AS Needed Project Management Services

STATE OF WASHINGTON HEALTH CARE AUTHORITY REQUEST FOR PROPOSALS (RFP) RFP NO. 2020HCA6 NOTE: If you download this RFP from the Health Care Authority website, you are responsible for sending your name, address, e-mail address, and telephone number to the RFP Coordinator in order for your organization to receive any RFP amendments or bidder questions/agency answers. HCA is not responsible for any failure of your organization to send the information or for any repercussions that may result to your organization because of any such failure. PROJECT TITLE: As Needed Project Management (PM) Services PROPOSAL DUE DATE: March 30, 2020 by 2:00 p.m. Pacific Standard Time, Olympia, Washington, USA. E-mailed bids will be accepted. Faxed bids will not. ESTIMATED TIME PERIOD FOR CONTRACT: 6/1/2020 to 6/30/2022 The Health Care Authority reserves the right to extend the contract for up to 4 additional 2-year periods at the sole discretion of the Health Care Authority. BIDDER ELIGIBILITY: This

procurement is open to those Bidders that satisfy the minimum qualifications stated herein and that are available for work in Washington State. 1. INTRODUCTION................................................................................................................ 4 PURPOSE AND BACKGROUND ...............................................................................................4 OBJECTIVES AND SCOPE OF WORK ........................................................................................5 OTHER RELEVANT INFORMATION........................................................................................ 12 MINIMUM QUALIFICATIONS ............................................................................................... 13 FUNDING ............................................................................................................................ 14 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT .......................................... 14 PERIOD OF PERFORMANCE ................................................................................................. 14 CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES .......................................... 14 DEFINITIONS ....................................................................................................................... 14 ADA ................................................................................................................................ 15 2. GENERAL INFORMATION FOR BIDDERS .......................................................................... 16 RFP COORDINATOR ............................................................................................................ 16 ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES ......................................................... 16 SUBMISSION OF PROPOSALS............................................................................................... 16 PROPRIETARY INFORMATION / PUBLIC DISCLOSURE ........................................................... 17 REVISIONS TO THE RFP ....................................................................................................... 17 DIVERSE BUSINESS INCLUSION PLAN ................................................................................... 17 ACCEPTANCE PERIOD .......................................................................................................... 18 COMPLAINT PROCESS ......................................................................................................... 18 RESPONSIVENESS ............................................................................................................... 18 MOST FAVORABLE TERMS ............................................................................................... 18 CONTRACT AND GENERAL TERMS & CONDITIONS ............................................................ 19 COSTS TO PROPOSE ......................................................................................................... 19 RECEIPT OF INSUFFICIENT NUMBER OF PROPOSALS ......................................................... 19 NO OBLIGATION TO CONTRACT ....................................................................................... 19 REJECTION OF PROPOSALS .............................................................................................. 19 COMMITMENT OF FUNDS ................................................................................................ 19 ELECTRONIC PAYMENT .................................................................................................... 19 INSURANCE COVERAGE ................................................................................................... 19 3. PROPOSAL CONTENTS .................................................................................................... 23 LETTER OF SUBMITTAL (MANDATORY) ................................................................................ 23 HCA RFP No. 2020HCA6 Page 3 of 41 TECHNICAL PROPOSAL (SCORED)......................................................................................... 24 MANAGEMENT PROPOSAL.................................................................................................. 24 EXECUTIVE ORDER 18-03 (SCORED) ..................................................................................... 25 COST PROPOSAL ................................................................................................................. 26 4. EVALUATION AND CONTRACT AWARD ........................................................................... 27 EVALUATION PROCEDURE ................................................................................................... 27 EVALUATION WEIGHTING AND SCORING............................................................................. 27 ORAL PRESENTATIONS ........................................................................................................ 28 SUBSTANTIALLY EQUIVALENT SCORES ................................................................................. 28 NOTIFICATION TO BIDDERS ................................................................................................. 28 DEBRIEFING OF UNSUCCESSFUL BIDDERS ............................................................................ 28 PROTEST PROCEDURE ......................................................................................................... 29 5. RFP EXHIBITS ................................................................................................................. 31 HCA RFP No. 2020HCA6 Page 4 of 41 1. INTRODUCTION PURPOSE AND BACKGROUND Purpose The Washington State Health Care Authority, hereafter called “HCA,” is initiating this Request for Proposals (RFP) to solicit proposals from firms interested in providing as needed project management services. HCA intends to award multiple contracts to provide the services described in this RFP. The objective of the contract(s) is to deliver as-needed services to HCA in the following roles of project management (PM). The details of these roles is outlined in the Exhibit D: Contractor Roles and Responsibilities, of this RFP and the titles are shared below. HCA expects the vendor to bid staff in the roles they best support the overall need. HCA does not expect every bidder to bid a staff member in every role, especially if it is not your intention or strength in that capacity. 1) Executive Consultant 2) Project Manager 3) Project Coordinator 4) Business Analyst The work orders developed under these contracts will also require complimentary skills and experience in the following areas to support the statements of work (SOW). HCA anticipates the contracted vendors may have a broader skill base or a narrower but deeper skillset to offer. HCA believes that because of the depth and breadth of the possible support needed, that this RFP will create a small pool of vendors for HCA to draw from as project support need arises. HCA will be evaluating bids that do not have all the skill areas. 1) Overall PM skills and experience outlined in PMBOK. 2) IT experience and knowledge. 3) People/Organizational Change Management. 4) Process Improvement – Lean. 5) Experience and knowledge of the public sector, Health care and the Washington State health Care Coalition (HHS). 6) Soft skills. Background The Health Care Authority (HCA) administers programs that provide health care coverage for nearly 1 in 3 Washington residents as well as community behavioral health services, supports, recovery and prevention efforts for the entire state. HCA is the state’s largest health care purchaser and oversees the Medicaid program (Apple Health), Public Employees Benefits, and HCA will be administering the School Employees Benefits as well. Through these programs, HCA covers nearly 2.3 million lives, with an expected increase to nearly 2.6 million covered lives. HCA’s policy and purchasing approaches are focused on transforming the health care delivery system in Washington State. These value-based purchasing strategies are designed to transform care through better health, better care and lower cost; provide whole-person care through integrating physical and behavioral health services; and utilize data-informed evidence to make purchasing decisions that improve health outcomes. HCA is experiencing a significant amount of organizational, system and process changes as the agency responds to legislative directives, federal mandates, and market shifts. One recent example is the legislative directive to transfer the School Employees Benefits administration from DSHS to HCA. These types of changes are complex and impact IT systems, and most program and operational units in the agency. As health care continues to evolve, more programmatic and HCA RFP No. 2020HCA6 Page 5 of 41 organizational changes will be required to align with federal, state and industry expectations. HCA desires help to organize and lead project work as we evolve in our role as the largest health care purchaser and leader in the State of Washington. The Planning and Performance Division within HCA, is a shared service and is specifically looking to augment existing and complimentary project management services to better support agency priorities. The division is organized into sections as follows: 1) Continuous Improvement 2) Change Management 3) Performance Reporting 4) Project Management This division will be the HCA division that indirectly supports and HCA business partners with the selected vendor(s). OBJECTIVES AND SCOPE OF WORK The table below describes the initial scope of the services HCA is requesting as a guide for the support skills needed at HCA. Where specific tools and methodologies are utilized, those tools and methodologies will be identified in the objective descriptions. The objectives listed likely overlap in scope or have dependencies on the other objectives to ensure alignment with agency direction and optimize HCA’s investment in these activities. HCA RFP No. 2020HCA6 Page 6 of 41 1. Overall PM skills and experience outlined in Project Manager Book of Knowledge (PMBOK) Attribute Narrative Goal & Description HCA requires all project managers (PMs) staff working on projects at HCA to be PMP certified This demonstrates good working knowledge of the PMBOK framework. HCA will use the resumes and organizational experience in the Exhibit E and F to score in this area. Org Background HCA has a Project Management Office (PMO) within the Planning and Performance Division (PPD/PMO). The purpose of the PMO is to partner, support, and help manage assigned projects to achieve agency goals. The PMO also coaches, teaches, and promotes PM tools and best practices to agency staff. The agency has too many projects for the PMO alone to manage so we partner with PM vendors to supplement for project management services. Tools HCA has implemented a cloud based PPM tool (Clarizen) to track all its key projects. This is the tool that we expect contracted PMs to use while managing and communicating project schedules, documenting risks and issues, and communicating status. Significant skills identified by customers Grounded in general PM skills • Able to establish base processes and structure at project initiation • Effective status reporting for team and stakeholders • Project Team leadership • Work plan development • Scheduling • Issue Management • Risk management • Managing in ambiguity • Requirements gathering and management • Deliverables delivery and management Excellent stakeholder engagement and facilitation skills • Effective at maintaining relationships • Identification and impact of stakeholders • Leading and coordinating diverse stakeholder groups • Managing cross agency engagements • Keeping groups focused and moving forward • Negotiation and conflict management • Effective organizational navigation • Effective collecting and synthesizing stakeholder feedback PM experience • Large and complex public sector projects, Medicaid at state and federal level • Healthcare policy and delivery • Large and complex IT projects, healthcare in particular • Using the right methods for the given work (waterfall, Lean, Agile) • Able to coach PM skills to others • Able to produce quality documents required for the engagement Good organization skills • Helping us learn how to prioritize the work. • Organize and help us get to outcomes the most efficient way. • Bring organization tools and methods HCA RFP No. 2020HCA6 Page 7 of 41 Keys to success Flexible in approach, and willing to partner with the customer and meet them where they’re at. 2. IT Experience and Knowledge Attribute Narrative Goal & Description HCA has projects that require IT related project experience. Frameworks like Agile, scrum and related tools for leading and coordinating IT projects. In addition, knowledge and understanding related to DevOps, cloud configuration and migration, and overall skills and knowledge to coach in the changing tools and architectures. Org Background HCA has an IT Project Management Office (PMO) within the Enterprise Technology Services Division. The IT-PMO helps prioritize and manage IT projects for the HCA. This PMO is associated with but independent of the PPD/PMO. The agency has too many projects for the IT-PMO alone to manage so we partner with PM vendors to supplement for project management services. Tools HCA has implemented a cloud based PPM tool (Clarizen) to track all its key projects. This is the tool that we expect contracted PMs to use while managing and communicating project schedules, documenting risks and issues, and communicating status. Additionally, IT has been transitioning to the agile type project execution and starting to implement DevOPS as a framework. Lastly, IT has adopted ServiceNow as the ITSM enterprise tool for incident and case management. Significant skills identified by customers Experience with • Emerging IT technology • Cloud migration with Azure and AWS • Office 365 implementation • Large IT system integration projects • Dev-Ops • Navigating and collaborating with Enterprise Architecture (Principles, Standards, Processes) • Business Process Engineering • Standing up IT infrastructure • Office of Chief Information Officer (OCIO) for Washington State Also need to be savvy with the political environment. Keys to success Meet IT staff where they are, help coach and gently guide HCA to mature our frameworks and expertise. 3. People and Organizational Change Management Attribute Narrative Goal & Description HCA expects the PMs to integrate people and organizational change management into their projects. As part of the delivering project results, plans will incorporate a set of change management activities that equips, prepares HCA RFP No. 2020HCA6 Page 8 of 41 and supports individual and/or groups of employees affected by the changes. The goal is to drive and capture the portion of the project benefits that depend on employee adoption and usage of the change. Org Background HCA has a Change Management Office (CMO) within the Planning and Performance Division (PPD/CMO). The purpose of the CMO is to partner, support and help manage assigned projects with activities that support change management to achieve agency goals. The CMO also coaches, teaches, and promotes tools and best practices to agency staff. The CMO and the PMO often work together at project initiation and implementation to ensure change is implemented and adopted with by staff. Tools HCA has adopted the Prosci framework and the ADKAR model for change management. This toolset has licensing requirements as a practitioner. Vendors bidding to provide support services in this area requires a Prosci license to utilize the toolset. Significant skills identified by customers We need a candidate with organizational change management experience, as all of our projects require a large amount of organizational change as we implement new IT solutions that sometimes require process changes. Candidates must have the ability to: • Define change management within the context of your project; • Determine which project benefits are dependent on employee adoption and usage; • Identify impacted employee groups; • Assess readiness for change, risks to adoption and anticipated resistance; • Identify the specific changes and how it affects individuals and groups; • Build support for change management with project teams; • Develop milestones and deliverables (assessments and specific change management plans) needed to support individual and group transitions within the work plan; and Define metrics for measuring the how effectively the impacted individuals adopt and use the change. Keys to success Cultural intelligence, navigation and intuition to understand people needs that will enable project implementations to be successful. 4. Process Improvement- Lean Six Sigma Attribute Narrative Goal & Description HCA has projects that require process improvement skills and experience. HCA desires experience and certification with these tools and techniques as part of managing process analysis and change. Org Background HCA has a Continuous Improvement Office (CIO) within the Planning and Performance Division (PPD/CIO). The purpose of the CIO is to partner, support and help continually improve agency processes and assist HCA Divisions and Teams in solving problems. The CMO also coaches, teaches, and promotes tools and best practices to agency staff. HCA currently hosts a greenbelt program for training agency staff. The CIO and the PMO often work together. Sometimes projects initiated as solutions are identified from a process improvement effort and sometimes process work is needed as part of a bigger project effort. HCA RFP No. 2020HCA6 Page 9 of 41 Tools HCA uses standard lean six sigma techniques and tools for process improvement projects across the agency. Significant skills identified by customers • Understanding of lean principles, tools, and methodologies • Basic experience in process mapping and process improvement • Business Process Engineering • Accepting feedback into work assignments • Creative problem solving • Ability to think outside the box • Able to work with diverse groups • Partner in problem solving and how to move forward • Provide good consultative skills rather than directive guidance • Excellent facilitation skills Keys to success Flexibility to scale and alter tools that meet the situational needs. “Hear” the stakeholders and quickly gain business and cultural understanding to guide progress forward. 5. Experience and Knowledge of the Public Sector, Health Care HHS Attribute Narrative Goal & Description HCA has projects that require knowledge and prior experience within the overall health care ecosystem. For HCA, this means many layers and levels of government ranging from the federal government partners and authorizing environment to the state level and continuing down to the local community partners and local jurisdictions. Health care policy and purchasing at the state level is a complex relationship. The vendor staff we employ should have experience in some or all of these facets in order to understand the context of project assignments. Org Background The Health Care Authority is responsible for state policy and the health insurance purchasing for 2.6 million Washingtonians. This means partnerships upwards to the federal authorizing environment, partnerships with sister agencies like the Department of Health (DOH), the Department of Corrections (DOC), Department of Social and Health Services (DSHS) and Labor and Industries (L&I). Health care is a complex ecosystem and projects often have cross agency impacts and dependencies. In addition, as a state agency, funding is often tied to the legislative review, approvals and mandates both at the state and federal levels. Tools Legislative Process – State legislative funding and directives. Advanced Planning Documents (APD) – Federal funding approvals. Partnerships and Collaborative – Boards designed that involve wide community involvement. Significant skills identified by customers • Medicaid o Medicaid knowledge o HHS and Medicaid PM experience. o Knowledge of Medicaid. o General knowledge of Federal Medicaid • Systems Certification • Funding – Advanced Planning Document (APD) • Research - “How did another state implement that?” • 7 standards and conditions • Medicaid Enterprise Certification Toolkit (MECT) • Medicaid Eligibility and Enrollment Toolkit (MEET) o Experience with government and Medicaid HCA RFP No. 2020HCA6 Page 10 of 41 • Healthcare o Health policy expertise. (knowledge of HCA circumstance) o Knowledge of healthcare industry and technologies is a must • Government/HHS o Knowledge of how state government works, especially legislative process and HHS coalition. o Knowledgeable about HCA work without a large onboarding investment every time. o Knowledge of governance structure of federal, State, local. o Multi-Agency Collaboration – multiagency facilitation like Health Human Services coalition (HHS). More of this kind of work is coming. o Understands Washington State Government (vocabulary) o Knowledge in HHS framework – public health background. o General knowledge of State government o Legislative process – especially budget • Behavioral Health o Division of Behavior Health and Recovery (DBHR) – Community services to very technical clinical o DBHR customer services – who we serve o Behavior Health knowledge in general • Understanding National trends but finding State specific needs • Grants knowledge • Understanding the contracting process and timing of work. • Some knowledge of oversight processes like HHS coalition, Centers for Medicare and Medicaid Services (CMS) and the Washington State Legislature • Familiarity or awareness of OCIO project oversight requirements Keys to success Knowledge of the HCA environment, relationships, constraints, process, timing, and be general politically savvy. 6. Soft Skills Attribute Narrative Goal & Description Many vendor staff have good technical skills. In addition to technical skills, HCA is also looking for vendors whose staff have excellent soft skills as they perform their tasks with HCA staff. People will often remember more about how they were treated than what was accomplished, and HCA desires both. Tools HCA employs many soft skills tools taught by Prosci, PMI, Lean and other teaching institutions. We desire to see what training and experience the vendor staff bring as part of their proposals. Significant skills identified by customers • Flexible o Rigor and clear process, but flexible as situation requires. o Adaptable to changing circumstances • Active Listening - Meet staff where they are. • Excellent communication skills both written and verbal • Cultural sensitivity and awareness of HCA and oversight environment • Social and emotional intelligence – Politically sensitive projects • Willing to get to know us, and be a good partner toward success. • Be a trusted advisor as part of the role. • Advocate for good choices and alternatives HCA RFP No. 2020HCA6 Page 11 of 41 • Ability to think outside the box • Not forcing paradigms – being open to where we are • Ability to create options • Humble confidence • Empower staff to make decisions • Able to build trust with people here at HCA • Not just the methods and process, meeting customer in their culture and style • Quickly and effectively identify gaps and move forward • Able to jump in and get going Keys to success People over process, trust builders, and partners in success. Project Examples: Examples of business projects both past and upcoming to demonstrate the type of projects within HCA. Project Examples Program Centric Systems Focused Larger Full time PM, large impact, high risk • Statewide implementation of a new portal offering and integration of K- 12 school employees’ health benefits managed within the HCA in addition to the existing portfolio of covered staff. • Privacy implementation of consent management for sensitive data based on CMS rule 42 CFR part 2. • Implementation of a new program with legislative proviso involving three state agencies. • Multi-agency collaboration for a state agency coalition to coordinate health and human services. • Implementation of new Medicaid programs that impact computer systems, involve advisory panels, decision-making bodies, marketing and program guidance. • School Employees Benefits Board (SEBB) systems implementation supporting the statewide program implementation. • Supporting the systems migration to AWS. • Office 365 implementation across HCA. • A master person index (MPI) implementation for uniquely identifying clients for services. • Agency wide fraud and abuse detection system implementation. • Washington State Medicaid management and Information System (ProviderOne) module replacement planning and implementation. Project coordination and implementation between multiple agency systems Smaller Part time PM, Smaller impact and/or longer runway, Lower risk • Facilitation/project help with a new Universal healthcare workgroup. • Facilitation of a state proviso work group to develop recommendations on problem gambling. Consists of large stakeholder group meeting every other month for 14 months. • Coordination cloud migration to Azure and AWS. • Business process review and recommendations of process improvements using various systems HCA RFP No. 2020HCA6 Page 12 of 41 OTHER RELEVANT INFORMATION Work Order Process Upon executed Contract(s) with selected vendor(s), HCA will issue work projects in the form of a Work Order (WO) under the awarded Contract with the vendor(s). In coordination with the selected vendor(s) HCA will establish a work order request and a vendor response template for all WOs. The vendor(s) and HCA will agree upon timeframes and responsibilities as they relate to the establishing new WOs. WOs will consist of a SOW, deliverables, timeframes, and effort/cost related to the work, and must be signed by authorized representatives of each party prior to work commencing. Decision Making Framework: Each work order will have an identified work order sponsor and executive sponsor for providing status updates, check-ins and setting direction. The sponsor and executive sponsor will be responsible to resolve issues, address risks or delays related to the work order deliverables, and approve receipt of deliverables for payment. Project Roles and Responsibilities - Expected Project Role Accountable Individual Role Description Work Order Sponsor(s) Executive Leadership Team (ELT) member / Division • Ensure alignment of requested work to HCA’s mission, vision, and strategic goals. • Facilitate timely decisions as the approval authority • Eliminate/minimize barriers • Set direction for strategy and tactic • Receiver/Sender of executive messaging • Reviews and approves invoices Business Lead HCA Functional Manager • Allocates and coordinates HCA resources availability • Reviews and assists with reporting • Reviews deliverables and invoices (may be delegated to approve) • Responsible for providing administrative support for meeting scheduling. Vendor Staff Member Vendor Role (See Exhibit D: Contractor Roles and Responsibilities) Contract Manager Brian Coolidge – PPD/PMO • Point of contact for all work orders (submitted from HCA) • Receives and coordinates all vendor responses for new work orders. • Reviews all invoices • Coordinates business approval and payment of invoices. • Cultural and organizational coach for the vendor Tools Landscape HCA RFP No. 2020HCA6 Page 13 of 41 HCA Tools and templates: • HCA has a Project Management Office that has a library of tools and templates. If the template exists for managing project work, it will be the standard used. If the template does not exist, the vendor will check in with PMO on vendor templates. • HCA has a project management tool, Clarizen, which is the standard for managing initiatives, projects and operational activities across the agency. • HCA has a communications division with tools and templates. If the template exists, it will be the standard used. If the template does not exist, the vendor will check in with communications on proposed vendor templates. • HCA has a Continuous Improvement library of tools and formal training program. If the template exists, it will be the standard used. If the template does not exist, the vendor will check in with communications on proposed vendor templates. • HCA has adopted the Prosci ADKAR framework for change management projects. The Prosci tools and templates are the agency standard. • HCA uses Microsoft suite as the standard office suite. • SharePoint 2013 is the current collaboration tool for shared repositories for work efforts. • Power BI is the tool used to collect and visualize the performance management measures and dashboard. • Meeting scheduling and access to SharePoint and other agency information requires an HCA email account and data access request. MINIMUM QUALIFICATIONS Minimum qualifications for Bidders organization: Five (5) years’ experience successfully managing large complex projects involving multiple business/program partners, cross agency/enterprise wide. Five (5) years’ experience in the health care industry, with one or more relevant project(s). Five (5) years’ experience on one (1) or more project(s) with government partners (Municipal, county, state, federal, etc.). Minimum qualifications for proposed staff: Five (5) years’ experience successfully managing large complex projects involving multiple business/program partners, cross agency/enterprise wide. Five (5) years’ experience in the health care industry, with one or more relevant project(s). Five (5) years’ experience on one or more project(s) with government partners (Municipal, county, state, federal, etc.) All staff that would perform as project managers as described in Exhibit D: Contractor Roles and Responsibilities, are to be PMP certified. Desired qualifications and experience for Bidders organization and staff: Prosci, Inc. Change Management certified practitioner, or like tools used. Continuous Process Improvement or Problem Solving certification. Prior experience using the PPM tool called Clarizen, or like PPM tools used. Significant experience in working with a health purchasing state agency on large complex initiatives or projects. Significant experience leading projects with state-level agency and program changes, including mergers, acquisitions, creation and restructures. Significant experience collecting and managing requirements, and certified with a professional Business Analysis program. Significant experience managing IT related projects. HCA RFP No. 2020HCA6 Page 14 of 41 FUNDING HCA has no budgeted an amount for this project. The projects come as-needed and each Work Order is funded individually. HCA desires that vendors bid on the hourly rates for each of the 4 roles defined in Exhibit D: Contractor Roles and Responsibilities. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT If the resulting contract is supported by federal funds, such contract may require compliance with the Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how federal funds are spent. To comply with the act and be eligible to enter into this contract, the Apparent Successful Bidder’s organization must have a Data Universal Numbering System (DUNS®) number. A DUNS® number provides a method to verify data about your organization. If the organization does not already have one, it may receive a DUNS® number free of charge by contacting Dun and Bradstreet at www.dnb.com. The Apparent Successful Bidder may be required to complete a Federal Funding Accountability and Transparency Act (FFATA) Data Collection Form which must be returned with the signed contract. If applicable, the contract will not be executed until this form has been properly completed, executed, and received by the agency. Required information about the contracting organization and this contract will be made available on USASpending.gov by the Washington State Health Care Authority as required by P.L. 109-282. As a tool to provide the information, HCA encourages registration with the Central Contractor Registry (CCR) because less data entry and re-entry is required on behalf of both HCA and the contracting organization. Registration can be done with CCR online at https://www.uscontractorregistration.com/. PERIOD OF PERFORMANCE The period of performance of any contract resulting from this RFP is tentatively scheduled to begin on or about 6/1/2020 and to end on 6/30/2022. Amendments extending the period of performance, if any, will be at the sole discretion of HCA. HCA reserves the right to extend the contract for two (2) year periods up to four (4) renewals. CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. Bidders should familiarize themselves with the requirements prior to submitting a proposal that includes current or former state employees. DEFINITIONS Definitions for the purposes of this RFP include: Apparent Successful Bidder (ASB) – The Bidder selected as the entity to perform the anticipated services under this RFP, subject to completion of contract negotiations and execution of a written contract. Bidder – Individual or company interested in the RFP that submits a proposal in order to attain a contract with the Health Care Authority. http://www.dnb.com/ https://www.uscontractorregistration.com/ HCA RFP No. 2020HCA6 Page 15 of 41 Health Care Authority or HCA –an executive agency of the state of Washington that is issuing this RFP. Proposal – A formal offer submitted in response to this solicitation. Request for Proposals (RFP) – Formal procurement document in which a service or need is identified but no specific method to achieve it has been chosen. The purpose of an RFP is to permit the bidder community to suggest various approaches to meet the need at a given price. Work Order (WO) - Established SOW, deliverables, timeframes, and effort/Cost related to the work which must be signed by authorized representatives of each party prior to work commencing. ADA HCA complies with the Americans with Disabilities Act (ADA). Bidders may contact the RFP Coordinator to receive this RFP in Braille or on tape. HCA RFP No. 2020HCA6 Page 16 of 41 2. GENERAL INFORMATION FOR BIDDERS RFP COORDINATOR The RFP Coordinator is the sole point of contact in HCA for this procurement. All communication between the Bidder and HCA upon release of this RFP must be with the RFP Coordinator, as follows: Name Lyudmila Kozlova E-Mail Address HCAProcurements@hca.wa.gov Phone Number (360)725-1930 Any other communication will be considered unofficial and non-binding on HCA. Bidders are to rely on written statements issued by the RFP Coordinator. Communication directed to parties other than the RFP Coordinator may result in disqualification of the Bidder. ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES Issue Request for Proposals 3/2/2020 Questions Due 3/10/2020- 2:00 PM Answers Posted 3/17/2020 Proposals Due 3/30/2020- 2:00 PM Evaluate Proposals 4/3/2020-4/17/2020 Determine Finalists to move forward to Oral Interviews and send notifications via email. Notify the unsuccessful Bidders via email 4/22/2020 Schedule Oral Interviews with Finalists 4/24/2020 Conduct Oral Interviews with Finalists 5/4/2020-5/12/2020 Announce “Apparent Successful Bidder(s) ” and send notification via e-mail to unsuccessful Bidders 5/14/2020 Bidders to request Debriefing by 5/19/2020 Hold Debriefing Conferences (if requested) 5/20/2020-5/22/2020 Negotiate Contract 5/14/2020-5/28/2020 Begin Contract Work 6/1/2020 or DOE HCA reserves the right in its sole discretion to revise the above schedule. SUBMISSION OF PROPOSALS ELECTRONIC PROPOSALS: The proposal must be received by the RFP Coordinator no later than the Proposal Due deadline in Section 2.2, Estimated Schedule of Procurement. Proposals must be submitted electronically as an attachment to an e-mail to the RFP Coordinator at the e-mail address listed in Section 2.1. Attachments to e-mail should be in Microsoft Word format or PDF. Zipped files cannot be received by HCA and cannot be used for submission of proposals. The cover submittal letter and the Certifications and Assurances form must have a scanned signature of the individual within the organization authorized to bind the Bidder to the offer. HCA does not assume responsibility for problems with Bidder’s e-mail. If HCA e-mail is not working, appropriate allowances will be made. mailto:HCAProcurements@hca.wa.gov HCA RFP No. 2020HCA6 Page 17 of 41 Proposals may not be transmitted using facsimile transmission. Bidders should allow sufficient time to ensure timely receipt of the proposal by the RFP Coordinator. Late proposals will not be accepted and will be automatically disqualified from further consideration, unless HCA e-mail is found to be at fault. All proposals and any accompanying documentation become the property of HCA and will not be returned. PROPRIETARY INFORMATION / PUBLIC DISCLOSURE Proposals submitted in response to this RFP will become the property of HCA. All proposals received will remain confidential until the Apparent Successful Bidder is announced; thereafter, the proposals will be deemed public records as defined in chapter 42.56 of the Revised Code of Washington (RCW). Any information in the proposal that the Bidder desires to claim as proprietary and exempt from disclosure under chapter 42.56 RCW, or other state or federal law that provides for the nondisclosure of a document, must be clearly designated. The information must be clearly identified and the particular exemption from disclosure upon which the Bidder is making the claim must be cited. Each page containing the information claimed to be exempt from disclosure must be clearly identified by the words “Proprietary Information” printed on the lower right hand corner of the page. Marking the entire proposal exempt from disclosure or as Proprietary Information will not be honored. If a public records request is made for the information that the Bidder has marked as “Proprietary Information,” HCA will notify the Bidder of the request and of the date that the records will be released to the requester unless the Bidder obtains a court order enjoining that disclosure. If the Bidder fails to obtain the court order enjoining disclosure, HCA will release the requested information on the date specified. If a Bidder obtains a court order from a court of competent jurisdiction enjoining disclosure pursuant to chapter 42.56 RCW, or other state or federal law that provides for nondisclosure, HCA will maintain the confidentiality of the Bidder’s information per the court order. A charge will be made for copying and shipping, as outlined in RCW 42.56. No fee will be charged for inspection of contract files, but 24 hours’ notice to the RFP Coordinator is required. All requests for information should be directed to the RFP Coordinator. The submission of any public records request to HCA pertaining in any way to this RFP will not affect the procurement schedule, as outlined in Section 2.2, unless HCA, in its sole discretion, determines that altering the schedule would be in HCA’s best interests. REVISIONS TO THE RFP If HCA determines in its sole discretion that it is necessary to revise any part of this RFP, then HCA will provide addenda via e-mail to all individuals who have made the RFP Coordinator aware of their interest. Addenda will also be published on Washington’s Electronic Bid System (WEBS), at https://fortress.wa.gov/ga/webs/. For this purpose, the published questions and answers and any other pertinent information will be provided as an addendum to the RFP and will be placed on the website. HCA also reserves the right to cancel or to reissue the RFP in whole or in part, prior to execution of a contract. DIVERSE BUSINESS INCLUSION PLAN Bidders will be required to submit a Diverse Business Inclusion Plan with their proposal. In accordance with legislative findings and policies set forth in RCW 39.19, the state of Washington encourages participation in all contracts by firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE), set forth in RCW 43.60A.200 for firms certified by the Washington https://fortress.wa.gov/ga/webs/ HCA RFP No. 2020HCA6 Page 18 of 41 State Department of Veterans Affairs, and set forth in RCW 39.26.005 for firms that are Washington Small Businesses. Participation may be either on a direct basis or on a subcontractor basis. However, no preference on the basis of participation is included in the evaluation of Diverse Business Inclusion Plans submitted, and no minimum level of minority- and women-owned business enterprise, Washington Small Business, or Washington State certified Veteran Business participation is required as a condition for receiving an award. Any affirmative action requirements set forth in any federal governmental regulations included or referenced in the contract documents will apply. ACCEPTANCE PERIOD Proposals must provide one hundred twenty (120) calendar days for acceptance by HCA from the due date for receipt of proposals. COMPLAINT PROCESS Vendors may submit a complaint to HCA based on any of the following: The RFP unnecessarily restricts competition; The RFP evaluation or scoring process is unfair or unclear; or The RFP requirements are inadequate or insufficient to prepare a response. A complaint must be submitted to HCA prior to five business days before the bid response deadline. The complaint must: Be in writing; Be sent to the RFP Coordinator in a timely manner; Clearly articulate the basis for the complaint; and Include a proposed remedy. The RFP Coordinator will respond to the complaint in writing. The response to the complaint and any changes to the RFP will be posted on WEBS. The Director of HCA will be notified of all complaints and will be provided a copy of HCA’s response. A Bidder or potential Bidder cannot raise during a bid protest any issue that the Bidder or potential Bidder raised in a complaint. HCA’s action or inaction in response to a complaint will be final. There will be no appeal process. RESPONSIVENESS The RFP Coordinator will review all proposals to determine compliance with administrative requirements and instructions specified in this RFP. A Bidder’s failure to comply with any part of the RFP may result in rejection of the proposal as non-responsive. HCA also reserves the right at its sole discretion to waive minor administrative irregularities. MOST FAVORABLE TERMS HCA reserves the right to make an award without further discussion of the proposal submitted. Therefore, the proposal should be submitted initially on the most favorable terms which the Bidder can propose. HCA reserve the right to contact a Bidder for clarification of its proposal. HCA RFP No. 2020HCA6 Page 19 of 41 HCA also reserves the right to use a Best and Final Offer (BAFO) before awarding any contract to further assist in determining the ASB(s). The ASB should be prepared to accept this RFP for incorporation into a contract resulting from this RFP. The contract resulting from this RFP will incorporate some, or all, of the Bidder’s proposal. The proposal will become a part of the official procurement file on this matter without obligation to HCA. CONTRACT AND GENERAL TERMS & CONDITIONS The ASB(s) will be expected to enter into a contract which is substantially the same as the sample contract and its general terms and conditions attached as Exhibit G. HCA will not accept any draft contracts prepared by any Bidder. The Bidder may submit exceptions as allowed in the Certifications and Assurances form, Exhibit A to this RFP. All exceptions must be submitted as an attachment to Exhibit A. HCA will review requested exceptions and accept or reject the same at its sole discretion. If, after the announcement of the ASB(s), and after a reasonable period of time, the ASB(s) and HCA cannot reach agreement on acceptable terms for the Contract, the HCA may cancel the selection and Award the Contract to the next most qualified Bidder. COSTS TO PROPOSE HCA will not be liable for any costs incurred by the Bidder in preparation of a proposal submitted in response to this RFP, in conduct of a presentation, or any other activities related in any way to this RFP. RECEIPT OF INSUFFICIENT NUMBER OF PROPOSALS If HCA receives only one responsive proposal as a result of this RFP, HCA reserves the right to either: 1) directly negotiate and contract with the Bidder; or 2) not award any contract at all. HCA may continue to have the bidder complete the entire RFP. HCA is under no obligation to tell the Bidder if it is the only Bidder. NO OBLIGATION TO CONTRACT This RFP does not obligate HCA to enter into any contract for services specified herein. REJECTION OF PROPOSALS HCA reserves the right, at its sole discretion, to reject any and all proposals received without penalty and not to issue any contract as a result of this RFP. COMMITMENT OF FUNDS The Director of HCA or his/her delegate is the only individual who may legally commit HCA to the expenditures of funds for a contract resulting from this RFP. No cost chargeable to the proposed contract may be incurred before receipt of a fully executed contract. ELECTRONIC PAYMENT The state of Washington prefers to utilize electronic payment in its transactions. The ASB will be provided a form to complete with the contract to authorize such payment method. INSURANCE COVERAGE HCA RFP No. 2020HCA6 Page 20 of 41 As a requirement of the resultant contract, the ASB is to furnish HCA with a certificate(s) of insurance executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth below. The ASB must, at its own expense, obtain and keep in force insurance coverage which will be maintained in full force and effect during the term of the contract. The ASB must furnish evidence in the form of a Certificate of Insurance that insurance will be provided, and a copy must be forwarded to HCA within 15 days of the contract effective date. Liability Insurance Commercial General Liability Insurance: ASB will maintain commercial general liability (CGL) insurance and, if necessary, commercial umbrella insurance, with a limit of not less than $1,000,000 per each occurrence. If CGL insurance contains aggregate limits, the General Aggregate limit must be at least twice the “each occurrence” limit. CGL insurance must have products-completed operations aggregate limit of at least two times the “each occurrence” limit. CGL insurance must be written on ISO occurrence from CG 00 01 (or a substitute form providing equivalent coverage). All insurance must cover liability assumed under an insured contract (including the tort liability of another assumed in a business contract), and contain separation of insureds (cross liability) condition. Additionally, the ASB is responsible for ensuring that any subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. Business Auto Policy: As applicable, the ASB will maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit not less than $1,000,000 per accident. Such insurance must cover liability arising out of “Any Auto.” Business auto coverage must be written on ISO form CA 00 01, 1990 or later edition, or substitute liability form providing equivalent coverage. Employers Liability (“Stop Gap”) Insurance In addition, the ASB will buy employers liability insurance and, if necessary, commercial umbrella liability insurance with limits not less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease. Cyber-Liability Insurance / Privacy Breach Coverage. For the purposes of this section the following definitions apply: Breach – means the unauthorized acquisition, access, use, or disclosure of Data shared under any resulting Contract that compromises the security, confidentiality, or integrity of the Data. Confidential Information – is information that is exempt from disclosure to public or other unauthorized persons under 42.56 RCW or other federal or state laws. Confidential Information includes, but is not limited to, Personal Information and Protected Health Information. Data – means information that is disclosed or exchanged between HCA and Apparent Successful Bidder. Data includes Confidential Information. Personal Information – means information identifiable to any person, including but not limited to, information that relates to a person’s name, health, finances, education, business, use, or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver’s license numbers, credit card numbers, any other identifying numbers, and any financial identifiers. HCA RFP No. 2020HCA6 Page 21 of 41 Protected Health Information (PHI) – means information that relates to the provision of health care to an individual, the past, present, or future physical or mental health or condition of an individual, the past, present, or future payment for provision of health care to an individual. PHI includes demographic information that identifies the individual or about which there is reasonable basis to believe, can be used to identify the individual. PHI is information transmitted, maintained, or stored in any form or medium. PHI does not include education records covered by the Family Educational Right and Privacy Act, as amended. For the term of any resulting Contract and three (3) years following its termination or expiration, ASB must maintain insurance to cover costs incurred in connection with a security incident, privacy Breach, or potential compromise of Data, including: Computer forensics assistance to assess the impact of a Data Breach, determine root cause, and help determine whether and the extent to which notification must be provided to comply with Breach notification laws; Notification and call center services for individuals affected by a security incident, or privacy Breach; Breach resolution and mitigation services for individuals affected by a security incident or privacy Breach, including fraud prevention, credit monitoring, and identity theft assistance; and Regulatory defense, fines, and penalties from any claim in the form of a regulatory proceeding resulting from a violation of any applicable privacy or security law(s) or regulation(s). Additional Provisions Above insurance policy must include the following provisions: Additional Insured. The state of Washington, HCA, its elected and appointed officials, agents and employees must be named as an additional insured on all general liability, excess, umbrella and property insurance policies. All insurance provided in compliance with this contract must be primary as to any other insurance or self- insurance programs afforded to or maintained by the state. Cancellation. State of Washington, HCA, must be provided written notice before cancellation or non-renewal of any insurance referred to therein, in accord with the following specifications. Insurers subject to 48.18 RCW (Admitted and Regulation by the Insurance Commissioner): The insurer must give the state 45 days advance notice of cancellation or non-renewal. If cancellation is due to non-payment of premium, the state must be given ten days advance notice of cancellation. Insurers subject to 48.15 RCW (Surplus lines): The state must be given 20 days advance notice of cancellation. If cancellation is due to non-payment of premium, the state must be given ten days advance notice of cancellation. Identification. Policy must reference the state’s contract number and the Health Care Authority. Insurance Carrier Rating. All insurance and bonds should be issued by companies admitted to do business within the state of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best’s Reports. Any exception must be reviewed and approved by the Health Care Authority Risk Manager, or the Risk Manager for the state of Washington, before the contract is accepted or work may begin. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with chapter 48.15 RCW and 284-15 WAC. HCA RFP No. 2020HCA6 Page 22 of 41 Excess Coverage. By requiring insurance herein, the state does not represent that coverage and limits will be adequate to protect ASB, and such coverage and limits will not limit ASB’s liability under the indemnities and reimbursements granted to the state in this Contract. Workers’ Compensation Coverage The ASB will at all times comply with all applicable workers’ compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable. The state will not be held responsive in any way for claims filed by the ASB or their employees for services performed under the terms of this contract. HCA RFP No. 2020HCA6 Page 23 of 41 3. PROPOSAL CONTENTS ELECTRONIC PROPOSALS: Proposals must be written in English and submitted electronically to the RFP Coordinator in the order noted below: A. Letter of Submittal, including signed Certifications and Assurances (Exhibit A to this RFP) B. Technical Proposal C. Management Proposal, including completed Organizational Matrix (Exhibit E to this RFP) and completed Staff Matrix (Exhibit F to this RFP) D. Cost Proposal E. Diverse Business Inclusion Plan (Exhibit B to this RFP) F. Executive Order 18-03 (Exhibit C to this RFP) Proposals must provide information in the same order as presented in this document with the same headings. Items marked “mandatory” must be included as part of the proposal for the proposal to be considered responsive; however, these items are not scored. Items marked “scored” are those that are awarded points as part of the evaluation conducted by the evaluation team. LETTER OF SUBMITTAL (MANDATORY) The Letter of Submittal and the attached Certifications and Assurances form (Exhibit A to this RFP) must be signed and dated by a person authorized to legally bind the Bidder to a contractual relationship, e.g., the President or Executive Director if a corporation, the managing partner if a partnership, or the proprietor if a sole proprietorship. Along with introductory remarks, the Letter of Submittal is to include by attachment the following information about the Bidder and any proposed subcontractors: Name, address, principal place of business, telephone number, and fax number/e-mail address of legal entity or individual with whom contract would be written. Name, address, and telephone number of each principal officer (President, Vice President, Treasurer, Chairperson of the Board of Directors, etc.). Legal status of the Bidder (sole proprietorship, partnership, corporation, etc.) and the year the entity was organized to do business as the entity now substantially exists. Federal Employer Tax Identification number or Social Security number and the Washington Uniform Business Identification (UBI) number issued by the state of Washington Department of Revenue. If the Bidder does not have a UBI number, the Bidder must state that it will become licensed in Washington within 30 calendar days of being selected as the Apparent Successful Bidder. Location of the facility from which the Bidder would operate. Identify any state employees or former state employees employed or on the firm’s governing board as of the date of the proposal. Include their position and responsibilities within the Bidder’s organization. If following a review of this information, it is determined by HCA that a conflict of interest exists, the Bidder may be disqualified from further consideration for the award of a contract. Any information in the proposal that the Bidder desires to claim as proprietary and exempt from disclosure under the provisions of RCW 42.56 must be clearly designated. The page HCA RFP No. 2020HCA6 Page 24 of 41 must be identified and the particular exemption from disclosure upon which the Bidder is making the claim must be listed. Each page claimed to be exempt from disclosure must be clearly identified by the word “Proprietary” printed on the lower right hand corner of the page. In your Letter of Submittal, please list which pages and sections that have been marked “Proprietary” and the particular exemption from disclosure upon which the Bidder is making the claim. TECHNICAL PROPOSAL (SCORED) The Technical Proposal must contain a comprehensive description of services including the following elements: Explain how the Bidder would build capacity within the HCA qualification requirements if the volume of Work Orders increases beyond the initial staffing submitted? Explain in detail the Bidder’s strategy for hiring staff, and explain the difference between the Bidders hiring method between employees vs. 1099 staff. Describe your staff turnover rate, the efforts set forth to retain staff, and explain the longevity of working staff. Describe the Bidders unique skills and attributes that sets the Bidder apart from other vendors who provide the services as specified within the RFP. Describe the Bidders ability to provide staff that are available for and assessable to be on HCA premises up to five (5) days a week. HCA has a need for part time work assignments, such as workgroup facilitation 1-2 times a month, or PM assistance for projects that need less than ½ time of an FTE. Explain how the Bidder would be able to meet HCA’s needs and expectations in these part time scenarios. MANAGEMENT PROPOSAL Project Team Structure/Internal Controls (SCORED) – Provide a description of the proposed project team structure and internal controls to be used during the course of the project, including any subcontractors. Provide an organizational chart of your firm indicating lines of authority for personnel involved in performance of this potential contract and relationships of this staff to other programs or functions of the firm. This chart must also show lines of authority to the next senior level of management. Include who within the firm will have prime responsibility and final authority for the work. Experience of the Bidder (SCORED) - Indicate the experience the Bidder, the organization as a whole, has in the following areas associated with: Complete Exhibit E: Organizational Matrix to describe the organizational experience. Include time frames and outcomes achieved for each experience listed. Also specify the overall years of experience in the categories listed. This matrix will help communicate to HCA of the Bidders organizations history and experience in the areas HCA is asking for support (Limit response to 8 pages or less). Staff Experience, Qualifications and Certifications (SCORED) Provide a detailed resume for each staff person (4 pages or less) for each submitted for this contract, including subcontractors, if applicable. Include time frames and outcomes achieved for each work experience listed. Also specify the overall years of experience in the categories listed. This will be the evidence HCA uses to score the HCA RFP No. 2020HCA6 Page 25 of 41 individual experience and certifications. The Bidder must commit that staff identified in its proposal will actually perform the assigned work. Any staff substitution must have the prior approval of HCA. Provide evidence of certifications (electronic copies and/or certification numbers that can be validated), or attestation that the required certifications will be obtained within 30 days of the execution of the Contract. Complete Exhibit F: Staff Matrix which describes for HCA, using ‘X’s for each box, which staff are Key staff and which have the required certifications and experience. Related Information (MANDATORY) If the Bidder or any subcontractor contracted with the state of Washington during the past 24 months, indicate the name of the agency, the contract number, and project description and/or other information available to identify the contract. If the Bidder’s staff or subcontractor’s staff was an employee of the state of Washington during the past 24 months, or is currently a Washington State employee, identify the individual by name, the agency previously or currently employed by, job title or position held, and separation date. If the Bidder has had a contract terminated for default in the last five years, describe such incident. Termination for default is defined as notice to stop performance due to the Bidder’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Bidder, or (b) litigated and such litigation determined that the Bidder was in default. Submit full details of the terms for default including the other party’s name, address, and phone number. Present the Bidder’s position on the matter. HCA will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of the past experience. If no such termination for default has been experienced by the Bidder in the past five years, so indicate. References (MANDATORY) List names, addresses, telephone numbers, and fax numbers/e- mail addresses of three business references for the Bidder and three business references for the lead staff person for whom work has been accomplished and briefly describe the type of service provided. Do not include current HCA staff as references. By submitting a proposal in response to this RFP, the vendor and team members grant permission to HCA to contact these references and others, who from HCA’s perspective, may have pertinent information. HCA may or may not, at HCA’s discretion, contact references. HCA may evaluate references at HCA’s discretion. OMWBE Certification (OPTIONAL AND NOT SCORED) Include proof of certification issued by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) if certified minority-owned firm and/or women- owned firm(s) will be participating on this project. For information: http://www.omwbe.wa.gov. EXECUTIVE ORDER 18-03 (SCORED) Pursuant to RCW 39.26.160(3) and consistent with Executive Order 18-03 – Supporting Workers’ Rights to Effectively Address Workplace Violations (dated June 12, 2018), HCA will evaluate bids for best value and provide a bid preference in the amount of 5 points to any Bidder who certifies, pursuant to the certification attached as Exhibit C, that their firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waiver. Bidders that do require their employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waiver will not be disqualified evaluation of this RFP, however they will receive 0 out of 5 points for this section. http://www.omwbe.wa.gov/ HCA RFP No. 2020HCA6 Page 26 of 41 COST PROPOSAL The evaluation process is designed to award this procurement not necessarily to the Bidder of least cost, but rather to the Bidder whose proposal best meets the requirements of this RFP. However, Bidders are encouraged to submit proposals which are consistent with state government efforts to conserve state resources. Identification of Costs (SCORED) Identify an hourly rate(s) to be charged per each role as identified in Exhibit D: Contractor Roles and Responsibilities, to perform the services as described in the RFP. The hourly rate(s) should be inclusive of all costs of performing the work. Bidders are required to collect and pay Washington state sales and use taxes, as applicable. Costs for subcontractors are to be broken out separately. Please note if any subcontractors are certified by the Office of Minority and Women’s Business Enterprises. Computation The score for the cost proposal will be computed by the average of the hourly rates received for the four (4) identified roles in Exhibit D, and will be divided into the lowest bidder average rate. The resulting number will be multiplied by the maximum possible points for the cost section. The Bidder with the lowest average rate will automatically receive full points for the cost section. HCA RFP No. 2020HCA6 Page 27 of 41 4. EVALUATION AND CONTRACT AWARD EVALUATION PROCEDURE Responsive Proposals will be evaluated strictly in accordance with the requirements stated in this RFP and any addenda issued. The evaluation of proposals will be accomplished by an evaluation team(s), to be designated by HCA, which will determine the ranking of the proposals. The evaluation team may meet to discuss the proposals. Evaluations will only be based upon information provided in the Bidder’s Proposal. All proposals received by the stated deadline, Section 2.2, Estimated Schedule of Procurement Activities, will be reviewed by the RFP Coordinator to ensure that the Proposals contain all of the required information requested in the RFP. Only responsive Proposals that meet the requirements will be evaluated by the evaluation team. Any Bidder who does not meet the stated qualifications or any Proposal that does not contain all of the required information will be rejected as non-responsive. The RFP Coordinator may, at his or her sole discretion, contact the Bidder for clarification of any portion of the Bidder’s Proposal. Bidders should take every precaution to ensure that all answers are clear, complete, and directly address the specific requirement. Responsive Proposals will be reviewed and scored by an evaluation team using a weighted scoring system, Section 4.2, Evaluation Weighting and Scoring. Proposals will be evaluated strictly in accordance with the requirements set forth in this RFP and any addenda issued. HCA will then select the top-scoring firms as finalists for oral presentations. EVALUATION WEIGHTING AND SCORING The following weighting and points will be assigned to the proposal for evaluation purposes: Technical Proposal – 22.5% 45 points 3.2.1 Bidders ability to build capacity 5 points (maximum) 3.2.2 Bidders hiring strategy and method 5 points (maximum) 3.2.3 Staff turnover and staff retaining 5 points (maximum) 3.2.4 Bidders uniqueness in the field 5 points (maximum) 3.2.5 Staffs availability and accessibility 10 points (maximum) 3.2.6 Ability to meet PT assignment needs 15 points (maximum) Management Proposal – 60% 120 points Project Team Structure/ Internal Controls 20 points (maximum) Experience of the Bidder- 50 points (maximum) (Exhibit E: Organizational Matrix) Staff Experience, Qualifications & Certification- 50 points (maximum) (Exhibit F: Staff Matrix) Cost Proposal – 15% 30 points Executive Order 18-03 – 2.5% 5 points ___________________ TOTAL 200 POINTS HCA reserves the right to award the contract to the Bidder whose proposal is deemed to be in the best interest of HCA and the state of Washington. HCA RFP No. 2020HCA6 Page 28 of 41 ORAL PRESENTATIONS After evaluating the written proposals HCA will elect to schedule oral presentations of the top-scored Bidders. HCA will contact the top-scoring firm(s) from the written evaluation to schedule a date, time, and location. Commitments made by the Bidder at the oral interview, if any, will be considered binding. The Bidders proposed staff in the Proposal will be required to participate in the oral presentations. HCA highly encourages the staff to be physically present, or at minimum be present via Skype. The scores from the written proposals and the oral presentations will be combined together to determine the Apparent Successful Bidder(s). SUBSTANTIALLY EQUIVALENT SCORES Substantially equivalent scores are scores separated by two percent or less in total points. If multiple Proposals receive a Substantially Equivalent Score, HCA may leave the matter as scored, or select as the ASB the one Proposal that is deemed by HCA, in its sole discretion, to be in HCA’s best interest relative to the overall purpose and objective as stated in Sections 1.1 and 1.2 of this RFP. If applicable, HCA’s best interest will be determined by HCA managers and executive officers, who have sole discretion over this determination. The basis for such determination will be communicated in writing to all Bidders with equivalent scores. NOTIFICATION TO BIDDERS HCA will notify the ASB of their selection in writing upon completion of the evaluation process. Bidders whose proposals were not selected for further negotiation or award will be notified separately by e-mail. DEBRIEFING OF UNSUCCESSFUL BIDDERS Any Bidder who has submitted a Proposal and been notified it was not selected for contract award may request a debriefing. The request for a debriefing conference must be received by the RFP Coordinator no later than 5:00 p.m., local time, in Olympia, Washington, within three business days after the Unsuccessful Bidder Notification is e-mailed to the Bidder. The debriefing will be held within three business days of the request, or as schedules allow. Discussion at the debriefing conference will be limited to the following: Evaluation and scoring of the Bidder’s Proposal; Critique of the Proposal based on the evaluation; and Review of the Bidder’s final score in comparison with other final scores without identifying the other Bidders. Topics a Bidder could have raised as part of the complaint process (Section 2.10) cannot be discussed as part of the debriefing conference, even if the Bidder did not submit a complaint. Comparisons between proposals, or evaluations of the other proposals will not be allowed. Debriefing conferences may be conducted in person or on the telephone and will be scheduled for a maximum of thirty (30) minutes. HCA RFP No. 2020HCA6 Page 29 of 41 PROTEST PROCEDURE A bid protest may be made only by Bidders who submitted a response to this RFP and who have participated in a debriefing conference. Upon completing the debriefing conference, the Bidder is allowed five business days to file a protest with the RFP Coordinator. Protests must be received by the RFP Coordinator no later than 4:30 p.m., local time, in Olympia, Washington on the fifth business day following the debriefing. Protests may be submitted by e-mail or by mail. Bidders protesting this RFP must follow the procedures described below. Protests that do not follow these procedures will not be considered. This protest procedure constitutes the sole administrative remedy available to Bidders under this RFP. All protests must be in writing, addressed to the RFP Coordinator, and signed by the protesting party or an authorized agent. The protest must state (1) the RFP number, (2) the grounds for the protest with specific facts, (3) complete statements of the action(s) being protested, and (4) the relief or corrective action being requested. Only protests alleging an issue of fact concerning the following subjects will be considered: A matter of bias, discrimination, or conflict of interest on the part of an evaluator; Errors in computing the score; or Non-compliance with procedures described in the RFP or HCA requirements. Protests based on anything other than those items listed above will not be considered. Protests will be rejected as without merit to the extent they address issues such as: 1) an evaluator’s professional judgment on the quality of a Proposal; or 2) HCA’s assessment of its own needs or requirements. Upon receipt of a protest, HCA will undertake a protest review. The HCA Director, or an HCA employee delegated by the HCA Director who was not involved in the RFP, will consider the record and all available facts. If the HCA Director delegates the protest review to an HCA employee, the Director nonetheless reserves the right to make the final agency decision on the protest. The HCA Director or his or her designee will have the right to seek additional information from sources he or she deems appropriate in order to fully consider the protest. If HCA determines in its sole discretion that a protest from one Bidder may affect the interests of another Bidder, then HCA may invite such Bidder to submit its views and any relevant information on the protest to the RFP Coordinator. In such a situation, the protest materials submitted by each Bidder will be made available to all other Bidders upon request. The final determination of the protest will: Find the protest lacking in merit and uphold HCA’s action; or Find only technical or harmless errors in HCA’s acquisition process and determine HCA to be in substantial compliance and reject the protest; or Find merit in the protest and provide options to the HCA Director, which may include: Correct the errors and re-evaluate all Proposals; or Issue a new solicitation document and begin a new process; or Make other findings and determine other courses of action as appropriate. HCA RFP No. 2020HCA6 Page 30 of 41 If the protest is not successful, HCA will enter into a contract with the ASB(s), assuming the parties reach agreement on the contract’s terms. HCA RFP No. 2020HCA6 Page 31 of 41 5. RFP EXHIBITS Exhibit A Certifications and Assurances Exhibit B Diverse Business Inclusion Plan Exhibit C Executive Order 18-03 Exhibit D Contractor Roles and Responsibilities Exhibit E Organizational Matrix Exhibit F Staff Matrix Exhibit G Service Contract Format including General Terms and Conditions (GT&Cs) HCA RFP No. 2020HCA6 Page 32 of 41 EXHIBIT A CERTIFICATIONS AND ASSURANCES I/we make the following certifications and assurances as a required element of the proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract: 1. I/we declare that all answers and statements made in the proposal are true and correct. 2. The prices and/or cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, I/we may freely join with other persons or organizations for the purpose of presenting a single proposal. 3. The attached proposal is a firm offer for a period of 120 days following receipt, and it may be accepted by HCA without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 120-day period. 4. In preparing this proposal, I/we have not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to this proposal or prospective contract, and who was assisting in other than his or her official, public capacity. If there are exceptions to these assurances, I/we have described them in full detail on a separate page attached to this document. 5. I/we understand that HCA will not reimburse me/us for any costs incurred in the preparation of this proposal. All proposals become the property of HCA, and I/we claim no proprietary right to the ideas, writings, items, or samples, unless so stated in this proposal. 6. Unless otherwise required by law, the prices and/or cost data which have been submitted have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by him/her prior to opening, directly or indirectly, to any other Bidder or to any competitor. 7. I/we agree that submission of the attached proposal constitutes acceptance of the solicitation contents and the attached sample contract and general terms and conditions. If there are any exceptions to these terms, I/we have described those exceptions in detail on a page attached to this document. 8. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. 9. I/we grant HCA the right to contact references and other, who may have pertinent information regarding the ability of the Bidder and the lead staff person to perform the services contemplated by this RFP. 10. If any staff member(s) who will perform work on this contract has retired from the State of Washington under the provisions of the 2008 Early Retirement Factors legislation, his/her name(s) is noted on a separately attached page. We (circle one) are / are not submitting proposed Contract exceptions. (See Section 2.12, Contract and General Terms and Conditions.) If Contract exceptions are being submitted, I/we have attached them to this form. On behalf of the Bidder submitting this proposal, my name below attests to the accuracy of the above statement. If electronic, also include: We are submitting a scanned signature of this form with our proposal. Signature of Bidder Title Date HCA RFP No. 2020HCA6 Page 33 of 41 Exhibit B DIVERSE BUSINESS INCLUSION PLAN Do you anticipate using, or is your firm, a State Certified Minority Business? Y/N Do you anticipate using, or is your firm, a State Certified Women’s Business? Y/N Do you anticipate using, or is your firm, a State Certified Veteran Business? Y/N Do you anticipate using, or is your firm, a Washington State Small Business? Y/N If you answered No to all of the questions above, please explain: ____________________________________________________________________________ Please list the approximate percentage of work to be accomplished by each group: Minority __% Women __% Veteran __% Small Business __% Please identify the person in your organization to manage your Diverse Inclusion Plan responsibility. Name: __________________ Phone: __________________ E-Mail: __________________ HCA RFP No. 2020HCA6 Page 34 of 41 Exhibit C CONTRACTOR CERTIFICATION EXECUTIVE ORDER 18-03 – WORKERS’ RIGHTS WASHINGTON STATE GOODS & SERVICES CONTRACTS Pursuant to the Washington State Governor’s Executive Order 18-03 (dated June 12, 2018), the Washington State Health Care Authority is seeking to contract with qualified entities and business owners who certify that their employees are not, as a condition of employment, subject to mandatory individual arbitration clauses and class or collective action waivers. Solicitation No.: RFP# I hereby certify, on behalf of the firm identified below, as follows (check one):  NO MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. This firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers. OR  MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. This firm requires its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers. I hereby certify, under penalty of perjury under the laws of the State of Washington, that the certifications herein are true and correct and that I am authorized to make these certifications on behalf of the firm listed herein. FIRM NAME: _____________________________________________________ Name of Contractor/Bidder – Print full legal entity name of firm By: ______________________________ Signature of authorized person Title: ______________________________ Title of person signing certificate Date: ________________________________ ___________________________________ Print Name of person making certifications for firm Place: ________________________________ Print city and state where signed HCA RFP No. 2020HCA6 Page 35 of 41 EXHIBIT D Contractor Roles and Responsibilities Role Responsibilities Executive Consultant Fundamental concepts 1) Reports to the sponsor directly. 2) Some decision making on the project as directed by the sponsor. 3) Provide project strategy recommendations to sponsor. 4) Specific technical or SME experience and/or knowledge that benefits/informs the project work. 5) Work is primarily at the executive management level with decision makers. Sample details of skills/duties • Facilitate at any organizational level, especially the executive level. • Lead executive check-in meetings as needed for deliverable progress. • Leadership to identify and meet project success goals. • Establish and build strong sponsor relationships. • Establish and build strong stakeholder relationships. • Excellent communications with executive stakeholders. • Identify, document and shepherd key issues and risks. • Escalate key issues and coordinate decision making. • Track project progress and ensure forward movement of work to success. • Develop agendas, track action items and notes from meetings, or provide leadership a resource that does. Agile specific sample duties • Lead/coach agile transformation strategies. • Lead/coach scaled agile techniques. • Performance monitoring. Project Manager Fundamental concepts: 1) Reports to the sponsor directly. 2) Some decision making on the project as directed by the sponsor. 3) Provide leadership for project team on day to day work. 4) Strategy recommendations for project to sponsor. 5) Specific technical or SME experience and/or knowledge that benefits/informs the project work. Sample details of skills/duties: 6) Facilitate and lead team project and check-in meetings as needed for task and deliverable progress. 7) Determine, document and distribute project status on agreed upon schedule. 8) Establish and maintain regular meetings with the project sponsor. 9) Develop agendas, track action items and notes from meetings (or provide a resource that does). 10) Establish and maintain team meetings, teamwork and collaboration. 11) Establish and build strong sponsor relationships. 12) Establish and build strong stakeholder relationships. 13) Lead the development of the work plan and maintain current work plan status. 14) Develop and publish periodic status reports. 15) Coordinate and track the delivery of the project deliverables. 16) Identify, document and shepherd project issues and risks. 17) Escalate project issues and coordinate decision making. 18) Track the project progress and ensure forward movement of work. 19) Review HCA PMO best practices, tools and templates. Agile specific sample duties: 20) Lead standup meetings. 21) Manage the backlog. HCA RFP No. 2020HCA6 Page 36 of 41 22) Lead sprint planning. 23) Facilitate retrospectives. 24) Advise the product owner. Project Coordinator Fundamental concepts: 1) Limited decision making, acts as a coordinator for the functional manager or specified staff. 2) Works closely with project team; limited interaction with or reporting to the sponsor. 3) Coaches project team on effective processes. Sample details of skills/duties: • Facilitate team project and check-in meetings as needed for task and deliverable progress. • Document and distribute project status on agreed upon schedule. • Establish and maintain regular meetings with the business leader. • Develop agendas, track action items and notes from meetings. • Document the development of the work plan and maintain current work plan status. • Develop and publish periodic status reports. • Coordinate, track, and report on the delivery of the project deliverables. • Identify and track project issues and risks. • Identify and document project issues and risks. • Track the project progress and ensure forward movement of work. • Review HCA PMO best practices, tools and templates. Additional sample duties specific to agile: • Coordinate standup meetings. • Coordinate/document the backlog. • Support sprint planning. • Assist with retrospectives. Business Analyst Fundamental concepts: 1) No decision making, acts as expert SME in analyzing business objectives and processes to identify, document and validate problems, opportunities and possible solutions. 2) Works closely with project team, organizational SMEs and project lead. 3) Coaches project team on effective business analysis processes and techniques. Sample details of skills/duties: • Assisting with the business case. • Eliciting requirements with stakeholders. • Requirements organization. • Translating and simplifying requirements. • Requirements management and communication. • Requirements analysis. • Modeling techniques and methods. • Creating a detailed business analysis. • Documenting identified business problems. • Identifying and outlining opportunities. • Documenting sound business solutions. • Budgeting and forecasting. • Planning and monitoring. • Financial modelling. • Variance Analysis. • Pricing. • Reporting. HCA RFP No. 2020HCA6 Page 37 of 41 • Stakeholder engagement for collection gathering and reporting results. • Understanding the regulatory environment constraints and opportunities. Additional sample duties specific to agile: • Write user epics and stories. • Understand user business processes and goals. • Write test scenarios. • Test and validate test results. • Assist with retrospectives. HCA RFP No. 2020HCA6 Page 38 of 41 EXHIBIT E Organizational Matrix Below is a general template HCA will require as part of the bidder response for describing organizational experience. This matrix will help communicate your organizational history and experience to HCA reviewers who will evaluate your competency in the areas where HCA requires support. Instructions: For each row, describe specific successes and outcomes your organization achieved in the course of similar work, including time frames. Please name the customer or business area if possible. Also include overall years of experience in the categories listed. (Limit to 8 pages). NOTE: Please use the Word version of this template which is separately attached. Category Description Organizational Experience Minimum Qualifications 5 years’ experience successfully managing large complex projects involving multiple business/program partners, cross agency/enterprise wide. 5 years’ experience in the health care industry, with one or more relevant project(s). 5 years’ experience on one or more project(s) with government partners (Municipal, county, state, federal, etc.) Highly Desired Experience Prosci, Inc. Change Management certified practitioner (list experience using these tools, and if not explain what tools have been used). Continuous Process Improvement or Problem Solving certification (list experience using these tools). Prior experience using the PPM tool called Clarizen (if not, explain what PPM tools have been used). Significant experience in working with a health purchasing state agency on large complex initiatives or projects. Significant experience leading projects with state-level agency and program changes, including mergers, HCA RFP No. 2020HCA6 Page 39 of 41 Highly Desired Experience (continued) acquisitions, creation and restructures. Significant experience collecting and managing requirements, and certified with a professional Business Analysis program. Significant experience managing IT related projects. Describe experience in the six (6) SOW areas Overall PM skills and experience outlined in PMBOK. IT experience and knowledge People/Organizational change management Process improvement - Lean Experience and knowledge of public sector, health care, and HHS Soft Skills HCA RFP No. 2020HCA6 Page 40 of 41 EXHIBIT F Staff Matrix Below is a general template HCA will require as part of the bidder response for identifying staff experience, qualifications and certifications. This matrix will help communication to the HCA reviewers which staff resumes meet the requirements. Instructions: 1. In the first blue row please identify the staff name, and in the second blue row identify the proposed tier role for that particular staff, more than 1 role can be identified for the same staff. Add and/or delete columns as needed to accommodate the staff submitted. 2. Fill in Y/N on row 1 to identify which staff are key staff (senior staff that lead the work). 3. Fill in a Y/N for each of the staff columns to indicate which staff have the experience, qualifications and certifications that will be found in the resumes and certification validation the Bidder submitted. Limit each resume to 4 pages or less. 4. Specify time frames and overall years of experience in each applicable category. NOTE: Please use the Word version of this template which is separately attached. Identify Key Staff → Y/N Staff Name Proposed Tier Role(s) As identified in Exhibit D: Contractor Roles and Responsibilities Mandatory Certifications PMP Certification Desired Certifications Prosci, Inc. Change Management certified practitioner (list experience using these tools). Continuous Process Improvement or Problem Solving certification (list experience using these tools). Minimum Qualifications 5 years’ experience successfully managing large complex projects involving multiple business/program partners, cross agency/enterprise wide. 5 years’ experience in the health care industry, with one or more relevant project(s). 5 years’ experience on one or more project(s) with government partners (Municipal, county, state, federal, etc.) Highly Desired Experience Prior experience using the PPM tool called Clarizen or self-trained using the free Clarizen training modules. Significant experience in working with a health purchasing state agency HCA RFP No. 2020HCA6 Page 41 of 41 Highly Desired Experience (continued) on large complex initiatives or projects. Significant experience leading projects with state-level agency and program changes, including mergers, acquisitions, creation and restructures. Significant experience collecting and managing requirements, and certified with a professional Business Analysis program. Significant experience managing IT related projects. Describe experience in the six (6) SOW areas Overall PM skills and experience outlined in PMBOK. IT experience and knowledge People/Organizational change management Process improvement - Lean Experience and knowledge of public sector, health care, and HHS Soft Skills EXHIBIT G Rev 5/6/2019 PROFESSIONAL SERVICES CONTRACT for AS NEEDED PROJECT MANAGEMENT SERVICES HCA Contract Number: K Resulting from Solicitation Number (If applicable: 2020HCA6 Contractor/Vendor Contract Number: THIS CONTRACT is made by and between Washington State Health Care Authority, (HCA) and _____________________________________, (Contractor). CONTRACTOR NAME CONTRACTOR DOING BUSINESS AS (DBA) CONTRACTOR ADDRESS Street City State Zip Code CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR E-MAIL ADDRESS Is Contractor a Subrecipient under this Contract? CFDA NUMBER(S): FFATA Form Required YES NO YES NO HCA PROGRAM HCA DIVISION/SECTION HCA CONTACT NAME AND TITLE HCA CONTACT ADDRESS , Health Care Authority 626 8th Avenue SE PO Box ____ Olympia, WA 98504-____ HCA CONTACT TELEPHONE HCA CONTACT E-MAIL ADDRESS (360) 725- CONTRACT START DATE CONTRACT END DATE TOTAL MAXIMUM CONTRACT AMOUNT PURPOSE OF CONTRACT: The parties signing below warrant that they have read and understand this Contract, and have authority to execute this Contract. This Contract will be binding on HCA only upon signature by HCA. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED HCA SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Washington State 2 Description of Services Health Care Authority HCA Contract #KXXXX TABLE OF CONTENTS Recitals .............................................................................................................................................. 5 1. STATEMENT OF WORK (SOW) .................................................................................................. 5 2. WORK ORDER (WO) ................................................................................................................... 5 3. DEFINITIONS ............................................................................................................................... 5 4. SPECIAL TERMS AND CONDITIONS ......................................................................................... 8 4.1 PERFORMANCE EXPECTATIONS ..................................................................................... 8 4.2 TERM ................................................................................................................................... 8 4.3 ON-SITE CONTRACTOR ORIENTATION ............................................................................ 9 4.4 ON-SITE CONTRACTOR’S WORK SPACE ......................................................................... 9 4.5 COMPENSATION .............................................................................................................. 10 4.6 INVOICE AND PAYMENT .................................................................................................. 10 4.7 CONTRACTOR and HCA CONTRACT MANAGERS ......................................................... 11 4.8 KEY STAFF ........................................................................................................................ 12 4.9 LEGAL NOTICES ............................................................................................................... 12 4.10 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE .......................... 13 4.11 INSURANCE ...................................................................................................................... 13 5. GENERAL TERMS AND CONDITIONS ..................................................................................... 15 5.1 ACCESS TO DATA ............................................................................................................ 15 5.2 ADVANCE PAYMENT PROHIBITED ................................................................................. 15 5.3 AMENDMENTS .................................................................................................................. 15 5.4 ASSIGNMENT .................................................................................................................... 15 5.5 ATTORNEYS’ FEES .......................................................................................................... 16 5.6 CHANGE IN STATUS ......................................................................................................... 16 5.7 CONFIDENTIAL INFORMATION PROTECTION ............................................................... 16 5.8 CONFIDENTIAL INFORMATION SECURITY ..................................................................... 17 5.9 CONFIDENTIAL INFORMATION BREACH – REQUIRED NOTIFICATION ....................... 17 5.10 CONTRACTOR’S PROPRIETARY INFORMATION ........................................................... 18 5.11 COVENANT AGAINST CONTINGENT FEES .................................................................... 18 5.12 DEBARMENT ..................................................................................................................... 18 5.13 DISPUTES ......................................................................................................................... 19 5.14 ENTIRE AGREEMENT ....................................................................................................... 19 5.15 FEDERAL FUNDING ACCOUNTABILITY & TRANSPARENCY ACT (FFATA) .................. 20 5.16 FORCE MAJEURE ............................................................................................................. 20 Washington State 3 Description of Services Health Care Authority HCA Contract #KXXXX 5.17 FUNDING WITHDRAWN, REDUCED OR LIMITED ........................................................... 20 5.18 GOVERNING LAW ............................................................................................................. 21 5.19 HCA NETWORK SECURITY .............................................................................................. 21 5.20 INDEMNIFICATION ............................................................................................................ 21 5.21 INDEPENDENT CAPACITY OF THE CONTRACTOR ....................................................... 22 5.22 INDUSTRIAL INSURANCE COVERAGE ........................................................................... 22 5.23 LEGAL AND REGULATORY COMPLIANCE ...................................................................... 22 5.24 LIMITATION OF AUTHORITY ............................................................................................ 22 5.25 NO THIRD-PARTY BENEFICIARIES ................................................................................. 22 5.26 NONDISCRIMINATION ...................................................................................................... 23 5.27 OVERPAYMENTS TO CONTRACTOR .............................................................................. 23 5.28 PAY Equity ......................................................................................................................... 23 5.29 PUBLICITY ......................................................................................................................... 24 5.30 RECORDS AND DOCUMENTS REVIEW .......................................................................... 24 5.31 REMEDIES NON-EXCLUSIVE ........................................................................................... 24 5.32 RIGHT OF INSPECTION .................................................................................................... 25 5.33 RIGHTS IN DATA/OWNERSHIP ........................................................................................ 25 5.34 RIGHTS OF STATE AND FEDERAL GOVERNMENTS ..................................................... 26 5.35 SEVERABILITY .................................................................................................................. 26 5.36 SITE SECURITY ..............