractor agrees to release
such information or material only to employees and agents who have signed a written agreement expressly
prohibiting disclosure.

11. Copyright Provisions. Unless otherwise provided, all Materials produced under this contract shall be
considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the Superintendent. The
Superintendent shall be considered the author of such Materials. If Materials are not considered “works for hire”,
Contractor hereby irrevocably assigns all right, title, and interest in Materials, including all intellectual property
rights, to the Agency effective from the moment of creation of such Materials.

Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets,
advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound
reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights.
For Materials that are delivered under the contract, but that incorporate pre-existing materials not produced
under the contract Contractor hereby grants to the Agency a nonexclusive, royalty-free, irrevocable license (with
rights to sublicense others) in such Materials to translate, reproduce, distribute, prepare derivative works,
publicly perform, and publicly display. The Contractor warrants and represents that Contractor has all rights and
permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a
license to the Agency.
The Contractor shall exert all reasonable effort to advise the Agency, at the time of delivery of data furnished
under this contract, of all known or potential invasions of privacy contained therein and of any portion of such
document which was not produced in the performance of this contract. The Agency shall receive prompt written
notice of each notice or claim of infringement received by the Contractor with respect to any data delivered
under this contract. The Agency shall have the right to modify or remove any restrictive markings placed upon
the data by the Contractor.

12. Covenant Against Contingent Fees. The Contractor warrants that no person or selling agent has been
employed or retained to solicit or secure this contract upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agent
maintained by the Contractor for the purpose of securing business. The Agency shall have the right, in the event
of breach of this clause by the Contractor, to annul this contract without liability or, in its discretion, to deduct
from the contract price or consideration or recover by other means the full amount of such commission,
percentage, brokerage or contingent fees.

13. Disputes. In the event that a dispute arises under this contract, it shall be determined by a Dispute Board in
the following manner: (1) The Superintendent shall appoint a member to the Dispute Board; (2) the Contractor
shall appoint a member to the Dispute Board; (3) the Superintendent and the Contractor shall jointly appoint a
member to the Dispute Board; (4) the Dispute Board shall evaluate the dispute and make a determination of the
dispute; and, the determination of the Dispute Board shall be final and binding on the parties hereto.

As alternatives to the above Dispute Board process: (1) if the dispute is between two or more state agencies,
any one of the agencies may request intervention by the Governor, as provided by 43.17.330 RCW, in which
event the Governor’s process shall control; and, (2) if the dispute is between a non-state agency and another
state agency or non-state agency party to this contract, all the disputing parties may mutually agree to mediation
prior to submitting the dispute to a Dispute Board in the event the dispute is not resolved pursuant to mediation
within an agreed-upon time period.




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                  RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
14. Duplicate Payment. The Superintendent shall not pay the Contractor, if the Contractor has charged or will
charge the state or Washington or any other party under any other contract or agreement, for the same services
or expenses.

15. Entire Agreement. This contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to
bind any of the parties hereto.

16. Ethical Conduct. Neither the Contractor nor any employee or agent of the Contractor shall participate in the
performance of any duty or service in whole or part under this contract in violation of, or in a manner that
violates any provision of the Ethics in Public Service law at Chapter 42.52 RCW, RCW 42.17.130 and 41.06.250
prohibiting the use of public resources for political purposes.

17. Governing Law. This contract shall be construed and interpreted in accordance with the laws of the State of
Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County.

18. Indemnification. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless the Superintendent and all officials, agents, and employees of the Superintendent, from and against all
claims for injuries or death arising out of or resulting from the performance of this contract. “Claim” as used in
this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to
attorney’s fees, attributable for bodily injury, sickness, disease, or death, or injury to or destruction of tangible
property including loss of use resulting therefrom. Additionally, „”claims” shall include but not be limited to,
assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or
material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade
name, or otherwise results in an unfair trade practice or in unlawful restraint of competition. Contractor’s
obligation to indemnify, defend and hold harmless includes any claim by Contractor’s agents, employees,
representatives, or any subcontractor or its employees.

Contractor expressly agrees to indemnify, defend, and hold harmless the Superintendent for any claim out of or
incident to Contractor’s or subcontractor’s performance or failure to perform the contract. Contractor’s obligation
to indemnify, defend, or hold harmless the Superintendent shall not be eliminated or reduced by any actual or
alleged concurrent negligence by Superintendent or its agents, employees, or officials.
Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold
harmless Superintendent and its agents, employees, or officials.

19. Independent Capacity of the Contractor. The parties intend that an independent Contractor relationship
will be created by this contract. The Contractor and his/her employees or agents performing under this contract
are not employees or agents of the Superintendent. The Contractor will not hold himself/herself out as nor claim
to be an officer or employee of the Superintendent or of the state of Washington by reason hereof, nor will the
Contractor make any claim or right, privilege, or benefit which would accrue to such employee under law.
Conduct and control of the work will be solely with the Contractor.

20. Insurance.

a. Worker’s Compensation Coverage. The Contractor shall at all times comply with all applicable worker’s
compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the
fullest extent applicable. This requirement includes the purchase of industrial insurance coverage for the
Contractor’s employees, as may now hereafter be required of an “employer” as defined in Title 51 RCW. Such
worker’s compensation and occupational disease requirements shall include coverage for all employees of the
Contractor, and for all employees of any subcontract retained by the Contractor, suffering bodily injury (including
death) by accident or disease, which arises out of or in connection with the performance of this contract.
Satisfaction of these requirements shall include, but shall not be limited to:

1) Full participation in any required governmental occupational injury and/or disease insurance program, to the
extent participation in such a program is mandatory in any jurisdiction;



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                  RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
2) Purchase worker’s compensation and occupational disease insurance benefits to employees in full
compliance with all applicable laws, statutes, and regulations, but only to the extent such coverage is not
provided under mandatory governmental program in “a” above, and/or;

3) Maintenance of a legally permitted and governmentally approved program of self-insurance for worker’s
compensation and occupational disease.

Except to the extent prohibited by law, the program of the Contractor’s compliance with worker’s compensation
and occupational disease laws, statutes, and regulations in 1), 2), and 3) above shall provide for a full waiver of
rights of subrogation against the Superintendent, its directors, officers, and employees.
If the Contractor, or any subcontractor retained by the Contractor, fails to effect and maintain a program of
compliance with applicable worker’s compensation and occupational disease laws, statutes, and regulations and
the Superintendent incurs fines or is required by law to provide benefits to such employees, to obtain coverage
for such employees, the Contractor will indemnify the Superintendent for such fines, payment of benefits to
Contractor or subcontractor employees or their heirs or legal representatives, and/or the cost of effecting
coverage on behalf of such employees. Any amount owed the Superintendent by the Contractor pursuant to the
indemnity may be deducted from any payments owed by the Superintendent to the Contractor for the
performance of this contract.

b. Proof of Insurance. Certificates and or evidence satisfactory to the Superintendent confirming the existence,
terms and conditions of all insurance required above shall be delivered to the Superintendent within five (5) days
of the Contractor’s receipt of Authorization to Proceed.

c. General Insurance Requirements. Contractor shall, at all times during the term of the contract and at its
cost and expense, buy and maintain insurance of the types and amounts listed above. Failure to buy and
maintain the required insurance may result in the termination of the contract at the Superintendent’s option. By
requiring insurance herein, Superintendent does not represent that coverage and limits will be adequate to
protect Contractor and such coverage and limits shall not limit Contractor’s liability under the indemnities and
reimbursements granted to the Superintendent in this contract. Contractor shall include all subcontractors as
insureds under all required insurance policies, or shall furnish proof of insurance and endorsements for each
subcontractor. Subcontractor(s) must comply fully with all insurance requirements stated herein. Failure of
subcontractor(s) to comply with insurance requirements does not limit Contractor’s liability or responsibility.

21. Licensing and Accreditation Standards. The Contractor shall comply with all applicable local, state, and
federal licensing, accreditation and registration requirements/standards, necessary to the performance of this
contract.

22. Limitation of Authority. Only the Superintendent or the Superintendent’s delegate by writing (delegation to
be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive
any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver or any
clause or condition of this contract is not effective or binding unless made in writing and signed by the
Superintendent.

23. Non-Discrimination. The Contractor shall comply with all the federal and state non-discrimination laws,
regulations and policies, which are otherwise applicable to the Superintendent. Accordingly, no person shall, on
the ground of race, creed, color, national origin, sex, marital status, sexual orientation, age, or the presence of
any sensory, mental, or physical disability, be unlawfully excluded from participation in, be denied the benefits
of, or be otherwise subjected to discrimination under any activity performed by the Contractor and its agents
under this contract. The Contractor shall notify the Superintendent immediately of any allegations, claims,
disputes, or challenges made against it under the Americans with Disabilities Act. In the event of the
Contractor’s noncompliance or refusal to comply with this nondiscrimination provision, this contract may be
rescinded, cancelled or terminated in whole or part, and the Contractor may be declared ineligible for further
contracts with the Superintendent.




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                  RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
24. Overpayments. Contractor shall refund to Superintendent the full amount of any overpayment under this
contract within thirty (30) calendar days of written notice. If Contractor fails to make a prompt refund,
Superintendent may charge Contractor one percent (1%) per month on the amount due until paid in full.

25. Payments. No payments in advance or in anticipation of services or supplies to be provided under this
contract shall be made by the Superintendent. All payments to the Contractor are conditioned upon (1)
Contractor’s submission of a properly executed and supported voucher for payment, including such supporting
documentation of performance and supporting documentation of costs incurred or paid, or both as is otherwise
provided for in the body of this contract under Duties of the Superintendent, and (2) Acceptance and certification
by the Superintendent or designee of satisfactory performance by the Contractor.

Except as otherwise provided in this contract, (1) All approvable vouchers for payment due to the Contractor
shall be paid within thirty (30) calendar days of their submission by the Contractor, and (2) All expenses
necessary to the Contractor’s performance of this contract not specifically mentioned in the contract shall be
borne in full by the Contractor.

26. Public Disclosure. Contractor acknowledges that the Agency is subject to Chapter 42.17 RCW, the Public
Disclosure Act and that this contract shall be a public record as defined in RCW 42.17.250 through 42.17.340.
Any specific information that is claimed by the Contractor to be confidential or proprietary must be clearly
identified as such by the Contractor. To the extent consistent with chapter 42-17 RCW, the Agency shall
maintain the confidentiality of all such information marked confidential or proprietary. If a request is made to
view the Contractor’s information, the Agency will notify the Contractor of the request and the date that such
records will be released to the requester unless Contractor obtains a court order enjoining that disclosure. If the
Contractor fails to obtain the court order enjoining disclosure, the Agency will release the requested information
on the date specified.

27. Publicity. The Contractor agrees to submit to the Agency all advertising and publicity matters relating to this
Contract which in the Agency’s judgment, Agency’s name can be implied or is specifically mentioned. The
Contractor agrees not to publish or use such advertising and publicity matters without the prior written consent
of the Agency.

28. Registration with Department of Revenue. The Contractor shall complete registration with the Department
of Revenue and be responsible for payment of all taxes due on payments made under this contract.

29. Records Maintenance. The Contractor shall maintain all books, records, documents, data and other
evidence relating to this contract and performance of the services described herein, including but not limited to
accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Contract. Contractor shall retain such records for a period of six
years following the date of final payment. At no additional cost, these records, including materials generated
under the contract, shall be subject at all reasonable times to inspection, review or audit by the Agency,
personnel duly authorized by the Agency, the Office of the State Auditor, and federal and state officials so
authorized by law, regulation or agreement.

If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be
retained until all litigation, claims, or audit findings involving the records have been resolved.

30. Right of Inspection. The Contractor shall provide right of access to its facilities to the Superintendent or
any of its officers at all reasonable times, in order to monitor and evaluate performance, compliance, and/or
quality assurance under this contract on behalf of the Superintendent. All inspections and evaluations shall be
performed in such a manner that will not unduly interfere with the Contractor’s business or work hereunder.

31. Severability. The provisions of this contract are intended to be severable. If any term or provision is illegal
or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the contract.




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                  RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
32. Site Security. While on Agency premises, Contractor, its agents, employees, or subcontractors shall
conform in all respects with physical, fire or other security policies or regulations.

33. Subcontracting. Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the
work contemplated under this contract without obtaining prior written approval of the Superintendent. In no event
shall the existence of the subcontract operate to release or reduce liability of the Contractor to the
Superintendent for any breach in the performance of the Contractor’s duties. This clause does not include
contracts of employment between the Contractor and personnel assigned to work under this contract.

34. Taxes. All payments accrued on account of payroll taxes, unemployment contributions, any other taxes,
insurance or other expenses for the Contractor or its staff shall be the sole responsibility of the Contractor.

35. Termination for Convenience. Except as otherwise provided in this contract, the Superintendent or
Superintendent’s Designee may, by ten (10) days written notice, beginning on the second day after the mailing,
terminate this contract in whole or in part. The notice shall specify the date of termination and shall be
conclusively deemed to have been delivered to and received by the Contractor as of midnight the second day of
mailing in the absence of proof of actual delivery to and receipt by the Contractor. If this contract is so
terminated, the Superintendent shall be liable only for payment required under the terms of the contract for
services rendered or goods delivered prior to the effective date of termination.

36. Termination for Default. In the event the Superintendent determines the Contractor has failed to comply
with the conditions of this Contract in a timely manner, the Superintendent has the right to suspend or terminate
this Contract. The Superintendent shall notify the Contractor in writing of the need to take corrective action. If
corrective action is not taken within 30 days, the Contract may be terminated. The Superintendent reserves the
right to suspend all or part of the Contract, withhold further payments, or prohibit the Contractor from incurring
additional obligations of funds during investigation of the alleged compliance breach and pending corrective
action by the Contractor or a decision by the Superintendent to terminate the Contract. In the event of
termination, the Contractor shall be liable for damages as authorized by law including, but not limited to, any
cost difference between the original contract and the replacement or cover contract and all administrative costs
directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff
time. The termination shall be deemed to be a "Termination for Convenience" if it is determined that the
Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence.
The rights and remedies of the Superintendent provided in this Contract are not exclusive and are in addition to
any other rights and remedies provided by law.

37. Termination Due to Funding Limitations. In the event funding from state, federal, or other sources is
withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion,
the Superintendent may, without advance notice and without liability for damages, terminate the contract under
the “Termination for Convenience” clause. The Superintendent and Contractor may, however, renegotiate this
contract under any such new funding limitations and conditions.

38. Termination Procedure. Upon termination of this contract the Superintendent, in addition to other rights
provided in this contract, may require the Contractor to deliver to the Superintendent any property specifically
produced or acquired for the performance of such part of this Agreement as has been terminated. The
provisions of the “Treatment of Assets” clause shall apply in such property transfer.

The Superintendent shall pay to the Contractor the agreed upon price, if separately stated, for completed work
and services accepted by the Superintendent and the amount agreed upon by the Contractor and the
Superintendent for (a) completed work and services for which no separate price is stated, (b) partially completed
work and services, (c) other property or services which are accepted by the Superintendent, and (d) the
protection and preservation of the property, unless the termination is for default, in which case the
Superintendent shall determine the extent of the liability. Failure to agree with such determination shall be a
dispute within the meaning of the “Disputes” clause for this contract. The Superintendent may withhold from any
amounts due to the Contractor such sum as the Superintendent determines to be necessary to protect the
Superintendent against potential loss or liability.



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                  RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
The rights and remedies of the Superintendent provided in this section shall not be exclusive and are in addition
to any other rights and remedies provided by law under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Superintendent, the a. Stop work
under this contract on the date and to the extent specified, in the notice;

b. Place no further orders or subcontractors for materials, services or facilities except as may be necessary for
completion of such portion of the work under the contract this is not terminated;

c. Assign to the Superintendent, in the manner, at the times, and to the extent directed by the Superintendent,
all rights, title, and interest of the Contractor under the orders and subcontracts in which case the
Superintendent has the right, at its discretion, to settle or pay any or all claims arising out of the termination of
such orders and subcontracts;

d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with
the approval or ratification of the Superintendent to the extent the Superintendent may require, which approval
or ratification shall be final for all the purposes of this clause;

e. Transfer title to the Superintendent and deliver, in the manner, at the times and to the extent as directed by
the Superintendent, any property which, if the contract had been completed, would have been required to be
furnished to the Superintendent;

f. Complete performance of such part of the work not terminated by the Superintendent; and

g. Take such action as may be necessary, or as the Superintendent may direct, for the protection and
preservation of the property related to this Agreement which, in is in the possession of the Contractor and in
which the Superintendent has or may acquire an interest.

39. Treatment of Assets. Except as otherwise provided for in the contract, the ownership and title to all real
property and all personal property purchased by the Contractor in the course of performing this contract with
moneys paid by the Superintendent shall vest in the Superintendent, except for supplies consumed in
performing this contract. The Contractor shall (1) maintain a current inventory of all the real and personal
property; (2) label all the property “State of Washington, Superintendent of Public Instruction”; and, (3) surrender
property and title to the Superintendent without charge prior to settlement upon completion, termination or
cancellation of this Agreement.

Any property of the Superintendent furnished to the Contractor shall, unless otherwise provided herein, or
approved by the Superintendent, be used only for the performance of the contract.

The Contractor shall be responsible for any loss or damage to property of the Superintendent which results from
the negligence of the Contractor which results from the failure on the part of the Contractor to maintain and
administer that property in accordance with sound management practices.

If any property is lost, destroyed, or damaged, the Contractor shall notify the Superintendent and take all
reasonable steps to protect the property from further damage.

All reference to the Contractor under this clause shall include Contractor’s employees, agents and
subcontractors.




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                  RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
Agreement C – Sample Vendor Performance Standards

The Performance Standards are divided into three components:
    Implementation Phase
    Maintenance Support Phase
    Application Hosting

Implementation Phase


     ID                                Performance Standard                                                        Liquidated Damages



                                                                     Critical Deliverables
      1        Due dates for Acceptance of critical Implementation Deliverables leading   OSPI may assess damages for all OSPI costs incurred as a result of
               up to the Operational Start Date will be agreed upon by OSPI and the       Vendor failure to meet the performance standard. OSPI may assess
               Vendor and finalized in the Vendor’s Work Plan which receives              damages not to exceed $3,000 per calendar day from the agreed upon
               Acceptance from OSPI. The dates for completion of these critical           Deliverable Acceptance date until the date each critical Deliverable
               Deliverables will be used as checkpoints for performance monitoring and    receives Acceptance from OSPI.
               assessment of the Vendor’s progress towards operational readiness. The
               Vendor’s status Reports will provide information on progress toward        In addition to liquidated damages, OSPI may require the Vendor to
               meeting these critical Deliverable dates.                                  develop a detailed Corrective Action Plan to demonstrate what specific
                                                                                          actions and resources the Vendor will apply to mitigate the Vendor’s
               Critical Deliverables:                                                     failure to meet the performance standard.
                        Gap Analysis
                        System Development Complete
                        Test Complete Certification
                        Implementation Plan
                        Maintenance Support Plan
                        Go-Live


                                                                       Change Requests
      2        Vendor must adhere to the mutually agreed Implementation Change            OSPI may assess damages for all OSPI costs incurred as a result of
               Management process and templates. Responses to all OSPI Change             Vendor failure to meet the performance standard. OSPI may assess
               Requests including proposed solution, cost, time frames, and impact to     damages not to exceed $500 per calendar day for each day the
               the implementation schedule must be delivered to OSPI within 10 state      performance standard is not met.
               working days of receipt of an OSPI Change Request.




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                                       RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
Maintenance Support Phase


     ID                              Performance Standard                                                        Liquidated Damages



                                                               Contract Administration
     3       Vendor must maintain the production system to the standards required by    OSPI may assess damages for all OSPI costs incurred as a result of
             USDA and ensure that compliance with USDA rules and regulations (7         Vendor failure to meet the performance standard. OSPI may assess
             CFR) are maintained throughout the maintenance support period provided     damages not to exceed $100 per day for each day the performance
             by the Vendor.                                                             standard is not met.


     4       The production system must be accessible to people with disabilities in    OSPI may assess damages for all OSPI costs incurred as a result of
             accordance with Section 508 of the U.S. Rehabilitation Act, as amended,    Vendor failure to meet the performance standard. OSPI may assess
             1998 - commonly referred to simply as “Section 508.” Information can be    damages not to exceed $100 per calendar day for each day the
             found at http://www.section508.gov.                                        performance standard is not met.

     5       Vendor must deliver (January 1 each year) the Annual Maintenance           OSPI may assess damages for all OSPI costs incurred as a result of
             Support Plan for OSPI review and approval. Elements of the Annual          Vendor failure to meet the performance standard. OSPI may assess
             Maintenance Support Plan will include the following elements:              damages not to exceed $100 per calendar day from the agreed upon
                                                                                        Deliverable Acceptance date until the Deliverable receives Acceptance
                    An outline of all major activities planned for the upcoming year   from OSPI.
                    The methodology for performing activities and meeting objectives
                    Escalation paths for Deficiencies, Change Requests, etc.
                    Schedule of planned outages
                    Measuring customer service performance
                    Disaster Recovery
                    Business Continuity

     6       Vendor must deliver (January 1 each year) a complete, accurate and up-     OSPI may assess damages for all OSPI costs incurred as a result of
             to-date set of system documentation. At a minimum, Documentation will      Vendor failure to meet the performance standard. OSPI may assess
             include:                                                                   damages not to exceed $100 per calendar day from the agreed upon
                     User Manuals                                                      Deliverable Acceptance date until the Deliverable receives Acceptance
                     Business Rules                                                    from OSPI.
                     Interface Specifications




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                                     RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
7   Vendor must provide OSPI access to all application software source code       OSPI may assess damages not to exceed $500 per calendar day for each
    (including proprietary, custom, and applicable third party software), third   day all materials are not accessible after any of the following events:
    party executable code, subcontracts for data collection and/or processing
    services not directly provided by Vendor, and updated associated                  1.   System Acceptance by the State,
    technical documentation of such, required for Vendor to perform the               2.   Bi-Annual (twice yearly) during the term of the contract,
    services under this agreement, which shall be released by the escrow              3.   Termination of the contract, and
    agent to the State upon one or more of the following critical events:             4.   Reasonable request by the State.

        1.   Vendor institutes or becomes subject to a liquidation or
             bankruptcy proceeding of any kind; or
        2.   A receiver or similar officer has been appointed to take charge of
             all or part of Vendor's assets; or
        3.   Vendor terminates its maintenance and support services or
             breaches its support and maintenance obligations, whether due
             to its ceasing to conduct business generally or otherwise; or
        4.   Vendor otherwise fails to perform under the agreement.

    Vendor must grant or assign to the State the right to assume all or a
    portion of the licenses and subcontracts, respectively, required to perform
    the services of the Vendor under this agreement upon occurrence of a
    critical event.




                                                            Defect Management
8   Vendor must obtain OSPI prior written approval before any changes are         At the sole discretion of OSPI, Vendor may be required to remove or fix
    made to production business rules, including edits and audits, in database    the unapproved change at no charge to OSPI.
    tables.
                                                                                  OSPI may assess damages for all OSPI costs incurred as a result of
                                                                                  Vendor failure to meet the performance standard. OSPI may assess
                                                                                  damages not to exceed $500 per calendar day for each day the
                                                                                  performance standard is not met.




                                                     Page 52 of 60
                             RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
9   Vendor shall provide maintenance support to correct production system
    Deficiencies for all system components maintained by the Vendor. Based
    upon notification of a Deficiency, Vendor will create a Deficiency Report
    describing the Deficiency and identifying Vendor’s recommended
    resolution and time frame.

    Vendor must report to OSPI its recommended resolution and an estimated
    fix date/time within the time frames required. Each Deficiency must be
    fixed within the time frames required.

    Deficiency Reports will be updated by Vendor with a description of the
    solution and the date and time the Deficiency was solved and System
    resumed operations. OSPI will determine the severity level assigned to a
    Deficiency. The System refers to all operational components Vendor is
    responsible for maintaining.

    Level 1 - Emergency - The System no longer functions.                       OSPI may assess damages for all OSPI costs incurred as a result of
                                                                                Vendor failure to meet the performance standard. OSPI may assess the
            Performance Standard for reporting recommended resolution          following liquidated damages for failure to correct a Level 1 maintenance
             and estimated fix date/time for all System components is 4         Deficiency within the Performance Standard correction time.
             business hours.
            Performance Standard for correction of Deficiency is 24 clock      $1,000/calendar day    1 – 5 days beyond Performance Standard
             hours or date/time approved by OSPI.                               $2,000/calendar day    6 – 10 days beyond Performance Standard
                                                                                $4,000/calendar day      > 10 days beyond Performance Standard

    Level 2 - Disabled, no Workaround – A business function or System           OSPI may assess damages for all OSPI costs incurred as a result of
    component does not work as required, and no acceptable workaround is        Vendor failure to meet the performance standard. OSPI may assess the
    available.                                                                  following liquidated damages for failure to correct a Level 2 maintenance
                                                                                Deficiency within the Performance Standard correction time.
            Performance Standard for reporting recommended resolution
             and estimated fix date/time for all System components is 4         $ 500/calendar day     1 – 5 days beyond Performance Standard
             business hours.                                                    $1,000/calendar day    6 – 10 days beyond Performance Standard
            Performance Standard for correction of Deficiency is 48 clock      $2,000/calendar day      > 10 days beyond Performance Standard
             hours or date/time approved by OSPI.




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                            RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
     Level 3 - Disabled, Workaround – A business function or System                OSPI may assess damages for all OSPI costs incurred as a result of
     component does not work as required, but a workaround that is                 Vendor failure to meet the performance standard. OSPI may assess the
     acceptable to OSPI is available.                                              following liquidated damages for failure to correct a Level 3 maintenance
                                                                                   Deficiency within the Performance Standard correction time.
             Performance Standard for reporting recommended resolution
              and estimated fix date/time for all system components is 8           $ 300/calendar day     1 – 5 days beyond Performance Standard
              business hours.                                                      $ 600/calendar day     6 – 10 days beyond Performance Standard
             Performance Standard for correction of Deficiency is 3 business      $1,000/calendar day      > 10 days beyond Performance Standard
              days or date/time approved by OSPI.



     Level 4 - Minor - Non-critical, but having a negative effect on one or more   OSPI may assess damages for all OSPI costs incurred as a result of
     business functions or System components.                                      Vendor failure to meet the performance standard. OSPI may assess the
                                                                                   following liquidated damages for failure to correct a Level 4 maintenance
             Performance Standard for reporting recommended resolution            Deficiency within the Performance Standard correction time.
              and estimated fix date/time: to be negotiated
             Performance Standard for correction of Deficiency: to be             Specific liquidated damages to be negotiated.
              negotiated




     Level 5 - Cosmetic - Non-critical and non-impacting to one or more            OSPI may assess damages for all OSPI costs incurred as a result of
     business functions or System components.                                      Vendor failure to meet the performance standard. OSPI may assess the
                                                                                   following liquidated damages for failure to correct a Level 5 maintenance
             Performance Standard for reporting recommended resolution            Deficiency within the Performance Standard correction time.
              and estimated fix date/time: to be negotiated
             Performance Standard for correction of Deficiency: to be             Specific liquidated damages to be negotiated.
              negotiated



10   Vendor must provide an on-line database of Production Deficiency              OSPI may assess damages for all OSPI costs incurred as a result of
     Reports to include entire history that is searchable by date, status,         Vendor failure to meet the performance standard. OSPI may assess
     severity level, title. The database must be updated within 24 hours of        damages not to exceed $100 per business day for each day the database
     receipt of a Deficiency or change in status of a Deficiency item.             and search capability are not fully available.

11   Vendor must provide monthly reports identifying the status of all             OSPI may assess damages for all OSPI costs incurred as a result of
     outstanding Production Deficiency Reports including those closed since        Vendor failure to meet the performance standard. OSPI may assess
     the last report. The report will include original report date, planned        damages not to exceed $100 per calendar day for each day an acceptable
     completion date, severity level, status, actual completion date.              report is not timely received.




                                                      Page 54 of 60
                              RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
                                                        Change Request Management
12   Vendor must obtain OSPI prior written approval before any changes are            At the sole discretion of OSPI, Vendor may be required to remove or fix
     made to production business rules, including edits and audits, in database       the unapproved change at no charge to OSPI.
     tables.
                                                                                      OSPI may assess damages for all OSPI costs incurred as a result of
                                                                                      Vendor failure to meet the performance standard. OSPI may assess
                                                                                      damages not to exceed $500 per calendar day for each day the
                                                                                      performance standard is not met.

13   Vendor must adhere to the mutually agreed Production Maintenance                 OSPI may assess damages for all OSPI costs incurred as a result of
     Change Management process and templates. Responses to all OSPI                   Vendor failure to meet the performance standard. OSPI may assess
     Change Requests including proposed solution, cost, time frames, and              damages not to exceed $100 per calendar day for each day the
     impact to the implementation schedule must be delivered to OSPI within           performance standard is not met.
     15 state working days of receipt of an OSPI Change Request.

14   Vendor must provide an on-line database of Production Maintenance                OSPI may assess damages for all OSPI costs incurred as a result of
     Change Requests and resulting Change Orders to include entire history            Vendor failure to meet the performance standard. OSPI may assess
     that is searchable by date, status, priority, title.                             damages not to exceed $100 per business day for each day the database
                                                                                      and search capability is not fully unavailable.

15   Vendor must provide monthly reports identifying the status of all                OSPI may assess damages for all OSPI costs incurred as a result of
     outstanding Production Change Requests and resulting Change Orders               Vendor failure to meet the performance standard. OSPI may assess
     including those closed since the last report. The report will include original   damages not to exceed $100 per business day for each day the
     report date, planned completion date, priority, status, actual completion        performance standard is not met.
     date.




                                                       Page 55 of 60
                               RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
Application Hosting


     ID                               Performance Standard                                                        Liquidated Damages



                                                                    System Performance
     16       The production environment and every system component must be fully         OSPI may assess liquidated damages as specified below, per day for
              operational 99.0% of the time during normal business hours of 6:00AM to     each day, the System fails to meet the Performance Standard.
              Midnight (Pacific Time) Monday through Friday and 95.0% of the time
              during non-business hours.                                                         $1000/day     1 to 3 days
                                                                                                 $2000/day     4 or more days
              OSPI pre-approved maintenance and planned outages are excluded from
              this performance standard.

     17       The user acceptance test environment must be fully operational 95% of       OSPI may assess liquidated damages as specified below, per day for
              the time during normal business hours of 6:00AM to Midnight (Pacific        each day, the System fails to meet the Performance Standard.
              Time) Monday through Friday and 90.0% of the time during non-business
              hours.                                                                             $250/day    1 to 3 days
                                                                                                 $500/day    4 or more days
              OSPI pre-approved maintenance and planned outages are excluded from
              this performance standard.

     18       The training environment must be fully operational 95% of the time during   OSPI may assess liquidated damages as specified below, per day for
              normal business hours of 6:00AM to 6:00PM (Pacific Time) Monday             each day, the System fails to meet the Performance Standard.
              through Friday and 90.0% of the time during non-business hours.
                                                                                                 $ 250/day    1 to 3 days
              OSPI pre-approved maintenance and planned outages are excluded from                $ 500/day    4 or more days
              this performance standard.




                                                              Page 56 of 60
                                      RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
19   The production environment must meet the following response time            OSPI may assess liquidated damages not to exceed $3,000 per calendar
     Performance Standards for up to 700 concurrent users during normal          month, for each month the monthly average response time Performance
     business hours:                                                             Standards are not met.

            Record Search and/or Retrieval Time: The time elapsed after
             the search command is entered until the list of matching records
             begins to appear must not exceed 4.0 seconds.

            Screen Edit Time: The time elapsed after the last field is filled
             on the screen and the enter command executed until all field
             entries are edited and the screen refreshed with the errors
             highlighted must not exceed 2.0 seconds.

            Next Screen Page Time: The time elapsed from the request of a
             new screen until the new screen and data appears must not
             exceed 3.0 seconds.

            Report Response Time: The time elapsed from the request of a
             report until the complete report data appears must not exceed
             5.0 seconds.

     Response Time Calculations:
           Normal Business Hours are 6:00 AM to Midnight (Pacific Time)
            Monday through Friday.
           Each 2 hour time period (e.g., 8-10, 10-12, 12-2) of normal
            business hours will be evaluated and the 2 hour time period with
            the highest (worst) Screen Edit Time will be selected as the
            response times to report for that day.
           Each day's reported response times will be used to calculate the
            monthly average response times.


20   Ten (10) days following each calendar quarter, Vendor must provide OSPI     OSPI may assess damages not to exceed $100 per calendar day for each
     a Quarterly System Performance Report that includes the following           day an acceptable System Performance Report is not timely received. If
     statistics for each day of the previous quarter:                            an acceptable System Performance Report is received on time but the
                                                                                 information reported is inaccurate or incomplete, OSPI may assess
     Up Time                                                                     damages not to exceed $100 per day until an acceptable report is
            Average production environment and all system components            received.
             operational up time per day, during normal business hours.
            Average production environment and all system components
             operational up time per day, during non- business hours.
            Average user acceptance test environment operational up time
             per day, during normal business hours.
            Average user acceptance test environment operational up time


                                                     Page 57 of 60
                             RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
            per day, during non- business hours.
           Average training environment and all system components
            operational up time per day, during normal business hours.
           Average training environment and all system components
            operational up time per day, during non-business hours.
     Response Time
           Average record search/retrieval time per Response Time
            Calculation.
           Average screen edit time per Response Time Calculation.
           Average next screen page time per Response Time Calculation.
           Average report response time per Response Time Calculation.


                                                           Disaster Recovery
21   Vendor must deliver (January 1 each year) a comprehensive Annual          OSPI may assess damages for all OSPI costs incurred as a result of
     Disaster Recovery Plan. The Annual Disaster Recovery Plan is a required   Vendor failure to meet the performance standard. OSPI may assess
     component of the Vendor’s Annual Maintenance Support Plan                 damages not to exceed $100 per calendar day for each day an acceptable
     Deliverable.                                                              Disaster Recovery Plan is not timely received.
22   Vendor must demonstrate disaster recovery capabilities to OSPI annually   OSPI may assess up to $100 per calendar day for each day delay from
     in coordination with OSPI.                                                the mutually agreed date to demonstrate successful disaster recovery
                                                                               capabilities




                                                     Page 58 of 60
                             RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
    Section G.            RFP REQUIREMENTS AND PROPOSAL TEMPLATES


READ THIS FIRST
Included as a separate document. See RFP Section G – RFP Requirements and Proposal Templates.

Template A – Mandatory Requirements
Included as a separate document. See RFP Section G – RFP Requirements and Proposal Templates.

Template B – Management Requirements
Included as a separate document. See RFP Section G – RFP Requirements and Proposal Templates.

Template C – Technical Requirements
Included as a separate document. See RFP Section G – RFP Requirements and Proposal Templates.

Template D – Cost/Contract Requirements
Included as a separate document. See RFP Section G – RFP Requirements and Proposal Templates.




                                      Page 59 of 60
              RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)
                          Section H.           RFP ATTACHMENTS




Attachment A – WINS Glossary of Child Nutrition Terms
Included as a separate document.

Attachment B – WINS Oral Interview and Scripted Demonstration Agenda
Included as a separate document.

Attachment C – WINS State of WA, OCIO Security Standards
Included as a separate document.

Attachment D – WINS Report Documentation
Included as a separate document.

Attachment E – WINS Data Exchange and Interfaces
Included as a separate document.

Attachment F – WINS Project Charter
Included as a separate document.

Attachment G – Legacy Child Nutrition System As-Is Use Cases
Included as a separate document.

Attachment H – Legacy Child Nutrition System Work Flow Diagrams
Included as a separate document.

Attachment I – Legacy Child Nutrition System Desired Capabilities
Included as a separate document.

Attachment J – Legacy Child Nutrition System Desired Requirements
Included as a separate document.

Attachment K – WA Child Nutrition Programs 2012
Included as a separate document.




                                      Page 60 of 60
              RFP No. 2012-06 WINS Procurement (Sections A – F, Main Document)

								
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