REQUEST FOR PROPOSALS
Acumatica ERP Software
Support and Maintenance
Prepared by:
Kevin Valenchis, Deputy Director
Division of Enterprise Solutions
NYS Office for People With Developmental Disabilities
44 Holland Avenue
Albany, New York 12229-0001
Released July 19th, 2017
New York State
Office for People With Developmental Disabilities Page 58 of 80 Acumatica RFP July 2017
TABLE OF CONTENTS
1. INTRODUCTION 5
1.1. Overview 5
1.2. Designated Contact 5
1.3. Minimum Qualifications 5
1.4. Calendar of Events 5
1.5. OPWDD Procurement Website 6
2. PROPOSAL SUBMISSION 7
2.1. Cost of Proposal Preparation 7
2.2. RFP Questions and Answers 7
2.3. Proposal Format and Content 7
2.4. Cover Letter 7
2.5. Technical Proposal 8
2.6. Cost Proposal 10
2.7. Instructions for Proposal Submission 10
3. ADMINISTRATIVE INFORMATION 12
3.1. Issuing Office 12
3.2. Method of Award 12
3.3. Term of Contract 12
3.4. Price 12
3.6. Reserved Rights 14
3.7. Exceptions to RFP 14
3.8. Waiver of Rights 15
3.9. Dispute Resolution 15
3.10. HIPAA Security and Confidentiality 15
3.11. Confidentiality of Information/Publication Rights 15
3.12. Prime Contractor Responsibilities 15
3.13. Public Information Requirements 15
3.14. Debriefing Procedures 16
3.15. Procedure for Handling of Protests/Appeals of Bid Specifications and Proposed Awards 16
4. EVALUATION AND SELECTION PROCESS 19
4.1. Proposal Evaluation 19
4.2. Administrative Review (Pass/Fail) 19
4.3. Technical Evaluation (70 percent) 19
4.4. Cost Evaluation (30 percent) 20
4.5. Final Composite Score 20
4.6. Notification of Award 20
5. SCOPE OF WORK 21
5.1. Project Background 21
5.2. Application Specifications 21
5.3. Customizations Implemented 22
5.4. Interfaces 23
5.5. Business Goals 23
5.6. Performance Standards and Guarantees 23
5.7. Transition Language 25
6. CONTRACT CLAUSES AND REQUIREMENTS 26
6.1. Order of Precedence 26
6.2. Procurement Lobbying Requirement 26
6.3. Vendor Responsibility 26
6.4. Contract Clause; Termination Provision 28
6.5. Agency Policy and Prohibitions Regarding Permissible Contacts 29
6.6. Contractor Requirements and Procedures for Participation by New York State Certified Minority and Women-Owned Business Enterprises and Equal Employment Opportunities for Minority Group Members and Women 29
6.7. Equal Employment Opportunity Requirements 30
6.8. Contractor Insurance Requirements 31
6.8.12. Workers’ Compensation 34
6.8.13. Disability Benefits 34
6.9. Tax Law Section 5-A Clause 35
6.10. Freedom of Information Law/Trade Secrets 36
6.11. Force Majeure 37
6.12. Consultant Disclosure Legislation 37
6.13. Executive Orders (EOs) and Initiatives 38
6.14. Federal Requirements 39
6.15. Multi-Agency and Local Human Services District/County Use 40
6.16. Contacts with Employees 40
6.17. Public Officers Law 40
6.18. Information Security Breach and Notification Act 41
APPENDIX A 42
APPENDIX A: SUPPLEMENT 50
Attachment 1 - Cost Proposal Form 63
Attachment 2 - Reference Form 64
Attachment 3 - Non-Collusive Bidding Certification 65
Attachment 4 - Bidder’s Compliance with Communications During Restricted Period 67
Attachment 5 - Offerer Disclosure of Prior Non-Responsibility Determinations 68
Attachment 6 - Governmental Entity Report of Contact under State Finance Law §139-k(4) 71
Attachment 7 - Encouraging Use Of New York State Businesses In Contract Performance 73
Attachment 8 - M/WBE UTILIZATION PLAN 74
Exhibit I - Boilerplate Contract 75
New York State
Office for People With Developmental Disabilities Page 58 of 80 Acumatica RFP July 2017
1. INTRODUCTION
1.1. Overview
1.1.1. The New York State Office for People With Developmental Disabilities (OPWDD or Agency) is seeking competitive proposals from organizations interested in supporting an Acumatica installation function already in progress. Support under a contract awarded in accordance with this solicitation will continue through and subsequent to state-wide implementation of Acumatica. It is anticipated this Request for Proposals (RFP) will result in one contract starting January 1, 2018.
1.1.2. During 2015, OPWDD implemented the Acumatica Enterprise Resource Planning (ERP) software to accommodate OPWDD’s functional and accounting requirements necessary to track individuals’ finances and personal possessions within residences operated by OPWDD. Subsequently, OPWDD extended the utility of the system to account for the Agency’s petty cash activity. As OPWDD maintains and expands the system’s functionality, customizations, modifications, and other enhancements to the system will be required. As such, and through this RFP, OPWDD intends to secure the support of an organization qualified to provide OPWDD with support and maintenance of the Acumatica ERP system as described in section 5, Scope of Work, of this RFP.
1.2. Designated Contact
1.2.1. Pursuant to State Finance Law (SFL) § 139-j(3)(a), the OPWDD identifies the following allowable contact for communications related to the submission of written proposals, written questions, pre-bid questions, and debriefings.
Connie Blais
New York State Office for People With Developmental Disabilities
Contract Management Unit
44 Holland Avenue, 4th Floor
Albany, New York 12229-0001
Email:
Phone: (518) 474-5513 (to be used for delivery purposes)
1.2.2. Further information about contacts with employees, Public Officers Law and Restrictions on Communication SFL § 139-j(3)(a), can be found in sections 6.2, 6.5, 6.16, and 6.17 of this RFP and at http://www.ogs.ny.gov/aboutOgs/regulations/defaultAdvisoryCouncil.html .
1.3. Minimum Qualifications
OPWDD will accept proposals from organizations with the following minimum qualifications. These qualifications are “Pass/Fail”. Failure to meet these Minimum Qualifications will result in a proposal being found non-responsive and eliminated from consideration.
1.3.1. Proposals must meet the Format and Content requirements of section 2.3 of this RFP;
1.3.2. The awarded vendor must be able to commence performance under the terms of this RFP, on the projected contract start date of January 1, 2018;
1.3.3. The awarded vendor must be a Value-Added Reseller (VAR) of Acumatica with Gold Partner status; with expertise in accounting, distribution, and project modules of Acumatica.
1.4. Calendar of Events
RFP Release Date Wednesday, July 19, 2017
Deadline for Submission of Questions Wednesday, August 02, 2017
Issuance Date of Response to Submitted Questions Monday, August 14, 2017
Proposal Due Date no later than 5:00 pm EDT, Wednesday, August 30, 2017
Preliminary Contract Award Announcement Wednesday, September 13, 2017
Contract Start Date January 1, 2018
NOTE: These dates are target dates and are subject to change at the OPWDD’s sole discretion.
1.5. OPWDD Procurement Website
The OPWDD has established a procurement website for the purpose of disseminating information relating to this procurement, and vendors are encouraged to monitor this. The website URL is: https://opwdd.ny.gov/opwdd_resources/procurement_opportunities.
INTENTIONALLY LEFT BLANK
2. PROPOSAL SUBMISSION
2.1. Cost of Proposal Preparation
All costs associated with responding to this RFP are entirely the responsibility of the Proposer and shall not be reimbursed by OPWDD. No claim will be made against OPWDD for any costs incurred by the Proposer for proposal preparation or any equipment demonstration which OPWDD may require.
2.2. RFP Questions and Answers
Questions concerning this RFP shall be submitted in writing by the Deadline for Submission of Questions as stated in section 1.4 of this RFP. Questions must be emailed to the Designated Contact as provided in section 1.2 of this RFP. The subject of the e-mail must state “Acumatica RFP Question”. Each inquiry must cite the relevant proposal section.
All answers to questions of a substantive nature, as well as copies of the questions, shall be posted to OPWDD’s Procurement Website, http://www.opwdd.ny.gov/opwdd_resources/procurement_opportunities and the NYS Contract Reporter website attached to the Notice for this procurement https://www.nyscr.ny.gov/. Additionally, the responses to all questions will be in the form of a formal addendum which will be annexed to and become part of this RFP and any ensuing contract.
If the Proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in this RFP, the Proposer shall immediately notify OPWDD of such error in writing, to the Designated Contact listed in 1.2 of this RFP.
If, prior to the Proposal Due Date, a Proposer fails to notify OPWDD of a known error or an error that reasonably should have been known, the Proposer shall assume the risk of proposing. If awarded the contract, the Proposer shall not be entitled to additional compensation by reason of the error or its correction. Prior to the Proposal Due Date, any such clarifications or modifications as deemed necessary by OPWDD will be posted to the OPWDD website.
2.3. Proposal Format and Content
To be considered responsive, a Proposer must submit a complete proposal that satisfies the requirements as stated in Sections 2, 4 and 5 of this RFP.
2.4. Cover Letter
A cover letter is an integral part of the proposal package. Submission of the Proposer’s bid, with submission of a cover letter, shall be construed by OPWDD as the Proposer’s acceptance of the procedures, evaluation criteria, and other administrative instructions in this RFP. The Cover Letter must:
2.4.1. Be signed by an individual who is authorized to contractually bind the successful Proposer;
2.4.2. Include the Proposer’s name, address, telephone and fax numbers, and the name(s), address(es), telephone number(s) and e-mail address(es) of the Proposer’s contact(s) concerning the proposal;
2.4.3. Provide the New York State Supplier Identification Number and Federal Identification Number;
2.4.4. Confirm the Proposer is a Value-Added Reseller (VAR) of Acumatica with Gold Partner status; with expertise in accounting, distribution, and project modules of Acumatica.
2.4.5. Confirm the Proposer is able to commence performance under the terms of this RFP effective January 1, 2018, the contract start date.
2.4.6. Confirm that Proposer has completed or updated Vendor Responsibility Questionnaire online in the Office of the State Comptroller’s VendRep System:
http://www.osc.state.ny.us/vendrep/vendor_index.htm;
2.4.7. Warrant the Proposer is willing and able to comply with New York laws with respect to foreign (non-New York) corporations,
2.4.8. Warrant the Proposer is willing and able to obtain an errors and omissions insurance policy providing a prudent amount of coverage for the willful or negligent acts, or omissions of any officers, employees or agents thereof.
2.4.9. Warrant the Proposer will not delegate or subcontract its responsibilities under an agreement without the written permission of OPWDD.
2.4.10. Acknowledge the costs set forth in the Cost Proposal are firm costs that are binding and irrevocable for a period of not less than 180 days from the date of proposal submission;
NOTE: If the Proposer selection process is not finalized by the date identified under the heading Key Events/Timeline in section 1.4 of this RFP, a bid shall remain firm until such later time as either a contract is awarded by the OPWDD or the Proposer delivers to the OPWDD written notice of the withdrawal of the bid.
2.4.11. Warrant the Proposer, if selected for award, will comply with Chapter 10 of the Laws of 2006, which amends State Finance Law §§ 8 and 163, by submitting the Contractor’s Annual Employment Report (Form B) annually to OPWDD, the Department of Civil Service and OSC.
2.4.12. Acknowledge the Proposer understands and accepts the provisions of this RFP and all attachments thereto;
2.4.13. Explicitly set forth any questions or anticipated difficulty with any such contract provisions. OPWDD reserves the right to reject any or all issues raised by a Proposer and require full acceptance of the terms of this RFP;
2.4.14. Acknowledge the Proposer has read the proposal, understands it and agrees to be bound by all of the conditions therein; and
2.4.15. Warrant all information provided by the Proposer in connection with submission of a proposal is true and accurate.
2.4.16. Cover Letter must include completed ATTACHMENTS 1 through 7, with original signatures, and if applicable to Proposer’s response to section 2.5.4.8 of this RFP, ATTACHMENT 8, M/WBE Utilization Plan.
2.5. Technical Proposal
The purpose of the technical proposal is to demonstrate the qualifications, competence, and capacity of the qualified organizations seeking to provide services in conformity with the requirements of this RFP. There should be no dollar unit or costs included in the Technical Proposal document. A technical proposal received, having costs delineated, will be deemed disqualified.
The technical proposal must demonstrate the qualifications of the proposer and/or the particular staff performing the Scope of Work and include a detailed narrative of how the proposer will meet the requirements specified in the Scope of Work, section 5 of this RFP.
The technical proposal must be prepared simply and economically providing a straight-forward, concise description of the proposer’s capabilities to satisfy the requirements of this RFP. While additional data may be presented, items presented in this section 2.5 of this RFP must be included. They represent the criteria against which the Technical Proposal will be evaluated.
Technical proposals must include responses to each of the following technical areas.
2.5.1. Qualifications and Experience
2.5.1.1. The Proposal must provide the number of available staff within the Proposing Organization with expertise in the following areas as they relate to Acumatica. The Proposer must describe the specific experience of these staff in each area.
Accounting,
Distribution,
Project module,
System module,
Acumatica Framework,
Customizations,
Training of Customizations, Integration, and Automation
2.5.1.2. Additionally, the Proposal must provide the number of available staff within the Proposing Organization with general accounting expertise and describe the specific accounting experience of these staff.
2.5.2. Approach for each Service Item
The Proposer must clearly delineate how each Service item included in section 5, Statement of Work, would be successfully delivered to OPWDD by fully describing and quantifying similar prior experience with these items. Proposers are encouraged to provide examples of screens they have customized, implemented and are currently supporting, equal to or like the screens described in section 5.3 of this RFP.
2.5.3. References
Three (3) customer/client references are required. It is recommended that additional references be included from entities the Proposer has performed for within the last five (5) years. References must be submitted on the Reference Form provided in Attachment 2 of this RFP.
2.5.4. Diversity Practices
Diversity practices are the efforts of contractors to include New York State-certified Minority and Women-owned Business Enterprises (“MWBEs”) in their business practices. Diversity practices may include past, present, or future actions and policies, and include activities of contractors on contracts with Non-government entities and governmental units other than the State of New York.