Request For...

Request For Proposal

NATIONS’ WIC Information System

For a

Quality Assurance (QA) Contractor

November 14, 2019

Page ii

PROPOSALS MUST BE SEALED AND ADDRESSED TO:

Standing Rock Sioux Tribe WIC Program NATIONS: 139 Proposal Avenue Fort Yates, ND 58538

THIS IS NOT AN ORDER

REQUEST FOR PROPOSAL

Proposal envelope must be sealed and plainly marked in lower corner with due date and Request for Proposal # SRST-eWIC-NATIONS-QA 01. Late proposals will be rejected. Proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the proposal is due. Proposals dated and time stamped in another office will be rejected. Receipt of a proposal by the mail system does not constitute receipt of a proposal by the Standing Rock Sioux Tribe WIC Program. Any proposal which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Proposals must be submitted separately, i.e., not included with sample packages or other proposals. Proposal openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Proposer should contact person named below for an appointment to view the proposal record. Proposals shall be firm for acceptance for sixty (60) days from date of proposal opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award.

Proposals MUST be in this office no later than

January 16, 2020

January 5, 2015 4:00 PM CST

Name (Contact for further information)

Phone Date

Quote Price

Description

NATIONS eWIC Implementation – Quality Assurance

**LATE PROPOSALS WILL NOT BE ACCEPTED Delivery Time

In signing this proposal we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in

restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a proposal; that this proposal has been independently

arrived at without collusion with any other proposer, competitor or potential competitor; that this proposal has not been knowingly disclosed prior to the opening of proposals to

any other proposer or competitor; that the above Statement is accurate under penalty of perjury.

We will comply with all terms, conditions and specifications required by the Standing Rock Sioux Tribe WIC Program on behalf of NATIONS in this Request for Proposal and all

terms of our proposal.

Name of Authorized Company Representative (Type or Print) Title Phone ( )

Fax ( )

Signature of Above Date Federal Employer Identification No. Social Security

No. if Sole

Proprietor

(Voluntary)

This form can be made available in accessible formats upon request to qualified individuals with disabilities.

Page iii

TABLE OF CONTENTS

TABLE OF CONTENTS ............................................................................................................ iii

List of Tables ....................................................................................................................... vii

NATIONS’ KEY INFORMATION SUMMARY SHEET .................................................................... 1

1. Issuing Office................................................................................................................... 2

2. Procurement Terms and Conditions ................................................................................. 2

3. Project Description .......................................................................................................... 3

3.1. Introduction and Objective .............................................................................................. 3

3.2. Background Information .................................................................................................. 3

3.3. Project Scope .................................................................................................................... 4

3.3.1. Project Phases and Tasks .......................................................................................... 4

3.3.2. Description of Project Phases, with Tasks and Deliverables .................................... 6

4. RFP Calendar of Events .................................................................................................. 10

4.1. Letter of Intent to Bid ..................................................................................................... 11

4.2. Submitting Questions and Comments ........................................................................... 11

5. Resources ..................................................................................................................... 11

5.1. NATIONS ......................................................................................................................... 11

5.2. USDA Food Nutrition Services ........................................................................................ 11

5.3. NATIONS Project Manager ............................................................................................. 12

5.4. WIC MIS Contractor........................................................................................................ 12

5.5. eWIC Contractor ............................................................................................................. 12

5.6. Quality Assurance Contractor ........................................................................................ 12

6. Methodology for Providing Project Deliverables ............................................................ 13

7. Proposal Submission Format ......................................................................................... 13

7.1. Mandatory Requirements .............................................................................................. 13

7.2. Technical Proposal ......................................................................................................... 14

7.2.1. The Transmittal Letter, Table of Contents, and the Executive Summary ............... 14

7.2.2. QA Contractor Experience and Qualifications ........................................................ 14

7.2.3. Bidder References ................................................................................................... 14

7.2.4. Personnel Qualifications and References and Project Organization ...................... 15

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7.2.5. Project Methodology, Work Plan and Schedule ..................................................... 15

7.3. Cost Proposal .................................................................................................................. 15

7.3.1. Travel to Include in Costs ........................................................................................ 16

7.4. Contract and Proposed Project Schedule ...................................................................... 16

7.5. Proposal Delivery ........................................................................................................... 17

7.6. Guidelines for Preparing the Proposal ........................................................................... 17

7.7. Multiple Proposals and Right to Cancel ......................................................................... 18

7.8. Incurring Costs ................................................................................................................ 18

7.9. RFP Amendments ........................................................................................................... 18

7.10. Clarifications and Revisions to the Specifications and Requirements ....................... 19

7.11. Additional Information ............................................................................................... 19

8. PROPOSAL SELECTION & AWARD PROCESS .................................................................... 19

8.1. Proposal Evaluation ........................................................................................................ 19

8.2. Proposal Scoring ............................................................................................................. 20

8.3. Notification of Intent to Award ...................................................................................... 20

8.4. News Releases ................................................................................................................ 21

Appendix A – Standing Rock Sioux Tribe Standard Terms and Conditions ............................. 22

A.1. INTRODUCTION .............................................................................................................. 22

A.2. DISCLOSURE OF CONFIDENTIAL INFORMATION ............................................................ 22

A.3. ACCEPTANCE OF PROPOSAL SPECIFICATIONS IN CONTRACTUAL AGREEMENT ............ 22

A.4. INSURANCE ..................................................................................................................... 23

A.5. CONTRACT AWARD/DISCLOSURE OF PROPOSAL INFORMATION .................................. 24

A.6. CONFIDENTIAL/PROPRIETARY INFORMATION ............................................................... 24

A.7. PRIME CONTRACTOR RESPONSIBILITIES FOR SUBCONTRACTOR .................................. 25

A.8. CONFIDENTIALITY AGREEMENT ..................................................................................... 25

A.9. RFP AND PROPOSAL AS ATTACHMENT TO THE CONTRACT ........................................... 25

A.10. TIME IS OF THE ESSENCE ............................................................................................ 25

A.11. CONTRACTOR FREEDOM FROM LIABILITY ................................................................. 25

A.12. RFP RESPONSE MATERIAL OWNERSHIP ..................................................................... 26

A.13. NEWS RELEASES .......................................................................................................... 26

A.14. RFP CANCELLATION: ................................................................................................... 26

A.15. SRST OWNERSHIP OF CONTRACT PRODUCTS/SERVICES ............................................ 26

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A.16. INCURRING COSTS ...................................................................................................... 26

A.17. NON-DISCRIMINATION ............................................................................................... 26

A.18. REJECTIONS OF PROPOSALS ....................................................................................... 26

A.19. PARENT COMPANY ..................................................................................................... 27

A.20. CONTRACT CANCELLATION OR SUSPENSION ............................................................. 27

A.21. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION....................................... 27

A.22. CONFLICTS OF INTEREST ............................................................................................. 28

A.23. TAXES .......................................................................................................................... 28

A.24. ASSIGNMENT .............................................................................................................. 28

A.25. CONTRACTOR IS NOT AN EMPLOYEE ......................................................................... 28

A.26. SRST NOT LIABLE ......................................................................................................... 28

A.27. RISK OF LOSS ............................................................................................................... 29

A.28. LIABILITY ..................................................................................................................... 29

A.29. PAYMENT OF TAXES.................................................................................................... 29

A.30. INDEMNIFICATION ...................................................................................................... 29

A.31. VENUE ......................................................................................................................... 29

A.32. PROTESTED SOLICITATIONS AND DISPUTES ............................................................... 29

A.33. SELECTION OF PROPOSAL ........................................................................................... 30

A.34. AWARD OF CONTRACT ............................................................................................... 30

A.35. ACCEPTANCE OF PROPOSAL CONTENT ...................................................................... 30

A.36. STANDARD CONTRACT: .............................................................................................. 30

A.37. ACCEPTANCE OF PROPOSAL SPECIFICATIONS IN CONTRACTUAL AGREEMENT ........ 31

A.38. RESTRICTION ON CONTACT WITH NATIONS REPRESENTATIVES/ EMPLOYEES.......... 31

A.39. SRST OR ASSIGNED REPRESENTATIVE ACCESS TO THE CONTRACTOR'S PREMISES ... 31

A.40. RECORDS RETENTION ................................................................................................. 31

A.41. NOTICES ...................................................................................................................... 32

A.42. CONTRACT LIAISON .................................................................................................... 32

A.43. EFFECTIVE DATE, CONSTRUCTION, AND DEFINITION ................................................ 32

A.44. CONTRACT TERM, EXTENSION, AND CONTINUANCE ................................................. 33

A.45. CONTRACT MODIFICATION AND RENEGOTIATION .................................................... 33

A.46. CONTRACTUAL DUTIES OF NATIONS .......................................................................... 34

A.47. DUTIES OF THE CONTRACTOR(S) ................................................................................ 34

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A.48. FISCAL SAFEGUARDS ................................................................................................... 35

Appendix B – Federal Clauses .............................................................................................. 37

B.1. EQUAL EMPLOYMENT OPPORTUNITY ............................................................................ 37

B.2. CLEAN AIR ACT ............................................................................................................... 37

B.3. CLEAN WATER ACT ......................................................................................................... 38

B.4. ANTI-LOBBYING ACT ....................................................................................................... 39

B.5. AMERICANS WITH DISABILITIES ACT .............................................................................. 39

B.6. DRUG FREE WORKPLACE STATEMENT ........................................................................... 39

B.7. DEBARMENT AND SUSPENSION ..................................................................................... 40

B.8. ROYALITY-FREE RIGHTS TO USE SOFTWARE OR DOCUMENTATION DEVELOPED ......... 41

Appendix C – Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions .............................................................................. 42

Appendix D – Pricing............................................................................................................ 43

Appendix E – Glossary ......................................................................................................... 44

Page vii

List of Tables

Table 1 – Overview of NATIONS Project Phases and Tasks ............................................................ 4

Table 2 – QA Contractor Procurement Schedule .......................................................................... 10

Table 3 –Project Travel for QA Contractor ................................................................................... 16

Table 4 – Estimated Project Milestones ....................................................................................... 17

Table 5 – Cost Workbook .............................................................................................................. 43

NATIONS’ KEY INFORMATION SUMMARY SHEET

Solicitation Name: NATIONS eWIC Quality Assurance Services

Issue Date: November 14, 2019

RFP Issuing Office: Standing Rock Sioux Tribe WIC Program

Proposals are to be sent to: Standing Rock Sioux Tribe WIC Program NATIONS ATTN: Kimberly Rhoades 139 Proposal Avenue Fort Yates, ND 58538

Deadline for Letter of Intent: December 6, 2019

Deadline for Questions: December 13, 2019

Deadline for Proposal Submission: January 16, 2020, 4 PM CST

1. Issuing Office

The Standing Rock Sioux Tribe is the issuing office for this Request for Proposal (RFP) and all subsequent addenda related to it, on behalf of NATIONS (Native American Technical Information Operating Networking System). The Reference Number for the transaction is RFP # S. This number must be referenced on all proposals, correspondence, and documentation relating to this procurement. The sole point of contact for inquiries concerning this RFP is the NATIONS’ Issuing Office as follows:

Name: Kimberly Rhoades WIC Director Standing Rock Sioux Tribe WIC Program

Address: 139 Proposal Avenue Ft. Yates, ND 58538

Phone: 701 854 7263 Email: [email protected] Fax: 701 854 7122

Late proposals shall not be accepted. Proposals which are not provided via the required hard copies and one copy on a flash drive will not be accepted.

All communications relating to this RFP must be directed to Ms. Kimberly Rhoades of the Standing Rock Sioux Tribe WIC Program, as provided above. All communications between the respondents and other NATIONS’ staff members concerning this RFP is strictly prohibited. Failure to comply with this requirement may result in proposal disqualification.

2. Procurement Terms and Conditions

Any vendor submitting a proposal implicitly agrees to the established terms and conditions found in Appendix A, Standing Rock Sioux Tribe Standard Terms and Conditions; in Appendix B, Federal Clauses; and in Appendix C, Certification Regarding Debarment, Suspension, and Other Responsibility Matters – Primary Covered Transactions. Any contractual agreement resulting from this procurement will include NATIONS’ Standing Rock Sioux Tribe Standard Terms and Conditions (Appendix A), along with any additional terms and conditions, as negotiated by the parties. Although Section A.44 Contract Term, Extension, and Continuance of the Standard Terms and Conditions states that there may be two (2) extensions at the discretion of NATIONS and the Standing Rock Sioux Tribe WIC Program, no extensions are anticipated. The QA

mailto:[email protected]

Contractor’s role on the eWIC implementation project is expected to last no more than ten (10) months or until all of the ITOs have been converted to eWIC.

3. Project Description

3.1. Introduction and Objective

This RFP provides interested vendors with sufficient information to submit proposals to NATIONS to provide Quality Assurance (QA) Services during the implementation of WIC EBT (eWIC). The QA Contractor will independently review the work products produced by the eWIC Contractor, assist with the interface testing between the WIC MIS and the eWIC System, coordinate the User Acceptance Testing (UAT), and perform other services within the scope of the QA contract.

This RFP contains instructions for the proposals to be submitted and the materials to be included, as well as a description of the solution required, and the method that NATIONS will use to evaluate the proposals.

3.2. Background Information

The Special Supplemental Nutrition Program for Women, Infants and Children (WIC) is funded by the United States Department of Agriculture (USDA). WIC provides supplemental nutritious foods, health and nutrition education, referrals, and counseling for eligible pregnant, breastfeeding, and postpartum women as well as infants and children under the age of five years. The program is designed to positively impact prenatal nutrition, infant birth weight, iron deficiency anemia and early childhood nutrition and cognitive development. WIC complies with all applicable Federal and state agency mandates.

NATIONS is a consortium of ten WIC Indian Tribal Organizations (ITOs) located in the Mountain Plains Region of USDA. The ten ITO WIC state agencies are working together to plan for the implementation of an eWIC solution that they can use together. The ten ITOs include:

Ute Mountain Ute Tribe, Towaoc, Colorado

Standing Rock Sioux Tribe, Ft. Yates, North Dakota – Fiscal Lead Agency

Cheyenne River Sioux Tribe, Eagle Butte, South Dakota

Eastern Shoshone Tribe, Fort Washakie, Wyoming

Northern Arapaho Tribe, Arapaho, Wyoming

Omaha Nation, Macy, Nebraska

Rosebud Sioux Tribe, Rosebud, South Dakota

Santee Sioux Tribe, Santee , Nebraska

Three Affiliated Tribes (Mandan, Hidatsa, & Arikara), New Town, North Dakota

Winnebago Tribe, Winnebago, Nebraska

Collectively, NATIONS serves approximately 4,100 participants at its ten permanent agency / clinic sites (and approximately 28 mobile / satellite clinics). NATIONS is organized with an Executive Leadership Team (ELT) and a Steering Committee comprised of members from each ITO.

The current WIC MIS, the Three Sigma WIC on the WEB (WOW) system, was implemented by NATIONS in March of 2017. The WOW System is a web-based system built upon .NET technology. The WOW System is hosted in the State of Maryland co-location data center under an MOU with the State of Maryland, and is supported by Three Sigma. The system is eWIC enabled, and is currently supporting eWIC for a number of other states, including Florida, Indiana, Maryland, and South Dakota.

Custom Data Processing Inc. (CDP) is providing eWIC services to NATIONS. The Wichita, Caddo & Delaware (WCD) contract with CDP for eWIC services is being used as the contracting vehicle. Support for NATIONS will be provided through an amendment to the WCD contract with CDP.

The ten state WIC agencies of NATIONS want to improve service to their participant base through the implementation of eWIC. Further, NATIONS expects the implementation of eWIC will provide administrative and operating cost benefits, in particular with vendor management and settlement.

3.3. Project Scope

NATIONS seeks a Quality Assurance (QA) Contractor to provide ongoing quality assurance services during the implementing of eWIC. The QA Contractor shall create a Quality Management Plan that includes a Risk Management Plan, and develop an integrated Test Plan that includes interface testing, acceptance testing of the eWIC system, and a pilot test. The QA Contractor shall provide onsite support during the testing, pilot, and rollout phases of the project. The QA Contractor shall be required to work with and take direction from the Tribe’s planning and project management contractor (MAXIMUS) during all phases of the QA contractor’s work.

3.3.1. Project Phases and Tasks

Table 1 - Overview of NATIONS Project Phases and Tasks provides a high-level decomposition of the Project Scope, depicting the high level tasks associated with each phase. Section 3.3.2 Description of Project Phases provides a description of the tasks and delineates the deliverables that will come from those tasks as they pertain to the QA Contractor.

Table 1 – Overview of NATIONS Project Phases and Tasks

Phase Overview of High Level Tasks

Initiation and Planning

Project Initiation

Participate in Kick-off Meeting & Presentation

Written Review of Kick-off Meeting Summary

Complete Monthly Project Progress Reports


Initiation and Planning

Written Review of Project Work Plan and Baseline

Schedule and Updates

Project Management Plan to be Developed

Quality Management Plan

Review and comment on deliverable documents from the eWIC Contractor

System Guide,

Detailed Functional Design Document (DFDD),

Detailed Technical System Design (DTSD),

Quality Assurance and Risk Management Plan,

Life Cycle Testing Approach,

Interface Control Document (ICD) and Interface

Test Scripts,

Business Continuity Plan,

System Security Plan,

Settlement and Reconciliation Manual,

Reports Manual,

Integrated Vendor Interface Specifications

Document and Scripts

Project Status Reports,

Project Management Plan,

Project Schedule/ Work Plan (MS Project),

UAT Plan and UAT Scripts,

Training Plan and Training Materials (which include

participant trifold brochure and PowerPoint-based

State Office staff training guides),

Vendor Enablement and Certification Assessment

and Plan,

Implementation Plan,

Operations Manual, and

Transition Plan

Review and comment on WIC MIS Deliverable Documents

Enhancement Design Document

WIC MIS Enhancement Test Plan and Scripts

Training Documents

Quality Monitoring and Written Reviews

eWIC Contractor Status Reports


Project Execution

Project Execution

WIC MIS Contractor Status Reports

eWIC PM Status Reports

Comment on Operations Manual

Comment on Transition Plan

Testing

Produce Integrated Test Plan

Coordinate Interface Testing between MIS and

eWIC System.

Coordinate testing of WIC MIS Enhancements for

eWIC

User Acceptance Test (UAT) Readiness

Certification Report

Review and verify UAT Test Scripts

Coordinate and Manage UAT

Provide UAT Report

Provide written Memorandum of System Readiness

for Pilot

Pilot Operations

Produce Bi-weekly Pilot Status Reports

Review Training Materials

Monitor and Review Training of Pilot Agencies

Monitor Pilot activities

Provide Pilot Evaluation Report

Provide written Memorandum of System Readiness

for Rollout

System Rollout

Produce Bi-weekly Rollout Status Reports

Monitor and Review Training of Rollout Agencies

Monitor Rollout activities

Provide Rollout Evaluation Report, including

lessons learned

3.3.2. Description of Project Phases, with Tasks and Deliverables

The following provides a description of the project phases and their components which were introduced in Section 3.3.1 Project Phases and Tasks. The tasks for the QA Contractor are specified in this section.

3.3.2.1. Initiation and Planning

The QA Contractor will advise NATIONS during the implementation planning phase. The QA Contractor must develop the quality management and monitoring plan that identifies a methodology for monitoring project compliance, assessing risks and mitigating issues. The QA Contractor will be responsible for reviewing and commenting on all eWIC Contractor and WIC MIS Contractor deliverables.

Project Kick-off Meeting and Report Summary – The purpose of the Kick-off Meeting is to set expectations, and for NATIONS and the NATIONS Project Manager to meet the QA Contractor staff. Attendees will include the QA Contractor, up to 15 staff from NATIONS, and the NATIONS Project Manager. NATIONS will host the QA kick-off and will present its overall plan; and the QA Contractor will actively participate in the meeting, and will present its QA plans. Within one week following the Project Kick-off Meeting, the QA Contractor will provide NATIONS with a summary of its observations from the QA Kick-off Meeting.

Decision Log - One of the key concerns of NATIONS is that every decision is documented and there should be a written summary of every discussion, whether that discussion occurs telephonically or in-person, formally or informally. NATIONS will look to the QA Contractor to record the decisions reached and a summary of the various discussions and provide that documentation in its progress reports.

Project Work Plan and Schedule – The QA Contractor must review and provide written comments on the Master Work Plan and Schedule. The master work plan must reflect any changes from the plan developed by the PM, eWIC Contractor, and WIC MIS Contractor. The work plan will be maintained throughout the life of the project and updated as necessary to reflect the accurate status of the project. The QA Contractor shall monitor project progress against the work plan. The QA Contractor will be an ongoing recipient of the updated work plans and schedules; and will be asked to review and to make a written evaluation of each updated set of work plans and revised schedules.

Quality Management and Monitoring Plan – The QA Contractor shall develop a Quality Management Plan. The plan shall identify all project objectives, milestones and deliverables identified during project initiation. They must identify critical and noncritical events and critical success factors. Additionally, the plan must outline strategies for meeting critical deadlines and contingency strategies should critical deadlines slip. The plan shall also include a methodology for monitoring configuration management, change control, project compliance as well as risk assessment and mitigation. The plan shall include the QA Contractor’s responsibility for the monthly status reporting which will minimally contain risks, issues, progress and any outstanding issues. The plan shall be delivered within four (4) weeks of the project initiation meeting.

Risk Log – Using the risk management process defined in the Quality Management Plan, the QA Contractor shall conduct a bi-weekly review of the risks to the eWIC Implementation Project with NATIONS, eWIC Contractor, and the WIC MIS Contractor.

Review eWIC & WIC MIS Contractor Deliverables – The eWIC Contractor and WIC MIS Contractor will provide a number of document deliverables. The list of expected deliverables is provided above in Table 1. The QA Contractor shall review these and any additional document deliverables, and provide comments to the eWIC PM on a comment log. Comments shall be provided within the timeframe requested by the eWIC PM and notated on the master project plan.

3.3.2.2. Project Execution

This is the implementation stage where the WIC MIS and eWIC Contractors executes their plans for implementing eWIC for NATIONS. The QA Contractor will participate in status calls and review status reports from the eWIC and WIC MIS Contractors, and provide their independent assessment of the status of the project orally and in their QA Status Report.

QA Monthly Project Progress Reports – Due by the 3rd working day of each month, these project progress reports will summarize the progress on the project made in the previous month. The format, content, audience and media for these reports can be mutually agreed upon by the QA Contractor and NATIONS at the Kick-off Meeting. Delivery to NATIONS will be made via email. These reports will begin at the end of the first month following the Kick-off Meeting and continue until NATIONS completes its eWIC Rollout and the project is complete.

3.3.2.3. Project Execution - Testing

The testing phase of the project includes testing of the WIC MIS Contractor’s enhancements to the WIC MIS, interface testing between the MIS and eWIC Systems, UAT of the eWIC System, and the Pilot test. The QA Contractor will be responsible for creating an integrated test plan that encompasses all of the testing that will occur, and will have responsibility for coordinating the testing and documenting the results of the testing.

Integrated Test Plan – The QA Contractor shall prepare an integrated test plan that includes testing enhancements to the WIC MIS, interface testing between the MIS and eWIC Systems, UAT of the eWIC System, and the Pilot test. The test plan shall include entrance and exit criteria for each testing phase, a plan on how the testing will occur, and a plan for defect tracking and rating. The plan should list the expected participants for each test, and their role in the test.

Test Reports – The QA Contractor shall provide test reports for each testing phase. The reports shall describe the testing that occurred, and the results of the testing. Any defects noted during the testing should be listed, along with the current status of the defect (e.g., resolved, work around implemented, etc.). The report should detail performance against entrance and exit criteria for the testing phase.

Memorandum of Readiness for UAT – The QA Contractor shall provide a memorandum of readiness for the UAT prior to the start of the formal eWIC UAT. The memorandum should provide an assessment of the entrance criteria for the UAT, and whether the eWIC and WIC

MIS are ready for the UAT. The memorandum should be provided one week before the start of the UAT.

UAT Report – The QA Contractor shall provide a formal UAT Report that will be submitted to FNS as documentation regarding the completion of testing of the WIC MIS and eWIC systems. An initial draft of the report shall be provided within four business days following the completion of the eWIC UAT. The reports shall describe the testing that occurred, and the results of the testing. Any defects noted during the testing should be listed, along with the current status of the defect (e.g., resolved, work around implemented, etc.). The report should detail performance against entrance and exit criteria for the eWIC UAT, and provide a recommendation on the Go/No-Go decision to proceed to pilot operations.

3.3.2.4. Project Execution - Pilot Operations

After the successful conclusion of UAT, the project will shift focus to preparation and implementation of a Pilot and Pilot Operations. Pilot Operations will verify that the eWIC System works correctly in conditions of actual use and is interfacing correctly with the WIC MIS. All UAT activities must be completed, successfully tested, and approved prior to the start of the Pilot. Pilot readiness activities will include getting the ITOs participating the pilot trained on eWIC, implementing card swipe devices, and obtaining eWIC cards. The QA Contractor shall observe pilot readiness activities and eWIC pilot operations once the pilot starts. Following five weeks of pilot operations, the QA Contractor shall provide a Pilot Evaluation Report to NATIONS that provides an evaluation of the pilot and recommended changes for the rollout of eWIC.

Biweekly Status Reports – the QA Contractor shall provide a bi-weekly status report during the pilot phase, starting with the vendor live shopping and training of ITO staff on eWIC and the WIC MIS. The status report will include at a minimum status of identified errors, system performance and integrity, and adherence to service levels.

Memorandum of Readiness for Pilot – The QA Contractor shall provide a memorandum of readiness for the Pilot three weeks prior to the start of the pilot. The memorandum should provide an assessment of the entrance criteria for the pilot, and whether the eWIC and WIC MIS are ready for pilot operations.

Review and Provide Written Comments on the Training Materials – the QA Contractor shall review the training materials for thoroughness and usability, and provide a written report. This is due to NATIONS within five (5) business days of receipt of the training material.

Pilot Evaluation Report – this report shall include input from NATIONS, the piloted agencies, and the eWIC and MIS Contractors. After five weeks of pilot, the QA Contractor shall provide an analysis of Pilot operations, citing lessons learned, issues uncovered, and any concerns. This review shall include Service Desk support, vendor eWIC activity, and anything affecting the Pilot. The QA Contractor will provide NATIONS with an objective review of the Pilot, citing any deficiencies or areas requiring improvement, identify what worked well, and make any recommendations for modification or improvements prior to a

NATIONS-wide rollout. The Pilot Evaluation Report will be provided to FNS following approval by NATIONS, and is a requirement for FNS approval to proceed to rollout.

3.3.2.5. Project Execution - Rollout Support

After the successful conclusion of the pilot, the project will shift focus to planning and preparation for the rollout to the remaining ITOs within NATIONS. The QA Contractor shall observe rollout readiness planning and preparation activities and evaluate the adequacy of the activities, project risks associated with the rollout, and adequacy of the schedule.

Biweekly Status Reports – the QA Contractor shall provide a bi-weekly status report during the pilot phase, starting with the vendor live shopping and training of ITO staff on eWIC and the WIC MIS. The status report will include at a minimum status of identified errors, system performance and integrity, and adherence to service levels.

Memorandum of Readiness for Rollout – The QA Contractor shall provide a memorandum of readiness for rollout following the delivery and NATIONS approval of the Pilot Evaluation Report. The memorandum should provide an assessment of the entrance criteria for the Rollout, and whether the eWIC and WIC MIS are ready for rollout. The memorandum should be provided one week before the start of staff training for the rollout.

4. RFP Calendar of Events

Table 2, QA Contractor Procurement Schedule, cites estimated dates of actions related to this RFP.

Table 2 – QA Contractor Procurement Schedule

QA Contractor Procurement Schedule

RFP Release Date November 14, 2019

Letter of Intent to Bid Deadline December 6, 2019

QA Contractor Questions Deadline December 13, 2019

NATIONS Posts Responses to QA Contractor Questions December 20, 2019

Deadline to Submit Proposal 4 PM CST, January 16, 2020

Tentative Award Announcement January 31, 2020

Anticipated Contract Start Date March 2, 2020

4.1. Letter of Intent to Bid

NATIONS requires a Letter of Intent to Bid that states that a QA Contractor is planning to submit a proposal. This Letter of Intent to Bid is non-binding. It simply provides NATIONS with an understanding regarding the number of bids for which it must plan a timely review; and it enables NATIONS to provide updates to any prospective Bidders during the procurement process. This deadline for the Letter of Intent to Bid is shown in Table 2, QA Contractor Procurement Schedule. The Letter of Intent is not required for a Bidder to submit a proposal.

4.2. Submitting Questions and Comments

All questions concerning this RFP shall reference NATIONS eWIC QA RFP and be submitted by email to the single point of contact identified in Section 1, Issuing Office, no later than the time and date specified for receipt of written questions specified in Table 2, QA Contractor Procurement Schedule. Questions must reference the appropriable RFP page and section. All questions and the NATIONS’ responses will be published and given to all bidders who have provided a Letter of Intent to NATIONS and shall become an addendum to this RFP.

5. Resources

This section provides an overview of the roles of each entity participating in the implementation of the new WIC System for NATIONS.

5.1. NATIONS

NATIONS has selected key individuals from the ten tribes to participate in its Steering Committee for this eWIC Implementation Project. The Steering Committee has selected a Chairperson, an Assistant Chairperson, a Fiscal Lead and a Recording Secretary. The identities of these key positions will be revealed at the Kick-off Meeting. The QA Contractor Project Manager, eWIC Project Manager, and WIC MIS Project Manager will report to NATIONS’ eWIC Project Manager for purposes of this project. The eWIC Project Manager will report to the NATIONS Steering Committee.

NATIONS’ staff resources will be drawn from each of the ten WIC state agencies, depending on their availability. NATIONS will staff the Kick-off and Design sessions, testing, training sessions, and vendor live shopping with selected staff.

5.2. USDA Food Nutrition Services

The Mountain Plains Region Office of USDA Food and Nutrition Services will monitor this project to ensure that all the various functions and organizations involved in the project meet federal WIC IS requirements and provide a quality delivery of the project as designed and detailed in the overarching Project Management Plan. USDA FNS will participate in the User Acceptance Test, as well as attend several of the NATIONS milestone events throughout this process. Concurrence from FNS of the results of the UAT is required before the project may

move to the Pilot phase; and concurrence from FNS of the Pilot results is required before the eWIC system may be fully rolled out.

5.3. NATIONS Project Manager

The NATIONS Project Manager will update the project plan, and maintain liaison with NATIONS, as follows:

Provide oversight on the contract requirements;

Ensure monthly project updates and statuses are reported in a timely fashion;

Coordinate QA Contractor and NATIONS tasks and activities;

Maintain an electronic project documentation library, accessible by NATIONS, its vendors and USDA FNS;

Help coordinate travel and meetings; and

Serve as a primary point of contact for NATIONS eWIC issues.

Additionally the NATIONS Project Manager will provide continuity as the process extends to the WIC MIS Contractor, eWIC Contractor, and the QA Contractor.

5.4. WIC MIS Contractor

The WIC MIS Contractor will modify the WIC MIS as need to support the eWIC requirements for NATIONS.

The WIC MIS Contractor will provide a Project Manager to serve as the primary point of contact for this project for the WIC MIS Contractor. This Project Manager will be responsible for the day-to-day oversight of the project for the WIC MIS Contractor, will provide direction to the WIC MIS Contractor’s staff, and will manage the project schedule and delivery of all WIC MIS Contractor deliverables. The WIC MIS Contractor’s Project Manager will report to the NATIONS’ eWIC Project Manager.

5.5. eWIC Contractor

The eWIC Contractor will configure and implement their eWIC System to support the eWIC requirements for NATIONS.

The eWIC Contractor will provide a Project Manager to serve as the primary point of contact for this project for the eWIC Contractor. This Project Manager will be responsible for the day-to-day oversight of the project for the eWIC Contractor, will provide direction to the eWIC Contractor’s staff, and will manage the project schedule and delivery of all eWIC Contractor deliverables. The eWIC Contractor’s Project Manager will report to the NATIONS’ eWIC Project Manager.

5.6. Quality Assurance Contractor

NATIONS will select a Quality Assurance (QA) Contractor to provide independent monitoring of the project status, including schedules, accomplishments, and deliverables by formally

reviewing the plans, development, testing, and implementations of the eWIC and WIC MIS Contractors. Part of the QA role is to advise NATIONS on discrepancies, issues, or corrections. On behalf of NATIONS, the QA Contractor will review the plans of the eWIC and WIC MIS Contractors and provide comments back to NATIONS.

6. Methodology for Providing Project Deliverables

The QA Contractor shall provide NATIONS with the deliverables and services in accordance with the time frames in the Work Plan. All deliverables shall be subject to NATIONS’ review and approval before being considered as accepted. Upon its submission of a deliverable, the QA Contractor represents that it has performed its obligations under the contract associated with the deliverable. Deliverables shall be submitted by email to the eWIC PM and the NATIONS ELT.

The QA Contractor shall be responsible for maintaining version control on all deliverables utilizing excel spreadsheet or other tool documenting all comments regarding deliverables. All deliverables should be provided using Microsoft Office software. Deliverables that are poorly written with typos and/or grammatical errors will be immediately rejected. The QA Contractor shall provide a written certification that the deliverable is final, complete, and ready for review. The eWIC PM will notify the QA Contractor in writing of the acceptance or non-acceptance of a deliverable. If any deficiencies exist, the eWIC PM will notify the QA Contractor in writing of the deficiency and the vendor must correct the deficiency within five business days of receiving notice at no charge to NATIONS. Upon receipt of the corrected deliverable, NATIONS will review the corrected deliverable and the eWIC PM will notify the QA Contractor in writing of its acceptance or rejection thereof.

7. Proposal Submission Format

7.1. Mandatory Requirements

The proposals will first be examined to determine if all mandatory requirements listed below have been addressed to warrant further evaluation. Proposals not meeting mandatory requirements will be excluded from further evaluation. The mandatory requirement items are as follows:

1. Signed Request for Proposal for Contractual Services form

2. Transmittal Letter

3. Executive Summary

4. Bidder experience and references

5. Technical Approach (Project Methodology and Management Plan)

6. Cost Proposal

7.2. Technical Proposal

The Bidder must provide one electronic copy of its response (on a Flash Drive) and 15 paper copies of the proposal – with one printed copy designated as the original. The electronic copy and hard copies must be identical, and must be presented in MS Word or in a PDF format. The Technical proposal and Cost Proposal must be separated both in electronic files and in hard copies. The Technical Proposal must be structured in the following manner.

1. The Transmittal Letter, Table of Contents and Executive Summary

2. Bidder’s Experience and Qualifications, and Corporate Organization Chart

3. Bidder’s References

4. Personnel Qualifications and References, and a Project Organization Chart

5. Project Methodology and Management Plan

7.2.1. The Transmittal Letter, Table of Contents, and the Executive Summary

A submitted proposal must contain a transmittal (cover) letter signed by an executive with the authority to commit the Bidder to provide the services offered. The Letter of Transmittal shall identify the Bidder’s contact person, including mailing address, telephone number, fax, and email address to whom all further correspondence and/or questions should be addressed. The Letter of Transmittal should indicate whether the Bidder operates as a proprietorship, partnership, corporation or limited liability corporation.

The proposal must include a table of contents, and an executive summary. The executive summary should focus on the Bidder’s understanding of the tasks being procured, as well as a summary of its background, experience and ability to provide the services requested, and how it plans to meet the requirements of this RFP.

7.2.2. QA Contractor Experience and Qualifications

The Bidder must provide documentation of the following experience and knowledge:

Knowledge and experience with USDA eWIC and WIC MIS functional requirements

Understanding of WIC program operations and WIC system functions

Recent experiences (last three years) in providing QA or related services during transition of a WIC program to a eWIC

Provide three years of Profit and Loss Statements as an appendix. If a privately-held Bidder wishes that these financial statements remain confidential, then the Bidder should state that in its proposal and these sections should be clearly marked.

7.2.3. Bidder References

The Bidder must provide three corporate references for organizations to which it provided Quality Assurance, either as a prime or subcontractor (please cite which it was), for eWIC implementations. If the Bidder does not have three references for eWIC implementations, it can cite similar work done for other government agencies. The references should include a

contact person with first-hand knowledge of the Bidder’s efforts, as well as the organization name and the contact’s physical address, phone numbers, and email addresses. Subcontractors should also include three corporate references with the same type of information.

7.2.4. Personnel Qualifications and References and Project Organization

The Bidder must provide an organization chart of the project team that will provide the QA services for NATIONS, and provide a narrative of its proposed staffing approach, including an explanation of staff contingency planning and staff retention. The Bidder must provide a resume (1 to 2 pages) on each key person (to be determined and indicated by Bidders in the response) assigned to this project along with three personal references that attest to the individual’s proficiency in assigned areas for which he or she would be responsible. The format for the individual resumes can be determined by the Bidder; but NATIONS requests consistency for the resume format. Each of the three references should include a contact person with first-hand knowledge of the individual’s efforts and acumen, as well as the organization name, and the contact’s physical address, phone numbers, and email addresses.

7.2.5. Project Methodology, Work Plan and Schedule

The transition and implementation of eWIC for NATIONS will be conducted in alignment with the Project Management Body of Knowledge (PMBOK) best practices. NATIONS has retained the services of a NATIONS Project Manager to provide project continuity and to serve as the primary point of contact for NATIONS’ eWIC issues. The Bidder will provide a Project Manager, who will manage project execution for the QA services. The NATIONS Steering Committee will provide Project oversight.

Bidders must provide a comprehensive project management plan they intend to follow and illustrate how its plan will serve to accomplish the work and meet the schedule requested. The proposed work plan and schedule must include clearly stated milestones and deliverables; and it must provide detailed descriptions of planned activities and time frames. Bidders must show a comprehensive understanding of this project’s statement of work, including narrative statements that describe in detail the proposed effort that aligns with the deliverables in Section 3.3 of this document. The ITOs making up NATIONS are located in remote rural areas, which creates challenges to the ITOs in serving their participants. Bidders shall acknowledge this challenge in their response, and describe in their management plan how they will help overcome this challenge. The narrative should detail the critical success factors as understood by the Bidder.

7.3. Cost Proposal

As with the Technical Proposal, the QA Contractor must provide one electronic copy of its response (on a Flash Drive) and 15 hard copies of the Cost Proposal. The electronic copy and hard copies must be identical, and must be presented in MS Word or in a PDF format. The Technical proposal and Cost Proposal must be separated both in electronic files and in hard copies, and marked and sealed in separate packages (although they should be shipped together). The Cost proposal format is provided in Table 5, Cost Workbook, which is located in

Appendix D - Pricing, at the end of this RFP. The QA Contractor must complete this table to present a firm fixed price. In addition, the QA Contractor is asked to provide a narrative that explains each cost item.

All cost proposals must be valid for at least 120 days after the receipt of the proposal. The purpose of the Cost Workbook is to ensure that all cost components have been accounted for. Bidders will complete the Cost Workbook form and place it in a separate, sealed package, clearly marked as the Cost Proposal with the QA Contractor’s name, the procurement number, and the RFP submission date. There is a requirement to bind the Cost Proposal.

The Cost Workbook has two primary sections. The first is the pricing for each deliverable (Appendix D), and the second is a narrative explaining the costs. In some cases a narrative explanation of a few sentences will suffice.

The Bidder must include one-time and ongoing cost components, as well as a total cost. The cost components are needed for the NATIONS Evaluation Team to better understand the basis for the costs, and to track costs after award. The total costs are required for evaluation and budget purposes.

In summary, Cost Proposals must include the following: (1) completed Cost Workbook (Appendix D), and (2) a Cost Narrative. The Cost Proposal will be evaluated independently from the technical proposal. All costs related to the provision of the required services must be included in the cost proposal offered.

7.3.1. Travel to Include in Costs

The QA Contractor will expected to travel and be onsite for certain activities during the project. Table 3 – Project Travel provides the expected travel scheduled for QA Contractor, along with the Project Schedule set out herein represents NATIONS’ best estimates for the project.

Table 3 –Project Travel for QA Contractor

Trip Description Task # Location Onsite Days

1 Kick-off Meeting 1 Laurel, MD 2

2 Interface Testing 4 Laurel, MD 4

3 UAT Initial Testing 4 Laurel, MD 4

4 UAT Follow-up Testing 4 Laurel, MD 3

5 Pilot Training and Readiness Review 5 South Dakota 4

6 Pilot Evaluation 6 South Dakota 4

7.4. Contract and Proposed Project Schedule

NATIONS will award one fixed price contract. The Project Schedule set out herein represents NATIONS’ best estimates for the project.

Table 4 – Estimated Project Milestones

TASK/Milestone Estimated Start Estimated Finish

Implementation Project Start 1/2/2020 11/27/2020

Kick-off Meeting 1/14/2020 1/15/2020

Project Planning Phase 1/14/2020 5/22/2020

Project Development & Testing Phase 1/31/2020 4/27/2020

UAT 4/28/2020 5/20/2020

Production Set-up & Pilot Prep 5/11/2020 6/30/2020

Pilot 7/8/2020 9/1/2020

Rollout 9/2/2020 9/16/2020

Closeout 9/16/2020 11/27/2020

7.5. Proposal Delivery

Proposals shall be received on or before the proposal due date and time as listed in Table 2, QA Contractor Procurement Schedule, found in Section 4, RFP Calendar of Events.

Proposals must contain a statement that the Bidder shall comply with all of the provisions of this RFP.

Proposals must address all the requirements of the RFP (Section 3.3 of this document) in the order and format specified within the Project Methodology and Management Plan section of the response. Each RFP requirement response in the proposal must reference the unique identifier for the RFP requirement detailed in Section 3.3 – Scope; in other words, the section number.

The Proposal will have two separate, distinct parts: a Technical Proposal and a Cost Proposal. The contents of each package must be marked as follows:

1 RFP, with required Profit/Loss Statement in an appendix which is clearly marked as “Confidential” if the bidder does not want the statements to be available for public review.

2 Cost Proposal – Package 2 – the cost workbook, with required narrative

All proposals become the property of NATIONS after submission.

7.6. Guidelines for Preparing the Proposal

All submitted proposals must meet the following guidelines:

1 It is the responsibility of the Bidder to ensure that its proposal enables the NATIONS Evaluation Team to easily locate all response descriptions and exhibits for each RFP requirement. Figures, tables and charts should be assigned unique index numbers and

should be referenced by these numbers in the proposal text. All figures, tables, and charts should be placed as close to text references as practical.

2 The Technical Proposal must be organized in accordance with the proposal guidelines cited in Section 7.2 Technical Proposal, and be sequentially paginated. The Bidder’s name should be in the header of each page.

3 The RFP procurement name (NATIONS eWIC QA RFP) and procurement number SRST-eWIC-NATIONS-QA 01 must be provided in the footer for each page.

4 The font used should be Arial or Times Roman font, size 11; or Calibri font, size 12 or higher for normal text, and no less than size 10 for tables, figures, or graphs.

5 The proposal must not include marketing materials or literature not specifically requested by this RFP.

7.7. Multiple Proposals and Right to Cancel

No Bidder should submit more than one proposal as a prime vendor. Thus, every Bidder who submits a bid must submit its best bid. This requirement does not limit a potential Subcontractor’s ability to collaborate with one or more Bidders submitting proposals.

NATIONS will not consider a joint or collaborative proposal that requires a contract with more than one Bidder. NATIONS wants one prime contractor with whom to enter into a contractual relationship.

NATIONS may, at its discretion, reject any and all proposals. Further, NATIONS reserves the right to cancel this RFP and make no award, if it determines that such action is in its best interest.

7.8. Incurring Costs

Issuance of this RFP in no way constitutes a commitment by NATIONS to award a contract or to pay any costs incurred by a Bidder in the preparation of a response to this RFP. NATIONS is not liable for any costs incurred by the Bidder prior to issuance of or entering into a formal agreement, contract, or purchase order. Costs of developing proposals, preparing for, or participating in verbal presentations (such as a Best and Final Offer (BAFO)), as requested, or any other similar expenses incurred by a Vendor are entirely the responsibility of the Bidder, and will not be reimbursed by NATIONS.

7.9. RFP Amendments

NATIONS reserves the right to amend this RFP at any time prior to the proposal due date. If an amendment is necessary, then NATIONS will provide the amendment, via email, to all Bidders who have submitted their intents to bid.

NATIONS reserves the right to waive minor informalities in a proposal and award a contract that is in its best interest. A minor informality is an omission or other error that, in NATIONS’

determination, if waived or modified when evaluating proposals, would not give a Bidder an unfair advantage over other Bidders or result in a material change in the proposal or RFP requirements. When NATIONS determines that a proposal contains a minor informality, it may, at its discretion, provide the Bidder with an opportunity to correct it.

7.10. Clarifications and Revisions to the Specifications and Requirements

NATIONS may request additional information or clarifications regarding a Bidder’s proposal. In that eventuality that NATIONS requires clarifications, the Bidder’s cooperation in providing adequate responses will be considered a factor in the evaluation of the Bidder’s overall responsiveness.

Bidders may request additional information or clarifications to this RFP using the following procedures:

Clearly identify the specified statement(s) or paragraph in the RFP that is / are in question. Cite the page and the section referred to.

Deliver all concerns and questions in written format to the specified sole point of contact for NATIONS’ procurement, as cited in Section 1.

A document seeking Clarifications and/or Revisions may be delivered by USPS mail, email, or by fax.

The Bidder may ask the NATIONS’ sole point of contact to verify receipt of their documents (this includes questions, clarifications, and the actual proposal).

Request for clarifications, questions, or other requests submitted after the deadline for questions, as established in Section 4, RFP Calendar of Events, will be rejected.

7.11. Additional Information

NATIONS will not consider any proposal that bears a copyright.

By submitting a proposal, the Bidder grants NATIONS the right to obtain information from any lawful source regarding it, its officers and its bid employees: (1) past business history, practices and conduct; (2) ability to deliver the goods and services needed; and (3) the ability of the Bidder to comply with contract requirements. By submitting a proposal, a Bidder waives all claims against any party providing NATIONS information about the Bidder. NATIONS may take such information into consideration in evaluating proposals.

8. PROPOSAL SELECTION & AWARD PROCESS

8.1. Proposal Evaluation

All proposals submitted shall be evaluated by a selected evaluation committee comprised of representatives from NATIONS’ ten ITO WIC programs. All proposals received will be given an initial compliance screening for completeness and adherence to the submission requirements

specified in Section 4 RFP Calendar of Events and Section 7 Proposal Submission Format. Proposals that do not have the required sections will be subject to rejection without further evaluation. NATIONS reserves the right to waive minor informalities in a given proposal, and to award contracts that are in the best interests of NATIONS.

RFP evaluation shall be based on the proposal scoring described in Section 8.2, Proposal Scoring. NATIONS’ evaluators may choose to communicate with the Bidders who submitted proposals to obtain clarifications, or to request a modification, or to obtain a Best and Final Offer; or proposals may be accepted without discussion. Thus, Bidders must not assume a future opportunity to clarify its submission.

NATIONS may, but is not required to, request Bidders to prepare one or more revised offers, as a best and final offer.

NATIONS will most favorably evaluate proposals that offer few, if any, exceptions, reservations, or limitations to the terms and conditions of this RFP.

8.2. Proposal Scoring

As Bidders will submit both a technical proposal and a cost proposal, NATIONS will score each separately. NATIONS will assign points to each of the following evaluation areas:

Technical Proposal 70%

Bidder Qualifications, Experience, Technical Skills 30%

Project Staff and Project Organization 10%

References 5%

Business Solution (Methodology, Project Management Plan

Statement of Work and Task Related Deliverables) 20%

Adequacy and completeness of proposal 5%

Cost 30%

Total: 100%

8.3. Notification of Intent to Award

Once NATIONS completes its evaluation, it will prioritize the best proposals. SRST reserve the right to reject any and all proposals and cancel the RFP without penalty if deemed in the best interest of NATIONS. NATIONS will select the Bidder whose proposal is determined to be the most advantageous to the ten WIC state agencies. NATIONS will contact the organization that submits the top proposal with the Intent to Award the contract. NATIONS will notify only the top selected organization that it wishes to negotiate an Agreement. During these discussions, Bidders will be responsible for their own legal fees and any travel and per diem expenses.

If contract negotiations are unsuccessful with the initially selected Bidder, then NATIONS may either cancel the RFP, or it can negotiate with the Bidder who submitted the next best proposal.

NATIONS reserves the right to use any of the ideas presented in any proposal. Selection or rejection of a proposal does not affect this right.

Once a negotiation with a selected Bidder is successful, NATIONS will make an announcement in writing to the other Bidders. The winning proposal, and any changes made during negotiations, will become part of the contract agreement.

8.4. News Releases

Prior to tentative award1, a Bidder may not issue a press release or provide any information for public consumption regarding its participation in the procurement process for NATIONS’ WIC Information System.

After tentative award, any press releases, studies or any kind of information release pertaining to this procurement process or to the project to which this RFP relates will not be released or shared with any third parties without prior written approval from NATIONS. The winning Bidder may coordinate such information releases with NATIONS’ sole point of contact (see Section 1, Issuing Office), and written permission will not be unreasonably withheld.

1A tentative award occurs after a vendor has been notified it has been selected, but prior to signing a contract. The selection is ‘tentative’ pending the contract negotiations.

Appendix A – Standing Rock Sioux Tribe Standard Terms and Conditions

A.1. INTRODUCTION

Standing Rock Sioux Tribe (SRST) and Federal law require specific provisions in contracts. The following reflects those provisions as well as other general contract expectations of the Standing Rock Sioux Tribe WIC Program. In addition to the provisions appearing in this RFP document, the final contract may include provisions tailored to reflect the specifics of the successful proposal. The final contract will incorporate by reference the provisions of this RFP document and the successful proposal. The contract itself will address and resolve any conflicts or ambiguities that exist within or between those documents.

This is a contract for a firm, fixed price. The price shall be all-inclusive, and no other costs shall be honored.

It is understood that federal funds will pay for all products and services resulting from this RFP. Thus, any decision to proceed is contingent on the availability of federal funds. NATIONS reserves the right to terminate contract if federal funds are not available.

A.2. DISCLOSURE OF CONFIDENTIAL INFORMATION

Once the procurement award is made and a contractual agreement has been signed, NATIONS will end the procurement process. NATIONS does not plan to return the proposal submitted to it; nor does NATIONS plan to send the proposal to anyone or to disclose the contents of the proposals to any third-parties.

A.3. ACCEPTANCE OF PROPOSAL SPECIFICATIONS IN CONTRACTUAL AGREEMENT

The term “contract” refers to the contract agreement awarded as a result of this RFP and all its exhibits and related documents. At a minimum, the following documents will be incorporated into the contract:

This RFP and all exhibits

Any modifications, addenda or amendments issued in conjunction with this RFP

Any other attachments, as agreed

The successful vendor’s proposal

NATIONS reserves the right to negotiate additional contract terms and conditions. Bidders are responsible for reviewing the General Provisions and noting any exceptions, reservations, and limitations. USDA FNS reserves the right to review the contract prior to final contract signature

A.4. INSURANCE

Before commencing work on the Agreement the Contractor must provide certificates of insurance to show that the following minimum coverage is in effect. It is the responsibility of the Contractor to maintain current certificates of insurance on file with the state through the term of the Agreement. No warranty is made that the coverage and limits listed herein are adequate to cover and protect the interests of the Contractor for the Contractor’s operations.

Workers Compensation:

With respect to all operations performed, the Contractor shall carry workers’ compensation insurance as required by the state of the Contractor’s physical location.

General Liability and Property Damage:

With respect to all operations performed under the Agreement, the Contractor shall carry general liability insurance having all major divisions of coverage including but not limited to:

Premises – Operations

Products and Completed Operations

Personal and Advertising Injury Liability

Contractual Liability

Independent Contractors

Damages to Premises Rented to You

Medical Expenses

The Policy shall be on an occurrence form and limits shall not be less than: $1,000,000 per Occurrence

$2,000,000 General Aggregate

$2,000,000 Products/Completed Operations Aggregate

$1,000,000 Damages to Premises Rented to You (formerly fire legal liability)

$10,0000 Medical Expense

The Contractor shall name NATIONS and its officers and employees as additional insured’s for liability arising out of the Agreement.

Automotive Liability: The Contractor shall carry automotive liability insurance covering all motor vehicles, including hired and non-owned coverage, used in connection with the Agreement. Limits of coverage shall not be less than $1,000,000 combined single limit for bodily injury and property damage.

The Contractor shall name NATIONS and its officers and employees as additional insureds on the Automobile Liability insurance policy.

Professional Liability: Before commencing work on this Agreement and throughout the term of this Agreement, the Contractor shall procure and maintain professional liability insurance for wrongful acts, errors and omissions committed by the Contractor or its employees in performing professional services under this Agreement, with a minimum coverage of $1,000,000 per occurrence and $2,000,000 per annual aggregate.

A.5. CONTRACT AWARD/DISCLOSURE OF PROPOSAL INFORMATION

The contract will be awarded to the bidder who meets all conditions and requirements of this RFP, which shall become an integral part of the final contract. All proposals in response to this RFP will be evaluated in a manner consistent with the evaluation criteria established in the RFP. SRST reserves the right to waive informalities and minor irregularities in proposals received and to accept any portion of a proposal or all items proposed if deemed in the best interest of NATIONS.

Award shall be made to the bidder whose proposal, conforming to the RFP, is the most advantageous to NATIONS taking into consideration price and the other evaluation factors set forth in this RFP. SRST reserves the right to award the contract(s) to a technically qualified low cost bidder(s) in the event the high scoring bidder is determined to not be the best value offered, based on a cost benefit analysis. The highest scoring bidder(s) may be required to submit final and best offers.

SRST reserves the right to reject any or all proposals and to cancel this RFP at any time without penalty, and neither conveys rights upon the bidder or obligates NATIONS or SRST in any manner. This RFP may or may not result in an award of contract.

SRST reserves the right to use any of the ideas presented in any proposal. Selection or rejection of a proposal does not affect this right. Information concerning the proposals will become part of the public record after the award selection is made. There shall be no restrictions on information included in the proposals, except bidders who wish to designate information as confidential.

A.6. CONFIDENTIAL/PROPRIETARY INFORMATION

Any restrictions of the use or inspection of material contained within the proposal shall be clearly stated in the proposal itself. Written requests for confidentiality shall be submitted, by the Proposer with the proposal. The Proposer must state specifically what elements of the proposal are to be considered confidential/proprietary. Confidential/proprietary information must be readily identified, marked and separated/packaged from the rest of the proposal. Co-mingling of confidential/proprietary and other information is NOT acceptable. Neither a proposal, in its entirety, nor proposal price information will be considered confidential/ proprietary. Any information that will be included in any resulting contract cannot be considered confidential. The SRST WIC Program will make written determination as to the apparent validity of any request for confidentiality. The written decision of the SFST will be sent to the Proposer.

A.7. PRIME CONTRACTOR RESPONSIBILITIES FOR SUBCONTRACTOR

The selected Vendor will be required to assume primary responsibility for services whether or not the Contractor produces them or provides the service. Further, the SRST will consider the selected Contractor(s) to be the sole point of contact with regard to contractual matters. The planned use of any and/or all proposed subcontractors must be clearly explained in the proposal, including qualifications and references. The prime Contractor’s subcontractors must meet the same standards, terms and conditions for procurement as are imposed on the prime Contractor by this RFP. Failure to identify any such subcontractor in the Proposer’s proposal shall be sufficient cause for disqualification of a proposal or cancellation of a Contract. Subcontractors must be United States based to provide consistency in staff.

A.8. CONFIDENTIALITY AGREEMENT

All information supplied to or obtained by the Proposer or its agent(s) pertaining to WIC participants and any documentation is confidential and may not be used for any purpose other than the formulation of a good faith proposal. Any other use of or release to any party or parties of this confidential information without the prior written consent of the SRST shall constitute a breach of this admitted confidentiality and may result in disqualification of the Proposer or other sanctions as determined by the SRST.

A.9. RFP AND PROPOSAL AS ATTACHMENT TO THE CONTRACT

This RFP and the formal proposal submitted by the Proposer shall become attachments by reference to the Contract drawn up between the Contractor and SRST WIC.

A.10. TIME IS OF THE ESSENCE

Time is of the essence in the performance of the Contract. If Contractor fails to meet the performance requirements in accordance with the Contract, or within any extensions or exceptions thereof which may be granted, the SRST may seek specific performance of Contractor or, at SRST’s option, terminate the Contract in accordance with the requirements of the Contract.

A.11. CONTRACTOR FREEDOM FROM LIABILITY

The Contractor shall not be liable for any damages if the failure to perform the Contract arises out of caused beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to, acts of God, acts of the SRST solely in its sovereign or contractual capacity (and deadlines changed by SRST WIC), fires, floods, epidemic, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, the failure to perform must be beyond the control and without the fault or negligence of either the Contractor or its subcontractor(s). When such a cause arises, the Contractor shall notify the SRST WIC immediately in writing of its failure to perform, describing the cause of failure and how it affects performance, and the anticipated duration of the inability to perform.

The SRST WIC shall review the information provided, and may at its option, rescind the Contract.

A.12. RFP RESPONSE MATERIAL OWNERSHIP

All material submitted regarding the RFP becomes the property of the SRST. The Tribe has the right to use any or all information/material presented in reply to the RFP, subject to limitations outlined in the Proprietary Information. Disqualification of a bidder does not eliminate this right. All documents and data from proposals become the property of the Standing Rock Sioux Tribe WIC Program and NATIONS.

A.13. NEWS RELEASES

News releases or public statements pertaining to this procurement or any part of the proposal shall not be made without prior written approval of the SRST.

A.14. RFP CANCELLATION:

The SRST reserves the right to cancel this Request for Proposal at any time without penalty

A.15. SRST OWNERSHIP OF CONTRACT PRODUCTS/SERVICES

Proposals, upon established opening time, become the property of the SRST. All products/services produced in response to the contract resulting from this RFP will be the sole property of the SRST. The contents of the successful Proposer’s proposal will become contractual obligations. SRST and the Food and Nutrition Service (FNS) reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and authorize others to use the for Federal Government purposes, the copyright in any software and associated documentation developed under the resulting contract.

A.16. INCURRING COSTS

SRST is not liable for any cost incurred by Proposers prior to issuance of a legally executed contract or procurement document. No proprietary interest, of any nature shall occur until a contract is awarded and signed by all concerned parties.

A.17. NON-DISCRIMINATION

The Proposer shall comply with all applicable state and federal laws, rules and regulations involving non-discrimination on the basis of disability, race, color, religion, national origin, age or sex.

A.18. REJECTIONS OF PROPOSALS

SRST reserves the right to reject any or all proposals without penalty and to waive informalities and minor irregularities in proposals received and to accept any portion of a proposal or all items proposed if deemed in the best interest of NATIONS.

A.19. PARENT COMPANY

If a Proposer is owned or controlled by a parent company, the name, main office address and parent company’s tax identification number shall be provided in the proposal.

A.20. CONTRACT CANCELLATION OR SUSPENSION

SRST, acting as agent for NATIONS, reserves the right to cancel or terminate the Contract at any time, for its convenience, upon 30 days’ advance written notice to Contractor. Upon termination of the Contract for whatever reason, SRST agrees to pay Contractor a pro-rata amount for all services provided to SRST under the Contract, or any amendment thereto, for services rendered by Contractor as of the effective date of termination of the Contract.

In the event of a lapse in Federal funding to FNS (USDA) which impacts the ability of SRST to reimburse Contractor for any services provided under the Contract, SRST reserves the right to suspend the Contract, without penalty or adjustment to the contract price, for not more than thirty (30) days.

A.21. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

1. By submission of this proposal each Proposer certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, that in connection with this procurement: a. The prices in this proposal have been arrived at independently, without

consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Proposer or with any competitor;

b. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the Proposer prior to opening, directly or indirectly to any other Proposer or to any competitor; and

c. No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

2. Each person signing the Invitation to Bid form of this proposal certifies that: He/she is the person in the Proposer’s organization responsible within that organization for the decision as to the prices being offered herein and that he/she has not participated, and will not participate, in any action contrary to 1(a) through (1)(c) above; or he/she is not the person in the Proposer’s organization responsible within that organization for the decision as to the prices being offered herein but that he/she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above, and as their agent does hereby so certify; and he/she has

not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above.

3. A proposal will not be considered for award where (1) (a), (1) (c), or (2) above has been deleted or modified. Where (1)(b) above has been deleted or modified, the proposal will not be considered for award unless the Proposer furnishes with the proposal a signed statement which sets forth in detail the circumstances of the disclosure and the head of the agency, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

A.22. CONFLICTS OF INTEREST

The Proposer agrees that during such time that they are retained by SRST, the Proposer and its agents will not engage in any activity which creates a conflict of interest with the project.

A.23. TAXES

The SRST, as purchaser, is exempt from all federal taxes under the Internal Revenue Code and Section 501 (c) (4). The SRST Federal Tax Exemption number is 450220519.

A.24. ASSIGNMENT

Except for assignment of antitrust claims, neither party to any resulting contract may assign any portion of the agreement without the prior written consent of the other party.

A.25. CONTRACTOR IS NOT AN EMPLOYEE

The Proposer and its agents and employees are independent of SRST, NATIONS, and any of the Tribal entities represented by NATIONS. The awarded Proposer will be performing professional services for the SRST and will not be employees of the SRST. There will be no be accrual of leave, retirement, insurance, bonding, use of SRST vehicles, or any other benefits afforded to employees of the SRST as result of this proposal. There will be no employee benefits occurring as a result of this proposal, such as insurance coverage provided by the SRST participation in the SRST retirement system; accumulation of vacation leave, or sick leave. There will be no withholding of taxes by the SRST.

A.26. SRST NOT LIABLE

The SRST assumes no liability for any accident or injury that may occur to the Proposers. Once an award has been made, SRST assumes no liability for any accident or injury that may occur to the Contractor, his or her agents, dependents or personal property while en route to or from the SRST or any other sites as required or during any travel mandated by the of the terms for the final contract. The SRST shall not be liable to for any work performed by the Proposers prior to the award and approval of a contract by the SRST and hereby expressly waives any and all claims for service performed in expectation of an awarded contract prior to its approval by the SRST.

A.27. RISK OF LOSS

The Contractor assumes all risk of personal injury, and all risk or damage to or loss of personal property furnished by the Contractor, unless caused by negligence or gross misconduct of the SRST or its employees.

A.28. LIABILITY

The Contractor will assume responsibility for its personnel providing services hereunder and will make all deductions for social security and withholding taxes and for contributions for employment compensation funds and shall maintain at the contractor’s expense all necessary insurance for its employees including but not limited to Workers Compensation and liability insurance for each of them.

A.29. PAYMENT OF TAXES

The contractor will be responsible for the payment of taxes from the funds received by it under the final contract and shall be the Contractor’s obligation and shall be identified under the Contractor’s actual federal tax identification number(s).

A.30. INDEMNIFICATION

SRST and Contractor agree that Contractor is an independent contractor and not an employee of SRST or NATIONS or of any of the Tribal entities represented by NATIONS. Contractor shall indemnify, save and hold harmless SRST, NATIONS, their employees and agents, against any and all claims, damages liability, and court awards including costs, expenses, and attorney fees incurred as a result of the negligent action or willful omission of Contractor or its employees, agents, subcontractors, or assignees in performance of the services under the Contract. Contractor shall not be liable for the negligent action or willful omission of SRST, its employees, agents and subcontractors.

A.31. VENUE

The laws of the SRST, Fort Yates, ND, U.S.A. shall govern in connection with the formation, performance and the legal enforcement of any resulting contract. Any dispute arising out of any resulting contract, if not amicably resolved, shall be litigated in Standing Rock Sioux Tribal Court.

A.32. PROTESTED SOLICITATIONS AND DISPUTES

All claims, protests, disputes and other matters in questions arising out of, or relating to, the RFP documents shall be resolved by the arbitration committee. The committee shall consist of 1 person from each of the ITOs in NATIONS. The awards rendered by the arbitration shall be final. Any judgment may be entered upon it in any court having jurisdiction thereof. Such claims must be received in writing. Proposer will receive written notification of the judgment.

A.33. SELECTION OF PROPOSAL

All Proposers will be notified in writing regarding the results of the RFP evaluation. Upon review and approval of the evaluation committee’s recommendation forward, the SRST WIC Program will issue a “Notice of Intent to Make an Award” letter to the apparent successful Proposer. A contract must be completed and signed by all parties concerned on or before the date indicated in the Schedule of Activities. If this date is not met, through no fault of the SRST, the SRST may elect to cancel the “Notice of Intent to Make an Award” Letter and, without penalty, make the award to the next most responsive Proposer.

A.34. AWARD OF CONTRACT

All proposals in response to this RFP will be evaluated, and a contract awarded, in a manner consistent with the evaluation criteria established in the RFP. SRST reserves the right to reject any or all proposals and to cancel this RFP at any time without penalty.

A.35. ACCEPTANCE OF PROPOSAL CONTENT

The contents of the proposal (including persons assigned to plan and manage the project) of the successful Proposer will become contractual obligations if acquisition action ensues. Failure of the successful Proposer to accept these obligations in a contract, purchase document, delivery order or similar acquisition instrument may result in cancellation of the award and such Proposer may be removed from future solicitations.

A.36. STANDARD CONTRACT:

The SRST reserves the right to incorporate standard SRST contract provisions (Special Provisions and General Provisions) into any contract resulting from this RFP as well as required Federal Provisions.

The ITOs represented in this RFP (NATIONS) are 100% federally funded for the administration of the WIC Program. Therefore all products and services procured by the NATIONS are subject to the provisions listed below.

USDA requires that all contracts include a signed “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions” form. These provisions and the USDA form are included as Appendix C.

The selected Contractor must abide by all Federal Procurement clauses also found in Appendix C and certify that no Federal funds will be used to lobby or influence a Federal officer or a Member of Congress. Upon award, the Contractor will be required to complete Standard Form – LLL, “Disclosure Form to Report Lobbying,” https://www.gsa.gov/forms-library/disclosure-lobbying-activities in accordance with its instructions. The Contractor agrees to comply with Federal and SRST statues including, Section 306 of the Clean Air Act, Section 580 of the Clean Water Act, and the Debarment Act.

https://www.gsa.gov/forms-library/disclosure-lobbying-activities

https://www.gsa.gov/forms-library/disclosure-lobbying-activities

A.37. ACCEPTANCE OF PROPOSAL SPECIFICATIONS IN CONTRACTUAL AGREEMENT

All contents of this RFP document, RFP addenda and revisions, and the successful proposal will be attached to and become a part of the eventual contract. Completion and submission of a RFP constitutes agreement with this provision by the Proposer.

A.38. RESTRICTION ON CONTACT WITH NATIONS REPRESENTATIVES/ EMPLOYEES

All telephone contacts and written correspondence to NATIONS concerning this RFP document should be directed to: Kimberly Rhoades, Standing Rock Sioux Tribe WIC Program Director, PO Box 437, 139 Proposal Avenue Fort Yates, ND 58538. Phone: 701-854-7263 FAX #: 701-854-7122 E-Mail: Standing Rock WIC; email address: [email protected].

Any other contacts with NATIONS representatives by Proposers employees, agents, or representatives regarding this RFP document are prohibited, unless approved by the Standing Rock Sioux Tribe WIC Program Director, from the date this RFP document is issued until an announcement by NATIONS of the successful Proposer. Violation of this prohibition may result in disqualification of the Proposer.

A.39. SRST OR ASSIGNED REPRESENTATIVE ACCESS TO THE CONTRACTOR'S PREMISES

For the purpose of assuring the contractor's compliance with the contract, the duly authorized agents or representatives of the SRST shall at all reasonable times be accorded access to the contractor's premises to inspect, audit, monitor or otherwise evaluate the performance of the contractor's activities. This access includes during the proposal review process for the purpose of verifying information required under this RFP document. If the SRST or Assigned Representative requests right of access, the contractor (or subcontractor) shall provide and make available staff to assist in the audit or inspection effort, and provide adequate space on the premises to reasonably accommodate SRST or assigned personnel conducting the audit or inspection effort. All inspections or audits shall be conducted in a manner which will not unduly interfere with the performance of the contractor's activities.

A.40. RECORDS RETENTION

The successful Proposer shall retain, preserve and make available upon request all eligibility forms, other forms, records and documents relating to the performance of its obligations as specified under the contract. The contractor shall retain such documents whether maintained in paper or in any other form along with their documentation for computer generated reports for a period of not less than three (3) years from the date of termination of the contract. Such access shall include the right to inspect, audit, and reproduce all such records and material and to verify reports furnished in compliance with the provisions of the contract.

mailto:[email protected]

Upon expiration of the three (3) year retention period, the subject records shall upon request be transferred to SRST’s possession. Records involving matters that are the subject of litigation shall be retained for a period of not less than three (3) years following the termination of litigation, if the litigation is not terminated within the normal retention period. No records shall be destroyed or otherwise disposed of without the prior written consent of the SRST before the end of the applicable retention period.

A.41. NOTICES

All notices required or contemplated under the contract shall be in writing and personally served on the other party or sent by certified mail return receipt requested. A notice served personally shall be deemed served on the date of service. Notices served by mail shall be deemed served on the date of receipt.

A.42. CONTRACT LIAISON

Liaison with NATIONS will be through Kimberly Rhoades, Standing Rock Sioux Tribe WIC Program, NATIONS Fiscal Lead, 139 Proposal Avenue, P.O. Box 437, Ft Yates, ND 58538, Phone: 701-854-7263, who will represent NATIONS’ interest in coordinating the contractor's requirements and responsibilities as outlined in this contract.

A.43. EFFECTIVE DATE, CONSTRUCTION, AND DEFINITION

1. Effective Date of Contract

The contract shall become effective when signed by authorized representatives for each part. By his/her signature, each signatory represents that he/she has all required legal right and power to perform all acts called for by this contract by the Standing Rock Sioux Tribe WIC Program.

2. Approval

The contract shall be subjected to approval by the USDA-FNS for expenditure of Federal funds under the contract, as required by applicable regulations.

3. Order of Precedence

In the event of any conflict between the provision of the contract, the incorporated provisions of the RFP, or the incorporated provisions of the proposal, the provisions of the contract shall prevail over the conflicting provisions of the RFP and of the proposal, and the provisions of the RFP shall prevail over conflicting provisions of the proposal. To the extent that any topic or issue is addressed in the contract, it shall be presumed, in the absence of convincing evidence elsewhere in the contract to the contrary, that the treatment given that topic or issue in the contract is exhaustive and exclusive. In no event however, shall the mere absence in the contract of mention of a duty promised to be performed by the contractor or by SRST in the

proposal or required of the contractor or SRST in the RFP be used to negate the contractor's or NATIONS’ obligation to perform that duty.

4. Entire Agreement

The contract constitutes the entire agreement with respect to the subject matter hereof and there are no representations, understandings or agreements relative hereto which are not fully expressed herein. No change, waiver or discharge hereof shall be valid unless in writing and executed by the part against whom such change, waiver or discharge is sought to be enforced.

5. Construction

While the contract is intended to constitute the entire agreement between the parties with respect to the subject matter, in the event that there should be any ambiguity in the provisions of this contract, the parties agree that the following sequence of events shall guide in constructing the contract: The proposal was offered in response to the RFP, and the contract is in result of the ensuing negotiations.

A.44. CONTRACT TERM, EXTENSION, AND CONTINUANCE

1. Initial Contract Period - The initial contract for the Contractor shall, upon execution by both parties, become effective TBD and extend through TBD unless extended or terminated as provided within this RFP.

2. Extensions - There may be two (2) extensions at the discretion of NATIONS and the Standing Rock Sioux Tribe WIC Program, each of duration of one (1) year each. Such extensions of the contract will be at billing rates to be mutually agreed upon ninety (90) days prior to the effective date.

3. Continuance of the Contract - As required by Standing Rock Sioux Tribal Statutes, the contract must include the following provision: "continuance of the contract beyond the limits of funds available shall be contingent upon appropriation of the necessary funds, and the termination of the contract by lack of appropriations shall be without penalty, provided that Standing Rock Sioux Tribe WIC Program notifies the contractor of this situation immediately upon knowledge of its existence. The contractor shall be paid for all services provided up to the date of the Notification of Lack of Appropriation. The contractor shall not be obligated to provide any services hereunder for which funds necessary for compensation are not available."

A.45. CONTRACT MODIFICATION AND RENEGOTIATION

Except where mandated by a change in Tribal or Federal law, any modification to or amendment of the original contract requires the mutual written consent of the parties. Renegotiation of the contract may occur (a) in the event the laws of the Standing Rock Sioux Tribe or of the United States are amended or judicially interpreted as to render unfeasible the fulfillment of the contract on the part of either party or (b) if any Tribal or Federal statute or

implementing regulation promulgated pursuant thereto, or judicial interpretation hereof, should make it mandatory that the contractor furnish a category or amount of benefits or services in excess of those contemplated or considered in establishing the charges herein or (c) in order for the contract to be in conformity with Tribal or Federal law.

A.46. CONTRACTUAL DUTIES OF NATIONS

1. General Duties

Maintain an adequate administrative organizational structure of sufficient size, scope, and authority for the contractor to discharge its contractual obligations.

Notify the contractor, in writing, of individuals authorized, including their respective scopes of authority, to act on behalf of NATIONS.

Provide supervision of the NATIONS Project Manager, WIC MIS Contractor, eWIC Contractor, and Contractor including verification of adherence to contractor obligations and operating performance. Reports of performance evaluations may be furnished to the contractor for comment and a NATIONS Statement of corrective action, if applicable.

Issue, in writing and in a timely manner, all policy determinations and operating guidelines that the contractor may, from time to time, request in order to properly perform its obligations. The contractor shall be entitled to rely upon and act in accordance with such policy determinations and operating guidelines and shall incur no liability for doing so.

Conduct meetings with the contractor(s) to discuss WIC Program and NATIONS Project changes, policy decisions, any discrepancies in the performance of either party hereto which the other considers material, and specific agenda items proposed by either NATIONS or the contractor.

Provide the contractor with all copies of current administrative regulations applicable to the performance of the contractor's duties and all additional regulations that may be promulgated from time to time during the term of the contract.

Provide timely notification to the contractor of all changes in federal and Tribal laws, rules or regulations, or the judicial interpretation of any such laws, rules, or regulations which can be reasonably expected to have an impact on the performance of this contract.

Maintain adequate liaison and cooperation with the contractor including providing timely management decisions and approvals of specifications, forms and procedures, to enable the contractor to properly perform its duties under this contract.

A.47. DUTIES OF THE CONTRACTOR(S)

1. General Duties

The contractor(s) will provide the services set forth in the Contract in a professional and workmanlike manner consistent with the typical standards of the industry.

a. Employment

The contractor(s) will not engage the services of any person or persons now employed by the Standing Rock Sioux Tribe nor, any of the WIC Tribal Agencies represented in NATIONS, including any department, commission or board thereof, without the written consent of the employer of such person or persons and of NATIONS.

b. Dual Employment

The contractor agrees to adhere to the terms of this contract that prohibits an individual, who is an employee of any of the tribes represented by NATIONS, or who is retained as a consultant full-time by NATIONS, from being retained as a consultant where the individual receives more than $5,000.00 in compensation. This prohibition applies only to individuals and does not include corporations or partnerships.

2. Operational Duties

The contractor agrees to perform all functions and duties as defined within this RFP.

3. Other Duties

a. No aspect of the contractor's duties shall be contingent upon NATIONS personnel or the availability of NATIONS resources with the exception of policy decisions, policy approvals, and exceptions stated in the contract or the RFP, and the normal cooperation which can be expected as a part of such a contractual relationship.

b. The contractor agrees to submit to NATIONS in writing, within three (3) days, of the contractor's knowledge of any occurrence or circumstance which constitutes a threat to the successful completion of the contractor's duties and responsibilities as defined in this RFP and the contract.

A.48. FISCAL SAFEGUARDS

1. Default

If SRST defaults in the payment of Federal funds to Contractor of charges for the execution of contractual responsibilities, the subsequent acceptance of such past due charges by Contractor, or any of its duly authorized agents, shall fully reinstate the Contract. Contractor shall not be considered to be in default of its obligations hereunder so long as it is prevented from performing such obligations by a catastrophic natural event or unforeseen circumstance.

2. Non-Assignability

Neither the benefits nor the burdens of the Contract may be assigned or delegated by Contractor either in whole or in part without the written the consent of NATIONS.

3. Patent or Copyright Infringement

a. The contractor will defend, at its expense, any claim or suit which may be brought against the Standing Rock Sioux Tribe WIC Program or any of the tribal entities represented in NATIONS of any equipment, materials or information prepared or developed in connection with the performance of the contract and in any suit the contractor will satisfy any final judgment for such infringement. NATIONS will give the contractor written notice of such claim or suit, and full right and opportunity to conduct the defense thereof, together with full information and all reasonable cooperation.

b. If principles of governmental or public law are involved, the Standing Rock Sioux Tribe WIC Program working on behalf of NATIONS may participate in the defense of any such action, but no costs or expense shall be incurred against the contractor without the contractor's written consent.

c. If, in Contractor’s opinion, the equipment, materials, or information mentioned in paragraph a. above is likely to or does become the subject of a claim of infringement of a United States patent or copyright, without diminishing Contractor’s obligation to satisfy any final award, Contractor may, with NATIONS written consent, substitute other equally suitable equipment, materials and information, or at Contractor’s option and expense, obtain the right for NATIONS to continue the use of such equipment, materials, and information.

5. Right to Publish

Contractor will be allowed to write and have such writing published, provided Contractor obtains written approval from NATION before publishing writings on subjects associated with the work under this Contract.

Appendix B – Federal Clauses

B.1. EQUAL EMPLOYMENT OPPORTUNITY

Executive Order 11246, entitled “Equal Employment Opportunity”, as amended by Executive Order 11375, and as supplemented by the Department of Labor Regulations (41 CFR Part 60): The Executive Order prohibits federal contractors and federally-assisted construction contractors and subcontractors who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. The Executive Order also requires Government contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.

B.2. CLEAN AIR ACT

The Clean Air Act, Section 306 stipulates:

No Federal agency may enter into any contract with any person who is convicted of any offense under section 113(c) for the procurement of goods, materials, and services to perform such contract at any facility at which the violation which gave rise to such conviction occurred if such facility is owned, leased, or supervised by such person. The prohibition in the preceding sentence shall continue until the Administrator certifies that the condition giving rise to such a conviction has been corrected. For convictions arising under section 113(c)(2), the condition giving rise to the conviction also shall be considered to include any substantive violation of this Act associated with the violation of 113(c)(2). The Administrator may extend this prohibition to other facilities owned or operated by the convicted person.

The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a).

In order to implement the purposes and policy of this Act to protect and enhance the quality of the Nation's air, the President shall, not more than 180 days after enactment of the Clean Air Amendments of 1970 cause to be issued an order (1) requiring each Federal agency authorized to enter into contracts and each Federal agency which is empowered to extend Federal assistance by way of grant, loan, or contract to effectuate the purpose and policy of this Act in such contracting or assistance activities, and (2) setting forth procedures, sanctions, penalties, and such other provisions, as the President determines necessary to carry out such requirement.

The President may exempt any contract, loan, or grant from all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption. The President shall annually report to the Congress on measures taken toward implementing the purpose and intent of this section, including but not limited to the progress and problems associated with implementation of this section. [42 U.S.C. 7606]

The President shall annually report to the Congress on measures taken toward implementing the purpose and intent of this section, including but not limited to the progress and problems associated with implementation of this section. [42 U.S.C. 7606]

B.3. CLEAN WATER ACT

The Clean Water Act, Section 309 stipulates:

No Federal agency may enter into any contract with any person who has been convicted of any offense under Section 309(c) of this Act for the procurement of goods, materials, and services if such contract is to be performed at any facility at which the violation which gave rise to such conviction occurred, and if such facility is owned, leased, or supervised by such person. The prohibition in preceding sentence shall continue until the Administrator certifies that the condition giving rise to such conviction has been corrected.

The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a) of this section.

In order to implement the purposes and policy of this Act to protect and enhance the quality of the Nation’s water, the President shall, not more than 180 days after the enactment of this Act, cause to be issued an order: requiring each Federal agency authorized to enter into contracts and each Federal agency which is empowered to extend Federal assistance by way of grant, loan, or contract to effectuate the purpose and policy of this Act in such contracting or assistance activities, and setting forth procedures, sanctions, penalties, and such other provisions, as the President determines necessary to carry out such requirement.

The President may exempt any contract, loan, or grant from all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption.

The President shall annually report to the Congress on measures taken in compliance with the purpose and intent of this section, including, but not limited to, the progress and problems associated with such compliance.

(1) No certification by a contractor, and no contract clause, may be required in the case of a contract for the acquisition of commercial items in order to implement a prohibition or requirement of this section or a prohibition or requirement issued in the implementation of this section.

(2) In paragraph (1), the term “commercial item” has the meaning given such term in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).

B.4. ANTI-LOBBYING ACT

The Anti-Lobbying Act prohibits the recipients of Federal contracts, grants, and loans from using appropriated funds for lobbying the Executive or Legislative branches of the Federal government in connection with a specific contract, grant, or loan. As required by Section 1352, Title 31 of the U.S. Code and implemented at 34 CFR Part 82 for persons entering into a grant or cooperative agreement over $100,000, as defined at 34 CFR Part 82, Section 82.105 and 82.110, the applicant certifies that:

No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement;

If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Confess in connection with this federal grantor o cooperative agreement, the undersigned shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

The undersigned shall require that the language of this certification be include in the award documents for all sub-awards at all tiers (including sub-grants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly.

B.5. AMERICANS WITH DISABILITIES ACT

This Act (28 CFR Part 35, Title II, Subtitle A) prohibits discrimination on the basis of disability in all services, programs, and activities provided to the public and State and local governments, except public transportation services.

B.6. DRUG FREE WORKPLACE STATEMENT

The Federal government implemented the Drug Free Workplace Act of 1988 in an attempt to address the problems of drug abuse on the job. It is a fact that employees who use drugs have less productivity, a lower quality of work, and a higher absenteeism, and are more likely to misappropriate funds or services. From this perspective, the drug abuser may endanger other employees, the public at large, or themselves. Damage to property, whether owned by this entity or not, could result from drug abuse on the job. All these actions might undermine public confidence in the services this entity provides. Therefore, in order to remain a responsible source for government contracts, the following guidelines have been adopted:

a) The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the work place.

b) Violators may be terminated or requested to seek counseling from an approved rehabilitation service.

c) Employees must notify their employer of any conviction of a criminal drug statue no later than five days after such conviction.

d) Although alcohol is not a controlled substance, it is nonetheless a drug. It is our policy that abuse of this drug will also not be tolerated in the workplace.

Contractors of federal agencies are required to certify that they will provide drug-free workplaces for their employees.

Transactions subject to the suspension/debarment rules (covered transactions) include grants, sub-grants, cooperative agreements, and prime contracts under such awards. Subcontracts are not included. Also, the dollar threshold for covered procurement contracts is $25,000. Contracts for Federally required audit services are covered regardless of dollar amount.

B.7. DEBARMENT AND SUSPENSION

As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR Part 85, for prospective participants in primary covered transactions, as defined at 34 CFR Part 85, Sections 85.105 and 85.110.

The applicant certifies that it and its principals:

a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;

b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

d) Have not within a three-year period preceding this application had one or more public transactions (federal, state, or local) terminated for cause or default.

Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

B.8. ROYALITY-FREE RIGHTS TO USE SOFTWARE OR DOCUMENTATION DEVELOPED

The federal government reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for federal government purposes, the copyright in any work developed under a grant, sub-grant, or contract under a grant or sub-grant or any rights of copyright to which a contractor purchases ownership.

Appendix C – Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions

This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989 Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction.

(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

(a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

(b) have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Organization Name PR/Award Number or Project Name

Name(s) and Title(s) of Authorized Representative(s) Signature(s) Date

Appendix D – Pricing

The Cost Proposal to be provided by the bidder has two primary sections. The first is the pricing for each deliverable as shown below in Table 5 – Cost Workbook, and the second is a narrative explaining the costs. Refer to Section 3.3.2 Description of Project Phases, which provides a description of the tasks and delineates the deliverables that will come from those tasks as they pertain to the QA Contractor, and to Section 7.3 Cost Proposal for instructions in preparing the Cost Workbook.

Table 5 – Cost Workbook

TASK #

TASK

One-time Costs

Monthly Costs

Total

COSTS

INITIATION & PLANNING

1 Monthly Progress Reports

2 QA Management Plan

TESTING

3 Integrated Test Plan

4 UAT Support

PILOT OPERATIONS

5 Pilot Support

ROLLOUT SUPPORT

6 Rollout Support

SUMMARY

Total Costs

Bidders should assume that the eWIC Implementation Project is a ten month project starting in the beginning of January, 2020. The project will be underway prior to the start of the contract with the QA Contractor.

Appendix E – Glossary

Acronym or Term Definition

APD Advance Planning Document

Business Day: Days of the work week including Monday – Friday

but excluding weekends and holidays; namely,

New Year’s Day, Martin Luther King Jr. Day,

President’s Day, Memorial Day, Independence

Day, Labor Day, Veterans’ Day, Thanksgiving

Day, the day after Thanksgiving Day, and

Christmas.

Contracting Agency Standing Rock Sioux Tribe is the contracting

agency

Electronic Benefits Transfer (EBT) Electronic Benefit Transfer (EBT) means a

method that permits electronic access to WIC

food benefits using a card or other access device

approved by the Secretary. WIC EBT is

synonymous with the term “eWIC”.

eWIC See definition for Electronic Benefit Transfer

(EBT)

eWIC Contractor Contractor that will configure and implement

their eWIC System to support the eWIC

requirements for NATIONS.

Executive Leadership Team (ELT) See NATIONS Executive Leadership Team (ELT)

Food and Nutrition Service (FNS) Administers the nutrition assistance programs,

including The WIC Program, of the U.S.

Department of Agriculture (USDA

ITO Indian Tribal Organization is considered a State

Agency in the Food and Nutrition Service, Special

Supplemental Nutrition Program for Women,

Infants and Children (WIC) Program. ITOs are

both State and Local Agencies. Although each of

the NATIONS ITOs share the same Management

Information System (MIS), EBT requirements

may vary between ITOs.

MOU Memorandum of Understanding

NATIONS A consortium of ten (10) Indian Tribal Agencies

which include the following Mountain Plains

Region WIC Indian Tribal Organizations:


Cheyenne River Sioux (SD); Eastern Shoshone

(WY) Northern Arapaho (WY): Omaha Nation

(NE); Rosebud Sioux (SD): Santee Sioux (NE):

Standing Rock Sioux (ND): Three Affiliated Tribes

(ND): Ute Mountain Ute (CO): and Winnebago

Tribes (NE).

NATIONS Executive Leadership

Team (ELT)

The leadership for NATIONS. The ELT includes

officials that are elected for two year terms and

includes the positions of Chair, Vice Chair, Fiscal

Officer, Secretary, and a full time Business

Analyst.

NATIONS Fiscal Lead Agency Standing Rock Sioux Tribe is the Contracting

Agency and Fiscal Agency on behalf of

NATIONS. The NATIONS Fiscal Officer holds a

position at the Standing Rock Sioux Tribe WIC

Program.

NATIONS Lead Agency Rosebud Sioux Tribe in the Lead Agency for the

project that provides the Chair for the NATIONS

Consortium. The NATIONS Chair provides direct

supervision of the QA Contractor and is

responsible for approving deliverables.

NATIONS Steering Committee Representatives from each of the 10 tribes sit on

the steering committee. This is the decision-

making body for the consortium. Each tribe has

one vote.

QA Contractor Individual or company whose proposal has been

accepted and is awarded a fully executed, written

contract to provide the services outlined in this

RFP to act as the QA Services Contractor during

implementation of the NATIONS eWIC System.

SRST Standing Rock Sioux Tribe

USDA United States Department of Agriculture

Vendor: Authorized WIC vendor/grocery store contracted

with one of the state agencies to redeem food

instruments in exchange for authorized WIC

foods

WIC Special Supplemental Nutrition Program for

Women, Infants, and Children


WIC MIS Contractor Contractor providing maintenance and

operational support for NATIONS WIC MIS –

WOW.

WIC on the WEB (WOW) The WIC MIS that all 10 NATIONS ITOs utilize for

administering the WIC Program. The NATIONS

MIS was developed by Three Sigma and is EBT

ready for online technology.

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