RFP Dept of Safety Division of Emergency Services for Consulting Services as Medical Director

STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 1 of 38 STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY CONSULTING SERVICES AS MEDICAL DIRECTOR RFP 2021-200 STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 2 of 38 Table of Contents I. Overview and Schedule ........................................................................................................................ 4 A. Executive Summary .......................................................................................................................... 4 B. Related Documents Required............................................................................................................ 4 C. Schedule

............................................................................................................................................ 5 II. Description of Agency/Program Issuing the Request for Proposals ..................................................... 5 A. Department of Safety and Division of Emergency Services and Communications .......................... 5 B. State Project Team ............................................................................................................................ 6 III. Proposed Scope of Work................................................................................................................... 6 A. Requirements: ................................................................................................................................... 7 1. Standard Service: .......................................................................................................................... 7 2. Emergency Service: ...................................................................................................................... 7 B. Deliverable: ....................................................................................................................................... 8 1. Vendor Requirements Response Requirements and Deliverables ................................................ 8 C. Minimum Standards for Proposal Consideration .............................................................................. 8 IV. Process for Submitting a Proposal .................................................................................................... 9 A. Proposal Submission, Deadline, and Location Instructions .............................................................. 9 B. Proposal Inquiries ........................................................................................................................... 10 C. Restriction of Contact with Agency Employees ............................................................................. 10 D. Validity of Proposal ........................................................................................................................ 11 V. SECTION 5 - Content and Requirements for a Proposal ................................................................... 11 A. Proposal Format: ............................................................................................................................. 11 B. Proposal Organization ..................................................................................................................... 11 C. Proposal Content: ............................................................................................................................ 11 D. Topics for Mandatory Narrative Responses:................................................................................... 13 E. Standards for Describing Vendor Qualifications ............................................................................ 13 F. Required Information on Corporate Qualifications ........................................................................ 13 G. Candidates for Vendor Medical Director Consultant Staff Roles ................................................... 14 H. Pricing Worksheets ......................................................................................................................... 14 VI. SECTION 6 – Evaluation of Proposals ........................................................................................... 15 A. Criteria for Evaluation and Scoring ................................................................................................ 15 B. Planned Evaluations ........................................................................................................................ 16 C. Initial Screening .............................................................................................................................. 16 STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 3 of 38 D. Preliminary Technical Scoring of Proposals ................................................................................... 16 E. Oral Interviews ................................................................................................................................ 16 F. Final Technical Scoring of Proposals ............................................................................................. 17 G. Price Proposal Review .................................................................................................................... 17 H. Final Selection ................................................................................................................................ 17 I. Rights of the Agency in Accepting and Evaluating Proposals........................................................ 17 VII. SECTION 7 – Terms and Conditions Related to the RFP Process ................................................. 17 A. RFP Addendum ............................................................................................................................... 17 B. Non-Collusion ................................................................................................................................. 18 C. Property of the Agency ................................................................................................................... 18 D. Confidentiality of a Proposal .......................................................................................................... 18 E. Public Disclosure ............................................................................................................................ 18 F. Non-Commitment ........................................................................................................................... 19 G. Proposal Preparation Cost ............................................................................................................... 19 H. Ethical Requirements ...................................................................................................................... 19 I. Challenges on Form or Process of the RFP .................................................................................... 20 VIII. Section 8 – Contract Terms and Award .......................................................................................... 20 A. Award .............................................................................................................................................. 20 B. Standard Contract Terms ................................................................................................................ 20 IX. Terms and Definitions ..................................................................................................................... 21 X. Appendix A – Transmittal Form Letter .............................................................................................. 24 XI. Appendix B – P37 ........................................................................................................................... 26 XII. APPENDIX C: PRICING WORKSHEETS ................................................................................... 32 A. C-1 Vendor Proposed Position Rates Pricing Worksheet ............................................................... 32 B. C-2 Optional 2 Year Extension Worksheet ..................................................................................... 32 XIII. APPENDIX D – SAMPLE CERTIFICATES ............................................................................ 33 New Hampshire Certificate of Authority or Certificate of Good Standing ............................................ 33 A. Computer Access and Use Agreement ............................................................................................ 33 1. Computer Use ............................................................................................................................. 33 2. Email Use .................................................................................................................................... 34 3. Internet/Intranet Use ................................................................................................................... 35 Sample Certificate of Vote ..................................................................................................................... 37 STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 4 of 38 I. Overview and Schedule A. Executive Summary The purpose of this Request for Proposal (RFP) is to procure a full set of services from interested person(s) and/or firm(s) (hereafter referred to as vendor) for the provision of providing Consulting Services of a specialized nature to assist the Division of Emergency Services and Communications as the Medical Director. Through a Request for Proposal process described herein, vendors interested in assisting the Division of Emergency Services and Communications with the provision of such services must prepare and submit a proposal in accordance with the procedure and schedule in this RFP. The New Hampshire Division of Emergency Services and Communications seeks qualified vendors that: (a) possess the professional and administrative capabilities to provide the proposed services; and (b) will agree to work under the compensation terms and conditions determined by the Division of Emergency Services and Communications. The Vendor may employ sub-vendors to deliver required services subject to the terms and conditions of this RFP. The Vendor shall remain wholly responsible for performance of the entire Contract regardless of whether a sub-vendor is used. The State will consider the Vendor to be the sole point of contact with regard to all contractual matters, including payment of any and all charges resulting from any Contract. B. Related Documents Required Vendors are NOT required to submit the following certificates with their proposal, however the certificates WILL be requested from the selected Vendor prior to Contract approval. a. Certificate of Good Standing/Authority (Appendix D) dated after March of the current year and available from the Department of State by calling (603) 271-3244 or (603) 271-3246. Forms are also available on: www.sos.nh.gov/corporate/Forms.html b. Certificate of Vote (Appendix D) c. Proof of Insurance compliant with Appendix B: State of New Hampshire Terms and Conditions. d. Valid New Hampshire Medical License Vendors are NOT required to submit these certificates with their proposal. STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 5 of 38 C. Schedule The following table provides a Schedule of Events for this RFP through contract finalization and approval. The Agency reserves the right to amend this Schedule at its sole discretion and at any time through a published Addendum. EVENT DATE LOCAL TIME RFP Released to Proposers (Advertisement) 03/19/2021 - Proposer Inquiry Period Ends 03/26/2021 4:00 PM Final Agency Responses to Proposer Inquiries 03/29/2021 4:00 PM Proposers Submit Proposals 04/09/2021 2:30 PM Estimate Timeframe for Proposer Oral Presentations and Interviews (if applicable) TBD TBD Estimated Notification of Selection and Begin Contract Negotiations TBD TBD II. Description of Agency/Program Issuing the Request for Proposals A. Department of Safety and Division of Emergency Services and Communications The multi-faceted mission of the Department of Safety encompasses protection of the lives and safety and preservation of the quality of life of New Hampshire citizens and visitors to our state on the highways, on the waterways, and in their homes and businesses. The DOS enforces motor vehicle and highway safety laws, criminal laws, commercial vehicle regulations, fire safety, building and equipment safety laws and regulations, and boating safety laws and rules. We also provide enhanced 911 emergency communications statewide, and are responsible for homeland safety and emergency management activities. For further details and history, please review http://www.nh.gov/safety. The Vendor Medical Director Consultant staff shall work in cooperation with the New Hampshire Department of Safety, Division of Emergency Services personnel. The work performed by the resources provided in this RFP will be closely managed by the Division of Emergency Services and Communications EMD Supervisor. These vendor resources will be integrated into State project teams. Mentoring and knowledge transfer to State workers is critical. These resources will be required to act as business professionals and communicate effectively with all levels of users and state personnel. STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 6 of 38 B. State Project Team State high-level staffing for the Project will include: Robert Lussier, Assistant Director – State Business Lead Debbie Bray, Chief of Operations – Project Manager Derick Aumann, EMD Supervisor – Point of Contact The State EMD Supervisor will assume a leadership role and will champion activates to completion. DESC EMD Supervisor: The DESC EMD Supervisor will oversee and assist with the consultant activities and is responsible for everything that the consultant does or fails to do, and has the primary responsibility for ensuring a successful collaboration between the State and the Vendor. Major duties include:  Overseeing Consultants Plan  Leading the project under the direction of the Chief of Operations  Promoting the project statewide  Developing training consistent with the Medical Directions received  Managing Quality Improvement issues and risks  Managing stakeholder’ concerns in collaboration with the Chief of Operations  Providing accurate timely reports to stakeholders  Advising the State’s Upper Management on major issues related to the Project scope and schedule  Reviewing major project risks and providing guidance on appropriate mitigation actions  Informing the State’s Upper Management and any other interested stakeholders of compliance to protocol III. Proposed Scope of Work The State seeks to procure an experienced consultant to perform the duties and act as a Medical Director for this Contract. Each Proposal must present personnel that can fulfill the required experience and services listed below. In performing its obligations under a Contract, the Vendor agrees that any work created or prepared by the Vendor consultant personnel within the scope of their employment, or a work specially ordered or commissioned for use as a contribution to a collective work, shall be considered a work for hire. As such, it shall be considered the sole property of the State. STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 7 of 38 A. Requirements: Requirements for Vendor Medical Director Consultant(s) for this RFP Proposal include: 1. Standard Service: During the term of this Agreement, the Physician shall dedicate seventy two (72) hours per annum (estimated to be an average of approximately six (6) hours per month) of Standard Services. The Division of Emergency Services and Communications needs will dictate actual monthly use of Standard Service hours (i.e. in one month, twelve hours may be used while in the next, three or even zero hours may be used). Vendor will provide reasonable advance notice to the Division of Emergency Services and Communications of vacation or other scheduled absent time. Standard Service includes, but is not limited to: a. Participate in the oversight of ongoing education, training, and medical care provided by the Division to Emergency Medical Dispatchers (EMD’s) b. Participate in quality improvement and risk management activities, including oversight of call-taker compliance with protocols including reliability and consistency c. Participate in the design, operation and data analysis of the medical protocol system utilized by the Division of Emergency Services and Communications and consistency. d. Represent the Division of Emergency Services and Communications interests at such meetings and functions as may be required. e. Maintain confidentiality in accordance with Department of Safety, Division policies, and procedures as well as state and federal laws including HIPPA standards. 2. Emergency Service: While not anticipated to be used, the Division of Emergency Services and Communications may need Services for emergencies (i.e. court case wherein Physician is called upon to provide expert testimony). Sixteen (16) additional hours of Service shall be made available, on a reserve basis each year to be used for such emergencies. Payment for such Emergency Service hours shall be at the then-rate of hourly payment. The Division shall not be charge for unused Emergency Service reserve hours. a. If the Division of Emergency Services and Communications emergency service needs exceed the allotted sixteen (16) emergency hours, and the Division determines the remaining standard service hours (72 hour annual allotments) is insufficient, it will need to utilize Governor & Council approval procedures to secure additional funding which will require reasonable time to secure. b. If Vendor determines the physician is unavailable for any or all such emergency STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 8 of 38 hourly use, it may, upon consent of the Division of Emergency Services and Communications, provide an equally or greater qualified substitute for such emergency service until the designated physician is available. c. Reasonable amount of notice shall be given by the Division of Emergency Services and Communications to the Vendor when emergency hours will be needed. The Vendor shall not unreasonably refuse to provide such emergency service. Neither the vendor, nor its personnel, shall represent themselves as employees or agents of the State. While on State property the vendor’s personnel shall be subject to control of the State, but under no circumstances shall such persons be deemed to be employees of the State of New Hampshire. All vendor personnel shall observe all agency regulations or special restrictions in effect while on State property. B. Deliverable: The Deliverable is fully qualified, New Hampshire licensed Physician Consultant personnel with knowledge and experience as declared in Section V.G “Candidates for Vendor Consultant Roles”, capable of fulfilling the Requirements stated in section V.F, “Required Information on Corporate Qualifications as directed by the State Project Manager. 1. Vendor Requirements Response Requirements and Deliverables Vendors shall complete a narrative response for each of the above described deliverables for each physician consultant candidate proposed and indicate whether the Requirement/Deliverable can be met by the Vendor. C. Minimum Standards for Proposal Consideration The State seeks proven, experienced physician consultant(s) to work with State personnel in accordance with the Schedule and the requirements and Deliverables Section III and Section V. It is the intent of the Bureau of Emergency Services to solicit proposals from vendors that can provide professional services assisting the Bureau of Emergency Services as the Medical Director. These services will include the following: 1. The vendor is to provide all labor, mileage, parking, tolls, transportation, lodging, meals, materials, equipment, tools and report preparation as necessary to provide the required level of services so the cost proposal must be fully loaded. 2. The Vendor shall supply a physician meeting or exceeding the requirements set forth herein (the “Physician”), as may be mutually agreed upon by the parties, to provide Medical STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 9 of 38 Director Consulting Services to the Bureau of Emergency Services as more specifically described herein (the “Services”). Physician shall perform the Services for the Bureau of Emergency Services diligently, competently, and in good faith and will devote such time, effort and other resources towards the performance of the Services as shall reasonably be required. Vendor shall provide notice as soon as practical to the Bureau of Emergency Services of Physician’s emergency or unplanned absences. Vendor shall make reasonable effort to establish coverage for Services during Physician’s absences. IV. Process for Submitting a Proposal A. Proposal Submission, Deadline, and Location Instructions Proposals submitted in response to this RFP must be received by the Division of Emergency Services and Communications, no later than the time and date specified in the Schedule section, herein. Proposals may be submitted by U.S. Mail, Delivery Service, or In Person. Proposals must be addressed to: State of New Hampshire Department of Safety Division of Emergency Services and Communications Attention: Derick Aumann 33 Hazen Drive Concord, NH 03305 Proposals must be clearly marked as follows: STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY RESPONSE TO RFP 2021-200 CONSULTING SERVICES AS MEDICAL DIRECTOR Unless waived as a non-material deviation in accordance with Section 6B, late submissions will not be accepted and will be returned to the proposers unopened. Delivery of the Proposals shall be at the Proposer’s expense. The time of receipt shall be considered when a Proposal has been officially documented by the Agency, in accordance with its established policies, as having been received at the location designated above. The Agency accepts no responsibility for mislabeled mail or mail that is not delivered or undeliverable for whatever reason. Any damage that may occur due to shipping shall be the Proposer’s responsibility. All Proposals submitted in response to this RFP must consist of at least: STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 10 of 38 A) One (1) original and three (3) clearly identified copies of the Proposal, including all required attachments; B) One (1) original and three (3) clearly identified electronic copies of the Proposal, including all required attachments contained on digital media such as a CD or flash drive; Proposers who are ineligible to bid on proposals, bids or quotes issued by the Department of Administrative Services, Division of Procurement and Support Services pursuant to the provisions of RSA 21-I:11-c shall not be considered eligible for an award under this proposal. B. Proposal Inquiries All inquiries concerning this RFP, including but not limited to, requests for clarifications, questions, and any changes to the RFP, shall be submitted via email to the following RFP designated Point of Contact: TO: derick.c.aummann@desc.nh.gov CC: debbie.e.bray@desc.nh.gov Inquiries must be received by the Agency’s RFP Points of Contact no later than the conclusion of the Proposer Inquiry Period (see Schedule of Events section, herein). Inquiries received later than the conclusion of the Proposer Inquiry Period shall not be considered properly submitted and may not be considered. The Agency intends to issue official responses to properly submitted inquiries on or before the date specified in the Schedule section, herein; however, this date is subject to change at the Agency’s discretion. The Agency may consolidate and/or paraphrase questions for sufficiency and clarity. The Agency may, at its discretion, amend this RFP on its own initiative or in response to issues raised by inquiries, as it deems appropriate. Oral statements, representations, clarifications, or modifications concerning the RFP shall not be binding upon the Agency. Official responses by the Agency will be made only in writing by the process described above. Vendors shall be responsible for reviewing the most updated information related to this RFP before submitting a proposal. C. Restriction of Contact with Agency Employees From the date of release of this RFP until an award is made and announced regarding the selection of a Proposer, all communication with personnel employed by or under contract with the Agency regarding this RFP is forbidden unless first approved by the RFP Points of Contact listed in the Proposal Inquiries section, herein. Agency employees have been directed not to hold conferences STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 11 of 38 and/or discussions concerning this RFP with any potential contractor during the selection process, unless otherwise authorized by the RFP Points of Contact. Proposers may be disqualified for violating this restriction on communications. D. Validity of Proposal Proposals must be valid for one hundred and eighty (180) days following the deadline for submission of Proposals in Schedule of Events, or until the Effective Date of any resulting Contract, whichever is later. V. SECTION 5 - Content and Requirements for a Proposal Proposals shall follow the below format and provide the required information set forth below: A. Proposal Format: Proposals should follow the following format:  A Proposal should be provided in a three-ring binder  A Proposal should be printed on white paper with dimensions of 8.5 by 11 inches with right and left margins of one (1) inch.  A Proposal should use Times New Roman font with a size twelve (12).  Each page of a Proposal must include a page number and the number of total pages and identification of the vendor in the page footer.  Tabs should separate each Section of the Proposal. B. Proposal Organization Proposals should adhere to the following outline and show not include items not identified in the outline.  Cover Page  Transmittal Form Letter  Table of Contents  Section I: Executive Summary  Section II: Glossary of Terms and Abbreviations  Section III Responses to Requirements and Deliverables  Section IV: Corporate Qualifications  Section V: Qualifications of Medical Director Consultant Staff  Section VI: Cost Proposal  Copy of the RFP and any signed Addendum(a) in the original Proposal only C. Proposal Content: Cover Page STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 12 of 38 The first page of the Vendors Proposal must be a cover page containing the following text: STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY RESPONSE TO RFP 2021-200 CONSULTING SERVICES AS MEDICAL DIRECTOR The cover page must also include the Vendor’s name, contact person, contact telephone number, address, city, state, zip code, fax number, and e-mail address. Transmittal Form Letter The Vendor must submit a hand written and signed Transmittal Form Letter with their response using the Transmittal Form Letter provided herewith. Any electronic alternation to this Transmittal Form Letter is prohibited. Any such changes will result in a Proposal being rejected. Table of Contents The Vendor must provide a table of contents with corresponding page numbers relating to its Proposal. The table of contents must conform to the outline provided in section 5 under proposal contents, but should provide detail, e.g. numbering, level of detail. Section I: Executive Summary The Executive Summary, which must not exceed two (2) pages, must identify how the Vendor satisfies the minimum standards for consideration, which are described in “Minimum Standards for Proposal Consideration” Section II: Glossary of Terms and Abbreviations The Vendor must provide a glossary of all terms, acronyms, and abbreviations used in its Proposal. Section III: Responses to Requirements and Deliverables Requirements are provided in Section III Requirements and Deliverables for this RFP. Requirements describe specific feature that the State is seeking in this RFP document. Section IV: Corporate Qualifications Section IV should provide corporate qualifications of all firms proposed to participate in the Project. Specific information to be provided is described in Section V.E. STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 13 of 38 Section V: Qualifications of Medical Director Consult Staff To evaluate qualifications of Medical Director Consultant staff, the State shall consider the experience and qualifications of candidates proposed. Section V must be used to provide the required information. Specific information to be provided is described V.E, Section V.G. Section VI: Cost Proposal The Cost Proposal must include the following:  A Vendor Proposed Position Rates Pricing Worksheet prepared using the format provided in Table C-1 of Appendix C: Pricing Worksheets and any discussion necessary to ensure understanding of data provided;  A Future Vendor Rates Pricing Worksheet prepared using the format provided in Table C-2 of Appendix C: Pricing Worksheets and any discussion necessary to ensure understanding of data provided. D. Topics for Mandatory Narrative Responses: Not used for Consultants for Support. E. Standards for Describing Vendor Qualifications Vendor qualifications are an important factor in selecting the Vendor Consultants as support to the State staff. To facilitate evaluation of Vendor qualifications, the State seeks information about the corporate qualifications of each Vendor proposed to participate in the Project and the individual qualifications of candidates for Consultant staff roles. This section identifies specific information that must be submitted. F. Required Information on Corporate Qualifications The Vendor submitting a Proposal to this REP must identify any Subcontractor(s) and provide the following Vendor and each Subcontractor Identified: Corporate Overview (2 Page Limit) Identify the proposed role of the Vendor or Subcontractor firm as related to this RFP require. Describe the major business areas of the firm. Provide a high-level description of the firm’s organization and staff size. Discuss the firm’s experience with the requested skills and in New Hampshire. Financial Strength Provide the following:  The current Dunn & Bradstreet report; STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 14 of 38 Litigation Identify and describe any litigation field by clients during the last ten (10) years. Discuss merits, current status and, if available, outcome of each matter. G. Candidates for Vendor Medical Director Consultant Staff Roles Provide a résumé not to exceed five (5) pages for each Vendor Consultant staff position proposed. Each résumé should address the following:  Experience and reputation in the field of Emergency Medicine;  Extensive knowledge of Emergency Medical Dispatch Systems; preferable certified as an Emergency Medical Dispatcher; Candidates must be able to obtain Emergency Medical Dispatcher Certification within 6 months of the start of the contract if candidate is not already certified.  Extensive knowledge of Quality Improvement Process;  Extensive knowledge of Emergency Medical Service (EMS), preferable a license EMS Provider;  Experience as a Medical Director and Administrator experienced in the development of Pre-hospital protocols; H. Pricing Worksheets A Vendor’s Cost Proposal must be based on the worksheets formatted as described within this section. Vendor Proposed Position Rates Pricing Worksheet Using the format provided in the following table, list titles of proposed consultant positions to be filled by Vendor Consultant Staff. Included hourly rates for all staff proposed. “SFY” refers to State Fiscal Year. The State of New Hampshire Fiscal Year runs from July 1st through June 30th of the following calendar year. Vendor Proposed Position Rates Pricing Worksheet Features Proposed Consultant FY Year 22 Cost FY Year 23 Cost FY Year 24 Cost Cost per hour for Standard Service as outlined in Appendix C (72 annual hours) Cost per hour for Emergency Service outlined in Appendix C (16 annual hours) Total–Annual Cost Optional 2 Year Extension Worksheet STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 15 of 38 The State may extend the current vendor to continue to provide the consulting services described in this RFP for an additional two years. The following format must be used to provide this information. “SFY” refers to State Fiscal Year. The State of New Hampshire Fiscal Year runs from July 1st through June 30th of the following calendar year. Optional Vendor Proposed Pricing Worksheet Features Proposed Consultant FY Year 25 Cost FY Year 26 Cost Cost per hour for Standard Service as outlined in Appendix C (72 annual hours) Cost per hour for Emergency Service as outlined in Appendix C (16 annual hours) Total–Annual Cost VI. SECTION 6 – Evaluation of Proposals A. Criteria for Evaluation and Scoring Each responsive Proposal will be evaluated and considered with regard to the following criteria:  Candidate retainability  Candidate’s Qualifications (including any Subcontractor); and  Pricing/Rates If the Agency, determines to make an award based on these evaluations, the Agency will notify the selected Proposer(s). Should the Agency be unable to reach agreement with the selected Proposer(s) during Contract discussions, the Agency may then undertake Contract discussions with the next preferred Proposer and so on, or the Agency may reject all proposals, cancel this RFP, or solicit new Proposals under a new acquisition process. The Agency will use a scoring scale of 100 points, which will be distributed as set forth in the table below. CATEGORIES POINTS Candidate Retainability 25 Candidate’s qualifications (including any subcontractor) 40 Pricing/Rates 35 TOTAL POTENTIAL MAXIMUM POINTS AWARDED 100 STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 16 of 38 The Agency will select a Proposer based upon the criteria and standards contained in this RFP and from applying the weighting in this section. Oral interviews and reference checks, to the extent they are utilized by the Agency, will be used to refine and finalize scores. B. Planned Evaluations The Agency plans to use the following process:  Initial screening to ensure that the Proposals are in compliance with submission requirements;  Preliminary evaluation of the Proposals and reference and background checks;  Oral interviews  Review of Price Proposals and final scoring;  Select the highest scoring Proposer (s) and begin contract negotiation. C. Initial Screening The Agency will conduct an initial screening step to verify Proposer compliance with the submission requirements set forth in the RFP and the minimum content set forth in Section V of this RFP. The Agency may waive or offer a limited opportunity to cure immaterial deviations from the RFP requirements if it is determined to be in the best interest of the State. D. Preliminary Technical Scoring of Proposals Not used for Consultants for Support E. Oral Interviews If the Agency determines that it is appropriate, proposers may be invited to oral interviews and/or product demonstrations including demonstrations of any proposed automated systems or technology components. The Agency retains the sole discretion to determine whether to conduct oral interviews, with which proposers; and the number of interviews. Proposers are advised that the Agency may decide to conduct interviews with less than all responsive proposers. The purpose of oral interviews and product demonstrations is to clarify and expound upon information provided in the written Proposals. Proposers are prohibited from altering the basic substance of their Proposals during the oral interviews. The Agency may ask the Proposer to provide written clarifications of elements in their Technical Proposal regardless of whether it intends to conduct Oral Interviews. Information gained from oral interviews and product demonstrations will be used to refine technical review scores assigned from the initial review of the Proposals. STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 17 of 38 F. Final Technical Scoring of Proposals Not used for Consultants for Support G. Price Proposal Review Price proposals will be reviewed upon completion of the final scoring of proposals. The Proposer’s Price Proposal will be allocated a maximum potential score of 35 points. Proposers are advised that this is not a low bid award and that the scoring of the price proposal will be combined with the scoring of the complete proposal to determine the overall highest scoring Proposer. The following formula will be used to assign points for costs: Proposer’s Price Score = (Lowest Proposed Price / Proposer’s Proposed Price) 35 Number of Points for Score For the purpose of use of this formula, the lowest proposed price is defined as the lowest price proposed by a Proposer who has scored above the minimum necessary for consideration. H. Final Selection The Agency will conduct a final selection based on the final evaluation of the initial proposals or, if requested, as a result of the Best and Final Offer and begin contract negotiations with the selected Proposer(s). I. Rights of the Agency in Accepting and Evaluating Proposals The Agency reserves the right to:  Make independent investigations in evaluating Proposals;  Request additional information to clarify elements of a Proposal;  Waive minor or immaterial deviations from the RFP requirements, if determined to be in the best interest of the State;  Omit any planned evaluation step if, in the Agency’s view, the step is not needed;  At its sole discretion, reject any and all Proposals at any time; and  Open contract discussions with the second highest scoring Proposer and so on, if the Agency is unable to reach an agreement on Contract terms with the higher scoring Proposer(s). VII. SECTION 7 – Terms and Conditions Related to the RFP Process A. RFP Addendum STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 18 of 38 The Agency reserves the right to amend this RFP at its discretion, prior to the Proposal submission deadline. In the event of an addendum to this RFP, the Agency, at its sole discretion, may extend the Proposal submission deadline, as it deems appropriate. B. Non-Collusion The Proposer’s signature on a Proposal submitted in response to this RFP guarantees that the prices, terms and conditions, and Work quoted have been established without collusion with other Proposers and without effort to preclude the Agency from obtaining the best possible competitive Proposal. C. Property of the Agency All material received in response to this RFP shall become the property of the State and will not be returned to the proposer. Upon Contract award, the State reserves the right to use any information presented in any Proposal. D. Confidentiality of a Proposal Unless necessary for the approval of a contract, the substance of a proposal must remain confidential until the Effective Date of any Contract resulting from this RFP. A Proposer’s disclosure or distribution of Proposals other than to the Agency will be grounds for disqualification. E. Public Disclosure Pursuant to RSA 21-G:37, all responses to this RFP shall be considered confidential until the award of a contract. At the time of receipt of proposals, the Agency will post the number of responses received with no further information. No later than five (5) business days prior to submission of a contract to the Department of Administrative Services pursuant to this RFP, the Agency will post the name, rank or score of each proposer. In the event that the contract does not require Governor & Executive Council approval, the Agency shall disclose the rank or score of the Proposals at least 5 business days before final approval of the contract. The content of each Proposer’s Proposal shall become public information upon the award of any resulting Contract. Any information submitted as part of a response to this request for proposal (RFP) may be subject to public disclosure under RSA 91-A. In addition, in accordance with RSA 9-F:1, any contract entered into as a result of this RFP will be made accessible to the public online via the website Transparent NH (http://www.nh.gov/transparentnh/). However, business financial information and proprietary information such as trade secrets, business and financials models and forecasts, and proprietary formulas may be exempt from public disclosure under RSA 91-A:5, IV. If you believe any information being submitted in response to this request for proposal, bid or information should be kept confidential as financial or proprietary information; you must specifically identify that information in a letter to the agency, and must mark/stamp each page of the materials that you claim must be exempt from disclosure as “CONFIDENTIAL”. A STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 19 of 38 designation by the Proposer of information it believes exempt does not have the effect of making such information exempt. The Agency will determine the information it believes is properly exempted from disclosure. Marking of the entire Proposal or entire sections of the Proposal (e.g. pricing) as confidential will neither be accepted nor honored. Notwithstanding any provision of this RFP to the contrary, Proposer pricing will be subject to disclosure upon approval of the contract. The Agency will endeavor to maintain the confidentiality of portions of the Proposal that are clearly and properly marked confidential. If a request is made to the Agency to view portions of a Proposal that the Proposer has properly and clearly marked confidential, the Agency will notify the Proposer of the request and of the date the Agency plans to release the records. By submitting a Proposal, Proposers agree that unless the Proposer obtains a court order, at its sole expense, enjoining the release of the requested information, the Agency may release the requested information on the date specified in the Agency’s notice without any liability to the Proposers. F. Non-Commitment Notwithstanding any other provision of this RFP, this RFP does not commit the Agency to award a Contract. The Agency reserves the right, at its sole discretion, to reject any and all Proposals, or any portions thereof, at any time; to cancel this RFP; and to solicit new Proposals under a new acquisition process. G. Proposal Preparation Cost By submitting a Proposal, a Proposer agrees that in no event shall the Agency be either responsible for or held liable for any costs incurred by a Proposer in the preparation of or in connection with the Proposal, or for Work performed prior to the Effective Date of a resulting Contract. H. Ethical Requirements From the time this RFP is published until a contract is awarded, no bidder shall offer or give, directly or indirectly, any gift, expense reimbursement, or honorarium, as defined by RSA 15-B, to any elected official, public official, public employee, constitutional official, or family member of any such official or employee who will or has selected, evaluated, or awarded an RFP, or similar submission. Any bidder that violates RSA 21-G:38 shall be subject to prosecution for an offense under RSA 640:2. Any bidder who has been convicted of an offense based on conduct in violation of this section, which has not been annulled, or who is subject to a pending criminal charge for such an offense, shall be disqualified from bidding on the RFP, or similar request for submission and every such bidder shall be disqualified from bidding on any RFP or similar request for submission issued by any state agency. A bidder that was disqualified under this section because of a pending criminal charge which is subsequently dismissed, results in an acquittal, or is annulled, may notify the department of administrative services, which shall note that information STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 20 of 38 on the list maintained on the state’s internal intranet system, except in the case of annulment, the information, shall be deleted from the list. I. Challenges on Form or Process of the RFP Any challenges regarding the validity or legality of the form and procedures of this RFP, including but not limited to the evaluation and scoring of Proposals, shall be brought to the attention of the Agency at least ten (10) business days prior to the Proposal Submission Deadline. By submitting a proposal, the Proposer is deemed to have waived any challenges to the agency’s authority to conduct this procurement and the form and procedures of this RFP. VIII. Section 8 – Contract Terms and Award A. Award If the State decides to award a contract as a result of this RFP process, any award is contingent upon approval of the Contract by Governor and Executive Council of the State of New Hampshire and upon continued appropriation of funding for the contract. B. Standard Contract Terms The Agency will require the successful bidder to execute a Firm Fixed Price Contract using the Standard Terms and Conditions of the State of New Hampshire which is attached as Appendix A. The Term of the Contract will be for three (3) years from the date of approval. The contract term may be extended by an additional term of two (2) years at the sole option of the State, subject to the parties’ prior written agreement on terms and applicable fees for each extended term. contingent upon satisfactory vendor performance, continued funding and Governor and Executive Council approval. To the extent that a Proposer believes that exceptions to the standard form contract will be necessary for the Proposer to enter into the Agreement, the Proposer should note those issues during the Proposer Inquiry Period. The Agency will review requested exceptions and accept, reject or note that it is open to negotiation of the proposed exception at its sole discretion. If the Agency accepts a Proposer’s exception the Agency will, at the conclusion of the inquiry period, provide notice to all potential proposers of the exceptions which have been accepted and indicate that exception is available to all potential proposers. Any exceptions to the standard form contract that are not raised during the proposer inquiry period are waived. In no event is a Proposer to submit its own standard contract terms and conditions as a replacement for the State’s terms in STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 21 of 38 IX. Terms and Definitions Agency Agency of the State. Change Order The document used to propose and accept changes Confidential Information Information required to be kept Confidential from unauthorized disclosure Contract Contract means a binding legal agreement between the State of New Hampshire and the Contractor. The Contract includes, without limitation, the Request for Proposal, the Offer submitted in response to the RFP, the Contract Award, the standard Purchase Terms and Conditions, Supplemental Terms and Conditions if any, Specifications, and any addenda and amendments thereto. Contract Conclusion Refers to the conclusion of Contracts, for any reason, including but not limited to, the successful Contract completion, termination for convenience, or termination for default. Contractor The Contracted Vendor Company that will perform the duties and specifications of the Contract. Contract Manager The persons identified by the State and by the Contractor who shall be responsible for all contractual authorizations and administration of the Contract. These responsibilities shall include but not be limited to processing Contract documentation, obtaining executive approvals, tracking costs and payments, and for the State, acting as the State representative in all Contract administration activities. DAS Department of Administrative Services Data State records, files, forms, data and other documents or information that will be converted by the Contractor for processing. Days Calendar days unless otherwise indicated. Deliverable A Deliverable is any Written, Software, or Non-Software Document (letter, report, manual, book, other), provided by the Contractor to the State or under the terms of a contract requirement STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 22 of 38 Department Agency of the State Documentation All operations, technical, user, and other manuals used in conjunction with the System and Software, in whole and in part. Effective Date The date on which an agreement, such as a contract, takes effect. Firm Fixed Price Contract A firm-fixed-price contract provides a price that is not subject to increase, i.e., adjustment on the basis of the Contractor’s cost experience in performing the Contract. Fully loaded Rates are inclusive of all allowable expenses, including, but not limited to: meals, hotel/housing, airfare, car rentals, car mileage, and out of pocket expenses. Governor and Council The New Hampshire Governor and Executive Council. GAAP Generally Accepted Accounting Principles HIPAA The Health Insurance Portability and Accountability Act of 1996. Information Technology (IT) Reference for the tools and processes used for the gathering, storing, manipulating, transmitting, sharing, and sensing of information including, but not limited to, data processing, computing, information systems, telecommunications, and various audio and video technologies. Non-Exclusive Contract A Contract executed by the State that does not restrict any State Agencies from seeking alternative sources for the product or service Notice to Proceed The State Contract Manager’s direction to the Contractor to begin work on the Contract on a given date and time. Order of Precedence The order in which Contract Activities/Documents preside in the event of a conflict or ambiguity. Project The planned undertaking regarding the subject matter of this Contract and the activities of the parties related hereto. Project Managers The persons identified who shall function as the State’s and Contractor’s representative with regard to Review and STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 23 of 38 Acceptance of Contract Deliverables, invoice sign off, and review and approval of Change Requests (CR) utilizing the Change Control Procedures (CCP). Proposal The submission from a Contractor in response to the RFP. RFP (Request for Proposal) A Request For Proposal which solicits vendor proposals to satisfy State functional requirements by supplying data processing product and/or service resources according to specific terms and conditions. Schedule The dates described in the Work Plan for deadlines for performance of Services and other Project events and activities. Services The work or labor to be performed by the Contractor on the Project as described in the Contract. State The State of New Hampshire, acting through the Department of Information Technology for the Department of Safety. State Confidential Information State information regardless of its form that is not subject to public disclosure under applicable state and federal laws and regulations, including but not limited to RSA Chapter 91-A. State Data Any information contained within State systems in electronic or paper format. State Fiscal Year (SFY) The New Hampshire State Fiscal Year extends from July 1st through June 30th of the following calendar year. Subcontractor A person, partnership, or company not in the employment of or owned by the Contractor, that is performing Services under the Contract under a separate Contract with or on behalf of the Contractor. TBD To Be Determined Vendor A Contractor submitting a proposal to provide IT Consulting services in response to the RFP Work for Hire Work created or prepared by contracted personnel within the scope of their employment, or a work specially ordered or commissioned for use as a contribution to a collective work. Such work is considered the sole property of the State. STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 24 of 38 X. Appendix A – Transmittal Form Letter State of New Hampshire Proposal Transmittal Form Letter Company Name___________________________________________________________________________ Address:_________________________________________________________________________________ STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 25 of 38 To: NH DESC State Point of Contact: Derick Aumann Telephone: 603-271-6911| Email: derick.c.aumman@desc.nh.gov CC: debbie.e.bray@desc.nh.gov RE: Proposal Invitation Name: Consulting Services as Medical Director Proposal Number: DESC - RFP 2021-200 Proposal Due Date and Time: 04/09/2021 at 2:30 PM Dear Sir: Company Name: _________________________ hereby offers to sell to the State of New Hampshire the Services indicated in NH DESC RFP 2021-200 Consulting Services as Medical Director at the price(s) quoted in the Separate Cost Proposal, and Appendix C: Pricing Worksheets, in complete accordance with all conditions of this RFP and all Specifications set forth in the RFP and in the State of New Hampshire Terms and Conditions outlined in RFP Appendix H: State of New Hampshire Terms and Conditions. Company Signor: ______________________________________ is authorized to legally obligate Company Name: ______________________________________. We attest to the fact that: The company has reviewed and agreed to be bound by all RFP terms and conditions including but not limited to the State of New Hampshire Terms and Conditions in Appendix H, which shall form the basis of any Contract resulting from this RFP; No new terms and conditions have been added and no existing terms and conditions have been deleted in this RFP Proposal. The Proposal is effective for a period of 180 days or until the Effective Date of any resulting Contract. The prices quoted in the Proposal were established without collusion with other eligible Vendors and without effort to preclude the State of New Hampshire from obtaining the best possible competitive price; and The Vendor has read and included a copy of DESC RFP 2021-200 and any subsequent signed Addendum(a) Our official point of contact is _________________________________________________ Title __________________________________________________________________________ Telephone_______________________Email________________________________________ Authorized Signature Printed ___________________________________________________ Authorized Signature _________________________________________________________ STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 26 of 38 FORM NUMBER P-37 (version 12/11/2019) XI. Appendix B – P37 Agreement The State of New Hampshire and the Contractor hereby mutually agree as follows: GENERAL PROVISIONS 1. IDENTIFICATION. 1.1 State Agency Name Division of Emergency Services and Communications 1.2 State Agency Address 110 Smokey Bear Boulevard, Concord, NH 03301 1.3 Contractor Name 1.4 Contractor Address 1.5 Contractor Phone Number 1.6 Account Number 1.7 Completion Date 1.8 Price Limitation 1.9 Contracting Officer for State Agency Steve Lavoie, Director of Administration 1.10 State Agency Telephone Number 603-223-8020 1.11 Contractor Signature Date: 1.12 Name and Title of Contractor Signatory 1.13 State Agency Signature Date: 1.14 Name and Title of State Agency Signatory 1.15 Approval by the N.H. Department of Administration, Division of Personnel (if applicable) By: Director, On: 1.16 Approval by the Attorney General (Form, Substance and Execution) (if applicable) By: On: 1.17 Approval by the Governor and Executive Council (if applicable) G&C Item number: G&C Meeting Date: Contractor Initials ________ Date ________ Notice: This agreement and all of its attachments shall become public upon submission to Governor and Executive Council for approval. Any information that is private, confidential or proprietary must be clearly identified to the agency and agreed to in writing prior to signing the contract. STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 27 of 38 2. SERVICES TO BE PERFORMED. The State of New Hampshire, acting through the agency identified in block 1.1 (“State”), engages contractor identified in block 1.3 (“Contractor”) to perform, and the Contractor shall perform, the work or sale of goods, or both, identified and more particularly described in the attached EXHIBIT B which is incorporated herein by reference (“Services”). 3. EFFECTIVE DATE/COMPLETION OF SERVICES. 3.1 Notwithstanding any provision of this Agreement to the contrary, and subject to the approval of the Governor and Executive Council of the State of New Hampshire, if applicable, this Agreement, and all obligations of the parties hereunder, shall become effective on the date the Governor and Executive Council approve this Agreement as indicated in block 1.17, unless no such approval is required, in which case the Agreement shall become effective on the date the Agreement is signed by the State Agency as shown in block 1.13 (“Effective Date”). 3.2 If the Contractor commences the Services prior to the Effective Date, all Services performed by the Contractor prior to the Effective Date shall be performed at the sole risk of the Contractor, and in the event that this Agreement does not become effective, the State shall have no liability to the Contractor, including without limitation, any obligation to pay the Contractor for any costs incurred or Services performed. Contractor must complete all Services by the Completion Date specified in block 1.7. 4. CONDITIONAL NATURE OF AGREEMENT. Notwithstanding any provision of this Agreement to the contrary, all obligations of the State hereunder, including, without limitation, the continuance of payments hereunder, are contingent upon the availability and continued appropriation of funds affected by any state or federal legislative or executive action that reduces, eliminates or otherwise modifies the appropriation or availability of funding for this Agreement and the Scope for Services provided in EXHIBIT B, in whole or in part. In no event shall the State be liable for any payments hereunder in excess of such available appropriated funds. In the event of a reduction or termination of appropriated funds, the State shall have the right to withhold payment until such funds become available, if ever, and shall have the right to reduce or terminate the Services under this Agreement immediately upon giving the Contractor notice of such reduction or termination. The State shall not be required to transfer funds from any other account or source to the Account identified in block 1.6 in the event funds in that Account are reduced or unavailable. 5. CONTRACT PRICE/PRICE LIMITATION/ PAYMENT. 5.1 The contract price, method of payment, and terms of payment are identified and more particularly described in EXHIBIT C which is incorporated herein by reference. 5.2 The payment by the State of the contract price shall be the only and the complete reimbursement to the Contractor for all expenses, of whatever nature incurred by the Contractor in the performance hereof, and shall be the only and the complete compensation to the Contractor for the Services. The State shall have no liability to the Contractor other than the contract price. 5.3 The State reserves the right to offset from any amounts otherwise payable to the Contractor under this Agreement those liquidated amounts required or permitted by N.H. RSA 80:7 through RSA 80:7-c or any other provision of law. 5.4 Notwithstanding any provision in this Agreement to the contrary, and notwithstanding unexpected circumstances, in no event shall the total of all payments authorized, or actually made hereunder, exceed the Price Limitation set forth in block 1.8. 6. COMPLIANCE BY CONTRACTOR WITH LAWS AND REGULATIONS/ EQUAL EMPLOYMENT OPPORTUNITY. 6.1 In connection with the performance of the Services, the Contractor shall comply with all applicable statutes, laws, regulations, and orders of federal, state, county or municipal authorities which impose any obligation or duty upon the Contractor, including, but not limited to, civil rights and equal employment opportunity laws. In addition, if this Agreement is funded in any part by monies of the United States, the Contractor shall comply with all federal executive orders, rules, regulations and statutes, and with any rules, regulations and guidelines as the State or the United States issue to implement these regulations. The Contractor shall also comply with all applicable intellectual property laws. STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 28 of 38 6.2 During the term of this Agreement, the Contractor shall not discriminate against employees or applicants for employment because of race, color, religion, creed, age, sex, handicap, sexual orientation, or national origin and will take affirmative action to prevent such discrimination. 6.3. The Contractor agrees to permit the State or United States access to any of the Contractor’s books, records and accounts for the purpose of ascertaining compliance with all rules, regulations and orders, and the covenants, terms and conditions of this Agreement. 7. PERSONNEL. 7.1 The Contractor shall at its own expense provide all personnel necessary to perform the Services. The Contractor warrants that all personnel engaged in the Services shall be qualified to perform the Services, and shall be properly licensed and otherwise authorized to do so under all applicable laws. 7.2 Unless otherwise authorized in writing, during the term of this Agreement, and for a period of six (6) months after the Completion Date in block 1.7, the Contractor shall not hire, and shall not permit any subcontractor or other person, firm or corporation with whom it is engaged in a combined effort to perform the Services to hire, any person who is a State employee or official, who is materially involved in the procurement, administration or performance of this Agreement. This provision shall survive termination of this Agreement. 7.3 The Contracting Officer specified in block 1.9, or his or her successor, shall be the State’s representative. In the event of any dispute concerning the interpretation of this Agreement, the Contracting Officer’s decision shall be final for the State. 8. EVENT OF DEFAULT/REMEDIES. 8.1 Any one or more of the following acts or omissions of the Contractor shall constitute an event of default hereunder (“Event of Default”): 8.1.1 failure to perform the Services satisfactorily or on schedule; 8.1.2 failure to submit any report required hereunder; and/or 8.1.3 failure to perform any other covenant, term or condition of this Agreement. 8.2 Upon the occurrence of any Event of Default, the State may take any one, or more, or all, of the following actions: 8.2.1 give the Contractor a written notice specifying the Event of Default and requiring it to be remedied within, in the absence of a greater or lesser specification of time, thirty (30) days from the date of the notice; and if the Event of Default is not timely cured, terminate this Agreement, effective two (2) days after giving the Contractor notice of termination; 8.2.2 give the Contractor a written notice specifying the Event of Default and suspending all payments to be made under this Agreement and ordering that the portion of the contract price which would otherwise accrue to the Contractor during the period from the date of such notice until such time as the State determines that the Contractor has cured the Event of Default shall never be paid to the Contractor; 8.2.3 give the Contractor a written notice specifying the Event of Default and set off against any other obligations the State may owe to the Contractor any damages the State suffers by reason of any Event of Default; and/or 8.2.4 give the Contractor a written notice specifying the Event of Default, treat the Agreement as breached, terminate the Agreement and pursue any of its remedies at law or in equity, or both. 8.3. No failure by the State to enforce any provisions hereof after any Event of Default shall be deemed a waiver of its rights with regard to that Event of Default, or any subsequent Event of Default. No express failure to enforce any Event of Default shall be deemed a waiver of the right of the State to enforce each and all of the provisions hereof upon any further or other Event of Default on the part of the Contractor. 9. TERMINATION. 9.1 Notwithstanding paragraph 8, the State may, at its sole discretion, terminate the Agreement for any reason, in whole or in part, by thirty (30) days written notice to the Contractor that the State is exercising its option to terminate the Agreement. 9.2 In the event of an early termination of this Agreement for any reason other than the completion of the Services, the Contractor shall, at the State’s discretion, deliver to the Contracting Officer, not later than fifteen (15) days after the date of termination, a report (“Termination Report”) describing in detail all Services performed, and the contract price earned, to and including the date of termination. The form, STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 29 of 38 subject matter, content, and number of copies of the Termination Report shall be identical to those of any Final Report described in the attached EXHIBIT B. In addition, at the State’s discretion, the Contractor shall, within 15 days of notice of early termination, develop and submit to the State a Transition Plan for services under the Agreement. 10. DATA/ACCESS/CONFIDENTIALITY/ PRESERVATION. 10.1 As used in this Agreement, the word “data” shall mean all information and things developed or obtained during the performance of, or acquired or developed by reason of, this Agreement, including, but not limited to, all studies, reports, files, formulae, surveys, maps, charts, sound recordings, video recordings, pictorial reproductions, drawings, analyses, graphic representations, computer programs, computer printouts, notes, letters, memoranda, papers, and documents, all whether finished or unfinished. 10.2 All data and any property which has been received from the State or purchased with funds provided for that purpose under this Agreement, shall be the property of the State, and shall be returned to the State upon demand or upon termination of this Agreement for any reason. 10.3 Confidentiality of data shall be governed by N.H. RSA chapter 91-A or other existing law. Disclosure of data requires prior written approval of the State. 11. CONTRACTOR’S RELATION TO THE STATE. In the performance of this Agreement the Contractor is in all respects an independent contractor, and is neither an agent nor an employee of the State. Neither the Contractor nor any of its officers, employees, agents or members shall have authority to bind the State or receive any benefits, workers’ compensation or other emoluments provided by the State to its employees. 12. ASSIGNMENT/DELEGATION/SUBCONTRACTS. 12.1 The Contractor shall not assign, or otherwise transfer any interest in this Agreement without the prior written notice, which shall be provided to the State at least fifteen (15) days prior to the assignment, and a written consent of the State. For purposes of this paragraph, a Change of Control shall constitute assignment. “Change of Control” means (a) merger, consolidation, or a transaction or series of related transactions in which a third party, together with its affiliates, becomes the direct or indirect owner of fifty percent (50%) or more of the voting shares or similar equity interests, or combined voting power of the Contractor, or (b) the sale of all or substantially all of the assets of the Contractor. 12.2 None of the Services shall be subcontracted by the Contractor without prior written notice and consent of the State. The State is entitled to copies of all subcontracts and assignment agreements and shall not be bound by any provisions contained in a subcontract or an assignment agreement to which it is not a party. 13. INDEMNIFICATION. Unless otherwise exempted by law, the Contractor shall indemnify and hold harmless the State, its officers and employees, from and against any and all claims, liabilities and costs for any personal injury or property damages, patent or copyright infringement, or other claims asserted against the State, its officers or employees, which arise out of (or which may be claimed to arise out of) the acts or omission of the Contractor, or subcontractors, including but not limited to the negligence, reckless or intentional conduct. The State shall not be liable for any costs incurred by the Contractor arising under this paragraph 13. Notwithstanding the foregoing, nothing herein contained shall be deemed to constitute a waiver of the sovereign immunity of the State, which immunity is hereby reserved to the State. This covenant in paragraph 13 shall survive the termination of this Agreement. 14. INSURANCE. 14.1 The Contractor shall, at its sole expense, obtain and continuously maintain in force, and shall require any subcontractor or assignee to obtain and maintain in force, the following insurance: 14.1.1 commercial general liability insurance against all claims of bodily injury, death or property damage, in amounts of not less than $1,000,000 per occurrence and $2,000,000 aggregate or excess; and 14.1.2 special cause of loss coverage form covering all property subject to subparagraph 10.2 herein, in an amount not less than 80% of the whole replacement value of the property. 14.2 The policies described in subparagraph 14.1 herein shall be on policy forms and endorsements approved for use in the State of New Hampshire by STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 30 of 38 the N.H. Department of Insurance, and issued by insurers licensed in the State of New Hampshire. 14.3 The Contractor shall furnish to the Contracting Officer identified in block 1.9, or his or her successor, a certificate(s) of insurance for all insurance required under this Agreement. Contractor shall also furnish to the Contracting Officer identified in block 1.9, or his or her successor, certificate(s) of insurance for all renewal(s) of insurance required under this Agreement no later than ten (10) days prior to the expiration date of each insurance policy. The certificate(s) of insurance and any renewals thereof shall be attached and are incorporated herein by reference. 15. WORKERS’ COMPENSATION. 15.1 By signing this agreement, the Contractor agrees, certifies and warrants that the Contractor is in compliance with or exempt from, the requirements of N.H. RSA chapter 281-A (“Workers’ Compensation”). 15.2 To the extent the Contractor is subject to the requirements of N.H. RSA chapter 281-A, Contractor shall maintain, and require any subcontractor or assignee to secure and maintain, payment of Workers’ Compensation in connection with activities which the person proposes to undertake pursuant to this Agreement. The Contractor shall furnish the Contracting Officer identified in block 1.9, or his or her successor, proof of Workers’ Compensation in the manner described in N.H. RSA chapter 281-A and any applicable renewal(s) thereof, which shall be attached and are incorporated herein by reference. The State shall not be responsible for payment of any Workers’ Compensation premiums or for any other claim or benefit for Contractor, or any subcontractor or employee of Contractor, which might arise under applicable State of New Hampshire Workers’ Compensation laws in connection with the performance of the Services under this Agreement. 16. NOTICE. Any notice by a party hereto to the other party shall be deemed to have been duly delivered or given at the time of mailing by certified mail, postage prepaid, in a United States Post Office addressed to the parties at the addresses given in blocks 1.2 and 1.4, herein. 17. AMENDMENT. This Agreement may be amended, waived or discharged only by an instrument in writing signed by the parties hereto and only after approval of such amendment, waiver or discharge by the Governor and Executive Council of the State of New Hampshire unless no such approval is required under the circumstances pursuant to State law, rule or policy. 18. CHOICE OF LAW AND FORUM. This Agreement shall be governed, interpreted and construed in accordance with the laws of the State of New Hampshire, and is binding upon and inures to the benefit of the parties and their respective successors and assigns. The wording used in this Agreement is the wording chosen by the parties to express their mutual intent, and no rule of construction shall be applied against or in favor of any party. Any actions arising out of this Agreement shall be brought and maintained in New Hampshire Superior Court which shall have exclusive jurisdiction thereof. 19. CONFLICTING TERMS. In the event of a conflict between the terms of this P-37 form (as modified in EXHIBIT A) and/or attachments and amendment thereof, the terms of the P-37 (as modified in EXHIBIT A) shall control. 20. THIRD PARTIES. The parties hereto do not intend to benefit any third parties and this Agreement shall not be construed to confer any such benefit. 21. HEADINGS. The headings throughout the Agreement are for reference purposes only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 22. SPECIAL PROVISIONS. Additional or modifying provisions set forth in the attached EXHIBIT A are incorporated herein by reference. STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 31 of 38 23. SEVERABILITY. In the event any of the provisions of this Agreement are held by a court of competent jurisdiction to be contrary to any state or federal law, the remaining provisions of this Agreement will remain in full force and effect. 24. ENTIRE AGREEMENT. This Agreement, which may be executed in a number of counterparts, each of which shall be deemed an original, constitutes the entire agreement and understanding between the parties, and supersedes all prior agreements and understandings with respect to the subject matter hereof. STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 32 of 38 XII. APPENDIX C: PRICING WORKSHEETS A Vendor’s Cost Proposal must be based on the worksheets formatted as described in Appendix F. A. C-1 Vendor Proposed Position Rates Pricing Worksheet Using the format provided in the following table, list titles of proposed consultant positions to be filled by Vendor Consultant staff. Include hourly rates for all staff proposed. “SFY” refers to State fiscal year. The New Hampshire State Fiscal year runs from July 1 through June 30 of the following calendar year. Table C-1: Vendor Proposed Position Rates Pricing Worksheet Features Proposed Consultant FY Year 22 Cost FY Year 23 Cost FY Year 24 Cost Cost per hour for Standard Service as outlined in Appendix C (72 annual hours) Cost per hour for Emergency Service outlined in Appendix C (16 annual hours) Total–Annual Cost B. C-2 Optional 2 Year Extension Worksheet The State may extend the current vendor to continue to provide the consulting services described in this RFP for an additional two years. The following format must be used to provide this information. “SFY” refers to State fiscal year. The New Hampshire State Fiscal year runs from July 1 through June 30 of the following calendar year. Table C-2: Optional Vendor Proposed Pricing Worksheet Features Proposed Consultant FY Year 25 Cost FY Year 26 Cost Cost per hour for Standard Service as outlined in Appendix C (72 annual hours) Cost per hour for Emergency Service as outlined in Appendix C (16 annual hours) Total–Annual Cost STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 33 of 38 XIII. APPENDIX D – SAMPLE CERTIFICATES New Hampshire Certificate of Authority or Certificate of Good Standing (VENDORS NEED TO SUBMIT AT CONTRACT AWARD TIME) As a condition of Contract award, the Vendor must furnish a Certificate of Authority/Good Standing dated after March 1, 2021, from the Office of the Secretary of State of New Hampshire. If your company is not registered, an application form may be obtained from: Secretary of State State House Annex 25 Capitol Street Concord, New Hampshire 03301 603-271-3244 If your company is registered, a Certification thereof may be obtained from the Secretary of State. A. Computer Access and Use Agreement PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT THE DUTIES YOU MUST UNDERTAKE AND THE RULES YOU MUST ADHERE TO ONCE YOU ARE GRANTED ACCESS TO USE THE STATE OF NEW HAMPSHIRE’S COMPUTER FACILITIES. 1. Computer Use In consideration for receiving access to and use of the computer facilities, network, licensed or developed software, software maintained or operated by any of the State entities, systems, equipment, Documentation, information, reports, or data of any kind (hereinafter “Information”), User understands and agrees to the following rules:  That numerous security and privacy regulations, both State and federal apply to client and business information contained in all State of New Hampshire’s information systems. Every Authorized User has the responsibility to assure the protection of Information from unauthorized access, misuse, theft, damage, destruction, modification, or disclosure.  That any person or any use not specifically known by the User as being authorized to access or use Information shall be promptly reported to the appropriate supervisor.  That information shall be used solely for conducting official State business, and all other use or access is strictly forbidden including, but not limited to, personal, or other private and non-State use.  That at no time shall User access or attempt to access any information without having the express authority to do so. STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 34 of 38  That at no time shall User access or attempt to access any information in a manner inconsistent with the approved policies, procedures, and /or agreements relating to system entry/access.  That all software licensed, developed, or being evaluated by the State cannot be copied, shared, distributed, sub-licensed, modified, reverse engineered, rented, or sold, and that at all times User must use utmost care to protect and keep such software strictly confidential in accordance with the license or any other Agreement executed by the State.  That only equipment or software owned, licensed, or being evaluated by the State, can be used by User. Personal software (including but not limited to palmtop sync software) shall not be installed on any equipment.  That at no time shall User’s confidential computer password(s) or premises access card be shared with or used by any other person.  That at no time shall User share or use another person’s confidential computer password(s) or premises access card.  That at no time shall User leave a workstation without first ensuring that the workstation is properly secured from unauthorized access.  That User must report any and all violations of this Agreement to the appropriate supervisor promptly upon learning of such violation.  That if User is found to be in violation of any of the above-stated rules, the User may face removal from the State Contract, and/or criminal or civil prosecution, if the act constitutes a violation of law.  That from time to time circumstances may require that this Agreement be modified by the State to reflect any changes in procedure or policy. The User will be notified in writing of any changes and will be required to adhere to such changes.  That the User acknowledges that he or she has read, fully understands, and agrees to abide by each of the above-stated rules as a condition of being granted access to use Information. 2. Email Use Mail and other electronic communication messaging systems are State of New Hampshire property and are to be used for business purposes only. Email is defined as “internal Email systems” or “State-funded Email systems”. The Authorized User understands and agrees that email shall not contain or be used for: 1. Any unlawful purpose. 2. Material that may be viewed as insulting. Demeaning, harassing or threatening (including sexual harassment). STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 35 of 38 3. Distribution of pornographic or obscene material. 4. Profane or abusive language. 5. Distribution of non-business materials including but not limited to jokes, chain letters, cartoons, sound files, amusement or entertainment purposes or executables not specifically business related. 6. Creating or transmitting statements, messages, languages, images, that might constitute hostile or offensive material likely to be disparaging of others based on race, national origin, sex, sexual orientation, age, disability, religious beliefs, or political beliefs. 7. Personal business or commercial business. 8. Invasion of the privacy of others. 9. Any use that compromises the integrity of the systems, network, other network users, or any interruption or disruption of services or equipment. 10. Any use that reflects poorly on a State entity or the State of New Hampshire. 11. Any lobbying contact or effort in support of such contacts, or causing others to make contact with members of the legislature or legislative committees including but not limited to: preparation and planning activities, research, and other background work that is intended at the time performed, to influence the approval, modification, or rejection of any legislation by the legislature of the State of New Hampshire or any committee thereof without the explicit consent of the Chief Information Officer (CIO) or its designee. 12. Misrepresentation of the Authorized User’s identity, including using another’s Authorized User ID and password. Technical support personnel shall not review the content of an Authorized User’s communications out of personal curiosity or at the behest of another without the required authorization. Authorized Users shall not intercept, disclose or assist in intercepting or disclosing any electronic communications, except as authorized by this policy. Authorized Users shall move important information from email message files to shared folders and drives to ensure proper backup. Messages no longer needed shall be purged periodically from personal storage areas. Technical support personnel shall monitor storage usage and advise when limits are approaching storage limits or have been reached and purging is required. 3. Internet/Intranet Use The Internet/Intranet is to be used for access to and distribution of Information in direct support of the business of the State of New Hampshire. 1. Authorized Users are given State provided access to Internet and Intranet resources to assist them in the performance of their jobs. 2. Internet/Intranet Authorized Users are responsible for all material accessed under their user ID. 3. Software for browsing is provided to Authorized Users for State related business use only. 4. The Authorized User understands and agrees that the Internet/Intranet shall not be used for: a. Chat rooms, interactive games, and personal message boards STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 36 of 38 b. Downloading graphics, sound files, video clips or other files for personal use c. Access to or the distribution of pornographic or obscene materials d. Anything that interrupts or disrupts other network Authorized Users, services or equipment e. Violations of the privacy of other Authorized Users or their data f. Intentional copying of any software, program(s), or data without a prior, good faith determined that such copying is permissible. (Efforts to obtain permission shall be documented) g. Intentional misrepresentation of yourself electronically as another, unless specifically authorized to do so by that Authorized User h. Intentionally developing programs designed to harass users or to infiltrate a computer or computing system and/or damage or alter the software components of same i. Fund raising or public relations activities not specifically related to State business j. Any purpose not directly related to the mission or intent of the agency STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 37 of 38 Sample Certificate of Vote CERTIFICATE (Corporation without Seal) I, ___________________________________, Clerk/Secretary of the ____________________________________________________, do hereby certify that: (1) I am the duly elected and acting Clerk/Secretary of the ____________________________, a ______________________________ corporation (State of incorporation) (the “Corporation"); (2) I maintain and have custody and am familiar with the minute books of the Corporation; (3) I am duly authorized to issue certificates with respect to the contents of such books; (4) The following are true, accurate and complete copies of the resolutions adopted by the Board of Directors of the Corporation at a meeting of the said Board of Directors held on the ______ day of ______________, 2021 which meeting was duly held in accordance with ______________________________(State of incorporation) law and the by-laws of the Corporation: RESOLVED: That this Corporation enter into a Contract with the State of New Hampshire, acting by and through the DOS/JONE Program of the DEPARTMENT OF SAFETY, providing for the performance of certain IT Consulting services, and that the President (and Vice President) (and the Treasurer) (or any of them acting singly) be and hereby (is) (are) authorized and directed for and on behalf of this Corporation to enter into the said Contract with the State and to take any and all such actions and to execute, acknowledge and deliver for and on behalf of this Corporation any and all documents, agreements and other instruments (and any amendments, revisions or modifications thereto) and (she) (he) (any of them) may deem necessary, desirable or appropriate to accomplish the same; STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY DIVISION OF EMERGENCY SERVICES CONSULTING SERVICES AS MEDICAL DIRECTOR DOS-RFP 2021-200 Consulting Services Medical Director 3/17/2021 Page 38 of 38 RESOLVED: That the signature of any officer of this Corporation affixed to any instrument or document in or contemplated by these resolutions shall be conclusive evidence of the authority of said officer to bind this Corporation thereby; (5) the foregoing resolutions have not been revoked, annulled, or amended in any manner whatsoever and remain in full force and effect as of the date hereof; (6) the following person(s) (has) (have) been duly elected to and now occupy the office(s) indicated below: _____________________________________ President _____________________________________ Vice President _____________________________________ Treasurer and; (7) the corporation has no seal. IN WITNESS WHEREOF, I have hereunto set my hand as the Clerk/Secretary of the Corporation this __________ day of ___________________, 2021. ___________________________________ Clerk/Secretary STATE OF ________________________ COUNTY OF________________________