Department of Health WIC SERVICES BRANCH

235 SOUTH BERETANIA STREET, SUITE 701

HONOLULU, HAWAII 96813-2419

LEGAL AD DATE: November 24, 2017

REQUEST FOR PROPOSALS

No. RFP HTH-560-WIC-17-03

SEALED OFFERS

FOR

eWIC Implementation Project Manager (PM) Services

Hawaii Women, Infants and Children (WIC) Services Branch

Will be received up to 2:00 p.m. Hawaii Standard Time on

FEBRUARY 22, 2018

IN THE WIC SERVICES BRANCH, LEIOPAPA A KAMEHAMEHA BUILDING,

235 SOUTH BERETANIA STREET, ROOM 701, HONOLULU, HAWAII 96813-2419.

DIRECT QUESTIONS RELATING TO THIS SOLICITATION TO LORIE MIMURA,

TELEPHONE (808) 586-4774, FACSIMILE (808) 586-8189 OR E-MAIL AT

lorie.mimura@doh.hawaii.gov.

Linda Chock

Procurement Officer

Hawaii Department of Health

i RFP HTH-560-WIC-17-03

TABLE OF CONTENTS

Page

SECTION ONE: INTRODUCTION, TERMS, ACRONYMS AND KEY DATES 1

SECTION TWO: BACKGROUND AND SCOPE OF WORK 6

SECTION THREE: PROPOSAL FORMAT AND CONTENT 13

SECTION FOUR: EVALUATION CRITERIA 21

SECTION FIVE: CONTRACTOR SELECTION AND CONTRACT AWARD 22

SECTION SIX: SPECIAL PROVISIONS 28

SECTION SEVEN: ATTACHMENTS AND EXHIBITS 33

• Attachment 1: OFFER Form, OF-1

• Attachment 2: OFFER Form, OF-2

• Attachment 3: Certification of Compliance for Final Payment, SPO Form-22

• Attachment 4: Minimum Project Management Qualifications Form

• Attachment 5: Labor Rate by Hour/Position

• Exhibit A: Hawaii eWIC Implementation Advanced Planning Document

• Exhibit B: Contract Form AG-004 and General Conditions AG-008

• Exhibit C: Food and Nutrition Service Required Federal Provisions

• Exhibit D: FFATA Reporting Form

• Exhibit E: Federal Certifications

• Exhibit F: Overview of the RFP Process

• Exhibit G: Insurance Requirements Checklist

• Link: USDA Handbook 901 v2 https://www.fns.usda.gov/apd/fns-handbook-901-v2-advance-planning-documents-0

Link: Project Management Body of Knowledge (PMBOK)

https://www.pmi.org/pmbok-guide-standards

1 RFP HTH-560-WIC-17-03

SECTION ONE

INTRODUCTION, TERMS, ACRONYMS AND KEY DATES

1.1 INTRODUCTION

The Department of Health (DOH), Family Health Services Division (FHSD), Women,

Infants and Children (WIC) Services Branch desires to procure the services of a

dedicated Project Manager (PM) who will assist Hawaii WIC Services Branch by

providing project management oversight of the project. This contracting service is

needed to ensure the project proceeds without error, delay or interruption and is in

compliance with the United States Department of Agriculture (USDA), Food and

Nutrition Service (FNS) Handbook 901 v2, updated January 2017, which can be

obtained on the following Web site: https://www.fns.usda.gov/apd/fns-handbook-901-

v2-advance-planning-documents-0.

Hawaii WIC is soliciting proposals from organizations or individuals that are interested

in performing dedicated Project Manager Contractor services for the Electronic Benefits

Transfer (“EBT”) implementation of WIC electronic benefits (“eWIC”) for the Hawaii

WIC Program. The PM Contractor will work alongside the eWIC Independent

Verification & Validation (IV&V) Contractor. The IV&V Contractor will be procured

separately.

Anticipated Schedule of Activities

Hawaii eWIC implementation activities and tentative schedule is provided in Table 1.

The Table 1 schedule may be affected by acquisition activities, project funding, required

approvals and unanticipated delays in contract execution.

Table 1 – Tentative High-Level Project Schedule

Milestone/Activity Start End

USDA Approved Implementation

Advanced Planning Document

(“IAPD”) and Functional Requirements June 2017 June 2017

eWIC Services Provider

Negotiations/Contract execution April 2017 March 2018

Implementation Kick off and Planning October 2018 November 2018

User Acceptance Testing (UAT) / Pilot

Readiness April 2019 August 2019

Go/No Go Document Submitted to

USDA July 2019 August 2019

Pilot August 2019 December 2019

Pilot Evaluation Kickoff and

Go/No Go for Statewide Rollout November 2019 December 2019

Rollout January 2020 March 2020

Complete Rollout

March 2020

Closeout May 2020 June 2020

2 RFP HTH-560-WIC-17-03

1.2 CANCELLATION

The RFP may be cancelled and any or all proposals rejected in whole or in part, without

liability to the State, when it is determined to be in the best interest of the State. The

RFP and any or all proposals may be rejected if the State does not receive United States

Department of Agriculture (USDA) Food and Nutrition Service (FNS) funding required

to proceed with the project and subsequent contract.

1.3 TERMS AND ACRONYMS USED THROUGHOUT THE SOLICITATION

APD Advance Planning Document

ASO Administrative Services Office P.O. Box 3378, Honolulu, Hawaii 96801

Authorized

Product List

(APL)

The State Agency’s list of WIC authorized items. It is used for validation

by the Point of Sale during the EBT transaction process.

BAFO Best and Final Offer

CQuest “HiWIC” Transfer and Implementation Contractor system developer

CSC Hawaii’s banking contractor for processing “FI” and “CVC” transactions

Chip-and-PIN Chip-based bankcards and a mandatory PIN entry for use (i.e. Smartcard).

Clinic The location that the participant receives food benefits, nutrition education,

and health care referrals. It includes temporary and permanent locations.

CVC Certificate of Vendor Compliance – Hawaii Compliance Express

CVV Cash Value Voucher – a fixed-dollar amount check, voucher, electronic

benefit transfer (EBT) card or other document which is used by a participant

to obtain authorized fruits and vegetables. Cash-value voucher is also

known as cash-value benefit (CVB) in an EBT environment.

CPO Chief Procurement Officer

Day Calendar day unless otherwise indicated

DOH State of Hawaii Department of Health

EBT Electronic Benefit Transfer (EBT): is an electronic system that replaces

paper vouchers with a card for food benefit issuance and redemption at an

authorized WIC grocery store.

eWIC An electronic method that replaces paper vouchers with a card to access

WIC food benefits.

ECR Electronic Cash Register

ESC Executive Steering Committee

FI/CVV Food Instrument/Cash Value Voucher - a fixed-dollar amount check,

voucher, or other document which is used by a participant to obtain

authorized fruits and vegetables.

FNS United States Department of Agriculture Food and Nutrition Service

GC General Conditions issued by the Department of the Attorney General

HAR Hawaii Administrative Rules

HCE Hawaii Compliance Express

HiWIC Hawaii’s Transferred and Implemented MIS

HRS Hawaii Revised Statutes

HST Hawaii Standard Time

3 RFP HTH-560-WIC-17-03

IAPD Implementation Advance Planning Document

IS/IT Information System/Information Technology

IV&V Independent Verification & Validation Contractor that will assist Hawaii

WIC in the eWIC implementation.

LA Local Agency includes both state run and contracted providers

MIS Management Information System

National UPC

Database

(NUPC)

A national database that contains WIC approved products authorized in

WIC state agencies operating a WIC EBT system.

NTE Not to exceed value.

Offeror Any individual, partnership, firm, corporation, joint venture, or

representative or agent submitting an offer in response to this solicitation

One Card An EBT card that could be used to access multiple benefits (SNAP and

WIC).

Online An EBT system where payment is made with an EBT card (magnetic strip).

PAPD Planning Advance Planning Document

PM Project Manager that will assist Hawaii WIC in the eWIC implementation.

Point of Sale

(POS)

Refers to the capturing of data and customer payment information at a

physical location when goods or services are bought and sold. The POS

transaction is captured using a variety of devices which include computers,

cash registers, optical and bar code scanners, magnetic card readers, or any

combination of these devices.

Price Lookup

(PLU)

A four (4) or five (5) digit number that is often assigned to produce items.

The PLU for most produce items are often uniform across all retailers.

Procurement

Officer

Contracting officer for the State of Hawaii Department of Health

RFP Request for Proposals

SA State WIC Agency

State State of Hawaii, including each department and political subdivisions

Supplemental

Nutrition

Assistance

Program

(SNAP)

Formerly known as the Food Stamp Program. SNAP provides nutrition

assistance benefits to eligible low-income households that can be used to

purchase foods from authorized food retailers, thereby providing a food

security safety net. The SNAP program in Hawaii is administered by the

Department of Human Services.

SAM State Agency Model. Systems approved for transfer to other agencies with

minimal changes.

SOT State Office Tower, 235 South Beretania Street, Suite 701,

Honolulu, Hawaii 96813 – location of the WIC State Agency.

SWICH Serving Women, Infants and Children In Hawaii, WIC’s legacy MIS

T&I Transfer and Implementation

TIG Technical Implementation Guide

Universal

Product Code

(UPC)

An eight (8) or twelve (12) digit unique number that is assigned to nearly

every item found in grocery stores.

UAT User Acceptance Testing

USDA United States Department of Agriculture

4 RFP HTH-560-WIC-17-03

Vendor WIC Authorized Retail Store

WAN Wide Area Network

WSEA Western States EBT Alliance

WIC Special Supplemental Nutrition Program for Women, Infants and Children

1.4 RFP SCHEDULE AND SIGNIFICANT DATES

The schedule represents the State’s best estimate of the schedule that will be followed.

All times indicated is Hawaii Standard Time (HST). If a component of this schedule,

such as "Proposal Due Date/Time" is delayed, the rest of the schedule will likely be

shifted by the same number of days. Any change to the RFP Schedule and Significant

Dates shall be reflected in and issued in an addendum and posted to the State

Procurement Notices Website at: http://spo3.hawaii.gov/notices/notices.

The approximate schedule is as follows:

Release of Request for Proposals 11/24/2017

Due date to Submit Questions 12/08/2017

State’s Response to Questions 12/08/2017 - 12/29/2017

Proposals Due in Hawaii WIC Services Branch; time date

stamped by Hawaii WIC Services Branch and Opened

02/22/2018, 2:00 p.m.

(HST)

Discussions with Priority Listed Prospective Offerors

(if necessary)

TBD

Proposal Evaluations 02/26/2018 – 03/14/2018

Best and Final Offer (if necessary) TBD

Notice of Award 04/2018

Contract Start Date State’s Notice to Proceed

1.5 PRE-PROPOSAL CONFERENCE

A pre-proposal conference will not be held for this solicitation.

1.6 QUESTIONS AND ANSWERS PRIOR TO OPENING OF PROPOSALS

All questions shall be submitted in writing and emailed to Lorie Mimura, Contracts Unit,

Hawaii WIC Services Branch, lorie.mimura@doh.hawaii.gov, by the due date specified

in Section 1.4, RFP Schedule and Significant Dates, or as amended.

The State will respond to questions through Addenda by the date specified in Section 1.4,

RFP Schedule and Significant Dates, or as amended. Addenda shall be posted to The

State Procurement Notices website at http://spo3.hawaii.gov/notices/notices.

1.7 CONTACTS

For technical questions related to WIC information technology (IT), please contact:

5 RFP HTH-560-WIC-17-03

Gordon Chinen

WIC Information System Section Chief

(808) 586-8188

gordon.chinen@doh.hawaii.gov

For questions related to RFP format and contracting matters, please contact:

Lorie Mimura

Contracts Unit

(808) 586-4774

Lorie.mimura@doh.hawaii.gov

For questions related to Vendor Management, please contact:

Tim Freeman

Vendor Management Specialist IV

Vendor Management Unit

(808) 586-8392

Tim.freeman@doh.hawaii.gov

1.8 MAILING INSTRUCTIONS

Deadline for all proposals received at SOT is 2:00p.m. (HST), February 22, 2018. See

Section 3.11.2 of this RFP.

Mail Proposals to:

235 South Beretania Street, Suite 701

Honolulu, Hawaii 96813

Attention: Contracts Unit

1.9 RESTRICTIONS

Combination contracts for Independent Verification & Validation (IV&V) Contractor and

Project Management (PM) shall not be allowed and submissions of proposals for both

eWIC IV&V and PM shall be accepted but the awarded contractor for eWIC IV&V shall

not be the same as the awarded contractor for eWIC PM.

1.10 eWIC INDEPENDENT VERIFICATION & VALIDATION CONTRACTOR

(IV&V)

A dedicated eWIC IV&V Contractor will be acquired through a separate RFP solicitation.

6 RFP HTH-560-WIC-17-03

SECTION TWO

BACKGROUND AND SCOPE OF WORK

2.1. PROJECT OVERVIEW AND HISTORY

The Special Supplemental Nutrition Program for Women, Infants and Children (WIC) is

a 100% federal funded nutrition program administered under an agreement between each

geographic state or Indian Tribal Organization and the United States Department of

Agriculture (USDA), Food and Nutrition Service (FNS). The Department of Health

(DOH) is Hawaii’s designated State Agency (SA). Hawaii WIC serves approximately

30,000 eligible participants in 19,000 households each month who receive Food

Instruments (FI) and Cash Value Vouchers (CVV) for transacting at over 136 vendors

(WIC authorized retail grocers).

The WIC Services Branch administers 16 local agencies (LAs) to provide the delivery of

services to participants. Hawaii WIC contracts with a pharmacy for the purchase of

home and LA delivery and/or shipping of special infant formula and medical nutritionals.

Special formula and medical nutritionals are ordered through a call center located on

Oahu. Clients pick up medical nutritionals at one of Contractor’s locations located

throughout the state, on nearly all islands to pick up the specialty formula and medical

nutritionals. Hawaii WIC expects this vendor or similar future vendor(s) to be paid by

EBT card transaction at the time of purchase.

The 2010 authorization of the Healthy Hunger-Free Kids Act mandates that all states

implement eWIC by October 2020. eWIC provides the ability to issue benefits

electronically to WIC participants, eliminating the need for issuance of paper WIC

checks, also known as FIs or CVVs. When eWIC is implemented, the HiWIC MIS

system must interface with the selected eWIC system(s) and together they must provide

the functions and interfaces to outside systems necessary to issue, redeem, and settle WIC

benefits electronically.

Hawaii WIC is a member of the Western States EBT Alliance (WSEA) in conjunction

with WSEA, DOH has awarded a contract to Fidelity Information Services, LLC (FIS)

for provision of eWIC services. The WSEA coalition includes the states of Alaska,

Arizona, Colorado, Guam, Hawaii, Idaho, Nebraska, and Wyoming. FIS was selected as

the winning bidder of the procurement. Their proposal provided cost information for the

system components, hardware, software, interfaces, transaction processing, card

production, cardholder and retailer customer service, as well as other services necessary

for eWIC implementation and operation. The State WIC contracts with FIS are in the

early stages of execution. Department of Human Services contracts separately with FIS

for SNAP.

Currently, enrolled WIC participants receive between one (1) to ten (10) FIs and/or

CVVs, as determined by WIC LAs on a monthly, bi-monthly, or tri-monthly basis.

Authorized representatives use FIs and/or CVVs to buy specific foods in specific

quantities. CVVs have fixed values at $4, $8, $11, or $16.50 to eligible participants and

7 RFP HTH-560-WIC-17-03

are used to purchase fruits and vegetables at WIC authorized retail vendor. The Vendor

is a grocery store that has an agreement with Hawaii WIC to provide approved foods.

Hawaii WIC currently has 136 Vendor Agreement that are effective for a period of three

(3) years.

Hawaii WIC implemented a new Management Information System (“MIS”) called

“HiWIC”, rollout was completed May 31, 2017 and is now ready for final modifications

to convert to issuing EBT benefits to WIC participants. WIC Services Branch has

contracted cQuest, as the developer of HiWIC to provide MIS system support as well as

any development required for enhancements to the system.

2.2 SCOPE OF WORK

A. eWIC Project Manager (PM)

A dedicated eWIC PM will provide management and oversight of the project.

The eWIC PM will, with Executive Steering Committee (ESC) approval, have the

authority to make decisions determining the operation, order, and management of

the project including the prioritization of cost, schedule, scope, and quality. The

work is not anticipated to require full time support and it is assumed that the

percentage of time spent on the project by the PM Contractor will fluctuate over

the life of the project.

The eWIC PM Contractor will be responsible for day to day eWIC project related

resource management, change management assistance, assistance with all project

coordination activities between the FIS contractors, cQUEST, Independent

Verification & Validation (IV&V) Contractor and the State Agency (SA) as well

as reporting to the WIC Director, Section and Unit Chiefs. While the PM is not

required to be onsite full time, it is anticipated that they will be onsite frequently

to work with State WIC staff, the contractors and the project stakeholders. The

ideal candidate will be a certified Project Management Professional (PMP), have

prior project management experience with projects of similar scope and

complexity. It is also desired, but not required that they have prior EBT or eWIC

experience.

B. Deliverables – Project Manager Requirements

Table 2

1. Status Reports

2. Consolidated Deliverable Comments

3. Integrated Communications Plan

4. Change Management Plan

5. Integrated Project Management Work Plan and Schedule

6. Deliverable Review Comments

7. Meeting Minutes

8. Action Items List

8 RFP HTH-560-WIC-17-03

9. Risk Management Plan

10. Other documents as determined necessary in the management of the

project such as memos, USDA quarterly and annual reports for submittal

to USDA FNS and documentation of research or recommendations.

The eWIC PM Contractor shall provide the following:

1. Project Management Plan – A draft shall be submitted to the WIC Director

within three (3) weeks of execution of the eWIC PM contract. Vendor

Management Unit Head will be the liaison for developing this plan

utilizing the Hawaii eWIC Project IAPD (see Exhibit A).

In conjunction with the Executive Steering Committee, the eWIC PM

Contractor shall:

a) Be responsible for all aspects of managing the project;

b) Create a project management plan and provide input and guidance.

Any project management plan development shall consider the

technical and business needs of all stakeholders;

c) Develop WIC programmatic project milestones, work plans,

resource allocations, and report on requirements on behalf of the

Hawaii WIC Program;

d) Prepare and submit monthly project status reports to WIC Director;

e) Schedule and facilitate meetings and teleconference calls with

stakeholders;

f) Provide oversight of the plan implementation and status;

g) Serve as project manager for the implementation of eWIC and

assure management processes are followed and risk mitigation

plans are identified and executed;

h) Manage State project staff activities associated with the project;

i) Manage stakeholder engagement;

j) Review and submit contractor deliverables to WIC Director for

approval;

k) Review contractor invoices for agreement with requirements;

l) Maintain project document SharePoint repository; and

m) Represent project at meetings on behalf of the agency.

2. Planning Phase

a) Organize project and assigned state staff, Vendors, and Clinic

Coordinators;

b) Initiate communications with stakeholders;

c) Support contracting activities;

d) Develop additional plans as needed/update existing plans as

needed; and

e) Plan for project initiation.

9 RFP HTH-560-WIC-17-03

3. Implementation Planning Phase

a) Plan and facilitate project initiation meeting;

b) Participate in requirements validation sessions;

c) Consolidate deliverable review and comments;

d) Monitor MIS eWIC functionality;

e) Monitor interface MIS eWIC development;

f) Support FIS in the facilitation of vendor enablement activities;

g) Facilitate stakeholder work groups for implementation planning

areas such as for clinic readiness; and

h) Oversee and provide guidance for additional UPC collection (as

needed).

4. Testing

a) Schedule and facilitate UAT activities; and

b) Upon Executive Steer Committee approval, prepare pilot go/no go

decision document for submittal to USDA FNS.

5. Implementation

a) Assist in scheduling of training at clinics;

b) Monitor training activities;

c) Support pilot preparation;

d) Monitor and support pilot operations;

e) Review and participate in approval of pilot evaluation;

f) Prepare rollout go/no go decision;

g) Support rollout preparation; and

h) Monitor and support rollout operations.

6. Develop/Execute Project Change-Management Plan

a) Ensure that changes to the baseline project plan are analyzed and

necessary for the project scope and deliverables;

b) Log all requests and facilitate the review and approval process for

all system change requests;

c) Track and manage the scope, budget, and quality of changes in

regards to meeting the timeline, being under budget and adhering

to defined quality standards;

d) Confirm that all identified system change-management items are

documented, including cost, schedule, and resource impacts; and

e) Track the progress and completion of all system change-

management items.

10 RFP HTH-560-WIC-17-03

7. Manage the USDA-FNS Review, Approval, and Reporting Requirements

a) Prepare agendas and minutes of USDA-FNS meetings and

conference calls;

b) Participate in USDA-FNS meetings and conference calls;

c) Prepare annual Implementation Advance Planning Document

Update (“IAPDU”) reports for WIC Director review prior to

submittal to USDA-FNS;

d) Prepare and submit go/no-go assessments and recommendations

after the User Acceptance Testing (UAT) pilot and evaluation;

e) Respond to USDA-FNS requests for information pertaining to the

HI eWIC project; and

f) Prepare quarterly EBT Tech Grant reports for submittal to WIC

Director.

8. Project Close Out

a) Ensure SharePoint repository contains final documentation;

b) Compile lessons learned;

c) Document that the risk management plan was completed;

d) Document project actual expenses compared to budget;

e) Support IAPD close out activities;

f) Complete knowledge transfer to State ongoing eWIC coordinator;

and

g) Facilitate and document the project closeout meeting.

C. Support to the Hawaii WIC Program

The eWIC PM Contractor shall provide support and guidance to Hawaii WIC

Services Branch. This includes (but is not limited to); supplying agendas for

meetings, arranging meetings and conference calls, compiling and distributing

minutes, maintaining documentation, and cooperating with Hawaii WIC to fulfill

any new and/or special federal requirements. The eWIC PM Contractor shall also

act to identify best practices and risks to ensure the projects remain on schedule

and within budget. The eWIC PM Contractor shall identify items which could

cause failure, mitigate risks and alert management to risks according to the

change/risk management process proposal. The eWIC PM Contractor shall also

work closely with eWIC Service Provider, FNS, State users, authorized WIC

vendors, banking service providers, and other stakeholders.

For these requirements to be effectively fulfilled, work space for one (1) eWIC

Project Manager Contractor shall be provided by Hawaii WIC on-site at the WIC

SA office as needed. Hawaii WIC requires that Offeror describe their on–site

schedule in their proposal.

11 RFP HTH-560-WIC-17-03

D. Provide and Maintain Project Documentation

The eWIC PM Contractor shall use a document repository designated by the State

of Hawaii, which is likely a Department of Health SharePoint site, over the life of

the contract.

E. Project Management Deliverables

The eWIC PM Contractor shall provide the following deliverables:

a) Weekly status report(s) to the WIC Director. The Status Reports shall

provide a clear understanding that clearly outlines the progress of the prior

week to include, but not limited to:

1) Activities completed during the past week;

2) Activities that will be undertaken over the coming week or

continued from the previous week;

3) Status of hardware and materials ordered and delivered;

4) Status of WIC retailer enablement;

5) MIS Contractor and eWIC Service Provider Contract performance;

and

6) Risk assessment and mitigation strategy.

b) Consolidated Deliverable Comments for Deliverables in Table 2;

c) Integrated Communications Plan;

d) Scope Change Management Plan for project scope;

e) Integrated Project Management Plan and Schedule due within three (3)

weeks of awarding of PM contract;

f) Deliverable Review Comments for Deliverables in Table 2;

g) Meeting Minutes;

h) Action Items List;

i) Risk Management Plan;

j) Quarterly EBT Tech Grant reports to WIC Director;

k) Submit completed WIC EBT Advanced Planning Document (APD)

Annual Update Report; and

l) Other documents as determined necessary in the management of the

project such as memos and documentation of research or

recommendations.

2.3 HAWAII DEPARTMENT OF HEALTH, WIC SERVICES BRANCH

RESPONSIBILITIES

Executive Steering Committee (ESC)

The State’s ESC will be responsible for the oversight of the eWIC implementation

project and the approval and acceptance of all contractor deliverables. The ESC will be

made up of the following State staff members:

12 RFP HTH-560-WIC-17-03

WIC Services Branch Chief

DOH, Health Information Systems Officer (“HISO”) Chief

WIC Services Branch, Information Technology Section Chief

WIC Services Branch, Program Support Section Chief

WIC Services Branch, Clinic Operations Section Chief

WIC Services Branch, Administrative Services Section Chief

WIC Services Branch Vendor Management Unit Head

WIC Services Branch Chief will serve as the State’s ESC Chair and Project Executive,

WIC Services Branch Vendor Management Unit Head, will serve as lead vendor liaison

and WIC Services Branch IT Chief will serve as lead technical liaison between the ESC

and eWIC PM Contractor.

In addition to the above, the State's Executive Steering Committee shall be responsible

for the following:

1. Providing oversight of the project in terms of monitoring a) the contract, b) the

eWIC PM Contractor, c) the IV&V Contractor and d) the eWIC Services

Provider;

2. Reviewing and accepting the deliverables for the WIC Program;

3. Determining if the project is on schedule, and if not, determine the cause and

make appropriate adjustments;

4. Monitoring the expenditures that have been made, ensure adequacy of project

funding, and maintain the project budget schedule;

5. Monitoring contract and prepare contract modifications; and

6. Submitting project reports to the USDA FNS and attend required meetings.

2.4 TERM OF CONTRACT

This is a multi-term contract solicitation that has been deemed to be in the best interest of

the State by the Director of the State of Hawaii Department of Health. The initial term of

the contract shall be for one (1) year period starting on the official commencement date

of the State’s Notice to Proceed.

Unless terminated, the PM Contractor or the State may extend the term of the contract for

additional two (2) twelve (12) month period or portions thereof without the necessity of

re-soliciting, upon mutual agreement in writing at least sixty (60) days prior to the

expiration of the contract. The contract price paid to the Contractor for the extended

period shall remain the same or as described in the offer.

2.5 CONTRACT ADMINISTRATOR

For the purposes of this contract, Linda Chock, WIC Services Branch Chief, is designated

the Contract Administrator.

13 RFP HTH-560-WIC-17-02

SECTION THREE

PROPOSAL FORMAT AND CONTENT

3.1 OFFEROR’S AUTHORITY TO SUBMIT AN OFFER

The State will not participate in determinations regarding an Offeror's authority to sell a

product or service. If there is a question or doubt regarding an Offeror's right or ability to

obtain and sell a product or service, the Offeror shall resolve that question prior to

submitting an offer.

The evaluation process must be manageable and effective. There is no intention to limit

the content of a proposal, and the Offeror may include additional information if so

desired. The Offeror shall prepare a written proposal, in a narrative format, that will fully

describe the services and compensation schedule the Offeror proposes in response to this

RFP. Offeror shall include all the information requested in this RFP in the order

specified.

3.2 REQUIRED REVIEW

3.2.1 Before submitting a proposal, each Offeror must thoroughly and carefully

examine this RFP, any attachment, addendum, and other relevant document, to

ensure Offeror understands the requirements of the RFP. Offeror must also

become familiar with State, local and Federal laws, statutes, ordinances, rules, and

regulations that may, in any manner, affect cost, progress, or performance of the

work required.

3.2.2 Should Offeror find defects and questionable or objectionable items in the RFP,

Offeror shall notify the Hawaii WIC Services Branch in writing prior to the

deadline for written questions as stated in the RFP Schedule and Significant

Dates, as amended. This will allow the issuance of any necessary corrections

and/or amendments to the RFP by addendum, and mitigate reliance of a defective

solicitation and exposure of proposal(s) upon which award could not be made.

3.3 PROPOSAL PREPARATION COSTS

Any and all costs incurred by the Offeror in preparing or submitting a proposal shall be

the Offeror’s sole responsibility whether or not any award results from this RFP. The

State shall not reimburse such costs.

3.4 TAX LIABILITY

3.4.1 Work to be performed under this solicitation is a business activity taxable under

HRS Chapter 237, and if applicable, taxable under HRS Chapter 238. Contractor

Bank is advised that they are liable for the Hawaii General Excise Tax (GET) at

the current 4.5% for sales made on Oahu, and at the 4% rate for the islands of

14 RFP HTH-560-WIC-17-03

Hawaii, Maui, Molokai, and Kauai. If, however, an Offeror is a person exempt by

the HRS from paying the GET and therefore not liable for the taxes on this

solicitation, Offeror shall state its tax exempt status and cite the HRS chapter or

section allowing the exemption.

3.4.2 Federal I.D. Number and Hawaii General Excise Tax License I.D. Offeror shall

submit its current Federal I.D. No. and Hawaii GET License I.D. number in the

space provided on Offer Form, page OF-1, thereby attesting that the Offeror is

doing business in the State and that Offeror will pay such taxes on all sales made

to the State.

3.5 PROPERTY OF STATE

All proposals become the property of the State of Hawaii.

3.6 CONFIDENTIAL INFORMATION

3.6.1 If an Offeror believes that any portion of a proposal, offer, specification, protest,

or correspondence contains information that should be withheld from disclosure

as confidential, then the Offeror shall inform the Procurement Officer named on

the cover of this RFP in writing and provided with justification to support the

Offeror’s confidentiality claim. Price is not considered confidential and will not

be withheld.

3.6.2 An Offeror shall request in writing nondisclosure of information such as

designated trade secrets or other proprietary data Offeror considers to be

confidential. Such requests for nondisclosure shall accompany the proposal, be

clearly marked, and shall be readily separable from the proposal order to facilitate

eventual public inspection of the non-confidential portion of the proposal.

3.7 EXCEPTIONS

Should Offeror take any exception to the terms, conditions, specifications, General

Conditions or other requirements listed in the RFP, Offeror shall list such exceptions in

this section of the Offeror’s proposal. Offeror shall reference the RFP section where

exception is taken, a description of the exception taken, and the proposed alternative, if

any. The State reserves the right to accept or not accept any exceptions.

No exceptions to statutory requirements of the AG General Conditions shall be

considered.

3.8 PROPOSAL OBJECTIVES

3.8.1 One of the objectives of this RFP is to make proposal preparation easy and

efficient, while giving Offerors ample opportunity to highlight their proposals.

The evaluation process must also be manageable and effective.

15 RFP HTH-560-WIC-17-03

3.8.2 Proposals shall be prepared in a straightforward and concise manner, in a format

that is reasonably consistent and appropriate for the purpose. Emphasis will be on

completeness and clarity and content.

3.8.3 When an Offeror submits a proposal, it shall be considered a complete plan for

accomplishing the tasks described in this RFP and any supplemental tasks the

Offeror has identified as necessary to successfully complete the obligations

outlined in this RFP.

3.8.4 The proposal shall describe in detail, the Offeror’s ability and availability of

services to meet the goals and objectives of this RFP as stated in Section 2.2

Scope of Work.

3.8.5 Offeror shall submit a proposal that includes an overall strategy, timeline and plan

for the work proposed as well as expected results and possible shortfalls.

3.9 PROPOSAL FORMS

3.9.1 To be considered responsive, the Offeror’s proposal shall respond to and include

all items specified in this RFP and any subsequent addendum. Any proposal

offering any other set of terms and conditions that conflict with the terms and

conditions providing in the RFP or in any subsequent addendum may be rejected

without further consideration. Offerors proposals must include all completed

forms in Section 7 of this RFP.

3.9.2 Offer Form, Page OF-1. Offer Form, OF-1 is required to be completed using

Offeror’s exact legal name as registered with the Department of Commerce and

Consumer Affairs, if applicable, in the appropriate space on Offer Form, OF-1

(Section 7, Attachment 1). Failure to do so may delay proper execution of the

Contract.

The Offeror’s authorized signature on the Offer Form, OF-1 shall be an original

signature in blue ink, which shall be required before an award, if any, can be

made. The submission of the proposal shall indicate Offeror’s intent to be bound.

3.9.3 Offer Form, Page OF-2. Pricing shall be submitted on Offer Form OF-2 (Section 7,

Attachment 2). The price shall be the all-inclusive cost, including the GET, to the

State. No other costs will be honored. Any unit prices shall be inclusive.

a. Besides the project’s proposed total cost, the Offeror shall also provide an

itemized budget based upon the following ten (10) deliverables:

1) Status Reports;

2) Consolidated Deliverable Comments;

3) Integrated Communication Plans;

4) Change Management Plan;

5) Integrated Project Management Work Plan and Schedule;

16 RFP HTH-560-WIC-17-03

6) Deliverable Review Comments;

7) Meeting Minutes;

8) Action Items List;

9) Issues List; and

10) Other documents as determined necessary in the management of

the project such as memos and documentation of research or

recommendations.

b. Miscellaneous Expenses:

1) Travel, either inter-island or mainland

2) Lodging (if applicable)

Travel and Lodging costs shall be in accordance with GC paragraph

number 16, attached to the RFP as Exhibit B.

Payments to the successful Offeror shall be based upon deliverables listed

above; however, the exact dates for payment may be subject to

negotiations.

3.9.4 Minimum PM Qualifications Form. Offerors’ ability to meet the minimum

qualifications as described in Section 3.10 must be submitted on the Minimum

PM Qualifications Form (Section 7, Attachment 4).

3.9.5 Labor Rate Form. Contract may be extended for time, or time and money. (See

Section 7, Attachment 5).

3.9.6 Budget

Proposals that fail to provide a cost for every deliverable in the Cost Proposal

Form shall be considered non-responsive.

Proposals should factor into this budget all overhead to complete this project,

including, travel, airfare, lodging, vehicle rental, and other incidental expenses

necessary to conduct official business.

For budgeting purposes, the contractor shall plan on visits to vendors in the

following community areas: the islands of Oahu, Maui, Lanai, Molokai, Kauai

and the island of Hawaii. The final list of vendors will be negotiated with the

ESC.

Once awarded, successful Offeror shall submit a payment schedule for review and

approval by Hawaii WIC. Approved payment schedule shall be included in

Contract.

17 RFP HTH-560-WIC-17-03

3.10 Minimum PM Qualifications

The successful Offeror must have a varied skill set and demonstrated capability or

experience working with governmental, financial or health care projects. Understanding

of project management and project planning is essential, including knowledge eWIC

Management Information Systems and regulations. The successful Offeror must have a

track record of involvement in successful on-time, on-budget delivery of projects. The

Offeror should have experience in project management, planning and working with WIC

systems.

The successful Offeror must meet the following minimum prior experience requirements

to be considered for further evaluation:

1. Five (5) years of Project Management experience, for projects of similar size and

scope, one (1) of which must be in the last five years;

2. Preferred but not required, minimum three (3) years of WIC or SNAP Program,

including WIC MIS, experience within the last five (5) years; and

3. Knowledge or experience with eWIC project implementation.

Work space for one (1) eWIC Project Manager Contractor shall be provided on-site at the

State Office Tower. Any staffing changes proposed by the PM Contractor must meet

prior approval of the Contract Administrator.

An Offeror’s failure to meet these minimum prior experience requirements may cause

their proposal to be considered non-responsive and their proposal will be rejected.

Detailed evidence of meeting minimum prior experience must be shown in the experience

section of the Offeror’s proposal.

3.11 PROPOSAL CONTENTS

Offeror Proposals must:

3.11.1 Include a transmittal letter to confirm that the Offeror shall comply with the

requirements, provisions, terms, and conditions specified in this RFP.

3.11.2 Include one (1) original signed (in blue ink) Offer Form OF-1 and one (1) original

Proposal with four (4) copies of signed Offer form OF-1, and four (4) copies of

Proposal, with the complete name and address of Offeror’s firm and the name,

mailing address, telephone number, and fax number of the person the State should

contact regarding the Offeror’s proposal.

3.11.3 Provide all the information requested in this RFP in the order specified.

18 RFP HTH-560-WIC-17-03

3.11.4 If subcontractor(s) will be used, append a statement to the transmittal letter from

each subcontractor, signed by an individual authorized to legally bind the

subcontractor and stating:

a. The general scope of work to be performed by the subcontractor;

b. The subcontractor’s willingness to perform the indicated activities.

3.11.5 Be organized into sections following the exact format using all titles, subtitles,

and numbering, with tabs separating each section described below. Each section

must be addressed individually and pages must be numbered.

a. Transmittal Letter

Proposals shall also include the Offerors completed Offer Form OF-1; See

Section 7, Attachment 1.

b. Experience and Capabilities.

Proposals shall describe the Offeror’s qualifications for performing the

eWIC PM Contractor services. The Experience and Capabilities Section

must also include:

1) A complete, relevant, and current client listing. This client list

shall include the following information:

a) WIC or non-WIC related business;

b) Nature of the service provided, Project Manager

Contractor;

c) Length of time; start and end dates; including month and

year; and

d) Contact information of clients, and particularly, individuals

who have direct knowledge of Offeror’s work. This list

will be the primary reference listing used to evaluate

Offerors’ Experience and Capabilities.

2) The number of years Offeror has been in business and the number

of years Offeror has performed services specified by this RFP;

3) Listing of key personnel and associated resumes for those who will

be dedicated to this project;

4) A list of at least three (3) references from the Offeror’s client

listing that may be contacted by the State as to the Offeror’s past

and current job performance. Offeror shall provide names, titles,

organizations, telephone numbers, email and postal addresses;

5) A summary listing of judgments or pending lawsuits or actions;

adverse contract actions, including termination(s), suspension,

imposition of penalties, or other actions relating to failure to

perform or deficiencies in fulfilling contractual obligations against

your firm. If none, so state; and

19 RFP HTH-560-WIC-17-03

6) A list of samples of projects and/or examples of written plans and

schedules of projects similar to those described in this RFP.

c. Proposal including an overall strategy, timeline and plan.

d. A brief description of the Offeror’s proposed PM approach for eWIC

implementation including a description of relationship to the quality

assurance contractor, eWIC Services Provider and State.

e. Cost and Pricing Data including Labor Categories and associated hourly

rate of pay for Offeror’s proposed staff. (See Section 7, Attachment 5).

f. Pricing; See Section 7, Attachment 2, Offer Form OF-2.

g. Offeror’s exceptions to the State General Conditions or any portion of this

RFP (see Section 3.7).

3.12 RECEIPT AND REGISTER OF PROPOSALS

Proposals will be received and receipt verified by two or more procurement officials on

or after the date and time specified in Section 1.4, or as amended.

The register of proposals and proposals of the Offeror(s) shall be open to public

inspection upon posting of award pursuant to section 103D-701, HRS.

3.13 BEST AND FINAL OFFER (BAFO)

If the State determines a BAFO is necessary, it shall request one from the Offeror. The

Offeror shall submit its BAFO and any BAFO received after the deadline or not received

shall not be considered.

3.14 MODIFICATION PRIOR TO SUBMITTAL DEADLINE OR WITHDRAWAL OF

OFFERS

3.14.1 The Offeror may modify or withdraw a proposal before the proposal due date and

time.

3.14.2 Any change, addition, deletion of attachment(s) or data entry of an Offer may be

made prior to the deadline for submittal of offers.

3.15 MISTAKES IN PROPOSALS

3.15.1 Mistakes shall not be corrected after award of contract.

3.15.2 When the Procurement Officer knows, or has reason to conclude before award

that a mistake has been made, the Procurement Officer should request the

Offeror to confirm the proposal. If the Offeror alleges mistake, the proposal may

be corrected or withdrawn pursuant to this section.

3.15.3 Once discussions are commenced or after Best and Final Offers are requested,

any priority-listed Offeror may freely correct any mistake by modifying or

20 RFP HTH-560-WIC-17-03

withdrawing the proposal until the time and date set for receipt of best and final

offers.

3.15.4 If discussions are not held, or if the Best and Final Offers upon which award will

be made have been received, mistakes shall be corrected to the intended correct

Offer whenever the mistake and the intended correct Offer are clearly evident on

the face of the proposal, in which event the proposal may not be withdrawn.

3.15.5 If discussions are not held, or if the best and final offers upon which award will

be made have been received, an Offeror alleging a material mistake of fact

which makes a proposal non-responsive may be permitted to withdraw the

proposal if; the mistake is clearly evident on the face of the proposal but the

intended correct offer is not; or the Offeror submits evidence which clearly and

convincingly demonstrates that a mistake was made.

Technical irregularities are matters of form rather than substance evident from the

proposal document, or insignificant mistakes that can be waived or corrected without

prejudice to other Offerors; that is, when there is no effect on price, quality, or quantity.

If discussions are not held, or if best and final offers upon which award will be made

have been received, the Procurement Officer may waive such irregularities or allow an

Offeror to correct them if either is in the best interest of the State. Examples include the

failure of an Offeror to: return; the number of signed proposals required by the request

for proposals, sign the proposal, but only if the unsigned proposal is accompanied by

other material indicating the Offeror’s intent to be bound; or to acknowledge receipt of

an amendment to the request for proposal, but only if it is clear from the proposal that

the Offeror received the amendment and intended to be bound by its terms; or the

amendment involved had no effect on price, quality or quantity.

21 RFP HTH-560-WIC-17-03

SECTION FOUR

EVALUATION CRITERIA

4.1 INTRODUCTION

The award will be made to the responsible Offeror whose proposal is determined to be

the most advantageous to the State based on the evaluation criteria listed in this section.

Offeror:

RFP Number:

RFP Title:

Date:

Evaluated By:

Evaluation Criteria Maximum

Points

Qualifications:

Experience & Capabilities – references 15

Project Management experience 15

EBT Implementation experience 10

MIS Implementation experience 10

WIC Experience 5

Proposed Project Work Plan (high level w/schedule) 8

Offeror Interview: 15

Pricing and Budget:

Completeness of Budget 5

The proposal with the lowest proposed cost will receive the maximum

points allowed and is determined by applying the following formula:

Lowest price ÷ Offeror’s proposed price x 5 points = Financial points

5

Miscellaneous:

Completeness/Understanding of Project 5

Proposal Organization and Clarity 5

Offeror’s Business Organization 2

Total Maximum Points (100) Total Score

Comments:

______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

Recommend for Award Not Recommended for Award

22 RFP HTH-560-WIC-17-02

SECTION FIVE

CONTRACTOR SELECTION AND CONTRACT AWARD

5.1 EVALUATION OF PROPOSALS

The Procurement Officer, or an evaluation committee of at least three (3) qualified State

employees selected by the Procurement Officer, shall evaluate proposals. The evaluation

will be based solely on the evaluation criteria set out in Section 4 of this RFP.

Prior to holding any discussion, a priority list shall be generated consisting of offers

determined to be acceptable or potentially acceptable. However, proposals may be

accepted without such discussions.

If numerous acceptable and potentially acceptable proposals are submitted, the evaluation

committee may limit the priority list to the three highest ranked, responsible Offerors.

5.2 DISCUSSION WITH PRIORITY LISTED OFFERORS

The State may invite priority listed Offerors to discuss with their proposals to ensure

thorough, mutual understanding. The State in its sole discretion shall schedule the time

and location for these discussions, generally within the timeframe indicated in RFP

Schedule and Significant Dates. The State may also conduct discussions with priority

listed Offerors to clarify issues regarding the proposals before requesting Best and Final

Offers, if necessary.

5.3 AWARD OF CONTRACT

Method of Award. Award will be made to the responsible Offeror whose proposal is

determined to be the most advantageous to the State based on the evaluation criteria set

forth in the RFP.

5.4 RESPONSIBILITY OF OFFERORS

Offeror is advised that to be awarded a contract under this solicitation, Offeror will be

required, to be compliant with all laws governing entities doing business in the State

including the following chapters and pursuant to HRS §103D-310(c):

1. Chapter 237, General Excise Tax Law;

2. Chapter 383, Hawaii Employment Security Law;

3. Chapter 386, Worker’s Compensation Law;

4. Chapter 392, Temporary Disability Insurance;

5. Chapter 393, Prepaid Health Care Act; and

6. §103D-310(c), Certificate of Good Standing (COGS) for entities doing business

in the State.

23 RFP HTH-560-WIC-17-03

The State will verify compliance on Hawaii Compliance Express (HCE).

Hawaii Compliance Express. The HCE is an electronic system that allows

vendors/contractors/service providers doing business with the State to quickly and easily

demonstrate compliance with applicable laws. It is an online system that replaces the

necessity of obtaining paper compliance certificates from the Department of Taxation,

Federal Internal Revenue Service, Department of Labor and Industrial Relations, and

Department of Commerce and Consumer Affairs.

Vendors/contractors/service providers should register with (HCE) prior to submitting an

offer at https://vendors.ehawaii.gov. The annual registration fee is $12.00 and the

‘Certificate of Vendor Compliance’ is accepted for the execution of contract and final

payment.

Timely Registration on HCE. Vendors/contractors/service providers are advised to

register on HCE soon as possible. If a vendor/contractor/service provider is not

compliant on HCE at the time of award, an Offeror will not receive the award.

5.5 PROPOSAL AS PART OF THE CONTRACT

This RFP and all or part of the successful proposal may be incorporated into the contract.

5.6 PUBLIC EXAMINATION OF PROPOSALS

Except for confidential portions, the proposals shall be made available for public

inspection upon posting and execution of award pursuant to HRS §103D-701.

If a person is denied access to a State procurement record, the person may appeal the

denial to the office of information practices in accordance with HRS §92F-42(12).

5.7 DEBRIEFING

Pursuant to HAR §3-122-60, a non-selected Offeror may request a debriefing to

understand the basis for award.

A written request for debriefing shall be made within three (3) working days after the

posting of the award of the contract. The Procurement Officer or designee shall hold the

debriefing within seven (7) working days to the extent practicable from the receipt date of

written request.

Any protest by the requestor following a debriefing, shall be filed within five (5) working

days, as specified in HAR §103D-303(h).

24 RFP HTH-560-WIC-17-03

5.8 PROTEST PROCEDURES

Pursuant to HRS §103D-701 and HAR §3-126-3, an actual or prospective Offeror who is

aggrieved in connection with the solicitation or award of a contract may submit a protest.

Any protest shall be submitted in writing to the Procurement Officer at:

Procurement Officer

Department of Health

Administrative Services Office

P.O. Box 3378

Honolulu, Hawaii 96801-3378

And a copy of the protest to:

WIC Services Branch

235 South Beretania Street, Suite 701

Honolulu, Hawaii 96813-2419

A protest shall be submitted in writing within five (5) working days after the aggrieved

person knows or should have known of the facts giving rise thereto; provided that a

protest based upon the content of the solicitation shall be submitted in writing prior to the

date set for receipt of offers. Further provided that a protest of an award or proposed

award shall be submitted within five (5) working days after the posting of award or if

requested, within five (5) working days after the PO’s debriefing was completed.

The Notice of Award, if any, resulting from this solicitation shall be posted on the

Procurement Awards, Notices and Solicitations (PANS), which is available on the SPO

website: http://www.hawaii.gov/spo2/source/.

5.9 APPROVALS

Any Agreement arising out of this Offer may be subject to the approval of the

Department of the Attorney General, and to all further approvals, including the approval

of the Governor, as required by statute, regulation, rule, order, or other directive.

5.10 CONTRACT EXECUTION

Successful Offeror receiving award shall enter a formal written contract in the form as in

Exhibit B. No performance bond is required for this contract.

No work is to be undertaken by the Contractor prior to the effective date of Contract.

The State of Hawaii is not liable for any work, contract, costs, expenses, loss of profits,

or any damages whatsoever incurred by the Contractor prior to the official starting date.

If an option to extend is mutually agreed upon, the Contractor shall be required to

execute a supplement to the Contract for the additional extension period.

25 RFP HTH-560-WIC-17-03

5.11 INSURANCE

5.11.1 Prior to the Contract start date, the Contractor shall procure, at its sole expense,

and maintain insurance coverage acceptable to the State in full force and effect

throughout the term of the Contract. The Offeror shall provide proof of insurance

for the following minimum insurance coverage(s) and limit(s) to be awarded a

Contract. The type of insurance coverage is listed as follows:

a. Commercial General Liability Insurance

Commercial General Liability insurance coverage against claims for

bodily injury and property damage arising out of all operations, activities,

or contractual liability by the Contractor, its employees and subcontractors

during the term of the Contract. This insurance shall include the following

coverage and limits specified or required by any applicable law: bodily

injury and property damage coverage with a minimum of $1,000,000 per

occurrence; personal and advertising injury of $1,000,000 per occurrence;

broadcasters’ liability insurance of $1,000,000 per occurrence; and with an

aggregated limit of $2,000,000. The commercial general liability policy

shall be written on an occurrence basis and the policy shall provide legal

defense costs and expenses in addition to the limits of liability stated

above. The Contractor shall be responsible for payment of any deductible

applicable to this policy.

b. Automobile Liability Insurance

Automobile Liability insurance covering owned, non-owned, leased, and

hired vehicles with a minimum of $1,000,000 for bodily injury for each

person, $1,000,000 for bodily injury for each accident, and $1,000,000 for

property damage for each accident.

c. Appropriate levels of per occurrence insurance coverage for Workers’

Compensation and any other insurance coverage required by Federal or

State law.

d. NOTE: Error & Omissions insurance is available for technology suppliers

and may be required for the specific procurement being conducted.

5.11.2 The Contractor shall deposit with Hawaii WIC on or before the effective date of

the Contract, certificate(s) of insurance necessary to satisfy Hawaii WIC that the

provisions of the Contract have been complied with, and to keep such insurance in

effect and provide the certificate(s) of insurance to Hawaii WIC during the entire

term of the Contract. Upon request by Hawaii WIC, the Contractor shall furnish a

copy of the policy or policies.

26 RFP HTH-560-WIC-17-03

5.11.3 The Contractor will immediately provide written notice to Hawaii WIC and

contracting department or agency should any of the insurance policies evidenced

on its Certificate of Insurance form be cancelled, limited in scope, or not renewed

up expiration.

5.11.4 The Certificates of Insurance shall contain the following clauses:

1. “The State of Hawaii is added as an additional insured as respects to

operations performed for the State of Hawaii.”

2. “It is agreed that any insurance maintained by the State of Hawaii will

apply in excess of, and not contribute with, insurance provided by this

policy.”

5.11.5 Failure of the Contractor to provide and keep in force such insurance shall

constitute a material default under the Contract, entitling the State to exercise any

or all of the remedies provided in the Contract (including without limitation

terminating the Contract). The procuring of any required policy or policies of

insurance shall not be construed to limit the Contractor’s liability hereunder, or to

fulfill the indemnification provisions of the Contract. Notwithstanding said

policy or policies of insurance, the Offeror shall be responsible for the full and

total amount of any damage, injury, or loss caused by the Contractor’s negligence

or neglect in the provision of services under the Contract.

5.12 PAYMENT

Incremental payments shall be made to the awarded Contractor monthly, based on the

deliverables described in Section 2.2 this RFP. The receipt of quarterly reports shall be

due based on the timeline submitted by the Contractor in the proposal, or as amended.

Section 103-10, HRS, provides that the State shall have thirty (30) calendar days from

receipt of invoice or satisfactory delivery of goods or performance of services to make

payment. For this reason, the State will reject any offer submitted with a condition

requiring payment within a shorter period. Further, the State will reject any bid

submitted with a condition requiring interest payments greater than that allowed by

Section 103-10, HRS as amended.

The State will not recognize any requirement established by the EBT Project

Management provider and communicated to the State after award of the contract, which

requires payment within a shorter period or interest payment not in conformance with

statute.

5.13 CONTRACT INVALIDATION

If any provision of this contract is found to be invalid, such invalidation will not be

construed to invalidate the entire contract.

27 RFP HTH-560-WIC-17-03

5.14 CONTRACT MODIFICATIONS - UNANTICIPATED AMENDMENTS

During this contract, the PM Contractor may be required to perform additional work that

will be within the general scope of the initial Contract. When additional work is required,

the Contract Administrator will provide the PM Contractor a written description of the

additional work to be done. The PM Contractor shall submit a firm time schedule for

accomplishing the additional work.

Changes to the Contract may be modified only by written document (Contract Modification)

signed by the Director of Health and PM Contractor personnel authorized to sign contracts

on behalf of the PM Contractor.

The PM Contractor will not commence additional work until a signed contract modification

has been issued.

5.15 GOVERNING LAW: COST OF LITIGATION

The validity of this contract and any of its terms or provisions, as well as the rights and

duties of the parties to this contract, shall be governed by the laws of the State of Hawaii.

Any action at law or equity to enforce or interpret the provisions of this contract shall be

brought in a state court or competent jurisdiction in Honolulu, Hawaii.

In case the State shall, without any fault on its part, be made a part to any litigation

commenced by or against the PM Contractor in connection with this contract, the PM

Contractor, shall pay all costs and expenses incurred by or imposed on the State,

including attorneys' fees.

5.16 OFFEROR INTERVIEW

The structured interviews shall consist of standardized questions, and shall be with the

ESC and the individual designated as the potential PM Contractor. Section 4, the

“EVALUATION CRITERIA” shall be used to determine the total score(s) for all

Offerors.

28 RFP HTH-560-WIC-17-02

SECTION SIX

SPECIAL PROVISIONS

6.1 OFFEROR GUARANTY

A proposal security deposit is NOT required for this RFP.

6.2 TERMINATIONS FOR CONVENIENCE OR UNAVAILIABILITY OF FUNDS

The contract shall be for a period of one (1) year and may extend the term of the contract

for an additional period of two (2) consecutive years, pending the availability of funds.

It is understood and agreed to by all Offerors that the contract resulting from this RFP

shall be construed to be an agreement to pay the obligation under the contract only out of

federal funds to be received from the federal government when the federal funds are so

received and shall not be construed as a general agreement to pay such obligation at all

events out of any funds other than those which are received from the federal government.

When interests of the State or the Offeror so require, the State or the Offeror may

terminate the Contract for convenience by providing six (6) weeks prior written notice to

the contracted parties. The contract price paid to the EBT Planning Services provider for

the extended period shall remain the same.

Termination for Unavailability of Funds

Notwithstanding any other provision of this contract, the parties hereto agree that the

charges hereunder are payable by the DOH in part from appropriations received by DOH

from the Legislature of the State of Hawaii and from federal funding. In the event, such

appropriations and funding are determined, at the sole discretion of the Director of DOH,

to no longer exist, or to be insufficient with respect to the charges payable hereunder, this

contract shall terminate without further obligation of DOH as of that moment. In such

event, the Director of DOH shall certify to an Offeror the occurrence thereof, and such

certification shall be conclusive.

6.3 CERTIFICATION OF OFFEROR CONCERNING WAGES, HOURS AND

WORKING CONDITIONS OF EMPLOYEES SUPPLYING SERVICES

All Offerors for service contracts shall comply with section 103-55, Hawaii Revised

Statutes, which provides as follows:

Wages, hours, and working conditions of employees of CONTRACTOR supplying

services: Before any prospective Offeror is entitled to submit any offer for the

performance of any contract to supply services in excess of $25,000 to any

governmental agency, Offeror shall certify that the services to be performed will be

performed under the following conditions:

29 RFP HTH-560-WIC-17-03

Wages: The services to be rendered shall be performed by employees paid at wages or

salaries not less than the wages paid to public officers and employees for similar work.

Compliance with labor laws: All applicable laws of the Federal and State governments

relating to worker’s compensation, unemployment compensation, payment of wages, and

safety will be fully complied with.

No contract to perform services for any governmental contracting agency in excess of

$25,000 shall be granted unless all the conditions of this section are met. Failure to comply

with the conditions of this section during the period of the contract to perform services shall

result in cancellation of the contract.

It shall be the duty of the governmental contracting agency awarding the contract to perform

services in excess of $25,000 to enforce this section.

This section shall not apply to:

1) Managerial, supervisory, or clerical personnel.

2) Contracts for supplies, materials, or printing.

3) Contracts for utility services.

4) Contracts to perform personal services under paragraphs (2), (3), (12), and

(15) of section 76-16, paragraphs (7), (8), and (9) of section 46-33, and

paragraphs (7), (8), and (12) of section 76-77, Hawaii Revised Statutes,

(HRS).

5) Contracts for professional services.

6) Contracts to operate refreshment concessions in public parks, or to provide

food services to educational institutions.

7) Contracts with nonprofit institutions.

6.4 OFFER ACCEPTANCE PERIOD

The State’s acceptance of offer, if any, will be made within sixty (60) calendar days after

the opening of proposals. Prices or commissions quotes by the Offeror shall remain firm

for a three hundred sixty-five (365) day period.

6.5 ADDITIONAL TERMS AND CONDITIONS

The State reserves the right to add terms and conditions during the contract negotiations.

These terms and conditions will be within the scope of the RFP and will not affect the

proposal evaluation.

6.6 SUBCONTRACTING

No work or services shall be subcontracted or assigned without the prior written approval

of the State. No subcontract shall, under any circumstances, relieve the eWIC PM

Contractor of his/her obligations and liability under this contract with the State. All

30 RFP HTH-560-WIC-17-03

persons engaged in performing the work covered by the contract shall be considered

employees of the eWIC PM Contractor services provider.

6.7 NON-DISCRIMINATION

The eWIC PM Contractor shall comply with all applicable federal and State laws

prohibiting discrimination against any person on the grounds of race, color, national

origin, religion, creed, sex, age, sexual orientation, marital status, handicap, or arrest and

court records in employment and any condition of employment with the eWIC PM

Contractor or in participation in the benefits of any program or activity funded in whole

or in part by the State.

6.8 CONFLICTS OF INTEREST

The PM Contractor represents that neither the PM Contractor, nor any employee or agent

of the PM Contractor, presently has any interest, and promises that no such interest,

direct or indirect, shall be acquired, that would or might conflict in any manner or degree

with the PM Contractor’s performance of this contract.

6.9 WAIVER

The failure of the State to insist upon the strict compliance with any term, provision or

condition of this contract shall not constitute or be deemed to constitute a waiver or

relinquishment of the State’s right to enforce the same in accordance with this contract.

6.10 SEVERABILITY

In the event that any provision of this contract is declared invalid or unenforceable by a

court, such invalidity or unenforceability shall not affect the validity or enforceability of

the remaining terms of this contract.

6.11 CAMPAIGN CONTRIBUTIONS BY STATE AND COUNTY EBT PLANNING

SERVICES PROVIDERS

Therefore, Offeror, if awarded a contract in response to this solicitation, agrees to comply

with HRS Section 11-205.5, which states that campaign contributions are prohibited from

a State and county government EBT Planning Services provider during the term of the

contract if the EBT Planning Services provider is paid with funds appropriated by a

legislative body.

6.12 ADDITIONS, AMENDMENTS AND CLARIFICATIONS

Approvals. Any agreement arising out of this offer may be subject to the approval of the

Department of the Attorney General as to form, and is subject to all further approvals,

including the approval of the Governor, required by statute, regulation, rule, order, or

other directive.

31 RFP HTH-560-WIC-17-03

Confidentiality of Material. All material given to or made available to the PM

Contractor by virtue of this contract, which is identified as proprietary or confidential

information, will be safeguarded by the PM Contractor and shall not be disclosed to any

individual or organization without the prior written approval of the STATE.

All information, data, or other material provided by the Offeror or the PM Contractor to the

State shall be subject to the Uniform Information Practices Act, HRS chapter 92F. The

Offeror shall designate in writing to the Procurement Officer those portions of its unpriced

offer or any subsequent submittal that are trade secrets or other proprietary data that the

Offeror desires to remain confidential, subject to HAR §3-122-58, in the case of an RFP, or

HAR §3-122-30, in the case of an IFB. The Offeror shall state in its written communication

to the Procurement Officer, the reason(s) for designating the material as confidential, for

example, trade secrets. The Offeror shall submit the material designated as confidential in

such manner that the material is readily separable from the offer in order to facilitate

inspection of the non-confidential portion of the offer.

Price is not confidential and will not be withheld. In addition, in the case of an IFB, makes

and models, catalogue numbers of items offered, deliveries, and terms of payment shall be

publicly available at the time of opening regardless of any designation to the contrary.

If a request is made to inspect the confidential material, the inspection shall be subject to

written determination by the Department of the Attorney General in accordance with

HRS chapter 92F. If it is determined that the material designated as confidential is

subject to disclosure, the material shall be open to public inspection, unless the Offeror

protests under HAR chapter 3-126. If the request to inspect the confidential material is

denied, the decision may be appealed to the Office of Information Practices in accordance

with HRS §92F-15.5.

Nondiscrimination. No person performing work under this Agreement, including any

sub PM Contractor, employee, or agency of the PM Contractor, shall engage in any

discrimination that is prohibited by any applicable federal, state, or county law.

Records Retention. The PM Contractor and any sub PM Contractor shall maintain the

books and records that relate to the Agreement and any cost or pricing data for three (3)

years from the date of final payment under the Agreement.

Correctional Industries. Goods and services available through Hawaii Correctional

Industries (HCI) programs may be the same or similar to those awarded by competitive

sealed bids or proposals. Agencies participating in DOH, WIC Services Branch

requirements (price list) contracts may also procure directly from HCI and shall not be

considered in violation of the terms and conditions of any DOH, WIC Services Branch

contract.

Competency of Offeror. Prospective Offeror must be capable of performing the work

for which offers are being called. Either before or after the deadline for an offer, the

purchasing agency may require Offeror to submit answers to questions regarding

32 RFP HTH-560-WIC-17-03

facilities, equipment, experience, personnel, financial status or any other factors relating

to the ability of the Offeror to furnish satisfactorily the goods or services being solicited

by the STATE. Any such inquiries shall be made and replied to in writing; replies shall

be submitted over the signatures of the person who signs the offer. Any Offeror who

refuses to answer such inquiries will be considered non-responsive.

Preparation of Offer. An Offeror may submit only one offer in response to a

solicitation. If an Offeror submits more than one offer in response to a solicitation, then

all such offers shall be rejected. Similarly, an Offeror may submit only one offer for each

line item of solicitation. If an Offeror submits more than one offer per line item, then all

offers for that line item shall be rejected.

Printing Preference: All bids or proposals submitted for a printing, binding, or

stationery contract in which all work will be performed in-state, including all preparatory

work, presswork, bindery work, and any other production-related work shall receive a

fifteen per cent preference for purposes of bid or proposal evaluation.

Where bids or proposals are for work performed in-state and out-of-state, then for the

purpose of selecting the lowest bid or evaluating proposals submitted, the amount bid or

proposed for work performed out-of-state shall be increased by fifteen per cent. The

lowest total offer, taking the preference into consideration, shall be awarded the contract

unless the solicitation provides for additional award criteria. The contract amount

awarded, however, shall be the amount of the price offered, exclusive of the preference.

6.13 FNS REQUIRED FEDERAL PROVISIONS

The PM Contractor shall comply with the “FNS Required Federal Provisions,” attached

as Exhibit C and made a part of this RFP.

6.14 FFATA Reporting Form

The FFATA Reporting Form is attached to as Exhibit D and made a part of this RFP.

33 HTH-560-WIC-17-02

SECTION SEVEN

ATTACHMENTS AND EXHIBITS

• Attachment 1: OFFER FORM, OF-1

• Attachment 2: OFFER FORM, OF-2

• Attachment 3: Certification Of Compliance for Final Payment (SPO Form-22)

• Attachment 4: Minimum Project Manager Qualifications Form

• Attachment 5: Labor Rate by Hour/Position

• Exhibit A: Hawaii eWIC Implementation Advanced Planning Document (IAPD)

• Exhibit B: General Conditions AG-008 103D

• Exhibit C: Food and Nutrition Service (“FNS”) Required Federal Provisions

• Exhibit D: FFATA Reporting Form

• Exhibit E: Federal Certifications

E1 Guidelines for Organization-Wide Audits

E2 Certification Regarding Environmental Tobacco Smoke

E3 Certification Regarding Drug-Free Workplace Requirements

E4 Certification Regarding Lobbying

E5 Certification Regarding Program Fraud Civil Remedies Act (PFCRA)

E6 Certification Regarding Debarment and Suspension

E7 Certification Regarding Nondiscrimination

• Exhibit F: Overview of the RFP Process

Exhibit G: Insurance Requirements Checklist

• Link: USDA Handbook 901 v2

• https://www.fns.usda.gov/apd/fns-handbook-901-v2-advance-planning-documents-0

• Link: Project Management Body of Knowledge (PMBOK)

https://www.pmi.org/pmbok-guide-standards

ATTACHMENT 1

OFFER FORM OF-1 HTH-560-WIC-17-03

OFFER FORM

OF-1

eWIC PROJECT MANAGER SERVICES

WOMEN, INFANTS AND CHILDREN (WIC) PROGRAM

STATE OF HAWAII, DEPARTMENT OF HEALTH

RFP-HTH-560-WIC-17-03

Procurement Officer

Department of Health, WIC Services Branch

State of Hawaii

Honolulu, Hawaii 96813

Dear Procurement Officer:

The undersigned has carefully read and understands the terms and conditions specified in the

Specifications and Special Provisions attached hereto, and in the General Conditions, by reference

made a part hereof and available upon request; and hereby submits the following offer to perform the

work specified herein, all in accordance with the true intent and meaning thereof. The undersigned

further understands and agrees that by submitting this offer, 1) he/she is declaring his/her offer is not

in violation of Chapter 84, Hawaii Revised Statutes, concerning prohibited State contracts, and 2)

he/she is certifying that the price(s) submitted was (were) independently arrived at without collusion.

Offeror is:

Sole Proprietor Partnership *Corporation Joint Venture

Other

*State of incorporation:

Hawaii General Excise Tax License I.D. No.

Federal I.D. No. _____________________________

Payment address (other than street address below):

City, State, Zip Code:

Business address (street address):

City, State, Zip Code:

Respectfully submitted:

Date: (x)

Authorized (Original) Signature

Telephone No.:

Fax No.: Name and Title (Please Type or Print)

E-mail Address: **

Exact Legal Name of Company (Offeror)

**If Offeror is a “dba” or a “division” of a corporation, furnish the exact legal name of the corporation

under which the awarded contract will be executed:

ATTACHMENT 2 OF-2 HTH-560-WIC-17-03

OFFER FORM

OFFER FORM

OF-2

PROPOSED BUDGET:

Task Deliverable Description Proposed Cost

1

Payments

1a – 1l

Invoiced Monthly – Recurring Project Management Activities

(Status Reports including Quarterly and Annual Reports to

USDA FNS, Meetings, Agendas, Summaries, Project Plan

Updates, Action Items List, newsletter, documentation of

research or recommendations etc.)

$

2 Consolidated Deliverable Comments $

3 Integrated Communications Plan $

4 Change Management Plan $

5 Integrated Project Management Work Plan and Schedule $

6 Deliverable Review Comments $

7 Meeting Minutes (See Task 1) $N/A

8 Action Items List (See Task 1) $N/A

9 Risk Management Plan $

Miscellaneous Expenses

1 Travel $

2 Lodging $

Total Deliverable Cost $

Hawaii GET (4.712%) $

Total Proposed Cost $

Offeror Name of Company

SPO Form-22 (11/03)

ATTACHMENT 3 HTH-560-WIC-17-03

CERTIFICATION OF COMPLIANCE FOR FINAL PAYMENT

(Reference §3-122-112, HAR)

Reference:

(Contract Number) (IFB/RFP Number)

affirms it is in

(Company Name)

compliance with all laws, as applicable, governing doing business in the State of Hawaii to

include the following:

1. Chapter 383, HRS, Hawaii Employment Security Law – Unemployment

Insurance;

2. Chapter 386, HRS, Worker’s Compensation Law;

3. Chapter 392, HRS, Temporary Disability Insurance;

4. Chapter 393, HRS, Prepaid Health Care Act; and

maintains a “Certificate of Good Standing” from the Department of Commerce and Consumer

Affairs, Business Registration Division.

Moreover,

(Company Name)

acknowledges that making a false statement shall cause its suspension and may cause its

debarment from future awards of contracts.

Signature:

Print Name:

Title:

Date:

ATTACHMENT 4 HTH-560-WIC-17-03

MINIMUM PROJECT MANAGEMENT QUALIFICATIONS FORM

Offeror Name:

Minimum eWIC PM

Qualifications

Experience

Project

Start/End

Dates

# of

Years

Project Name and description of relevant experience

Reference information name, e-

mail address, phone number

Five years of eWIC PM

experience for projects of

similar and scope (1

experience within last five

years).

Three years of WIC or

SNAP Program, including

WIC MIS experience

(within last five years).

Knowledge or experience

with eWIC project

implementation.

ATTACHMENT 5 HTH-560-WIC-17-03

LABOR RATE BY HOUR/POSITION

At the State’s sole discretion, the contract may be extended for time, or time and money, and

may be amended consistent with the terms and conditions of the original contract. In the table

below, provide the job position, cost per hour for work that may arise during this project.

Position Hourly Rate

Exhibit C

Food and Nutrition Service

Required Federal Provisions

Exhibit C HTH-560-WIC-17-03

1 of 4

FNS Required Federal Provisions

The contractor must comply with the following provisions:

1. 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.

2. The Clean Air Act, Section 306:

a. 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.

b. The Administrator shall establish procedures to provide all Federal agencies with

the notification necessary for the purposes of subsection (a).

c. 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.

d. 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.

e. 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]

Exhibit C HTH-560-WIC-17-03

2 of 4

3. The Clean Water Act:

a. 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.

b. The Administrator shall establish procedures to provide all Federal agencies with

the notification necessary for the purposes of subsection (a) of this section.

c. 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:

(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.

d. 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.

e. 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.

f. (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)).

4. The Anti-Lobbying Act: This 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:

a. 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

Exhibit C HTH-560-WIC-17-03

3 of 4

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;

b. 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;

c. 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.

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 by State and local governments, except public

transportation services.

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 the

policy of the Arkansas Department of Health WIC Program that abuse of this

drug will also not be tolerated in the workplace.

e. Contractors of federal agencies are required to certify that they will provide drug-

free workplaces for their employees.

Exhibit C HTH-560-WIC-17-03

4 of 4

7. Debarment, suspension, and other responsibility matters: 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.

a. The applicant certifies that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared

ineligible, or voluntarily excluded from covered transactions by any federal

department or agency;

(2) 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;

(3) 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

(4) 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.

b. 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.

8. 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.

Exhibit D

FFATA Reporting Form

Exhibit D HTH-560-WIC-17-03

FFATA Reporting Form

DUNS No.:

Name (DBA - if applicable):

Address:

Principal Place of Performance (City, State and Zip + 4):

In the previous completed fiscal year have you received:

1) 80% or more of its annual gross revenues in the following:

• US Federal Contracts

• US Federal Sub-Contracts

• US Federal Loans

• US Federal Grants

• US Federal Sub-Grants

• And/or US Federal Cooperative Agreements

AND

2) $25,000,000 or more in annual gross revenues from:

• US Federal Contracts

• US Federal Sub-Contracts

• US Federal Loans

• US Federal Grants

• US Federal Sub-Grants

• And/or US Federal Cooperative Agreements

If either of the above two (2) conditions is met, then check box here.

Exhibit E

FEDERAL CERTIFICATIONS

E1 Guidelines for Organization-Wide Audits

E2 Certification Regarding Environmental Tobacco Smoke

E3 Certification Regarding Drug-Free Workplace Requirements

E4 Certification Regarding Lobbying

E5 Certification Regarding Program Fraud Civil Remedies Act (PFCRA)

E6 Certification Regarding Debarment and Suspension

E7 Certification Regarding Nondiscrimination

Exhibit E1 Federal Certifications

HTH-560-WIC-17-03

GUIDELINES FOR ORGANIZATION-WIDE AUDITS Pursuant to the Single Audit Act Amendments of 1996, Public Law 104-156, the STATE is requiring A-133 audits from subrecipients who expend $750,000 or more of federal funds in a year. The audits must be conducted in accordance with the following standards:

1. Generally accepted auditing standards issued by the American Institute of Certified Public

Accountants. 2. Government Auditing Standards issued by the Comptroller General of the United States. 3. Office of Management and Budget (OMB) Circular A-133, “Audits of states, local governments,

and nonprofit organizations,” dated June 30, 1997. The audits must be conducted on an annual basis and submitted to the STATE within nine (9) months after the end of the audit period. The audit report shall include the following: 1. The organization-wide financial statements prepared in accordance with generally accepted

accounting principles or other comprehensive basis of accounting. 2. A schedule of federal financial assistance in the format prescribed by the OMB Circular A-133. 3. A schedule of the STATE’s federal and state contracts received by the organization for the period

covered by the financial statements. This schedule shall contain the: a. ASO Log Number. b. Contract amount for the contract period. c. Expenditures charged against the contract during the current audit period and the prior

audit periods for expenditure-reimbursement contracts; or amounts of units billed against the contract during the current audit period and the prior audit periods for unit-cost contracts since inception.

4. Auditor’s reports on the organization’s financial statements, supplemental schedule of

expenditures of federal awards, and supplemental schedule of federal and state contracts received by the organization from the STATE.

5. Report on Compliance and on Internal Control over Financial Reporting Based on an Audit of

Financial Statements Performed in Accordance with Government Auditing Standards. 6. Report on Compliance with Requirements Applicable to each Major Program and Internal Control

over Compliance in Accordance with OMB Circular A-133. 7. Schedule of findings and questioned costs in the format prescribed in OMB Circular A-133.

8. Comments regarding prior year’s findings.

(rev. 12/26/14)

Exhibit E2 Federal Certifications

HTH-560-WIC-17-03

CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE

Public Law 103-227, Part C- Environmental Tobacco Smoke, also known as the Pro-Children

Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility

owned or leased or contracted for by an entity and used routinely or regularly for the provision of

health, day care, education, or library services to children under the age of 18, if the services are

funded by Federal programs either directly or through State or local governments, by Federal

grant, contract, loan or loan guarantee. The law does not apply to children’s services provided in

private residences, facilities funded solely by Medicare or Medicaid funds, and portions of

facilities used for inpatient drug or alcohol treatment. Failure to comply with the provisions of

the law may result in the imposition of a civil monetary penalty of up to $1,000 per day and/or

the imposition of an administrative compliance order on the responsible entity.

By signing and submitting this document the applicant/grantee certifies that it will comply with

the requirements of the Act. The applicant/grantee further agrees that it will require the language

of this certification be included in any subaward, which subgrantees shall certify accordingly.

Organization Name

Name and Title of Authorized Representative

Signature Date

Exhibit E3 Federal Certifications

Page 1 of 2 HTH-560-WIC-17-03

CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS

The undersigned (authorized official signing for the applicant organization) certifies that the

applicant will, or will continue to, provide a drug-free workplace in accordance with 45 CFR Part

76 by:

(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,

dispensing, possession or use of a controlled substance is prohibited in the grantee’s

workplace and specifying the actions that will be taken against employees for violation of

such prohibition;

(b) Establishing an ongoing drug-free awareness program to inform employees about—

(1) The dangers of drug abuse in the workplace;

(2) The grantee’s policy of maintaining a drug-free workplace;

(3) Any available drug counseling, rehabilitation, and employee assistance programs;

and

(4) The penalties that may be imposed upon employees for drug abuse violations

occurring in the workplace;

(c) Making it a requirement that each employee to be engaged in the performance of the grant

be given a copy of the statement required by paragraph (a) above;

(d) Notifying the employee in the statement required by paragraph (a), above, that, as a

condition of employment under the grant, the employee will—

(1) Abide by the terms of the statement; and

(2) Notify the employer in writing of his or her conviction for a violation of a criminal

drug statute occurring in the workplace no later than five calendar days after such

conviction;

(e) Notifying the agency in writing within ten calendar days after receiving notice under

paragraph (d) (2) from an employee or otherwise receiving actual notice of such conviction.

Employers of convicted employees must provide notice, including position title, to every

grant officer or other designee on whose grant activity the convicted employee was working,

unless the Federal agency has designated a central point for the receipt of such notices.

Notice shall include the identification number(s) of each affected grant;

(f) Taking one of the following actions, within 30 calendar days of receiving notice under

paragraph (d) (2), with respect to any employee who is convicted—

(1) Taking appropriate personnel action against such an employee, up to and including

termination, consistent with the requirements of the Rehabilitation Act of 1973, as

amended; or

Page 2 of 2 Federal Certifications

HTH-560-WIC-17-03

(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or

rehabilitation program approved for such purposes by a Federal, State, or local

health, law enforcement, or other appropriate agency;

(g) Making a good faith effort to continue to maintain a drug-free workplace through

implementation of paragraphs (a), (b), (c), (d), (e), and (f).

For purposes of paragraph (d) regarding agency notification of criminal drug convictions, the

DHHS has designated the following central point for receipt of such notices:

Division of Grants Policy and Oversight

Office of Management and Acquisition

Department of Health and Human Services, Room 517-D

200 Independence Avenue, S.W.

Washington, D.C. 20201

Organization Name

Name and Title of Authorized Representative

Signature Date

Exhibit E4 Federal Certifications HTH-560-WIC-17-03

CERTIFICATION REGARDING LOBBYING

Title 31, United States Code, Section 1352, entitled “Limitation on use of appropriated funds to

influence certain Federal contracting and financial transactions,” generally prohibits recipients of

Federal grants and cooperative agreements from using Federal (appropriated) funds for lobbying

the Executive or Legislative Branches of the Federal Government in connection with a

SPECIFIC grant or cooperative agreement. Section 1352 also requires that each person who

requests or receives a Federal grant or cooperative agreement must disclose lobbying undertaken

with non-Federal (non-appropriated) funds. These requirements apply to grants and cooperative

agreements EXCEEDING $100,000 in total costs (45 CFR Part 93).

The undersigned (authorized official signing for the applicant organization) certifies, to the best

of his or her knowledge and belief, that:

(1) 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 awarding of any Federal

contract, the making of any Federal grant, the making of any Federal loan, the entering

into of any cooperative agreement, and the extension, continuation, renewal, amendment,

or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federally appropriated funds have been paid or will be paid to any

person for influencing or attempting to influence an officer or employee or any agency, a

Member of Congress, an officer or employee of Congress, or an employee of a Member

of Congress in connection with this Federal contract, grant, loan, or cooperative

agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure

of Lobbying Activities,” in accordance with its instructions. (If needed, Standard Form-

LLL, “Disclosure of Lobbying Activities,” its instructions, and continuation sheet are

included at the end of this application form.)

(3) The undersigned shall require that the language of this certification be included in the

award documents for all subawards at all tiers (including subcontracts, subgrants, and

contracts under grants, loans, and cooperative agreements) and that all subrecipients shall

certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this

transaction was made or entered into. Submission of this certification is a prerequisite for

making or entering into this transaction imposed by Section 1352, U.S. Code. Any person who

fails to file the required certification shall be subject to a civil penalty of not less than $10,000

and not more than $100,000 for each such failure.

Organization Name

Name and Title of Authorized Representative

Signature Date

Exhibit E5 Federal Certifications HTH-560-WIC-17-03

CERTIFICATION REGARDING PROGRAM FRAUD CIVIL REMEDIES ACT

(PFCRA)

The undersigned (authorized official signing for the applicant organization) certifies that the

statements herein are true, complete, and accurate to the best of his or her knowledge, and that he

or she is aware that any false, fictitious, or fraudulent statement or claims may subject him or her

to criminal, civil, or administrative penalties. The undersigned agrees that the applicant

organization will comply with the Public Health Service terms and conditions of award if a grant

is awarded as a result of this application.

_

Organization Name

___________________________________________

Name and Title of Authorized Representative

___________________________________________ ____________________

Signature Date

Exhibit E6 Federal Certifications HTH-560-WIC-17-03

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

The undersigned (authorized official signing for the applicant organization) certifies to the best

of his or her knowledge and belief, that the applicant, defined as the primary participant in

accordance with 45 CFR Part 76, 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 3-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 a false statement, or receiving stolen property;

(c) are not presently indicted or otherwise criminally or civilly charged by a governmental

entity (Federal, State, or local) with commission of any of the offenses enumerated in

paragraph (b) of this certification; and

(d) have not within a 3-year period preceding this application/proposal had one or more

public transactions (Federal, State, or local) terminated for cause or default.

Should the applicant not be able to provide this certification, an explanation as to why, should be

placed after the assurances page in the application package.

The applicant agrees by submitting this proposal that it will include, without modification, the

clause titled “Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary

Exclusion-Lower Tier Covered Transactions” in all lower tier covered transactions (i.e.,

transactions with sub-grantees and/or contractors) and in all solicitations for lower tier covered

transactions in accordance with 45 CFR Part 76.

Organization Name

Name and Title of Authorized Representative

Signature Date

Exhibit E7 Federal Certifications HTH-560-WIC-17-03

CERTIFICATION REGARDING NONDISCRIMINATION

The PROVIDER hereby agrees to comply with Title VI of the Civil Rights Act of 1964 (42

U.S.C. 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.),

Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), Age Discrimination Act of 1975

(42 U.S.C. 6101 et seq.); all provisions required by the implementing regulations of the

Department of Agriculture; Department of Justice Enforcement Guidelines, 28 CFR 50.3 and 42;

and Food and Nutrition Services (“FNS”) directives and guidelines, to the effect that, no person

shall, on the ground of race, color, national origin, sex, age or handicap, be excluded from

participation in, be denied benefits of, or otherwise be subject to discrimination under any

program or activity for which the PROVIDER received Federal financial assistance from FNS;

and hereby gives assurance to immediately take measures necessary to effectuate this

agreement. By accepting this assistance, the PROVIDER agrees to compile data, maintain

records and submit reports as required, to permit effective enforcement of the nondiscrimination

laws and permit authorized USDA personnel during normal working hours to review such

records, books, and accounts as needed to ascertain compliance with nondiscrimination laws. If

there are any violation of this assurance, the Department of Agriculture, Food and Nutrition

Service, shall seek judicial enforcement of this assurance. This assurance is binding on the

PROVIDER, its successors, transferees, and assignees, as long as it received assistance or retains

possession of any assistance from the Department of Agriculture. The person or persons whose

signatures appear below are authorized to sign this assurance on behalf of the PROVIDER.

___________________________________________

Organization Name

___________________________________________

Name and Title of Authorized Representative

___________________________________________

Signature Date

Exhibit F

Overview of the RFP Process

Exhibit F HTH-560-WIC-17-03

1

OVERVIEW OF THE RFP PROCESS

7.1 The RFP is issued pursuant to Subchapter 6 of HAR Chapter 3-122, HRS §103D-303.

7.2 The procurement process begins with the issuance of the RFP and the formal response to any

written questions or inquiries regarding the RFP. Changes to the RFP will be made only by

Addendum.

7.3 Offerors’ proposals shall be open to public inspection after posting of the award. All proposals and

other material submitted by Offerors become the property of the State and may be returned only at

the State’s option.

7.4 The Procurement Officer, or an evaluation committee approved by the Procurement Officer, shall

evaluate the proposals in accordance with the evaluation criteria in Section Four.

7.5 Proposals may be accepted on evaluation without discussion. However, if deemed necessary, prior

to entering into discussions, a "priority list" of responsible Offerors submitting acceptable and

potentially acceptable proposals shall be generated. The priority list may be limited to a minimum

of three responsible Offerors who submitted the highest-ranked proposals. The objective of these

discussions is to clarify issues regarding the Offeror’s proposal before the BAFO is tendered.

7.6 If during discussions there is a need for any substantial clarification or change in the RFP, the RFP

shall be amended by an addendum to incorporate such clarification or change. Addenda to the RFP

shall be distributed only to priority listed Offerors who submit acceptable or potentially acceptable

proposals.

7.7 Following any discussions, Priority Listed Offerors will be invited to submit their BAFO, if

required. The Procurement Officer or an evaluation committee reserves the right to have additional

rounds of discussions with the top three (3) Priority Listed Offerors prior to the submission of the

BAFO.

7.8 The date and time for Offerors to submit their BAFO, if any, is indicated in Section 1.4, RFP

Schedule and Significant Dates. If Offeror does not submit a notice of withdrawal or a BAFO, the

Offeror’s immediate previous offer shall be construed as its BAFO.

7.9 After receipt and evaluation of the BAFOs in accordance with the evaluation criteria in Section

Four, the Procurement Officer or an evaluation committee will make its recommendation. The

Procurement Officer will award the contract to the Offeror whose proposal is determined to be the

most advantageous to the State taking into consideration price and the evaluation factors set forth

in Section Four.

7.10 The contents of any proposal shall not be disclosed during the review, evaluation, or discussion.

Once award notice is posted, all proposals, successful and unsuccessful, become available for

public inspection. Those sections that the Offeror and the State agree are confidential and/or

proprietary should be identified by the Offerors and shall be excluded from access.

7.11 The Procurement Officer or an evaluation committee reserves the right to determine what is in the

best interest of the State for purposes of reviewing and evaluating proposals submitted in response

to the RFP. The Procurement Officer or an evaluation committee will conduct a comprehensive,

fair and impartial evaluation of proposals received in response to the RFP.

7.12 The RFP, any addenda issued, and the successful Offeror's proposal shall become a part of the

contract. All proposals shall become the property of the State of Hawaii.

Exhibit G

Insurance Requirements Checklist

Sample Checklist for Certificate of Insurance (COI)

Insurance Requirements

Rev. 9/5/12 Exhibit G RFP HTH-560-WIC-17-03

INSURED

Insured Name must match name shown in Contract or identified in certificate as covered entity.

TYPE OF INSURANCE LIMITS

Commercial General Liability $1,000,000 per occurrence for bodily injury and property

damage and $2,000,000 in aggregate

Automobile Liability $1,000,000 per occurrence

Professional Liability (if applicable) $1,000,000 per occurrence and $2,000,000 in aggregate

The ADD’L INSRD box for both General Liability and Automobile Liability shall be checked.

NOTE: If Umbrella Liability policy is used to meet the insurance requirements, the ADD’L INSRD box

for Umbrella Liability shall also be checked.

POLICY EFFECTIVE DATE and POLICY EXPIRATION DATE shall cover the time of performance of

the contract. Reminder: A new COI is required should the policy expire during the contract period.

Insurer alpha must be listed in “INSR LTR” box next to the type of insurance.

If the insurance company issuing the policy is not registered with the Department of Commerce and

Consumer Affairs, pursuant to HRS §431:8-307, the following must be stated on the certificate in

accordance with HRS §431:8-306:

"This insurance contract is issued by an insurer which is not licensed by the State of Hawaii and is not

subject to its regulation or examination. If the insurer is found insolvent, claims under this contract are not

covered by any guaranty fund of the State of Hawaii." Name and Address of the surplus lines broker

NOTE: Need only one surplus lines broker stamp if more than one insurer is not registered to do business in

Hawaii.

All Certificates shall include the following information in the "DESCRIPTION OF OPERATIONS /

LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS" box:

ASO LOG NO. XX-XXX

(1) The State of Hawaii and its officers and employees are additional insured with respect to operations

performed for the State of Hawaii.

(2) It is agreed that any insurance maintained by the State of Hawaii will apply in excess of, and not

contribute with, insurance provided by this policy.

NOTE: Professional Liability policy only requires text (2) if it is on a separate certificate.

The CERTIFICATE HOLDER shall be:

State of Hawaii

Department of Health

Administrative Services Office

P. O. Box 3378

Honolulu, Hawaii 96801-3378