Request for Proposal L&I RFP No. K1305 Identity & Relationship Resolution Software/Services To obtain a copy of the RFP, interested parties must register with the Washington’s Electronic Business Solutions (WEBS) at: http://www.ga.wa.gov/webs/ Please select 9247 – Enterprise Content Management; 9249 – Systems Analysis; 9255 – Client Server, Web & N-Tier Application Development; 9256 – General Mainframe Development; and/or 9257 – General Database Administrator / Database Developer / Data Analyst in your WEBS registration process. State of Washington Department of Labor & Industries June 6, 2008
STATE OF WASHINGTON DEPARTMENT OF LABOR & INDUSTRIES
REQUEST FOR PROPOSALSProject Title: Employer Identity & Relationship Resolution Project
Expected Contract Start: September 8, 2008 through June 30, 2009L&I reserves the right at its discretion, to extend the contract for up to five additional one-year periods. (optional)
Commodity Code: Bidders must register in Washington's Electronic Business Solution (WEBS), an Internet vendor registration and bid notification system, by the bid Due Date. Failure to do so may result in the rejection of the bidder's response. Please select Commodity Code No. 9247 – Enterprise Content Management; 9249 – Systems Analysis; 9255 – Client Server, Web & N-Tier Application Development; 9256 – General Mainframe Development; and/or 9257 – General Database Administrator/Database Developer/ Data Analyst, in your WEBS registration process.
Reference: WEBS Registration, Section 1.6, and RFP Modification and Amendments, Section 1.8.
Maximum Compensation: L&I anticipates that it will spend approximately $350,000 for the work outlined in the Description of Services. The dollar amount may be increased. In the event additional funds become available, any contract awarded may be renegotiated to provide for additional services subject to satisfactory completion of a previous phase.
Proposal Due Date: All bids whether mailed or hand delivered must arrive by 5:00 p.m. local time in Tumwater Washington on July 8, 2008. Faxed bids WILL NOT be accepted.
Submit Bid To: Arlene Dacca, RFP CoordinatorDepartment of Labor & IndustriesPO Box 44720Olympia WA 98504-4720Phone: (360) 902-5362E-mail: [email protected]
For proposal delivery instructions refer to Section 30.3, Proposal Submission, read the directions carefully.
Eligibility: The solicitation is open to firms that satisfy the minimum qualifications stated in Section 1.14, Minimum Qualifications.
L&I will enter into a contract only with the actual software vendor or service supplier as a prime contractor. Proposals requesting joint ventures between vendors will not be accepted. The prime contractor will be required to assume full responsibility for the provision and implementation of a solution that meets the General, Functional and Technical Requirements listed in Section 36.2.2.
1. Introduction...........................................................................62. Background............................................................................63. Funding...................................................................................74. RFP Coordinator....................................................................75. WEBS Registration................................................................76. Questions and Answers.......................................................87. RFP Modification and Amendments..................................88. Acquisition Schedule............................................................99. Acquisition Process..............................................................910. Acceptance of RFP Terms....................................................911. RFP Response Material Ownership.................................1012. Period of Performance.......................................................1013. Contract Amendment.........................................................1014. Insurance..............................................................................1015. Most Favorable Terms.......................................................1016. Sample Contract..................................................................1017. Minority and Women Owned Business Enterprise (MWBE) Participation.................................................................1018. Workstation Fee/Assignment of Staff.............................1219. Final Selection.....................................................................1220. Single Response..................................................................1221. Failure to Comply................................................................1222. Errors.....................................................................................1323. Authority to Bind the Department of Labor & Industries.....................................................................................1324. Selection of Apparent Successful Vendor......................1325. Debriefing of Unsuccessful Vendors...............................1326. Complaints...........................................................................13
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L&I RFP No. K1305
TABLE OF CONTENTS
27. Protest - Grounds For Protest........................................1328. Definitions/Glossary...........................................................1529. Administrative Requirements..........................................17
29.10. Contract Termination for Default................................................................................19
30. Proposal Response.............................................................1930.1. Proposal Format and Content.....................................................................................19
30.4. Cost of Preparing Proposals.......................................................................................20
30.5. Completion of Proposals.............................................................................................20
30.6. False or Misleading Statements.................................................................................20
30.7. Signature of Proposals................................................................................................21
30.8. Delivery of Proposals..................................................................................................21
31. Withdrawal and Resubmission/Modification of Proposals......................................................................................2232. News Releases.....................................................................2333. Current Environment..........................................................23
34.2. Problem Statement......................................................................................................42
34.3. System Users..............................................................................................................42
35. Proposal Selection and Award Process..........................4435.1........................................................................................................................Introduction
4435.2....................................................................................................Receipt of Proposals
4435.3.............................................................................................................Evaluation Team
36. Vendor’s Questionnaire.....................................................4836.1. Administrative and Minimum Requirements..............................................................49
36.1.1. Firm......................................................................................................4936.1.2. Primary Contact Person........................................................................4936.1.3. Principal Officer/s.................................................................................4936.1.4. Conflict of Interest Information & Collective Bargaining Agreement Compliance............................................................................................................4936.1.5. Legal Status of the Vendor...................................................................5036.1.6. Employee Location...............................................................................5036.1.7. Minority/Woman Owned Business.........................................................5036.1.8. Contract Termination for Default..........................................................5036.1.9. Firm Viability........................................................................................51
36.2. Software Package Overview and Features................................................................51
36.2.1. Software Package Overview.................................................................5136.2.2. General, Functional and Technical Requirements.................................52
SPECIAL TERMS & CONDITIONS.....................................................63
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L&I RFP No. K13051. IntroductionThe Washington State Department of Labor & Industries (hereafter called L&I) is initiating this Request for Proposal (RFP) to solicit bids from firms interested in providing a commercial off the shelf (COTS) identity and relationship resolution software solution and necessary implementation services. This software will be used to implement several "quick wins' that are part of this biennium's Field Audit Computer Technology (FACT) project. We will be using the software to help us to discover employers who are purposely using different identifying information to avoid paying appropriate premiums. The software will allow us to determine whether multiple records that appear to describe different individuals or organizations, even with different name variations, are actually records for a single identity.
L&I will enter into a contract only with the actual software vendor or service supplier as a prime contractor. Proposals requesting joint ventures between vendors will not be accepted. The prime contractor will be required to assume full responsibility for the provision and implementation of a solution that meets Functional Requirements, Section 2.10.22. BackgroundIn Washington State, L&I administers the state-operated workers’ compensation. This “State Fund” provides workers with wage-replacement and medical benefits to offset the financial impact of a job-related injury or occupational disease. This no-fault insurance protects employers from lawsuits when work-related injuries and diseases occur. Premiums paid by employers and workers finance the State Fund.
The State Fund serves 180,000 employers and 2.7 million workers and is responsible for establishing and maintaining employer accounts and managing claims for workers with work-related injuries and illnesses. Each year, the State Fund collects in excess of $1.4 billion in premiums and receives approximately 139,000 new claims.
L&I also oversees a number of related workplace and labor related activities, including workplace safety, inspections, licensing and permitting for multiple activities and fixtures (e.g., elevators and boilers, mobile home construction, etc).
In a workers’ compensation system that collects premiums and pays out over $1.4 billion in injured-worker benefits, the potential for fraud and abuse certainly exists. Detecting and preventing fraud is essential to maintaining the system’s financial integrity.
State Fund employers use quarterly reports to calculate and report the premiums they owe. Their “risk classifications” are based on the type of work performed by their employees and their claims experience. Both factors influence the premiums they pay.
Employer fraud and abuse occurs when employers underreport hours, or report hours in an improper risk class with lower premium rates, or don’t register or pay at all. We audit employers’ business records to make sure they report accurately and pay the premiums they owe. The audit function is a primary tool for determining where abusive or fraudulent behavior is taking place.
With only 70 auditors and over 180,000 employers, it’s imperative that they spend their time auditing employers who have a high likelihood of inappropriate reporting. We are in the second phase of a multi-biennia plan to more effectively detect and combat employer abuse of the workers’ compensation system. The focus of the first two phases has been primarily on giving auditors improved tools to complete their work. The third phase will focus on detection activities. Full rollout of the third phase of the project is planned for the 2009-2011 biennium, however several “quick wins” have been identified for implementation between now and June 30, 2009. L&I is interested in acquiring identification and relationship resolution software to assist in the identification of employers who advertise business but are not registered with L&I, those who change their business name and identifying information to avoid high experience ratings or penalties and to begin to develop an understanding of contractor and sub-contractor relationships.3. FundingL&I anticipates that it will spend approximately $350,000 for the work outlined in the Description of
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L&I RFP No. K1305Services. The dollar amount may be increased. In the event additional funds become available, any contract awarded may be renegotiated to provide for additional services subject to satisfactory completion of a previous phase.4. RFP CoordinatorThe RFP Coordinator is the sole point of contact in L&I for this solicitation. Communications directed to parties other than the RFP Coordinator may result in disqualification of the Vendor. The Coordinator for this solicitation is Arlene Dacca. All communications during the proposal development process shall be via e-mail to the RFP Coordinator. Questions will be researched and answered via Section 1.6, Questions and Answers. This procedure will allow the RFP coordinator to provide the same response to all interested vendors.
For proposal submission instructions, refer to Section 30.3, Proposal Submission. For questions about this RFP, the Coordinator can be reached as follows:
Arlene DaccaRFP Coordinator – Identity & Relationship Resolution K1305Department of Labor & IndustriesPO Box 44720Olympia, WA 98504-4720
Note: Please use e-mail to communicate with the RFP coordinator.5. WEBS RegistrationWashington's Electronic Business Solution (WEBS) is an Internet vendor registration and bid notification system maintained by the Washington State Department of General Administration (GA). The system offers one online site (located at http://www.ga.wa.gov/webs ) where vendors can register to receive government bid notifications. L&I shall utilize WEBS for all RFP updates (i.e. addenda, amendments, posting, etc.). Vendors are responsible for checking WEBS for any addenda or changes to the RFP.
Vendors must register in WEBS by the proposal due date. Failure to do so may result in the rejection of the Vendor's response.
Vendors are encouraged to register as early as possible to ensure they receive notification of proposal updates. Vendors will not receive notifications of updates posted prior to registration. These updates must be downloaded from WEBS.6. Questions and AnswersThe Vendors shall e-mail written questions to the RFP Coordinator (see Section 1.4, RFP Coordinator). Early submission of questions is encouraged. Questions will be accepted until the date set forth in Section 1.8, Acquisition Schedule. Written answers will be provided per the schedule in Section 1.8, Acquisition Schedule.
Specific questions concerning the solicitation shall be submitted by e-mail to the RFP coordinator during the Question and Answer Period. Questions will be researched and the official response will be published in writing as addenda and posted on WEBS. This will assure accurate, consistent responses to all vendors. Only the written responses will be considered official.
1. The Vendor is to disregard any oral representations it may have received. Proposals shall be based on the material contained in this solicitation, any amendments (addenda) which may be made hereto, and on official written L&I responses to issues arising in the question and answer period.
7. RFP Modification and AmendmentsL&I reserves the right to change the Schedule or issue amendments to the RFP at any time. L&I also reserves the right to cancel or reissue the RFP in whole or in part, and for any reason, at the sole discretion of L&I at any time prior to execution of a contract. In the event it becomes
L&I RFP No. K1305necessary to revise any part of the RFP, notification shall be posted on WEBS at http://www.ga.wa.gov/webs. Vendors are responsible for checking WEBS for any addenda or changes to the RFP.
Vendors will not receive notifications of addenda or changes posted prior to vendors’ registration in the WEBS. These updates must be downloaded from WEBS. (NOTE: See Section 5, WEBS Registration)8. Acquisition ScheduleL&I reserves the right to change this schedule at any time.
EVENT DATES & TIME
Issue RFP June 6, 2008
Question and Answer Period June 6, 2008 – June 13, 2008
Questions & answers published on WEBS June 17, 2008
Due Date for Proposals July 8, 2008, 5:00 p.m.
THE FOLLOWING DATES ARE ESTIMATES
Conduct Evaluations July 9 – 15, 2008
Notify Finalists and Non-finalists July 16, 2008
Notify Finalists of On-site presentation dates July 17, 2008
Onsite Presentations July 29 – 31, 2008
Site Visits August 18 – 20, 2008
Notification of Apparent Successful Vendor August 25, 2008
Debriefing Conferences August 26 – 29, 2008
Contract Negotiation/Execution Beginning August 26, 2008 until signed, concluding no later than September 5, 2008
OFM (Office of Fiscal Management) Filing Period
10 working days after contract signed
Project Start Date September 22, 2008
Project Complete June 30, 20099. Acquisition ProcessL&I will conduct this RFP in accordance with the Revised Code of Washington (RCW) Chapters 43.105. This includes compliance with statewide standards issued under the delegation of authority from the Washington State Information Services Board (ISB), the Department of Information Services (DIS).10. Acceptance of RFP TermsA proposal submitted in response to this RFP shall be considered a binding offer. Acknowledgement of this condition shall be indicated by signature of an officer of the Vendor who is legally authorized to execute contractual obligations by submitting a signed Certifications and Assurances, Section 2.13, with their Proposal. A Vendor must clearly identify and thoroughly explain any variations between its proposal and this RFP. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as outlined or specified in the RFP.11. RFP Response Material OwnershipAll material submitted in response to this RFP becomes the property of L&I. L&I has the right to use any of the ideas presented in any such materials. Selection or rejection of a proposal does not affect this right.12. Period of Performance
L&I RFP No. K1305The Period of Performance of any contract resulting from this solicitation is scheduled to begin no later than September 22, 2008. The project must be completed no later than June 30, 2009, after which, provided successful completion, purchase/lease of software/services will be initiated for follow-on years. Amendments, if any, after the contract is awarded, extending the scope, maximum dollar limit and/or period of performance shall be at the sole discretion of L&I. Any contract awarded extension and/or amendment as a result of this procurement is contingent upon the availability of funding. 13. Contract AmendmentAdditional services that are appropriate to the scope of this RFP, as determined by L&I, may be added to the resulting Contract by a written amendment as mutually agreed to and executed by both parties.14. InsuranceThe Vendor chosen through this solicitation shall provide proof of insurance coverage for operating in the state of Washington as set out in the sample contract that is part of this solicitation.15. Most Favorable TermsL&I will reserve the right to make an award without further discussion of the proposal submitted; there will be no best and final offer procedure. Vendors’ responses to this RFP should be initially submitted on the most favorable terms the Vendor can offer.
(Note: The RFP Coordinator may contact the Vendor for clarification of a portion of the proposal.)
This RFP may become part of the Contract resulting from this solicitation. Contract negotiation may provide for the incorporation of some or all parts of the proposal. It is understood that vendors’ proposals will become a part of the official file on this matter without obligation to L&I.16. Sample Contract The apparent successful Vendor will be expected to enter into a contract with L&I that is substantially the same as the Sample Contract which is part of this solicitation. In no event is a Vendor to submit its own standard contract terms and conditions in response to this solicitation. The Vendor may submit suggested exceptions as allowed in Certifications & Assurances. L&I is not required to make the requested changes and may reject the Vendor’s proposal as non-responsive, if the Vendor submits substantial exceptions to the terms and conditions or, after negotiation, L&I and the Vendor cannot agree on the requested changes.17. Minority and Women Owned Business Enterprise (MWBE) ParticipationL&I expects the contractor to represent L&I’s interest in goal attainment and MWBE participation.
General StatementIn accordance with the legislative findings and policies set forth in Chapter 39.19 RCW L&I of Washington encourages participation in all of its contracts by MWBE firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). Participation may be either on a direct basis in response to this solicitation/invitation or as a subcontractor to a Vendor/Bidder. The following voluntary numerical MWBE participation goals have been established for this solicitation/invitation:
MBE 10% WBE 4%
However, unless required by federal statutes, regulations, grants, or contract terms referenced in the contract documents, no preference will be included in the evaluation of bids/proposals, no minimum level of MWBE participation shall be required as a condition for receiving an award and bids/proposals will not be rejected or considered non-responsive on that basis. Any affirmative action requirements set forth in federal regulations or statutes included or referenced in the contract documents will apply. Vendors may contact OMWBE at 360-753-9693 to obtain information on certified firms.
Reporting RequirementsIf any part of the contract, including the supply of materials and equipment, is actually subcontracted during completion of the work, then prior to final acceptance or completion of the contract or as otherwise indicated in the contract documents the Contractor shall submit a statement of participation indicating what MWBEs were used and the dollar value of their subcontracts.
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L&I RFP No. K1305Record KeepingThe Contractor shall maintain, for at least three years after completion of this contract, relevant records and information necessary to document the level of utilization of MWBEs and other businesses as subcontractors and suppliers in this contract as well as any efforts the contractor makes to increase the participation of MWBEs. The Contractor shall also maintain, for at least three years after completion of this contract, a record of all quotes, bids, estimates, or proposals submitted to the Contractor by all businesses seeking to participate as subcontractors or suppliers in this contract. L&I shall have the right to inspect and copy such records. If this contract involves federal funds, Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents.
Non-DiscriminationContractors, Vendors, and Bidders shall not create barriers to open and fair opportunities for all businesses including MWBEs to participate in all State contracts and to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Contractor shall not discriminate on the basis of race, color, creed, religion, sex, age, nationality, marital status, or the presence of any mental or physical disability in an otherwise qualified disabled person.18. Workstation Fee/Assignment of StaffContractor staff identified in the response to the RFP will work onsite for at least the approximate number of hours described. Any request for a variance shall be in writing to L&I's Contract Manager who shall have discretion to approve/disapprove such variance. L&I will charge the contractor a workstation fee of $139.00 per month to cover the cost of the workstation for each workstation assigned. This amount shall be invoiced by the contractor as a credit against invoiced charges to L&I.
L&I may at their sole discretion, without cause, and at any time during the term of the Contract, require immediate replacement of a Contractor’s employee(s). Unless authorized in writing in advance by L&I’s Contract Manager, subcontracting or substituting proposed Contractor staff with other staff will not be allowed.
L&I may assign other contractors and/or L&I staff to work with the Contractor on the same project team(s). The Contractor shall work collaboratively and share knowledge and expertise with the L&I project team to ensure a successful and timely completion. The Contractor shall not supervise L&I employees. The description of deliverables is not intended to completely describe all work the Contractor would need to complete the deliverables. The contractor shall control the manner and means and otherwise do all things necessary for or incidental to the performance of work set forth in the description of deliverables.19. Final SelectionL&I will reserve the right, at its sole discretion, to reject any or all responses without penalty and not issue a contract as a result of this solicitation.
L&I will reserve the right to refrain from contracting with any vendor. The issuance of this solicitation does not compel L&I to purchase. The final selection, if any, will be that response which, in the opinion of L&I, best meets the requirements set forth in this solicitation and is in the best interest of L&I and the State of Washington.20. Single ResponseA single qualifying proposal (i.e. receipt of only a single bid that is responsive to this RFP) may be deemed a failure of competition and, at the sole option of L&I, the solicitation may be canceled. Conversely, receipt of only one proposal may allow L&I to award a contract to that Vendor. In the event a single qualifying proposal is received, L&I reserves the right to waive the requirement for oral presentation/product demonstration if the written proposal is deemed sufficient from an evaluation perspective to move the procurement process forward.21. Failure to ComplyThe Vendor is specifically notified that failure to comply with any part of the solicitation may result in rejection of the bid as non-responsive.
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L&I RFP No. K1305Non-responsive proposals may not be scored. Failure to respond to any portion of the Vendor’s Questionnaire may result in rejection of the bid as non-responsive and the proposal may not be scored.22. ErrorsL&I will not be liable for any errors in proposals. L&I reserves the right at its sole discretion, to make corrections or amendments due to minor administrative irregularities contained in any proposal and/or may contact the Vendor for clarification of the proposal.23. Authority to Bind the Department of Labor & IndustriesThe Director of the Department of Labor & Industries or her designees are the only individuals who may legally commit L&I to the expenditures of funds for a contract resulting from this RFP solicitation. No cost chargeable to the proposed contract may be incurred before receipt of either a fully executed contract or specific, written authorization from the Acting Director or her designees.24. Selection of Apparent Successful VendorThe Coordinator will compile the scores and recommend to L&I management the selection of an Apparent Successful Vendor by the date specified in Section 1.8, Acquisition Schedule.25. Debriefing of Unsuccessful VendorsUnsuccessful Vendors will be afforded a debriefing conference. The request for a debriefing conference must be received by L&I’s RFP Coordinator within five (5) working days after mailing by L&I of the Notification to Unsuccessful Vendor. Discussion will be limited to a critique of the requesting Vendor's response. Comparisons between proposals or evaluations of the other Vendor's responses will not be allowed. The debriefing conference will be held on dates listed in the Acquisition Schedule, Section 1.8.26. ComplaintsA vendor may submit a complaint to L&I prior to responding to an RFP document if the vendor believes the RFP document unduly constrains competition or contains inadequate or improper criteria. The complaint shall be made in writing to L&I before the due date of the solicitation response. The RFP process may continue. A copy of the complaint shall be forwarded to the policy and planning unit of the Department of Information Services (DIS) by L&I. L&I must also reply to the vendor with a proposed solution and advise DIS of its reply. If the vendor rejects L&I’s proposed solution, DIS may direct modification of solicitation requirements, modification of schedule, direct withdrawal of the solicitation, or may take other steps that it finds appropriate. The DIS decision is final; no further administrative appeal is available.27. Protest - Grounds For ProtestProtests may be made after the agency conducting the acquisition has announced the apparently successful vendor and after the protesting vendor has had a debriefing conference with that agency. Protests may be made on only these grounds:
Arithmetic errors were made in computing the score. The agency failed to follow procedures established in the solicitation document, the IT
Investment Policy, the IT Investment Standards, or applicable state or federal laws or regulations.
There was bias, discrimination, or conflict of interest on the part of an evaluator.
Protest ProcessProtests are always initially made to the agency conducting the acquisition. The protest letter must be signed by a person authorized to bind the vendor to a contractual relationship. The agency RFP Coordinator must receive the written protest within five business days after the debriefing conference and must, in turn, immediately notify DIS of receipt of the protest. It must also postpone further steps in the acquisition process until the protest has been resolved.
Individuals not involved in the protested acquisition will objectively review the written protest material submitted by the vendor and all other relevant facts known to the agency. The agency must deliver its written decision to the protesting vendor within five business days after receiving the protest, unless more time is needed. The protesting vendor will be notified if additional time is necessary.
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L&I RFP No. K1305If the protesting vendor is not satisfied with the agency’s decision, it may appeal. Appeal is made to DIS unless DIS was the acquiring agency or the acquisition requires ISB approval. Appeals in the latter two situations are made to the ISB. The ISB appeal process is discussed below, after discussion of the DIS appeal process.
Written notice of appeal to DIS must be received by DIS within five business days after the vendor receives notification of the agency's decision.
In conducting its review, DIS will consider all available relevant facts. DIS will resolve the appeal in one of the following ways:
Find that the protest lacks merit and uphold the agency's action. Find only technical or harmless errors in the agency's acquisition process, determining the
agency to be in substantial compliance, and reject the protest; or Find merit in the protest and provide options to the agency, including: Correcting errors and reevaluating all proposals; Reissuing the solicitation document; or Making other findings and determining other courses of action as appropriate.
DIS will issue a written decision within five business days after receipt of the notice of appeal, unless more time is needed. The protesting vendor will be notified if additional time is necessary. DIS’ determination is final; no further administrative appeal is available.
If a protest arises from an acquisition that requires ISB approval, the vendor may appeal to the Chair of the ISB if it is not satisfied with the acquiring agency’s decision. Written notice of appeal must be received by the Chair of the ISB within five business days after the vendor received notification of the acquiring agency's decision. The protesting vendor does not first appeal to DIS. The Chair of the ISB will establish procedures to resolve the appeal. The resulting decision is final; no further administrative appeal is available.
Form and ContentA written protest must contain the facts and arguments upon which the protest is based and must be signed by a person authorized to bind the vendor to a contractual relationship. At a minimum, this must include:
The name of the protesting vendor, its mailing address and phone number, and the name of the individual responsible for submission of the protest.
Information about the acquisition and the acquisition method and name of the issuing agency.
Specific and complete statement of the agency action(s) protested. Specific reference to the grounds for the protest. Description of the relief or corrective action requested. A copy of the issuing agency's written decision on the protest, for appeals to the ISB or to DIS.
28. Definitions/GlossaryAccount ID: The industrial insurance account number, also known as the L&I account number, firm number and employer identification (ID) number. Audit: Review of (an employer’s) historical records to assess whether under-reporting (or over-reporting) took place. Audit functions are conducted by professionally trained auditors. Bid, Response, Proposal: A formal "offer" made in reply to this solicitation.Bidder: The Vendor or entity submitting a formal offer.Contractor: A person who agrees to supply materials and/or perform certain work for a stipulated sum.DIS: Department of Information Services.Employee: A person employed to do work for wages.Employer: Any person, firm, or corporation engaged in this state in any work covered by the Industrial Insurance Act and employing or contracting with one or more workers.Employer Fraud: Employers who knowingly misclassify employees in lower cost rate classes, under-
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L&I RFP No. K1305report worker hours, or fail to pay required premiums.Employer Audits: Inspection to assure that employers have reported and paid premiums in accordance with industrial insurance slaws, rules and regulations. Records may be audited either for “due cause” or by random selection.Experience Factor: An actuarially computed factor, based on past claim experience, that is multiplied by the base rate of a class to arrive at the rate for an individual firm. For example, an employer with an experience factor less than 1.0000 pays less than the average employer in that risk class. Supersedes the obsolete term “indicated modification factor.” Experience Rating: A method of adjusting an employer’s industrial insurance premium to reflect the actual claim experience of his/her account. Field Audit Unit: A unit consisting of field auditors and management that inspects employers books, and records (authorized under RCW 51.48.040) to determine if the firm is correctly reporting.Field Audit Adjustment: Adjustments that are made after a field auditor has found changes in a firm’s reporting.Governing Person: A person who has ownership and controlling interest in a firm.Industrial Insurance: A no-fault insurance program covering accidents and illnesses that occur while employees are involved in their work, commonly known as workers’ compensation.Industrial Insurance Premiums: The amount an employer must pay to insure an employee. The premiums are based on worker hours.Investigation: Actions taken by L&I to address apparent egregious under-reporting include formal fraud investigation by a separate unit of trained law enforcement/auditing staff. A full array of investigative measures will be applied circumstances dictating, including: subpoenas, affidavits, forensics, legal hearings and prosecution, if warranted. Master Business Application: Application employers must complete to open an account with the department and purchase coverage through the State Fund. The form allows a business to apply for licenses, workers’ compensation insurance, and other state required permits in one stop.Quarterly Report: A departmental form sent to employers at the end of each quarter, to be used in reporting hours, computing premiums, and remitting payment for workers’ compensation insurance.Risk Classification: A categorization of employers based on the potential risks that their workers face. The classification determines the employer’s industrial insurance premium rates. A grouping of business or industries having common exposures to hazard. Base industrial insurance rates are actuarially calculated separately for each risk classification and are commensurate with the workplace hazards inherent within an industry.Sub-Contractor: One that enters into a subcontract and assumes some of the obligations of the primary contractor.Successor: Successor" means any person to whom a taxpayer quitting, selling out, exchanging, or disposing of a business sells or otherwise conveys, directly or indirectly, in bulk and not in the ordinary course of the taxpayer's business, a major part of the property, whether real or personal, tangible or intangible, of the taxpayer.System users: Agency employees. L&I: Washington State Department of Labor and Industries.RFP: The Request for Proposals used as a solicitation document in this procurement, as well as all amendments and modifications thereto.RCW: The Revised Code of Washington (Washington State Law).Unified Business Identifier (UBI): The number used by all Washington state taxing agencies to identify businesses in a common manner. The five agencies involved are Labor and Industries, the Employment Security Department, the Department of Revenue, the Department of Licensing and the Secretary of State. The number is comprised of nine digits.Unregistered Employer: A firm that has not registered with the Department of Labor and Industries in the state of Washington to cover their workers for industrial insurance
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L&I RFP No. K1305Vendor: One who sells goods or services. For this RFP the Vendor is the individual or entity that will provide the systems and or hardware. It shall also include any Subcontractor retained by the Vendor as permitted, and restricted, under the terms of the Contract.WAC (Washington Administrative Code: Department regulations, authorized by statute and holding the force of law, adopted to enforce the various RCWs29. Administrative Requirements
29.1. IntroductionThis section addresses the administrative requirements for vendors responding to Department of Labor and Industries RFP K1305 Identification and Relationship Resolution (software or services). Responses to the requirements in this section must be included in the Vendor’s response to the Vendor’s Questionnaire. Vendors must meet and adhere to all of the requirements included in this RFP. All forms associated with this section must be completed. All administrative requirements in this section are mandatory. Failure to positively identify the Vendor’s intention to fulfill the requirement may result in a determination of unresponsiveness to this RFP and subsequent disqualification of the Vendor’s Proposal.
29.2. Minimum QualificationsAll vendors or bidders must meet these minimum qualifications:
The Bidder must be the actual software vendor or service supplier (not a subcontractor or systems integrator) of identity and relationship resolution software.
The preferred bidder will have implemented their application successfully in at least three comparable organizations (i.e. state or other public workers compensation organization, insurance entity or other state agency). Firms with fewer implementations will not be disqualified if they meet the other requirements stated in this RFP.
The selected Bidder must be willing to enter into a contract with L&I which is substantially the same as the attached Sample Contract, and be prepared to begin work on this project no later than September 22, 2008.
Bidders who do not meet the minimum qualifications and/or fail to provide the required information as described in the Vendor’s Questionnaire may be deemed non-responsive and may not receive further consideration.
29.3. Mandatory Business Requirements The Bidder must provide information to L&I by completing the Vendor’s Questionnaire. Failure to provide the information requested, will be considered non-compliant and may result in a disqualification of the Bid.
29.4. Proprietary Information & Public DisclosureIn order to protect the integrity of the contracting process, which is a vital state interest, responses will not be disclosed until after award and signing of the contract. It is L&I's duty to conduct the state's business in such a way as to protect the public. In order to so protect, L&I will not disclose responses before a contract is signed. This will ensure fair competition without undue advantage to any bidder leading to private gain and public loss.
In order to protect the integrity of the contracting process, which is a vital state interest, and to preserve the confidentiality of vendor specific data, information contained in vendor proposals will not be disclosed until after award and signing of the contract, and only then upon receipt of a proper public disclosure request subject to the terms and conditions described below. These measures are followed to provide for fair competition without undue advantage being provided to any Vendor leading to private gain and public loss.
Any information contained in the bid that the Bidder desires to claim as proprietary and exempt from disclosure under the provisions of chapter 42.56 RCW, must be clearly designated. The page and the particular exception(s) from disclosure upon which the Bidder is making the claim must be identified.
Each page claimed to be exempt from disclosure must be clearly identified by the word "confidential" printed on the lower right hand corner of the page. Marking the entire bid as
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L&I RFP No. K1305confidential will be neither accepted nor honored and may result in disclosure of the entire bid. The Bidder must be reasonable in designating information as confidential.
After the contract is signed, the proposals shall be deemed public records as defined in chapter 42.56 RCW. Confidentiality is available only to the limited extent allowed in state law.
L&I can choose to disclose despite information being marked as confidential.29.5. Certifications and Assurances
The Bidder must complete, sign and submit the Certifications and Assurances, Section 2.13, of the Vendor’s Questionnaire, agreeing to all the terms and conditions of this RFP. By providing a signature the Bidder attests that all requirements are met and that the Bidder is willing to enter into a contract substantially the same as the attached Sample Contract, and be prepared to begin work on this project no later than September 22, 2008.
29.6. Vendor IdentificationThe tax identification number provided must be that of the Vendor/Bidder responding to this RFP. The Vendor/Bidder must be a legal entity with the legal right to contract.
29.7. Use of SubcontractorsProposals requesting joint ventures between vendors will not be accepted. L&I will enter into a contract only with a prime vendor. The prime vendor will be required to assume full responsibility for the services identified in this RFP whether or not the services are provided by the prime vendor.
The prime vendor may enter into written subcontract(s) to provide for performance of certain functions under the contract. However, the successful Bidder may enter into such subcontracts only with written approval from L&I prior to the effective date of any subcontract. The prime vendor shall be wholly responsible for the entire performance of the contract whether or not subcontractors are used.
29.8. Vendor Status as a Washington BusinessPrior to execution of the contract, the Vendor must comply with the Washington State law requiring registration with the Washington State Department of Revenue and shall be responsible for payment of all taxes due on payments made under this Contract.
29.9. Financial Viability/StabilityThe Bidder must disclose any and all judgments, pending or expected litigation, or other real or potential financial reversals which might materially affect the viability or stability of the proposing organization; or warrant that no such condition is known to exist.
The Bidder must provide a concise written summary regarding the overall size, strength, and soundness of the firm. This shall include a discussion of the breadth and depth of services and support of business process and workflow solution sets. It shall indicate how many years the firm has been in existence, and provide information regarding pertinent future business plans.
This information is needed only from the subsidiary or division if there is a parent company.
This summary must be included in the Vendor’s Questionnaire.29.10. Contract Termination for Default
Termination for default is defined as notice to stop performance which was delivered to the Vendor due to the Vendor's non-performance or poor performance. In other words, default is broadly described to include any situation where work against a contract was stopped by the client for reasons related to vendor performance. The performance issue(s) may or may not have been litigated.
If you had a contract terminated for default at any point during the last five years, submit full details including the other party's name, address, and the phone number, where indicated on the Vendor’s Questionnaire. Present your position on the matter. L&I will evaluate the facts and may, at its sole discretion, reject the bid on the grounds of it’s past experience.
Failure to report instances of contract cancellation due to issues of vendor non-performance will be grounds for proposal disqualification. 30. Proposal Response These instructions describe the mandatory proposal format and the approach for the development
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L&I RFP No. K1305and presentation of proposals. Failure to follow format instructions could result in disqualification of the proposal. Bidders must meet all the requirements, answer all the questions, and provide all the requested information as specified in this RFP.
Bidders must complete and answer all the questions in the Vendor’s Questionnaire, Section 2.1, below and include it in the submitted proposal. Include additional pages as needed to respond to all information required.
30.1. Proposal Format and ContentAll proposals must be written in English. All pages in the proposal must be standard 8.5" x 11" paper, except charts, diagrams, etc., which may be foldouts. If foldouts are used, the folded size must fit within the 8.5" x 11" format. Each copy of the proposal must be provided separately in an appropriately sized 3-ring binder.Clear, straightforward presentations are preferred. To achieve this goal, proposals should be formatted as follows: page numbers should be located in the same page position throughout the proposal; Figures, tables, charts, etc., should be assigned index numbers and be referenced by these numbers in the proposal text and in the proposal Table of Contents. Figures, etc., must be placed as close to text references as possible. Do not respond by referencing material presented elsewhere. The response provided immediately after the restatement of the requirement shall be considered complete and stand on its own merits. Except where noted in the Methodology & Approach for Deliverables that a “Yes” or “No” response indicating agreement with a specific statement, a response of “will comply” or “see above” or similar statement shall receive zero (0) points for scoring purposes .
Failure to respond to any portion of the Vendor’s Questionnaire may result in rejection of the bid as non-responsive and the bid will not be scored.
Please answer all questions in the manner stipulated with only the information requested. Your response will be evaluated based on its clarity and direct applicability to the question. If the Bidder feels additional information needs to be supplied, please clearly identify this as “Additional Information.”
30.2. Vendor IdentificationThe Vendor’s name must be entered at either the top or bottom of each page of the bid.
30.3. Proposal SubmissionA bidder must submit one (1) original (clearly marked), five (5) copies and one (1) electronic copy on portable media (In MS WORD format) of the bid and the bid must arrive at the address listed below no later than 5:00 p.m., local Olympia time on July 8, 2008. Notwithstanding the provisions of RCW 1.12.070, postmarks will not be considered as the date received for purposes of this solicitation.
Responses sent by fax or e-mail are NOT acceptable.Late bids shall not be accepted and shall automatically be disqualified from further consideration.
30.4. Cost of Preparing ProposalsL&I is not liable for any costs incurred by Vendors in the preparation and presentation of proposals submitted in response to this RFP solicitation.
30.5. Completion of Proposals All submitted proposals must be complete in all respects as required by this section.
A proposal may be rejected if it is conditional or incomplete, or if it contains any alterations or other irregularities of any kind.
30.6. False or Misleading StatementsProposals containing false or misleading statements or which provide references that do not support an attribute or condition claimed by the Vendor may be rejected. If, in the opinion of L&I, such information was intended to mislead L&I in its evaluation of the proposal and the attribute, condition, or capability is a requirement of this RFP, it will be the basis for rejection of the proposal.
30.7. Signature of Proposals
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L&I RFP No. K1305A transmittal letter (which shall be considered an integral part of the submission) shall be signed by an individual who is authorized to bind the Vendor firm contractually. The signature must indicate the title or position that the individual holds in the firm. An unsigned proposal shall be rejected.
30.8. Delivery of ProposalsAll proposals must arrive at the address listed below no later than 5:00 p.m., Olympia local time, on the due date specified in Section 1.8, Acquisition Schedule,. Proposals arriving after the deadline will be rejected and returned to their senders. Postmarking by that time will not be accepted as a substitute for receipt. Vendors assume all responsibility for the mode of delivery selected. Proposals sent by facsimile will not be accepted.
The method of delivery shall be at the discretion of the Vendor, and shall be at the Vendor’s sole risk to assure delivery at the designated time and place. L&I will not take responsibility for any problems in the mail or delivery services.
All bids and accompanying documentation which arrive before the due date and are not officially withdrawn by the Vendor before the due date will become the property of L&I and will not be returned.
Proposals Delivered by US POSTAL SERVICE
Proposals sent through the United States Postal Service (USPS) must be addressed as follows:
Note: Use this address forU.S. POSTAL SERVICE
Arlene DaccaRFP Coordinator – Employer Identity & Relationship Resolution K1305Information ServicesDepartment of Labor & IndustriesPO Box 44720Olympia, WA 98504-4720
Vendors who use a priority, registered and/or certified delivery service are encouraged to use a delivery service other than the USPS for material that is time sensitive or for proof of receipt by L&I. The USPS does not provide direct physical delivery to the L&I building located in Tumwater, Washington. They deliver to L&I’s mail system building in Olympia.
If the proposal is sent through the USPS, L&I does not accept the following as proof of mailing:
1. A metered postmark;2. A mail receipt dated by the U.S. Postal Service; or3. A dated postmark by the U.S. Postal Service.
Proposals Delivered by Express Delivery Service, Hand or Courier
Vendors who use a priority, registered and/or certified delivery service are encouraged to use a delivery service other than the USPS for material that is time sensitive or for proof of receipt by L&I. Proposals that are delivered using express delivery services, hand-delivered, or courier must be delivered to the L&I’s physical address:
Note: Use this address forEXPRESS or DIRECT DELIVERY SERVICE
Arlene Dacca, RFP CoordinatorDepartment of Labor & IndustriesInformation Services7273 Linderson Way SWTumwater, WA 98501
Proposals may be left at the front desk in the headquarters rotunda. L&I will accept hand delivered
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L&I RFP No. K1305proposals between 8:00 a.m. and 5:00 p.m. (local time in Tumwater, Washington) daily, except Saturdays, Sundays, and State Holidays. Faxed bids will not be accepted.DirectionsArriving from North of Tumwater: Take I-5 South to Exit 101, the Tumwater Boulevard Exit. From the off-ramp, turn left at the light onto Tumwater Boulevard, and go over the freeway. At the next light, turn left onto Linderson Way. The L&I headquarters building is the second building on your left side. Please park in the visitor parking lot and come in through the main entrance to the glass rotunda.
Arriving from South of Tumwater: Take I-5 North to Exit 101, the Tumwater Boulevard Exit. From the off-ramp, turn right onto Tumwater Boulevard. At the next light, turn left onto Linderson Way. The L&I headquarters building is the second building your left side. Please park in the visitor parking lot and come in through the main entrance to the glass rotunda.31. Withdrawal and Resubmission/Modification of ProposalsA Vendor may withdraw it’s proposal at any time prior to the proposal due date and time specified in Section 1.8, Acquisition Schedule, by submitting a written notification to the RFP Coordinator of withdrawal signed by the Vendor authorized in accordance with Section 30.7, Signature of Proposals.The Vendor may thereafter submit a new or modified proposal prior to the proposal due date and time. The proposal must be resubmitted with one (1) original (clearly marked), and six (6) printed copies, and one (1) electronic copy on portable media in MS Word.
Modification offered in any other manner (i.e. oral), will not be considered. Clarifications of Proposals are not modifications. Proposals cannot be changed or withdrawn after the due date and time designated for receipt.32. News ReleasesVendors shall not issue any news releases pertaining to this RFP or any contract awarded from the RFP unless and until the contract has been fully executed and written approval for such news release has been given by L&I.33. Current Environment
33.1. Project EnvironmentThe FACT project is a multi-phased effort to provide technology improvements to strengthen L&I’s ability to combat employer premium abuse and fraud. Other aspects of L&I’s approach include increasing the number of employer audit staff, implementation of a predictive dialer system to make early telephone contact with those who owe us money, additional staff to complete alternative (mail-in) audits, a dedicated assistant attorney general to support local prosecutors or act as co-counsel on workers’ compensation cases involving criminal fraud, cross-agency collaboration and cross-program collaboration. Despite these efforts, the lack of automated targeting capability limits the effectiveness of the agency to target outlier employers, apply scarce auditor resources to the most productive cases, and recover overpayments and achieve a maximum return on investment.
33.2. BackgroundThis is the second phase of a multi-biennia project to more effectively detect and combat employer abuse of the workers’ compensation system. The focus of the first two phases has been primarily on giving auditors improved tools to complete their work. The third phase will focus on detection activities.
In the first phase, we replaced an aging, decade-old application the auditors used to complete audits. The new FACT application allows the auditors to work more efficiently and securely by:
Providing a screening tool that brings data together from many systems Allowing staff to download audit information to a laptop to support mobile needs Providing security of data on the laptop
The second phase is well underway, and we have provided many enhancements to the FACT application that allow the auditors to complete their work in a more efficient manner. Once the second phase is completed, we will:
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L&I RFP No. K1305 Make audits easier for employers by supporting phone, mail and self-audit tools Improve our ability to analyze audit results by providing a picture of the audit from inception
through collection Decrease lag times and delays by improving automation for other programs that support audit
activities
The focus of the third phase is to improve our ability to detect the right employers on which to complete audits. Automating the evaluation of data and targeting of the most significant employer fraud cases is the cornerstone of this request. While the agency has a wealth of data available from a wide range of sources, the work to evaluate this data to detect potential abuse is a time-consuming, manual process. The proposed solution achieves several objectives:
Increases L&I’s ability to detect employer fraud and compliance suspects Levels the playing field for businesses that must compete against the “underground economy:
of intentional non-compliance Increases premium revenues from employers Reduces the number of on-site audits for honest employers Increases voluntary compliance by employers
Full rollout of the third phase of the project is planned for the 2009-2011 biennium, however several “quick wins” have been identified for implementation during this biennium. These include:
Finding businesses that advertise services, but aren’t registered Examining relationships between contractors and sub-contractors Identifying employer successorship – employers who close and open under a new name
The following organization is currently in place for the FACT project
:
33.3. Related Applications/Systems33.3.1. Internal Applications
The following table provides an overview of L&I applications that provide information that could be
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SponsorsCarl Hammersburg (Executive Sponsor)
Brian Fordham, Kathy Vargas, Bob
Lanouette (Project Sponsors)
Project ManagerArlene Dacca
(RFP Coordinator)
Project Team Business Unit Staff
IS Tech Team Liaison
Technical Support Teams
Contracted Business
Analysts
Becky Brewer, Kris Parce
L&I RFP No. K1305useful in resolving employer identifies and relationships.
Application Name Description Database Operating System
AIMS-AFRS INTF MGMT SYS-CASHR
CLIENT/SERVER APPLICATION TO ELECTRONICALLY MAINTAIN THE TRACKING OF ALL CASH RECEIPTS RECEIVED THROUGH THE AGENCY TUMWATER LOCATION) CASHIER OFFICE. ORIGINALLY AN MSACCESS APPLICATION, NOW AN MSACCESS "DATA PROJECT" WITH NO USE OF ACCESS TABLES. THE SYSTEM INCORPORATES DAILY INTERFACES TO BOTH OFM/AFRS AND TREASURER (STO) SYSTEMS TO TRANSMIT DEPOSIT DATA.
MS SQL WINDOWS-2003
AIMS-AFRS INTF MGMT SYS-CRV
INTRANET WEB APPLICATION TO PROVIDE SEARCH AND REVIEW OF AGENCY CASHIER RECEIPTS.
MS SQL WINDOWS-2003
AIMS-AFRS INTF MGMT SYS-LKBX
A CLIENT/SERVER APPLICATION THAT ALLOWS DATA ENTRY OF CASH RECEIPTS INFORMATION INTO THE AGENCY CASHIER CASH RECEIPTS TRACKING DATABASE. USED PRIMARILY BY THE MAILROOM.
MS SQL WINDOWS-2003
AIMS-AFRS INTF MGMT SYS-VEND
A FILE/SERVER APPLICATION THAT PROVIDES A SIMPLIFIED INTERFACE TO GENERATE ACCOUNTS PAYABLE DOCUMENTS. FUNCTIONS PROVIDE, INTERFACE TO HR-CAFE TRAINING BILLINGS, PRINTING OF A-7, A-8 & A-19 DOCUMENTS, TRANSMITTAL OF DOCUMENT DATA TO AFRS, HISTORICAL DOCUMENT REVIEW.
ACCESS MS SQL
IBM-390-ZOS
WINDOWS WINDOWS-
2003
ARC---ACCOUNTS-RECEIVABLE-COLLECT
THE ACCOUNTS RECEIVABLE - COLLECTION (ARC) APPLICATION IS A WEB-BASED CENTRALIZED SYSTEM AND DATABASE TO HOLD ALL THE AGENCY'S ACCOUNTS RECEIVABLE INFORMATION. THE APPLICATION ALSO REPRESENTS A COLLECTION SYSTEM FOR THE AGENCY'S REVENUE OFFICERS WITH TOOLS INCLUDING PAYMENT AGREEMENTS, LEGAL ORDERS AND ASSESSMENTS.
MS SQL WINDOWS
ARTS-APPRENTICESHIP WEB APP
"THIS IS A WEB-BASED APPLICATION TO IDENTIFY, ENROLL, TRACK AND MANAGE APPRENTICES, PROGRAMS, AND OCCUPATIONS WITHIN WASHINGTON. IT INTERFACES WITH SEVERAL APPLICATIONS INTERNAL AND EXTERNAL TO L&I, AND IS USED BY THE SPECIALTY COMPLIANCE APPRENTICESHIP PROGRAM AS WELL AS L&I FIELD APPRENTICESHIP COORDINATORS."
MS SQL WINDOWS-2000
BBIP-BASIC BOOK INTERNET PROJECT
THE BBIP SYSTEM PROVIDES AUTOMATED INTERNET ACCESSIBLE INFORMATION ON REGISTERED CONSTRUCTION CONTRACTORS, PLUMBERS, ELECTRICAL CONTRACTORS AND CERTIFIED ELECTRICIANS. THROUGH THE SYSTEM THE PUBLIC CAN CHECK THE LICENSE AND INSURANCE STATUS OF THEIR CONTRACTOR. APPROXIMATELY 5000 A MONTH SINCE IMPLEMENTATION.
SYBASE WINDOWS
CLAIMS MANAGEMENT THIS AREA OF LINIIS PROVIDES AUTOMATED PROCEDURES AND BATCH REPORTING TO ASSIST WITH CASE RESERVE PROCESSING, THE INITIATION, ADJUDICATION, REVIEW AND THE PROCESSING OF ORDERS AND LETTERS FOR
ADABAS SYBASE
VSAM
IBM-390-ZOS
WINDOWS WINDOWS
NT
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L&I RFP No. K1305CLAIMS. APPROXIMATELY 180,000 WORKERS COMPENSATION CLAIMS ARE PROCESSED ANNUALLY. APPROXIMATELY 7,000 CRIME VICTIMS CLAIMS ARE PROCESSED ANNUALLY; WITH A BIENNIAL BUDGET OF $26.5 MILLION. SYSTEM NUMBER(S):08
CONVMGMT-ELEVATOR INSPECTION&TRK
THE CONVEYANCE MANAGEMENT SYSTEM PROVIDES AUTOMATED PROCEDURES TO CREATE, MAINTAIN, AND TRACK WA CONVEYANCE AND OWNER/LOCATION INFORMATION, ALLOWS FOR THE ENTRY AND LOGGING OF INSPECTION AND RE-INSPECTION REPORTS; GENERATES INVOICES, OPERATING CERTIFICATES, PERMITS, INSPECTION/RE-INSPECTION REPORTS. THERE IS AN EXTERNAL WEB APPLICATION ALLOWING THE PUBLIC TO VIEW THE RESULTS OF CURRENT CONVEYANCE INSPECTIONS.
MS SQL WINDOWS-2003
CRIS-CONTRACTOR REGI INFO SYS
THE CRIS SYSTEM PROVIDES AUTOMATED PROCEDURES TO CREATE, MAINTAIN, AND TRACK ELECTRICAL AND CONSTRUCTION CONTRACTOR, ELECTRICIAN, ELECTRICAL ADMINISTRATOR, PLUMBER, MEDICAL GAS PIPING INSTALLERS AND TRAINEE RECORDS (ELECTRICAL AND PLUMBER). FUNCTIONS SUPPORTED INCLUDE AUTOMATED RENEWAL, CERTIFICATION, TRACKING, RECORD KEEPING, AND REPORT GENERATION TASKS. INFRACTIONS TRACKING IS PART OF THE CRIS SYSTEM WHICH PROVIDES AUTOMATED PROCEDURES TO CREATE, MAINTAIN, AND TRACK THE INFRACTIONS RECORDS OF CONTRACTORS WHO HAVE VIOLATED THE RCWS.
ISAM FAST UNIX
CROSSMATCH AUTOMATED MATCHING PROGRAM BASED ON UBI. COMPARES DATA FROM FOUR ENTITIES: DOR, ESD, L&I INDUSTRIAL INSURANCE (LINIIS), AND L&I CONTRACTOR REGISTRATION (CRIS). THE PURPOSE IS TO IDENTIFY UNREGISTERED CONTRACTORS AND REFER THE INFORMATION TO APPROPRIATE ENTITY.
ADABAS IBM-390-ZOS
DATA WAREHOUSE-FISCAL A LARGE DATABASE SYSTEM FOR REPORTING AGENCY FISCAL DATA. THE DATA IS USED BY THE FIRS CLIENT SERVER APPLICATION AND VARIOUS DESKTOP REPORTING TOOLS THAT ALLOW THE CUSTOMER TO DO THEIR OWN ADHOC REPORTING OF FISCAL INFORMATION. APS DATA IS INCLUDED IN THE AFRS DATABASE. DOP/HRMS DATA WAS ADDED IN MAY 2003. SEVERAL EIS APPLICATIONS (MEDRS BEING THE MOST POPULAR) HAVE BEEN DEVELOPED TO PROVIDE SPECIFIC DATA TO CUSTOMERS IN A REPORT FORMAT.
REDBRICK UNIX WINDOWS
DATA WAREHOUSE-INDUSTRIAL-INS
A VERY LARGE DATABASE SYSTEM FOR INDUSTRIAL INSURANCE DATA THAT INCLUDES MEDICAL, CLAIM, EMPLOYER, RATES/ACTUARIAL, CONSULTATION/COMPLIANCE, THIRD PARTY, MBA, BENEFIT PAYMENTS, PENSIONS, VOC REHAB AND SPECIALTY COMPLIANCE SERVICES INFORMATION. IT IS A CLIENT/SERVER APPLICATION USING REDBRICK DATABASE, UNIX SCRIPTS, AND VARIOUS DESKTOP REPORTING TOOLS THAT ALLOW THE CUSTOMER TO DO THEIR OWN ADHOC REPORTING. MULTIPLE EIS APPLICATIONS HAVE BEEN CREATED FOR USERS TO VIEW DATA IN A REPORT FORMAT.
REDBRICK UNIX WINDOWS
EASE-EMP ACCTG SYS ENHANCEMTS
THE EMPLOYER ACCOUNTING SYSTEM ENHANCED (EASE) PROCESSES THE ACCOUNTS
ADABAS VSAM
IBM-390-ZOS
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L&I RFP No. K1305RECEIVABLE AND COLLECTION OF CASH FROM EMPLOYERS WHO PURCHASE WORKER'S COMPENSATION INSURANCE. THE SYSTEM REPORTS THE DEPARTMENT'S INDUSTRIAL INSURANCE REVENUE CYCLE, INCLUDING PREMIUM ASSESSMENT, CASH RECEIPTS AND RECEIVABLES. APPROXIMATELY $250 MILLION IN PREMIUMS COLLECTED QUARTERLY. SYSTEM NUMBER(S):15
ECKO-ENHANCED COLLNS & KEY ACCTS
THE EXISTING SYSTEM WAS MODIFIED TO SUPPORT THE IMPLEMENTATION OF THE KEY ACCOUNT PILOT PROJECT AND TO ADD FEATURES WHICH SUPPORT THE AUTOMATION OF COLLECTION PAYMENT AGREEMENTS, PRODUCTION AND TRACKING OF COLLECTION LEGAL DOCUMENTS AND AUTOMATED AGREEMENTS, PRODUCTION AND TRACKING OF COLLECTION LEGAL DOCUMENTS, AND AUTOMATED ACCOUNT WRITE-OFF. ALSO USES THE PREDICTIVE DIALER AUTOMATED CALLING SYSTEM TO CONTACT DEBTORS. (REPLACED THE UNDERWRITING SYSTEM) SYSTEM NUMBER (S):15
ADABAS IBM-390-ZOS
ELECTRICAL MOBILE INSPECTIONS
THIS APPLICATION WAS CREATED TO REPLACE THE OUTDATED "BUBBLE SHEETS" AND SCANTRON SCANNERS UPON WHICH THE L&I ELECTRICAL INSPECTORS RELIED TO RECEIVE ELECTRICAL PERMITS AND UPLOAD THE COMPLETED INSPECTIONS ASSOCIATED WITH THOSE PERMITS. THIS IS PRIMARILY A FIELD SERVICE APPLICATION.
MS SQL WINDOWS
EMPLOYER HISTORY THIS SYSTEM PROVIDES A WIDE RANGE OF BUSINESS INFORMATION, HOWEVER IT HAS BEEN PROGRAMMATICALLY RESTRICTED TO ONLY SHOW ENFORCEMENT HISTORY PRIOR TO 7/1/1996. ALL OTHER DATA HAS BEEN MIGRATED INTO THE WIN SYSTEM. WIN NOW HAS FULL HISTORY REVIEW FOR ALL CONSULTATION AND PRE JULY 1996 ENFORCEMENT INFORMATION. USES OF THIS SYSTEM INCLUDE: 1) IDENTIFY STATEWIDE REPEAT OR WILLFUL VIOLATIONS; 2) EXAMINE EXPOSURE TRENDS; 3) PREPARE FOR INSPECTIONS, CONSULTATIONS, AND HEARINGS; 4) PROVIDE INFORMATION TO THE DATA WAREHOUSE 5) DISPLAY WISHA STANDARD VARIANCES AND CLAIMS DATA
ADABAS VSAM
IBM-390-ZOS
EMPLOYER SERVICES THIS SYSTEM CREATES AND MAINTAINS EMPLOYER SERVICES DATA, SUCH AS POLICIES, ACCOUNTS, RISK CLASSES, AND BUSINESS ADDRESS, ETC.). 164,000 EMPLOYERS. SYSTEM NUMBER(S):14
ADABAS VSAM
IBM-390-ZOS
EMS---ENTITY-MANAGEMENT-SERVICE
THE PURPOSE OF THE SYSTEM IS TO ALLOW THE USERS TO USE ITS SERVICES TO MATCH ENTITIES BASED ON ENTITY DEMOGRAPHIC DATA AND TO MAINTAIN A LIST OF IDENTIFIERS USED BY VARIOUS BUSINESS UNITS TO IDENTIFY THE ENTITY. E.G. ARC SYSTEM WILL BE ABLE TO USE THE SYSTEM TO CONSOLIDATE DEBTORS BASED ON THEIR DEMOGRAPHIC INFORMATION. THIS WILL HELP GET RID OF DUPLICATE DEBTORS IN THE SYSTEM. IT WILL ALSO HELP ARCSYSTEM TO COMMUNICATE ABOUT A DEBTOR TO OTHER BUSINESS UNITS USING THE IDENTIFIER THEY RECOGNIZE FOR THAT PARTICULARDEBTOR E.G. CLAIMANT ID FOR THE CLAIMS SYSTEM, UBI FOR EASE SYSTEM, CONTRACTOR ID FOR CRIS SYSTEM, ETC
MS SQL WINDOWS
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L&I RFP No. K1305EPIS THIS APPLICATION ALLOWS ALL EXTERNAL
CUSTOMERS THE ABILITYTO BUY PERMITS USING THEIR CD ACCOUNTS OR CREDIT CARDS.THIS IS OPEN TO "SECURED" CONTRACTORS AND PUBLIC USERS.THIS APPLICATION ALSO ALLOWS THE CITY OF AUBURN TO SELLELECTRICAL PERMITS. THIS APPLICATION ALLOWS FOR INSPECTIONREQUEST AND REVIEW BY THE PUBLIC AS WELL AS THE SECUREDUSERS. (THIS APPLICATION REPLACES IPEP AND EIRS)
MS SQL WINDOWS-2003
WINDOWS NT
ESCH-EMPLMT STDS CASE HANDLING
THIS IS A STATEWIDE CLIENT/SERVER SYSTEM USED FOR DATA COLLECTION OF CASES FOR THE EMPLOYMENT STANDARDS AGENTS WITHIN L&I AND FOR PRODUCING MANAGERIAL REPORTS AND LETTERS REQUIRED WITHIN THE DEPARTMENT.
SYBASE WINDOWS UNIX
EXPRESS-FILING SYSTEM THAT ALLOWS EMPLOYERS WHO FILE INDUSTRIAL INSURANCE QUARTERLY REPORTS WITH LABOR AND INDUSTRIES TO DO SO USING THE INTERNET ALONG WITH AN ELECTRONIC PAYMENT METHOD.
ADABAS IBM-390-ZOS
FACT – FIELD AUDIT COMPUTER TECHNOLOGY
AUTOMATED THE FIELD AUDIT PROCESSING INCLUDING ELECTRONIC COMMUNICATION BETWEEN OLYMPIA AND THE FIELD OFFICES. THE SYSTEM ENABLES THE FIELD AUDITORS TO WORK MORE EFFECTIVELY AND EFFICIENTLY BY ALLOWING THEM TO DOWNLOAD EMPLOYER INFORMATION FROM THE AGENCY DATABASE TO THEIR LAPTOP PERSONAL COMPUTERS, PERFORM THE AUDIT, THEN UPLOAD THE RESULTS BACK TO THE AGENCY DATABASE. THERE IS A LAPTOP PC SIDE OF THE SYSTEM AND THE FAE APPLICATION ITSELF, INCLUDING THE UPLOAD TO AND DOWNLOAD FROM THE AGENCY LINIIS DATABASE. THE EASE TEAM HAS DEVELOPED PROGRAMMING IN LINIIS TO FLAG THE ACCOUNTS FOR AUDIT. THERE ARE APPROXIMATELY 153 AUDITS CONDUCTED PER MONTH. SYSTEM NUMBER(S):15
ADABASMS SQL
IBM-390-ZOS
WINDOWS
HYPERION-SERVER-APPLICATION
HYPERION PERFORMANCE SUITE IS VENDOR PURCHASED APPLICATION SOFTWARE PURCHASED FROM HYPERION. THIS APPLICATION RUNS ON A WIN 2003 SERVER AT L&I AND TOGETHER WITH THE HYPERION CLIENT SOFTWARE (EXPLORER AND INSIGHT)CONSIST OF THE FRONT-END MOST COMMONLY USED FOR DATA WAREHOUSE REPORTING / RESEARCHING / AND DEVELOPING EXECUTIVE INFORMATION SYSTEMS. THE EIS'S ALSO RESIDE ONE THE HYPERION SERVER, BUT THEY ARE DEVELOPED AND MAINTAINED BY ADMINISTRATIVE SERVICES - DATA ANALYSIS SECTION.
MS SQL REDBRICK
WINDOWS-2003
IRL QUICKCARDS IRL IS A NEW WEB-BASED INTRANET/INTERNET APPLICATION THAT ALLOWS FOR CONTRACTOR RENEWAL AND REGISTRATION AT L&I FIELD SERVICE LOCATIONS AND OVER THE INTERNET. THE INTERNET VERSION ACCEPTS CREDIT CARDS, AND ALLOWS FOR THE ELECTRONIC EXCHANGE OF INFORMATION WITH BOND AND INSURANCE COMPANIES AS WELL AS CONTINUING EDUCATION COURSE PROVIDERS.
MS SQL WINDOWS-2003
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L&I RFP No. K1305LINIIS-L&I INDUST INSURANCE SYS
THIS ACRONYM STANDS FOR "LABOR AND INDUSTRIES INDUSTRIAL INSURANCE SYSTEM". HOWEVER, IT IS ALSO REFERRED TO AS "LABOR AND INDUSTRIES INDUSTRIAL INTEGRATED SYSTEM
ADABAS IBM-390-ZOS
MBA PROCESSING THIS SYSTEM DISTRIBUTES BUSINESS APPLICATIONS TO POLICY MANAGERS BASED ON INDUSTRY'S TYPE CODE AND ESTABLISHES THE EMPLOYER SERVICES DATA (CREATE POLICIES, ACCOUNTS, RISK CLASSES, ETC.). SYSTEM NUMBER(S):14 (FORMERLY KEY ACCOUNTS)
ADABAS IBM-390-ZOS
MINOR-INJURY-REPORT APPLICATION CREATES DATABASE OF MINOR INJURY CLAIM DATA AND DOL MASTER LICENSE AND ENDORSEMENT DATA AND PRODUCES VARIOUS REPORTS FOR USE BY INDUSTRIAL RELATIONS AGENTS
ACCESS WINDOWS
PAIRS---PERMIT-AND-INSPECTION-RE
INTERNAL APPLICATION THAT HANDLES PERMITS AND INSPECTIONS FOR L&I. THIS SYSTEM INTERFACES WITH THE REVENUE RECORDING (FRONT COUNTER SYSTEM)
MS SQL WINDOWS
PWIA-PREV WAGE I&A-INTERNET
THIS INTERNET SECURED APPLICATION ALLOWS THE SUBMISSION OF INTENTS OR AFFIDAVITS FOR APPROVAL BY L&I. ALLOWS THE PAYMENT BY CREDIT CARD ACCESSED VIA TRANSACT WASHINGTON. INTERNET PUBLIC SITE ALLOWS THE REVIEW OF SUBMITTED INTENTS OR AFFIDAVITS.
SYBASE UNIX WINDOWS WINDOWS-
2003
PWIA-PREV WAGE I&A-INTRANET
THIS APPLICATION AUTOMATES THE MANUAL INTENT AND AFFIDAVIT (I&A)APPROVAL PROCESS PERFORMED BY THE PREVAILING WAGE SECTION OF SCSD. IT IS AN INTRANET APPLICATION, FORMS PROCESSORS RECEIVE I&A THROUGH THE US MAIL, KEY THEM INTO PWIA, CLICK ON THE APPROVE BUTTON AND EITHER APPROVE THE FORM OR GENERATE A CORRECTION NOTICE TO EMAIL BACK TO THE CUSTOMER. IF THE I&A FORM IS APPROVED IT IS MARKED SO, AND AN APPROVAL EMAIL IS GENERATED TO THE CUSTOMER. THE CUSTOMER IN THIS CASE ARE 95 PERCENT GENERAL CONTRACTORS. THE OTHER 5 PERCENT ARE MANUFACTURER LIKE TODD SHIP YARD, AND SOLE PROPRIETORS.- INTRANET APPLICATION ALLOWS FOR THE APPROVAL OF SUBMITTED INTENTS OR AFFIDAVITS. ALLOWS THE ENTRY OF PAPER INTENTS OR AFFIDAVITS RECIEVED BY L & I OFFICES. CONSOLIDATES ALL INTENTS & ADFIDAVITS INTO ONE SHARED COMPREHENSIVE DATABASE, WHETHER INTRANET(ENTERED BY L&I), OR INTERNET (SUBMITTED ONLINE BY CUSTOMERS).
SYBASE IBM-390-ZOS
UNIX WINDOWS WINDOWS-
2003
RAP-RATES ADJUSTMENTS
THE RATES ADJUSTMENT SYSTEM PROVIDES AN AUTOMATED MEANS OF ADJUSTING AN EMPLOYEES' EXPERIENCE FACTOR, AND GENERATING REFUNDS TO EMPLOYERS WHO HAVE OVERPAID IN PREMIUMS. THERE ARE SEVERAL REASONS AN ADJUSTMENT MAY BE REQUIRED. THE MOST COMMON REASONS FOR ADJUSTMENTS STEM FROM CHANGES IN THE OWNERSHIP OF A BUSINESS OR A THIRD PARTY RECOVERY FOR A CLAIM. THE SYSTEM ALSO PROVIDES MANAGEMENT INFORMATION, SUCH AS THE NUMBER OF ADJUSTMENT RECEIVED AND COMPLETED, DOLLARS REFUNDED. THE SYSTEM IS COMPRISED OF APPROXIMATELY 34 LINIIS
ADABAS VSAM
IBM-390-ZOS
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L&I RFP No. K1305PROCEDURES (84 NATURAL AND 21 CICS COBOL PROGRAMS) AND 26 BATCH JOBS REFERENCING 17 COBOL PROGRAMS. APPROXIMATELY 9000 ADJUSTMENTS PERFORMED ANNUALLY. SYSTEM NUMBER(S):RA
RTS-EMPLOYER- AUDIT IMPLEMENTED IN FEBRUARY IN 2007, THE SYSTEM TRACKS REFERRALS FOR EMPLOYER AUDIT IN SUPPORT OF THE DETECTION & TRACKING UNIT (DTU) WITHIN THE FRAUD PREVENTION & COMPLIANCE BUSINESS AREA. REFERRALS MAY ORIGINATE FROM INTERNAL STAFF OR THEY MAY BE RECEIVED FROM EXTERNAL SOURCES AND EITHER ENTERED INTO THE SYSTEM BY STAFF, OR ARE RECEIVED THROUGH THE RTS EXTERNAL APPLICATION. DTU STAFF REVIEW, SCREEN, AND SCORE THE REFERRAL, COMPLETING THE REFERRAL WITH A FINAL DISPOSITION. REVIEWERS MAY RETRIEVE EMPLOYER DATA VIA MESSAGING. BASED ON THE FINAL DISPOSITION, A REFERRAL TO AUDIT IS AUTOMATICALLY SENT TO THE FIELD AUDIT COMPUTER TECHNOLOGY (FACT) SYSTEM THROUGH A WEB SERVICE. ALSO, THE SYSTEM COMMUNICATES WITH THE REFERRAL SOURCE VIA AUTOMATIC EMAIL.
MS SQL REDBRICK
WINDOWS-2003
WIN-ACTIVITY REPORTING THIS SYSTEM ALLOWS FIELD SERVICES STAFF, I.E., INSPECTORS AND SUPPORT STAFF ACCESS THE APPLICATION THROUGH WEB BROWSERS INSTALLED ON AGENCY-STANDARD PERSONAL COMPUTERS (PC) OR LAPTOPS. THESE WEB SCREENS ALLOW STAFF TO TRACK HOURS SPENT IN SUPPORT OF CONSULTATION OR ENFORCEMENT ACTIVITIES. THESE HOURS ARE REPORTED TO THE FEDERAL OSHA SYSTEM.
MS SQL
WIN-CONSULTATION THIS SYSTEM ALLOWS FIELD SERVICES STAFF, I.E., CONSULTANTS AND SUPPORT STAFF ACCESS THE APPLICATION THROUGH WEB BROWSERS INSTALLED ON AGENCY-STANDARD PERSONAL COMPUTERS (PC) OR LAPTOPS. THESE WEB SCREENS ARE PRE-POPULATED WITH EMPLOYER INFORMATION IMPORTED FROM THE AGENCY'S CORPORATE DATABASE (LINIIS) WHENEVER POSSIBLE TO REDUCE DATA INPUT AND ENHANCE DATA INTEGRITY. RESULTS OF FIELD VISITS AND INVESTIGATIONS ARE ENTERED AND REVIEWED BY SUPERVISORS AND/OR CENTRAL OFFICE STAFF AS NECESSARY.
MS SQL
WIN-ENFORCEMENT THIS SYSTEM ALLOWS FIELD SERVICES STAFF, I.E., INSPECTORS AND SUPPORT STAFF ACCESS THE APPLICATION THROUGH WEB BROWSERS INSTALLED ON AGENCY-STANDARD PERSONAL COMPUTERS (PC) OR LAPTOPS. THESE WEB SCREENS ARE PRE-POPULATED WITH EMPLOYER INFORMATION IMPORTED FROM THE AGENCY'S CORPORATE DATABASE (LINIIS) WHENEVER POSSIBLE TO REDUCE DATA INPUT AND ENHANCE DATA INTEGRITY. RESULTS OF FIELD INVESTIGATIONS ARE ENTERED AND ELECTRONICALLY ROUTED FOR REVIEW AND APPROVAL BY SUPERVISORS AND/OR CENTRAL OFFICE STAFF AS NECESSARY. ADDITIONALLY, OUTBOUND CORRESPONDENCE PRODUCTS, SPECIFICALLY THE CITATION & NOTICES ARE PRODUCED VIA CINCOM.
MS SQL
33.3.2. External Applications/Data
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L&I RFP No. K1305The following table describes external data sources that L&I currently has access to and uses to identify employers:
Source & Data DescriptionOnline vs.
BatchMethod of
Access
Frequency of
UpdatesStored in
WarehouseDept. of Revenue
Registered businesses in the state - at UBI level - incudes addresses for location batch
mainframe data quarterly yes
OTISWeb - Same information but more current and more detail. Typically looking for frequency of reporting, related DBA or old business name, expired UBI, possible SSN. online login current no
Businesses who had no UBI and DOR involuntarily gave them a UBI batch CD quarterly yes
All audits - same information they report to IRS batch CD quarterly noCANS - Contractor permits and locations online login current no
Dept. of Licensing
Real estate licensing batchspreadsheet
via e-mailupon
request no
Professional licensing onlinepublic
website No
Drivers plate licensing online
website with a per hit charge
Vessel licensing online website
Endorsements - empoyers who have a permit to hire minors, liquor licenses, underground storage tanks batch
shareable intgeragency
database weekly yes
Master license batch
shareable intgeragency
database weekly yesDept. of Social & Health Services
Division of Child Support - New hire register - deadbeat parent list batch yes
Employment SecurityList of all their accounts on unemployment insurance at UBI level batch mainframe quarterly yes
TAXIS - case by case look-up to verify batch information. Batch information is received approx. 3 months after end of quarter. online login current no
IRSTax filing info for businesses Batch Varies Yes
Location Databaselists valid addresses batch mail quarterly yes
Department of General Administration
list of people GA subs janitorial jobs to spreadsheet emailupon
request no
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L&I RFP No. K1305Sears
list of people Sears subs various jobs to spreadsheet emailupon
request noFederal Express
list of people Fed-X subs delivery jobs to spreadsheet emailupon
request noConstruction Monitor
DB5 file of all persons or contractors who have applied for permits for the week batch email weekly yes
Secretary of StateCorporate/LLC, limited partnerships, - UBI, business name, president, registered agent, address online public website current no
33.4. Technical EnvironmentL&I is highly dependent on information technology for its primary business functions. The largest business applications such as MIPS and LINIIS depend on mainframe technology and there is some use of midrange UNIX servers. Newer business applications rely on web-based Windows application and database platforms in a MS Windows environment. Emphasis is shifting away from building large monolithic systems to more flexible service – oriented architectures.
L&I wants to limit the number of technologies invested in, thus simplifying system maintenance and support. The architectural direction is to be a service-oriented environment, using Microsoft.NET, MS SQL Server database, and support a 32 bit Windows client environment. The goal is for all applications and services to integrate over an XML message-based service bus, built on IBM Websphere MQ products, and to use the BEA Aqualogic (Plumtree) portal for integrated desktop presentation services.
With respect to the database environment, L&I supports MS SQL data bases and reporting applications. L&I does not have the ability to support Oracle or DB2 data base configurations or reporting tools. L&I has standardized on Microsoft SQL Server 2005. L&I does not operate ETL based tools in support of its database functions.
In addition to the headquarters location in Tumwater, WA, L&I offers services at 23 field office locations across Washington state. These offices are all interconnected through a statewide MPLS-based wide area network operated by the Department of Information Services. The network supports approximately 3,000 client computers running Microsoft’s Windows XP, with approximately 2,000 of those located in the headquarters building.
Additional Background - L&I Technical StandardsL&I has developed an architecturally consistent set of technical standards that ensures the best alignment with agency goals and provides the most efficient use of agency resources, e.g. platforms, networks, tools, professional skills, etc. New systems are required to comply with these standards and exceptions are only considered if the existing standard cannot meet the business or technical requirements of the project. The relevant standards for this system are as follows:
DBMS: Microsoft SQL Server 2005 Windows Integrated Development Environment: Microsoft Visual Studio .NET 2005,
migrating to 2008 version by year-end 2009. Development Language: Visual Basic .NET. Any code that must be maintained by
agency staff must be developed in Visual Basic .NET. Version control using Team Foundation Server 2005. Version control will migrate to Microsoft Team Foundation Server 2008 during calendar year 2009.
User Interface (portlets): It is the agency’s preference that applications be designed in such as way that user interfaces can be implemented as portlets to be aggregated by the BEA Aqualogic (Plumtree) portal server which supports JSR 168, WS-RP or ASP.NET with the
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L&I RFP No. K1305preference being ASP.NET.
Client Environment: Agency staff use Intel-based personal computers, Microsoft Windows XP-SP2, Internet Explorer 6.
System Integration: Distributed applications shall use synchronous coupling between application layers (e.g. .NET binary remoting) but loose coupling between applications (see Integration Middleware).
Integration Middleware: Integration occurs at the application layer (as opposed to direct data integration) using asynchronous XML messages transported over IBM’s WebSphere MQ (formerly MQ Series). XML Web services may be used in situations where non-transactional, asynchronous communication is appropriate, but Web services may not be exposed outside the agency firewall. New Web services standards (e.g. WS-Reliable, WS-MTOM, WS-Security) will be implemented as they become widely supported in the industry, but this is not anticipated prior to 2009. The implementation technology is targeting the Microsoft.NET Framework 3.0 and 3.5.
Business Process Integration: BPEL is not yet an agency standard, but support is highly desired.
FileNet P8 – MS Windows Server Enterprise Reporting: Business Object Suite
Table 1. L&I Preferred Products, Toolsets, and Standards
Topic Product or StandardDevelopment Environment for Customizations
Windows Visual Studio .Net 2005
Development Language for Customizations
Visual Basic .Net
Web Server Microsoft IIS 6.0DBMS Microsoft SQL Server 2005 Legacy DBMS ADABAS Portal BEA Aqualogic (Plumtree) for .Net platformsBusiness Process Management
FileNet P8 products: Process engine, content engine, business activity monitor, modeler, forms.
Integration Broker IBM Websphere Message Broker Enterprise Reporting Business Objects
Computing Infrastructure
Mainframe (z/OS) – The agency’s two primary insurance business systems operate on an off-site IBM mainframe managed by the Washington State Department of Information Services (DIS). These systems are LINIIS, the L&I Industrial Insurance System, and MIPS, the Medical Insurance Payment System.
Midrange (UNIX) - The smaller divisions, including Specialty Compliance and Washington State Industrial Safety and Health (WISHA) use Hewlett Packard (HP) UNIX Computers operated at the agency headquarters in Tumwater, WA. The agency also operates an Intel-based NCR UNIX system to support the OSHA-mandated safety program tracking system, IMIS. The agency’s data warehouse operates on an HP UNIX midrange platform and decision support is performed on both the data warehouse and the DIS mainframe.
Web and Application Servers (Windows) – The majority of N-Tier applications are executed on a “Web server farm” comprised of several multi-processor, Intel-based platforms located at DIS. Microsoft Windows services are used for application services integrating LINIIS, CAC, and Imaging processes using IBM WebSphere MQ plus other application services.
Web Facing Portal - The Web Facing Service (WFS) is being built on the BEA Aqualogic
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L&I RFP No. K1305(Plumtree) portal framework that supports ASP.NET, JSR-168 and WSRP portlets. WFS uses portal technology to create function and role-based user interfaces for web-based applications. In addition to Active Directory, the WFS is designed to operate with the SAW and Shared Security services.
Desktop/Office Automation – The agency has standardized on Microsoft Windows XP SP2 for its PC inventory and is in the process of adopting Windows Tablet Edition 2005 for its mobile device operating systems. PDAs are not supported for mobile application solutions. The Microsoft Office suite provides the core office automation functions of word processing, spreadsheet and presentation graphics. Microsoft Outlook, with Exchange, is used for electronic mail and calendaring. Attachmate’s myExtra! Enterprise v7.11 is used to emulate the 3270 terminal sessions required to access the agency’s mainframe applications. A wide variety of other Windows-based office automation products are used depending upon the individual needs of the employee or group.
Database - The agency has several large database systems that support L&I’s legacy business applications. The strategic plan calls for the gradual retirement of most of these legacy systems in favor of smaller data stores integrated through the XML service bus. The following database management systems (dbms) are currently in use by production business applications:
Adabas (z/OS) – Supports legacy insurance systems. Sybase (UNIX) – Supports smaller legacy systems. (being phased out) Redbrick (UNIX) – Strategic data warehouse platform. Rochade (UNIX) – Strategic metadata repository. SQL Server (Windows) – Strategic platform for new applications. Access (Windows) – PC-based, single user or very small workgroup.
Integration Middleware – The agency’s Enterprise Application Integration (EAI) infrastructure is based on using standardized XML messages transported across a secure, reliable messaging infrastructure (message-oriented middleware, or MOM). IBM’s Websphere MQ (formerly MQ Series) provides the message transport and Websphere Message Broker performs message routing (e.g. publish/subscribe, fan-in/fan-out, rules-based routing, etc.).
XML Web services are also beginning to be used, in a limited fashion, and only on the internal network. Eventually, standard Web services protocols will be transported natively across the service bus and will be used to integrate with external business partners.
Application Development – Microsoft Visual Studio .NET is the standard application development suite and applications are developed using a Service-Oriented Development Architecture (SODA) approach. The current development standards are VB.Net and ASP.Net.
Network InfrastructureLAN – The Tumwater headquarters location has a switched Gigabit Ethernet fiber backbone with switched 100Mb Ethernet (copper) to the desktop. Routing is accomplished via a Cisco layer 2 and 3 switches. Servers are connected via switched 100Mb multiple 100Mb or 1000Mb (1Gb) connections.
Each of the 23 field offices has a Cisco layer 3 Ethernet switch and desktops connected to local services at 1000Mb. (note: not all the layer 3 switches have been deployed. The deployment will be completed by end of 2007)
WAN – All field offices connect back to the Department of Information Services (DIS) OB2 building through the statewide MPLS backbone. Each field office connects to the WAN via a Cisco router and a dedicated T1 circuit. Maximum office throughput across the WAN is 1.54Mb/sec.
The Tumwater headquarters network is connected to the DIS data center via a dedicated 200 Mbps circuit. This circuit connects the L&I network to DIS hosted services such as the IBM mainframe, Web application servers and Exchange e-mail servers.
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L&I RFP No. K1305Storage Network – L&I has a significant storage infrastructure with both Storage Area Networks (SAN) and Network Attached Storage (NAS) components with many terabytes of storage. The Brocade Fibre Channel SAN connects all of the agency’s midrange computers to a Hitachi disk array server while the NAS devices are directly attached to the Gigabit Ethernet backbone.
Network Services – Network authentication, login, directory, file, print, DNS and WINS servers are all implemented on multi-processor, Intel-based platforms using the Windows 2000/2003 operating system. All of these servers are located either at the Tumwater headquarters building or in remote field offices.
External Access – Agency employees can access applications via a DIS managed Virtual Private Networking (VPN) service or a Citrix/Terminal Server session for access to centralized desktop type applications. Those needing only remote access to Exchange can use Outlook Web Access.
External customers and partners can conduct business with the agency in a variety of ways. An increasing number of applications are accessible from the agency’s Web site. 34. Proposed Solution
34.1. IntroductionThe successful vendor shall be a direct supplier (e.g. software vendor or direct services supplier) of identity and relationship resolution software. Identity Resolution solves business problems by resolving inconsistent, ambiguous identity and attribute information into a single resolved entity across multiple data sets. The Identity Resolution process determines whether multiple records that appear to describe different individuals or organizations, even with different name variations, are actually records for a single resolved identity. When the process has determined that two or more identities are the same, the multiple records are integrated into a single entity. The resolved identity data is presented in a comprehensive, unified view that maintains all of the data's original attributes, such as information about the individual or organization from prior records — even identifying the source systems that provided the original data.
L&I seeks to contract with a vendor who employs an industry-accepted identity and relationship resolution software and implementation methodology, understands the importance of open and positive communication and has a proven track-record of successful product implementation.
34.2. Problem StatementCurrently, we are notified about possible non-compliant employers through referrals from the public and agency staff or by developing complex queries to run against our data warehouse. The development and analysis of these queries is an inefficient manual process. Existing database reporting ability is limited to the capabilities of the Brio/Hyperion reporting tools. These tools cannot be readily adapted to furnish the kinds of analytics useful to the Detection & Tracking Unit.
Employer fraud takes many forms, but the focus of the RFP is to identify those employers who employ people in Washington without registering with L&I. These are typically firms that work for cash and avoid registering with any governmental agency. The challenge with identifying these employers is that it’s difficult to analyze the data that would give us clues to their identity.The Detection & Tracking Unit is responsible for reviewing referrals and performing data cross matches with internal and external databases for identification of potential misreporting and making referrals for field audits. The staff performing this work is a multi-disciplined group made up of L&I auditors, a revenue officer, an Industrial Insurance underwriter and several information technology specialists. The lack of software supporting employer audit targeting based identification and relationship resolution is an impediment to effectively leveraging existing agency resources. The purpose of this Request for Proposals is to identify and obtain an effective identification and relationship resolution solution to help identify fraudulent employers that is compatible with L&I operating and technical infrastructure.
34.3. System UsersThe following table provides the numbers and types of system users who may use or be linked to the identification and relationship resolution solution in some fashion, followed by descriptions of the system user types.
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L&I RFP No. K1305Table 2. System User Types and Quantities
User Type: Estimated Number:Frequent Users
Fraud Operations and Detection Manager 1Detection & Tracking Unit Supervisor 1Employer Fraud Detection & Tracking Unit Staff 3DTU Information Technology Specialists 2
Detection and Tracking Unit SupervisorThis person supervises the staff who research and analyze databases and referrals for audit assignment. He is expected to participate in defining the application requirements, testing and implementation. Administrator access will be required to add/modify alert rules and resolution criteria.
Employer Fraud Detection & Tracking Unit StaffThese staff, assigned to L&I’s Detection and Tracking Unit, are responsible for researching and analyzing databases and referrals for field audit assignment. They will be afforded general system user access, and will use the results of application screening to identify the highest profile candidates for possible fraud and abuse action/follow-up activities.
DTU Information Technology SpecialistsThese staff members are responsible for developing internal and external database cross matches and detection runs. It is anticipated that they will be granted general system user access, and will require administrator access to add/modify alert rules and resolution criteria.
Collection StaffThis unit is responsible for collecting outstanding premiums, interest and penalties. It is anticipated that they will use the results of the application screening to identify employers that are in collection.
Underground Economy Taskforce StaffThis unit is responsible for targeting the identification of employers who employ people in Washington without registering with L&I or paying premiums. They will be afforded general system user access, and will use the results of application screening to identify the highest profile candidates for possible fraud and abuse action/follow-up activities.
Employer Services Account ManagersThese staff members are responsible for setting up and managing employer accounts. They will be afforded general system user access, and will use the results of application screening to identify the highest profile candidates for possible fraud and abuse action/follow-up activities.
Field AuditorsThese staff members are responsible for conducting audits at the employer’s worksite. They will be afforded general system user access, and will use the results of application screening to identify the highest profile candidates for possible fraud and abuse action/follow-up activities.
Other Interested State AgenciesWe currently share data with the Department of Revenue, the Department of Licensing and the Employment Security department. Often when an employer is not registered with L&I, they are also not registered with these other agencies. L&I is interested in providing the ability to share the results of this targeting with other such agencies.
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L&I RFP No. K130535.1. Introduction
This section presents the process that L&I will follow in evaluating proposals submitted by Vendors in response to RFP No. K1305. Proposals will be evaluated and scored in the following described process to determine the most responsive proposal(s) that offers the best solution and value to L&I. L&I will select the proposal(s) that best meet the requirements set forth in this RFP and offers L&I the best overall combination of services, capability and cost.
35.2. Receipt of ProposalsProposals must be delivered to the L&I RFP Coordinator specified in Section 1.4, RFP Coordinator, at the date specified in Section 1.8, Acquisition Schedule. Each Bid will be date and time marked as it is received and verified that all responses are submitted under an appropriate cover and properly identified. Proposals must be in the quantity and format specified in Section 30.1, Proposal Format and Content, and Section 30.3, Proposal Submission. Proposals may be rejected as non-responsive if not received by the date and time specified in Section 1.8, Acquisition Schedule.
35.3. Evaluation TeamThe evaluation process will be performed under the direction of the RFP Coordinator and other staff designated solely by L&I who will determine which bid is most responsive to the requirements stated in this solicitation. Vendors will not have personal contact with the evaluators except during the oral presentation, if required.
35.4. Evaluation ProceduresThe bids will be evaluated in accordance with the requirements set forth in this solicitation and any amendments. The evaluation process will consider proposal components according to the following four tiers:
1. Compliance with Administrative and Bid Preparation, and Minimum Requirements2. Software Features3. Firm Experience
Staff QualificationsProject and Implementation ApproachCost
4. References5. Product Demonstration and Site Visit
Tier 1: Compliance with Administrative and Bid Preparation, and Minimum RequirementsThe RFP coordinator will review all bids to determine compliance with administrative and bid preparation requirements, and instructions specified in this solicitation. Bids will also be reviewed to ensure that all minimum requirements are met. Only bids meeting all of these requirements may be forwarded to the evaluation team for further review.
Proposals may be disqualified, and not receive further review if any of the following occurs: The Bidder fails to meet response deadlines. The Bidder presents the information requested by the RFP in a manner inconsistent with the
instructions stated in this RFP. The Bidder furnishes an incomplete response. The Bidder fails to meet minimum qualifications. The Bidder failed to show sufficient evidence that:
– The bidding firm is viable and financially solvent.– Evidenced by firm being in existence for a minimum of 3 years. – Evidenced by firm demonstrating financial solvency via submission of financial
statements, and also evidenced by lack of successfully litigated suits, judgments, or claims.
The Bidder states that a mandatory requirement cannot be met.
If all responding bidders fail to meet any single requirement, L&I reserves the right at its sole
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L&I RFP No. K1305discretion to:
Delete or modify the requirement, Declare all proposals as draft and provide an opportunity for bidders to propose a final
proposal, and/or Cancel the procurement.
Tier 2: Software Package Overview and FeaturesThe evaluation team will review the bids and determine which software best meets the requirements stated in this solicitation. The software will be evaluated and scored based upon its ability to fulfill requirements as defined in the RFP, including ability to meet functional capabilities, its fit within L&I current and target architecture environments, and the ability to expand usage of the product to support enterprise functions and provide access to external customers. The software must be stable, and successfully installed in production environments.
The evaluation team may choose one of the top ranked software products, or multiple products for further review and consideration.
Tier 3: Firm Experience, Staff Qualifications, Project & Implementation Approach & CostThe evaluators will then consider and score how well one or more of those top ranked bidders’ responses meets the system integration needs of L&I as described in the bidder's responses to each question, and as evidenced by the proposed workplan and methods, and strength and experience of the proposed project organization. It is important that the bids be clear and complete so that the evaluators can adequately understand all aspects of the bid. L&I, at its sole discretion, may contact the bidder for clarification of the bid.
System integration evaluation will assess the cost, work plan and methods used to support implementation of the product, including an evaluation of the proposed project team.
At completion of this phase of evaluation, preliminary scores will be completed, and the evaluation team may choose one of the top ranked vendors, or multiple vendors for reference checks.
Tier 4: ReferencesUpon completion of Tier 1 - 3 evaluation, preliminary scores will be completed, and references for the top-ranked bidders will be contacted for verification of firm experience.
The evaluation team will contact the references provided by the Bidder to confirm the project description provided in the firm experience section. References will be scored based on responses provided by references regarding the Bidder’s performance and overall client satisfaction.
Tier 5: Product Demonstration & Site VisitL&I may conduct product demonstrations with one or more of the top-ranked bidders, if the evaluation team believes they need additional information to select a bidder. If L&I decides to conduct demonstrations, the RFP Coordinator will notify the bidder(s) of this decision by July 17, 2008. Failure to comply with a request to appear may result in rejection of the bid as non-responsive. The estimated dates for these demonstrations are July 29 – 31, 2008. If L&I chooses to hold demonstrations, they will last up to three hours and will be held at L&I headquarters in Tumwater, Washington. The intent of these presentations is for the Bidders to demonstrate the capabilities of their software/services in meeting L&I requirements, summarize their proposed approach to the project, and to introduce the proposed project team to L&I. L&I may choose to provide scripts to run, sample data and additional questions or topics to present at the demonstration. If held, demonstrations will be scored and added to the top ranked bidders’ preliminary scores from their written proposals and reference checks.
Suggested format for product demonstrations and approximate times are as follows: Review of firm’s experience, implementation approach and project team qualifications – 30-60
Commitments made by the bidder at the product demonstration, if any, must be considered binding by the bidder.
In addition to the product demonstration, the evaluation team may also wish to conduct a site visit with one or more of the top-ranked bidders at one or more locations referenced by the bidder in their response to the Bidder’s Questionnaire. The bidder will assist in the coordination of the site visit with one of the references provided. If L&I decides to conduct a site visit, the RFP Coordinator will notify the bidder(s) of this decision by August 4, 2008. Failure to comply with a request for a site visit may result in rejection of the bid as non-responsive. The estimated dates for these site visits are August 18, 2008 to August 22, 2008. If L&I chooses to hold site visits, the demonstrations at the site will last up to four hours. L&I may provide bidder(s) with a proposed schedule of activities for the visit. If held, a site visit(s) will be scored and added to the top ranked bidders' scores.
Commitments made by the bidder at the site visit(s), if any, must be considered binding by the bidder.
35.5. Evaluation ScoringThe evaluation process is designed to award the contract to the Vendor with the best combination of attributes based on bid evaluation scoring criteria. The scoring/weighting of responses is as follows. The preliminary score will be calculated using the following percentages of the total points awarded for the proposal. A separate score will be calculated for tiers 4 and 5 using the percent of the total points awarded for the final scoring phase.
35.6. Final Total ScoreThe preliminary score includes the sum of all points awarded by the evaluation team. In addition a product demonstration score and/or a site visit(s) may be added to arrive at the final total score.
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L&I RFP No. K1305The final total score is arrived at as follows:
preliminary scoreproduct demonstration, if any
+ site visit(s), if any final total score
35.7. Substantially Equivalent ScoresWhen evaluation of the bids produces numerical ratings that are substantially equivalent (e.g., the scores separated by 2% or less, etc.), L&I shall award the contract to the vendor whose bid is deemed to be in the L&I’s best interest.
36. Vendor’s QuestionnaireVendors who do not meet at least the administrative requirements may be considered non-responsive and the response may not be scored. The vendor must provide a proposal response by using this Vendor’s Questionnaire as the response template. All requested applicable information must be completed.
36.1. Administrative and Minimum Requirements36.1.1. Firm
Firm’s Name Address City State Zip Phone FAX (if any) E-mail Web site Washington State UBI # Federal Tax ID #
The Federal Tax ID No. provided must be that of the Bidder responding to this RFP. The Bidder must be a legal entity with the legal ability to contract.
36.1.2. Primary Contact PersonProvide name, address, phone, fax, e-mail of firm’s RFP point of contact:
Name Address City State Zip Phone FAX (if any) E-mail
36.1.3. Principal Officer/s List more than 3 as appropriate.
Name Address City State Zip Phone FAX (if any) E-mail
Name Address City State Zip Phone FAX (if any) E-mail
Name Address City State Zip Phone FAX (if any) E-mail
36.1.4. Conflict of Interest Information & Collective Bargaining Agreement Compliance
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L&I RFP No. K1305As of the date of this response:
Are you or do you employ or have as a principal officer or member of your governing board, a current employee of L&I of Washington?
Yes - No
Are you or do you employ or have as a principal officer or member of your governing board, a person who is a former employee of L&I of Washington but worked for L&I as an employee within the last two (2) years?
Yes - No
If you answered yes to either of the questions above it is possible that under either the L&I Collective Bargaining Agreement or Chapter 42.52 RCW the person may not be assigned to work on the Contract awarded as a result of this solicitation. You may contact the RFP Coordinator for more information. Submit the information as shown on the table below:
Person’s NamePerson’s TitleState Agency’s NameState Agency Contact PersonContact Person’s PhoneDate Left State Employment
36.1.5. Legal Status of the Vendor Corporation ; Partnership ; Sole Proprietor ;Other 36.1.6. Employee LocationDo you have employees in Washington State?..................................................Yes - No 36.1.7. Minority/Woman Owned Business
(MWBE): .............................................................................................................Yes - No Washington StateCertification # Check one only:...................Minority - Woman 36.1.8. Contract Termination for Default Have you had a Contract terminated for default in the last five years? ………Yes No
Termination for default is defined as notice to stop performance which was delivered to the Vendor due to the Vendor's non-performance or poor performance and the issue of performance was either not litigated due to inaction on the part of the Vendor; or litigated and determined that the Vendor was in default.
If you had a Contract terminated for default in this period submit full details including the other party's name, address, and the phone number. Present your position on the matter. L&I will evaluate the facts and may, at its sole discretion, reject the bid on the grounds of your past experience.36.1.9. Firm Viability Disclose any and all judgments, pending or expected litigation, or other real or potential financial reversals which might materially affect the viability or stability of the proposing organization and subcontractors (if applicable); or warrant that no such condition is known to exist. This information is needed only from the subsidiary or division if there is a parent company.
Do you have any judgments, pending or expected litigation, or other real or potential financial reversals which might materially affect the viability or stability of the proposing organization and subcontractors (if applicable); or warrant that no such condition is known to exist.
If yes, please explain. Yes No
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L&I RFP No. K1305Please provide a copy of the most recent annual financial statement for your firm.
36.2. Software Package Overview and Features
36.2.1. Software Package OverviewProvide a general description of your proposed solution that includes key features of your products/services and experience. This section should consider the requirements and architecture stated in this RFP. This section must clearly demonstrate that:
The proposed software version is currently manufactured and available for general sale, lease, or license on the date the proposal is submitted.
The proposed software is capable for being used for designing, developing, testing, and implementation of the proposed solution within the technology infrastructure desired by L&I.
The proposed software is capable of accommodating future volume and activity growth without requiring major reconfiguration of the system.
The proposed software is a good fit within L&I’s architectural environment.
Provide a description of the software standards for support and maintenance, clearly demonstrating that the vendor could provide adequate problem support, and also provide ongoing software upgrade releases. Describe:
Current version of proposed solution and number of upgrades since first released
Typical version release schedule and next planned release date
The policy on supporting past versions of your proposed software once a new version is released.
User group, forums or other methods of determining enhancements
Help desk support, and support hours. Also describe access methods and average response time.
Describe remote diagnostic support provided.
36.2.2. General, Functional and Technical RequirementsThe vendor shall respond to the general, functional and technical requirements sections as follows. Please describe if your solution meets the stated requirement and how it does so. Reformat and/or use landscape mode for this section if desired.
36.2.2.1. General System RequirementsRequirement Vendor Response
Response time will be less than 2 seconds for 80% of all queries
The user interface will be customer friendly (e.g. Windows-like or browser based) and self-intuitive.The system will be protected against hardware, software and human error in its operation and maintenance. If not supported by host network based security, system access will be governed by a proven password management system. Role based access assignment will be supported. Data will be protected from tampering, alteration and abuse. Access audit trails will be maintained. Features enabling data transmission will provide for the security of data in transit.
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L&I RFP No. K1305Requirement Vendor Response
Vendor’s solution will include proven back-up and recovery capabilities ensuring for system reliability and data recovery. Minimum back-up and recovery capabilities will include routine utilities allowing for recovery of data up to the preceding work night. System will allow auto-scheduling of the generation of media containing back-up files at the administrator’s discretion. Vendor will provide comprehensive on-site training customized for different levels of users: system administrator; super-user; system user; basic inquiry access only. Training will consist of instruction sufficient to provide administrators/users with capabilities that allow them to exercise full functionality at their privilege level, and to maximize system benefits and ROI. Vendor’s solution will have the capability to manage highly confidential data sources such as IRS data.
36.2.2.2. Functional RequirementsAutomatically resolves and links identities (businesses, persons, addresses, UBI, FEIN, SSN, DOB, etc. across systems (LINIIS, FACT, EASE, etc.)Presents a clear, composite depiction of an individual, business or entity that highlights otherwise hidden relationships based on the similarity of multiple attributes Can be used with formatted or unformatted data. The data does not need to be cleaned or scrubbed to achieve high quality results.Performs identity analysis across multiple disparate data sources
Minimizes the need to modify or move data
Maintains confidentiality of all data sources while enabling their participation in the identity resolution process. Enables anonymous, secure collaboration without having to move or expose the underlying data for cases involving highly confidential data sources such as IRS dataIs able to use varied transport protocols – Web Services, MQ Series, MS MQ, database tables, file systems, etc.Resolves identities in real time by:
a. Performing name standardization and rooting
b. Standardizing and validating addressc. Enhancing identity records via third-party
data sourcesd. Compensating for spelling, keying, word
variation and sequence errors in the dataMaintains all historic context around identity
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L&I RFP No. K1305Provides real time self-correction of resolved identities as new information becomes available
Sequence neutral – regardless of the order identity records arrive, identity resolution converges on the same most accurate view of business or individuals with the information available at the timeProvides persistent search with user-specified expiration date
Highly scalable system with capability to process large and extreme volumes of data
Determines both obvious and non-obvious relationships
Supports the addition of “positive lists” so repetitive warnings will not be generated for accounts where common names or known safe accounts cause false positive alertsSupports the ability to create “offender” lists and alerts on arrival of new information on a person of interestSends automatic alerts based on suspicious relationships to the appropriate users
Uncovers “fraudulent network” around an individual or business, showing multiple degrees of separation and allowing easy drill-downProvides a real time quantitative score reflecting the degree of similarity between relationships
Presents a unified view of an individual, business or entity that highlights otherwise hidden relationships and point-and click exploration of similar attributesUses rules-based discovery of suspicious identity matches and questionable relationships
Provides roles-based alert routing of suspicious relationships
Receipt of new identity information triggers immediate identity and relationship resolutions, which cause notification of specified participants in workflowsProvides a web-based configuration console to allow administrators to add/modify alert rules and resolution criteria by point-and-clickAutomatically pushes alerts to external systems through standard EAI/EII interfaces – message queues, Web Services, database tables, etc.
36.2.2.3. Technical/Architectural RequirementsPlease describe your systems technical requirements using the below modifiable template as a framework.
Hardware requirements (server hardware; workstation parameters; other h/w related requirements): ________________________________________________________________________________________________________________________________________________
Database support (database software or storage requirements at the server, application and user levels): _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Other technical requirements for implementing your solution:
36.3.1. Firm ExperienceProvide a concise written summary regarding the overall size, strength, and soundness of the firm. This should include: Number of years your firm has been in business Name of the proposed solution The size of your installed base for the proposed product Number of years your firm has directly offered the proposed solution
The company must possess substantial knowledge as evidenced by previous contracts or projects, published reports, and the project team's skills and experience. The bidder shall describe in detail the experience of the firm with accomplishing at least three recent projects similar in scope and size to the one requested in this RFP, and provide client references. References should be familiar with the work of the bidder’s proposed lead and be open to a product demonstration on site. Each reference client must have had the product in operation for at least six (6) months. Vendor shall use the template below and complete for each client reference. L&I may contact all clients listed in response to this question as Vendor’s references.
Please submit three references using the template directly below.
FIRM REFERENCES
CLIENT TYPE, COMPANY NAME, ADDRESSCONTACT, PHONE, FAX, E-MAIL
START & END DATES OF ENGAGEMENT
SCOPE OF PROJECT IN DOLLARS
NAME OF TEAM MEMBER(S)INVOLVED
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L&I RFP No. K1305
1. (Start & End Dates) $ (Name)
DESCRIPTION OF PROJECT:
Subcontractor (if applicable):
Application: Product/Service:
Services of the client organization:
Total number of departments (functions) using the system: Annual operating budget of client if known:
Total number of employees if known: Total number of system users:
Application and version installed: Number of installed licenses:
When was the System purchased? When was the System implemented?
Business Needs - Describe the type of workflow/business process analysis functionality implemented by the vendor.
Project Management - What was the structure of the organization’s Project Team? (e.g., number of participants, divisions/departments represented, etc.)
- Describe the vendor’s project team structure and general description of their roles.
The Vendor grants permission to L&I to contact all references.
Provide a concise written summary regarding the overall size, strength, and soundness of each subcontractor firm that comprises more than 10% of the project. Describe the roles and responsibilities for the prime versus each subcontractor. Briefly describe the business arrangement between the prime and each subcontractor.
36.3.2. Project Team QualificationsThe proposed project team must demonstrate successful experience in: Implementing the vendor’s solution Developing work plans, and coordinating and tracking projects Performing data management tasks (including translation/migration in a SQL supported
environment). Successful algorithm development/model building in collaboration with the client Report development and generation Performing user/super-user training
The proposed vendor project manager shall have at least 3 or more years of experience in leading enterprise business solution implementation projects, with at least one project being the same size and complexity of this project. This person shall have strong skills in leadership, decision-making planning, communication, problem solving, project management, technical solution implementation, meeting facilitation, and consensus building.
To prove competence in this area, please include an Organization Chart/Description document including the Vendor name, the project team's reporting relationships and team members' areas of expertise, and indicate proposed reporting relationships. For each proposed team member, including a brief summary describing their roles and responsibilities on the project,
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L&I RFP No. K1305and how their background and expertise will contribute to the project team.
Resumes
Include a resume (not to exceed 3 pages) for each individual who will be assigned to this project. This resume shall identify: Name and job title proposed for the project. Areas of expertise and number of years of experience. Relationship, and starting date of employment with your firm. State if person is full time
or part time, officer, employee, subcontractor, or any other relationship. Education, Degrees, and Certificates. Describe the individual’s key work experiences as they relate to skills required for this
project. Identify how this individual has experience with the proposed application software, and indicate how and when this knowledge was obtained.
References
Attach a list naming three individuals who are business references for the person(s) proposed. Do NOT list more than three references. These individuals should be knowledgeable about the person’s prior work experience. Provide the name, title, address, telephone number, and e-mail of each reference, and indicate their relationship to the proposed staff.
36.3.3. Implementation and Project Management ApproachPlease describe your project management and implementation approach including your approach regarding on-site staff (who, what, when - estimated vendor staff time on-site during implementation), identification of major implementation tasks and time frames for same, expected support from L&I (task description, resource responsible), training approach and estimated time required from initiation through implementation. Your proposal may include a narrative description of your implementation approach and/or a preliminary project plan.
36.3.4. CostsPlease describe the proposed implementation and software/services purchase and support costs as follows (vendors should use the following basic template in submitting their cost proposals. Clear/concise elaboration is allowed as long as this basic format is followed) :
Components Description/Hours Cost
Implementation
Professional services (if different from implementation costs)
Training
Travel
Other services (describe)
Purchase/License Fee (describe packaging and time period)
Maintenance/Support Specify time frame
Total Bid Price
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L&I RFP No. K1305Please describe the L&I staff resources (e.g., project manager, system administrator, subject matter expert, etc.) and other support requirements needed to implement and operate the vendor’s solution. Please articulate a typical client organization’s resource requirements for implementing your solution in the following table (reformatting is allowed):
L&I Staff Requirements
Position Title Short Description of Responsibilities # FTEs (or fraction)
Other Organizational Support Required
Type/Title Short Description Estimated annual cost
36.4. Certifications & Assurances The Vendor makes the following certifications and assurances as a required element of the bid to which this is a part, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of related Contract/s.
The Vendor authorize all references, employers (past and present), business and professional associates (past and present), and all governmental agencies and institutions (local, state, or federal) to release to L&I any information, files, or records required for the evaluation of this bid.
The bid is a firm offer for a period of 120 days following receipt, and it may be accepted by L&I without further negotiation (except where obviously required by a lack of certainty in key terms) at any time within the 120 day period.
The Vendor certifies that the costs bid to perform this Contract do not exceed those charged any other client for the same services performed by the same individuals. The prices and/or cost data were determined independently, without consultation or communication for the purpose of restricting competition. However, the Vendor may freely join with other persons or organizations for the purpose of presenting a single bid. In such an instance the Vendor certifies that all joint Vendors have signed this bid.
The Vendor understands that L&I will not reimburse the Vendor for any costs incurred in the preparation of this bid. All bids become the property of L&I, and the Vendor claims no proprietary right to the ideas, writings, items or samples unless so stated in the bid.
In preparing this bid, the Vendor has not been assisted by any current or former employee of L&I of Washington whose duties relate or did relate to this bid or prospective Contract, and who was
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L&I RFP No. K1305assisting in other than his or her official, public capacity. Neither does such person nor any member of his/her immediate family have any financial interest in the outcome of this bid.
Unless otherwise required by law, the prices and/or cost date which have been submitted have not been knowingly disclosed by the Vendor and will not knowingly be disclosed by him/her prior to opening, directly or indirectly to any other Vendor or to any competitor.
No attempt has been made or will be made by the Vendor to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.
The Vendor agrees that submission of the bid constitutes acceptance of all of the RFP contents, including but not limited to, procedures, evaluation criteria, requirements, administrative instructions, and other terms and conditions, including the General Terms and Conditions Attachment A, Statement of Work, Attachment B, Budget, Attachment C, and Performance Measurement, Attachment D, of the Sample Contract. If there are any exceptions to these assurances that the Vendor would like L&I to consider, the Vendor has described those exceptions in detail on a separate page titled “Exceptions to Assurances.” L&I is not required to make the requested changes. If selected as the apparent successful Vendor, and if after negotiation L&I and the Vendor cannot agree to Contract terms, the Vendor agrees that L&I can reject the bid and select an alternate Vendor.
Signature of VendorI certify that I am the (title)_____________________________________ of (organization name) _____________________________________________ and am authorized to submit this bid on behalf of my organization. The information submitted with this bid is accurate and true to the best of my knowledge.
(Signature) (Date)
(Print Name)
(Title)
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L&I RFP No. K1305SAMPLE CONTRACT
This is a sample contract only. The purpose of this sample is to give bidders an idea of the basic structure of L&I’s contract with private vendors. It is NOT meant to contain in its entirety the terms and conditions of the final
contract as awarded in response to this RFP.
CONTRACT FOR SOFTWARE LICENSEBETWEEN
STATE OF WASHINGTONDEPARTMENT OF LABOR & INDUSTRIES
AND
(Contractor’s Name)
This Software License Contract (hereinafter referred to as “Contract”) is made and entered into by and between the state of Washington, acting by and through the Washington State Department of Labor & Industries (hereinafter called "L&I"), and
(Contractor’s Name)
(Contractor’s Address)
(Contractor’s Address)
Telephone:
Facsimile:
E-mail:
(hereinafter called "Contractor").
PURPOSEThe purpose of this Software License Contract is to govern the Contractor’s furnishing, installation, custom design (if necessary), configuration, delivery, implementation, testing, training, support and maintenance of a system including software named and . The Contractor shall grant or procure for L&I the right to use any software and other related services in accordance with the terms and conditions of this Contract. This Contract is not for personal use.
In consideration of the terms and conditions contained herein, the parties agree as follows:
SPECIAL TERMS & CONDITIONSSTATEMENT OF WORKThe Contractor shall furnish the necessary personnel, equipment, material and/or services and otherwise do all things necessary for or incidental to the performance of work set forth in the Statement of Work, Attachment B, which is attached hereto and incorporated herein.
TERMS AND CONDITIONSAll rights and obligations of the parties to this Contract shall be subject to and governed by the following: Special Terms & Conditions contained in the text of this Contract; the General Terms and Conditions, Attachment A, the Statement of Work, Attachment B, the Budget, Attachment C, the Escrow Contract, Attachment D, and the Performance Measurement, Attachment E which is attached hereto and incorporated herein; and L&I’s Request for Proposal (RFP) and the Contractor’s Bid which are incorporated by reference herein.
PERIOD OF PERFORMANCERegardless of the date of signature and subject to its other provisions, the Contractor shall begin performance on , 2000.
1. Software Delivery The Contractor shall deliver the Software ordered pursuant to this Contract on or before , 2000. For any exception to this Delivery Date, the Contractor must notify L&I and obtain prior approval in writing. Time is of the essence with respect to delivery and the Contractor may be subject to liquidated damages and/or termination of this Contract and/or other damages available under law for failure to deliver on time. The software implementation, design (if necessary), testing and training must be completed prior to , 2000.
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Sample Contract
L&I RFP No. K13052. Training The starting dates of the training will be as agreed by the parties, but in no case later than , 2000.
3. Performance Testing The Performance Testing shall commence Working Day(s) after installation of the Licensed Software by Contractor.
Subject to possible extensions as indicated herein (Reference: Statement of Work), the Performance Testing shall end , 2000.
4. License Term The License for all Software provided pursuant to this Contract shall be perpetual unless terminated by L&I as provided herein.
5. Maintenance and Support of Software
5.1. Initial Term The initial term for maintenance and support Services for Software licensed herein shall be one (1) year, commencing one (1) day following L&I’s acceptance of the Software (Reference: Standard Of Performance & Acceptance, Acceptance Date). Contractor agrees to provide L&I with maintenance and support services for the Software during this initial term at no cost to L&I
5.2. Subsequent Terms The term of said maintenance and support services shall be automatically extended for an unlimited number of additional one (1) year periods: PROVIDED, Each extension shall be at the option of L&I and shall be effected by L&I giving written notice of the extension to the Contractor not less than thirty (30) calendar days prior to the expiration of the then current Contract term. Each maintenance term shall be governed by the terms and conditions established herein. No change in terms and conditions shall be permitted during these extensions unless specifically set forth in this Contract.Alternate language:unless terminated by L&I by giving written notice of its decision not to renew to the Contractor not less than thirty (30) calendar days prior to the expiration of the then current Contract term.
OFM FILING REQUIREMENT COMPLIANCEUnder the provisions of chapter 39.29 RCW, some personal services Contracts are required to be filed with the Office of Financial Management (OFM). No contract required to be so filed is effective and no work thereunder shall be commenced nor payment made therefor until ten (10) working days following the date of filing, and, if required, until approved by OFM. In the event OFM fails to approve the Contract, the Contract shall be null and void.
COMPENSATIONL&I shall pay an amount not to exceed the costs, rates, and fees set forth in the Budget, Attachment C, for the performance of all things necessary for or incidental to the performance of work as set forth in the Statement of Work, Attachment B. No other costs, rates, or fees shall be payable to the Contractor.
Risk of Loss and ShippingThe Contractor shall ship all Software purchased pursuant to this Contract, freight prepaid, FOB L&I's destination. The method of shipment shall be consistent with the nature of the goods and hazards of transportation. Regardless of FOB point, Contractor agrees to bear all risks of loss, damage, or destruction of the Software ordered hereunder which occurs prior to Acceptance, except loss or damage attributable to L&I’s fault or negligence; and such loss, damage, or destruction shall not release Contractor from any obligation hereunder. After Acceptance, the risk of loss or damage shall be borne by L&I, except loss or damage attributable to the Contractor's fault or negligence.
BILLING PROCEDURESL&I will pay the Contractor within 30 calendar days of receipt of properly executed invoice vouchers. Invoices shall include such information as is necessary for L&I to determine the exact nature of all expenditures. Each voucher will clearly reference "Contract Number ." Vouchers shall be submitted to L&I’s Contract Manager.
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Sample Contract
L&I RFP No. K1305Payment shall be made after acceptance by L&I’s Contract Manager of each deliverable as described in the Statement of Work. No payment in advance or in anticipation of services or supplies under this Contract shall be made by L&I. Claims for payment submitted by the Contractor to L&I for costs due and payable under this Contract that were incurred prior to the expiration date shall be paid to the Contractor if received by L&I within 90 days after the expiration date.Timely payment. Payment by L&I will be considered timely if a check or warrant is postmarked within 30 days of receipt of either of the following, whichever is later: Receipt of properly executed invoice vouchers; or Acceptance of deliverables by L&I.
WORKSTATION FEEIf the Contractor is assigned a workstation onsite at an L&I location, L&I will charge the Contractor a workstation fee of $139.00 per month to cover costs for each workstation assigned. This amount shall be invoiced by the Contractor on a monthly basis as a credit against invoiced charges to L&I. If the Contractor has performed no billable work during a month, the Contractor shall pay L&I the workstation fee, or with approval of L&I’s Contract Manager, arrange for an alternate payment method.First & Last Month Charge: L&I will prorate the workstation fee charged for the first and last month of use as follows: $139 per workstation multiplied by the number of days of use. The result of this will be divided by the number of days in the month; this will equal the prorated charge for that month.Workstation Termination: L&I shall have the right to unilaterally terminate the Contractor’s workstation assignment at anytime and with five (5) working days advance written notice.Multiple Contracts and/or Workstations: If the Contractor has more than one open Contract and/or assigned workstations, the parties shall determine and document in Memos, to which Contract(s) the workstation fee will be assigned. When a Contract with a workstation fee is complete and the Contractor wishes to continue use of the workstation for another Contract, the parties shall document in a Memo to which Contract the workstation fee shall be invoiced.Failure to Pay: If the Contractor fails to credit or pay a monthly workstation fee to L&I, the parties specifically agree that L&I’s Contract Manager for the Contract shall have the right to deduct the workstation fee from the invoiced amount and authorize the corrected invoice for payment or take other action deemed appropriate.
INSURANCEThe Contractor shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the State should there be any claims, suits, actions, costs, damages or expenses arising from acts or omissions of the Contractor or Subcontractor, or agents of either, while performing under the terms of this Contract.The Contractor shall provide insurance coverage which the Contractor shall maintain in full force and effect during the term of this Contract as follows:1. Commercial General Liability Insurance Policy: Provide a Commercial General Liability Insurance Policy,
including contractual liability, in adequate quantity to protect against legal liability arising out of Contract activity but no less than $1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts.
2. Automobile Liability: In the event that services delivered pursuant to this Contract involve the use of vehicles, either owned or unowned by the Contractor, automobile liability insurance shall be required. The Contractor shall notify his insurance carrier of the business use and submit to L&I a statement from the carrier acknowledging that the Contractor is insured for such use. This statement may be, for instance, a notation of coverage on the insurance certificate/s. The minimum limit for automobile liability is:
$1,000,000 Per Occurrence, using a Combined Single Limit for bodily injury and property damage.
3. Professional Liability, Errors and Omissions Insurance: The Contractor shall maintain Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all program activities by the Contractor and licensed staff employed or under contract to the Contractor.
4. The insurance required above shall be issued by an insurance company(s) authorized to do business within the state of Washington, and except for Professional Liability or Errors and Omissions Insurance shall name the state of Washington, its agents and employees as additional insureds under the insurance policy(s). All policies shall be primary to any other valid and collectable insurance. The Contractor shall
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Sample Contract
L&I RFP No. K1305instruct the insurers to give L&I 30 days advance notice of any insurance cancellation.
5. Submit to L&I prior to the Contract's effective date a certificate of insurance which outlines at the least the coverage and limits defined in this section, Insurance, and in the attached General Terms and Conditions, Attachment A.. The Contractor shall submit renewal certificates on a yearly basis during the term of the Contract.
MEMO OF UNDERSTANDING (Memo)Any communications that either Contract Manager determines to address more than day-to-day concerns, but do not modify the terms of this Contract, shall be documented by a written, numbered Memo of Understanding.
ASSURANCESL&I and the Contractor agree that all activity pursuant to this Contract will be in accordance with all the applicable current or future federal, state and local laws, rules, and regulations.
GOVERNANCEThis Contract shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
ORDER OF PRECEDENCEThe items listed below are incorporated by reference herein. In the event of an inconsistency in this Contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order:1. Applicable Federal and Washington State Statutes and Regulations;2. Special Terms & Conditions as contained in the basic Contract;3. General Terms & Conditions, Attachment A;4. Statement of Work, Attachment B, the Budget, Attachment C, the Escrow Contract, Attachment D, the
Performance Measurement, Attachment E; 5. L&I’s Request for Proposal, dated ;6. The Contractor’s proposal dated ;7. Any other provisions of the Contract incorporated by reference or otherwise.
SEVERABILITYIf any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract which can be given effect without the invalid provision, or part thereof if such remainder conforms to the terms and requirements of applicable law and the intent of this agreement, and to this end the provisions of this Contract are declared to be severable.
SURVIVORSHIPAll transactions executed pursuant to the authority of this Contract shall be bound by all of the terms, conditions, price discounts and rates set forth herein, notwithstanding the expiration of the initial term of this Contract or any extension thereof. Further, the terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive.
CONTRACT MANAGEMENTThe Contract Manager for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract.
Any notice or demand or other communication required or permitted to be given under this Contract or applicable law (except notice of malfunctioning Software) shall be effective if and only if it is in writing, properly addressed, and either delivered in person, or by a recognized courier service, or deposited with the United States Postal Service as first-class certified mail, postage prepaid and return receipt requested, to the parties at the following addresses:
The Contract Manager for the (e.g., Contractor, etc.) is:
The Contract Manager for L&I is:
(Contract Manager’s Name)
(Contractor’s Name)
(Contract Manager’s Name)
Department of Labor & IndustriesPO Box 44
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Sample Contract
L&I RFP No. K1305(Contract Manager’s Address)
(Contract Manager’s Address)
Phone: ( ) FAX: ( ) E-mail:
Olympia WA 98504-4 Phone: ( ) FAX: ( ) E-mail:
Notwithstanding RCW 1.12.070, such communications shall be effective upon the earlier of receipt or four (4) calendar days after mailing. The notice address as provided herein may be changed by written notice given as provided above.
ALL WRITINGS CONTAINED HEREINThis Contract consists of pages and the following Attachments:
A = General Terms & ConditionsB = Statement of WorkC = BudgetD = Escrow ContractE = Performance Measurement
This Contract sets forth in full all the terms and conditions agreed upon by the parties. Any other agreement, representation, or understandings, verbal or otherwise, regarding the subject matter of this Contract shall be deemed to be null and void and of no force and effect whatsoever.
IN WITNESS WHEREOF, the parties have executed this Agreement.
State of Washington Department of Labor & Industries
(Contractor’s Name)
(Signature) (Date) (Name) (Date)
Assistant Director
(Print Name)
(Title)
APPROVED AS TO FORM ONLY(Federal Identification Number)
(Washington State UBI Number) (Name) (Date)
Assistant Attorney General
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L&I RFP No. K1305
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L&I Contract No. ATTACHMENT A
GENERAL TERMS AND CONDITIONS
DEFINITIONSAs used throughout this Contract, the following terms shall have the meanings set forth below:
1. "Contractor" means that agency, firm, provider, organization, individual or other entity performing services under this Contract.
2. "Contract Manager" means the representative identified in the text of the Contract who is delegated the authority to administer the Contract.
3. “Individually Identifiable Health Information” is a subset of health information, including demographic information collected from an individual and relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual, as set forth in 45 CFR 164.501 as currently enacted and subsequently amended or revised.
4. “Personal Information” means information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers or Protected Health Information, any financial identifiers, and other information that may be exempt from disclosure to the public or other unauthorized persons under either RCW 42.17.310 or other state and federal statutes.
5. “Protected Health Information” means Individually Identifiable Health Information that is transmitted by electronic media, or transmitted or maintained in any other form or medium, as set forth in 45 CFR 164.501, as currently enacted and subsequently amended or revised.
6. "Subcontractor" means one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "Subcontractor" and "Subcontractors" mean Subcontractor(s) in any tier.
INDEPENDENT CAPACITY OF THE CONTRACTORThe parties intend that an independent Contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of L&I. The Contractor will not hold itself out as, nor claim to be, an officer or employee of L&I or of the state of Washington by reason of this Contract, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such employee under law. Conduct and control of the work will be solely with the Contractor.
NONDISCRIMINATION & CIVIL RIGHTSDuring the performance of this Contract, the Contractor shall comply with all federal and state nondiscrimination laws, regulations and policies. In the event of the Contractor’s noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy this Contract may be rescinded, canceled, or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with L&I. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the “Disputes” clause set forth herein.
AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336 ("ADA" 28 CFR PART 35)The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications.
ASSIGNABILITYAt L&I’s sole option and with the prior written consent of L&I, the Contractor may assign this Contract including the proceeds hereof: PROVIDED, That such assignment shall not operate to relieve the Contractor of any of its duties and obligations hereunder, nor shall such assignment affect any remedies available to L&I that may arise from any breach of the sections of this Contract, its supplements, or warranties made herein including but not limited to, rights of setoff.
With the prior written consent of the Contractor, which consent shall not be withheld unreasonably, L&I may assign this Contract to any public agency, commission, board, or the like, within the political boundaries of the state of Washington: PROVIDED, That such assignment shall not operate to relieve L&I of any of its duties and obligations hereunder.
SUBCONTRACTSThe Contractor may, with prior written permission from L&I Contract Manager, which consent shall not be
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Sample Contract – Attachment A General Terms and Conditions
L&I Contract No. unreasonably withheld, enter into subcontracts with third parties for its performance of any part of the Contractor's duties and obligations. The Contractor is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Contract are carried forward to any subcontracts. This clause does not include contracts of employment between the Contractor and personnel assigned to work under the Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to L&I for any breach in the performance of the Contractor's duties. For purposes of this Contract, Contractor agrees that all Subcontractors shall be held to be agents of the Contractor, and the Contractor further agrees to hold L&I harmless from acts or omissions of the Contractor's Subcontractors, their agents, or employees subject to the limitations set forth in the Limitation of Liability section of this Contract. L&I shall not be liable for any loss or damage resulting from personal injury, physical loss, harassment of employee, or violations of the Patent and Copyright Indemnification section of this Contract occasioned by the acts or omissions of the Contractor's Subcontractors, their agents or employees.
SITE SECURITYContractor staff shall conform in all respects with physical, fire or other security regulations while on L&I premises. Failure to comply with safety regulations may be grounds for revoking or suspending security access to these facilities. L&I reserves the right and authority to immediately revoke security access to Contractor staff for any real or threatened breach of this provision. Upon reassignment or termination of any Contractor staff, Contractor agrees to promptly notify L&I.
COVENANT AGAINST CONTINGENT FEESThe Contractor warrants that no person or agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business. L&I shall have the right, in the event of breach of this clause by the Contractor, to annul this Contract without liability or, in its discretion, to deduct from the Contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee.
CONFLICT OF INTERESTWith a few exceptions, RCW 42.52.120(1) prohibits a state officer or state employee from receiving anything of economic value under any contract or grant outside of his or her official duties. The Governor, or a state agency affected by a violation of Chapter 42.52 RCW or the rules adopted under it, may request that the Attorney General bring an action in superior court to cancel or rescind a state action taken by a state employee or state officer when a violation of the ethics law or rules substantially influenced the state action and the interests of the state require the cancellation or rescission. The Governor may suspend the action pending a determination of the court action.
TREATMENT OF ASSETS1. Title to all property furnished by L&I shall remain in L&I. Title to all property purchased by the Contractor
for which the Contractor is entitled to be reimbursed as a direct item of cost under this Contract shall pass to and vest in L&I upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this Contract, shall pass to and vest in L&I upon 1.1 issuance for use of such property in the performance of this Contract, or 1.2 commencement of use of such property in the performance of this Contract, or 1.3 reimbursement of the cost thereof by L&I in whole or in part, whichever first occurs.
2. Any property of L&I furnished to the Contractor shall, unless otherwise provided in this Contract, or approved by L&I, be used only for the performance of this Contract.
3. The Contractor shall be responsible for any loss or damage to property of L&I which results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer the property in accordance with sound management practices.
4. If any L&I property is lost, destroyed or damaged, the Contractor shall immediately notify L&I and shall take all reasonable steps to protect the property from further damage.
5. The Contractor shall surrender to L&I all property of L&I prior to settlement upon completion, termination or cancellation of this Contract.
6. All reference to the Contractor under this clause shall include any of the Contractor’s employees, agents or subcontractors.
RECORDS, DOCUMENTS, AND REPORTSThe Contractor and its Subcontractors shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any
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Sample Contract – Attachment A General Terms and Conditions
L&I Contract No. nature invoiced in the performance of this Contract and shall retain all such records for six (6) years after the expiration or termination of this Contract. Records involving matters in litigation related to this Contract shall be kept for one (1) year following the termination of litigation, including all appeals if the litigation has not terminated within five (5) years from the date of expiration or termination of this Contract.
All such records shall be subject at reasonable times and upon prior notice to examination, inspection, copying, or audit by personnel so authorized by L&I’s Director and/or the Office of the State Auditor and federal officials so authorized by law, rule, regulation or contract, when applicable. During the term of this Contract, access to these items will be provided within Thurston County. During the six (6) year period after this Contract term or five (5) year term following litigation, delivery of and access to these items will be at no cost to the State. The Contractor shall be responsible for any audit exceptions or disallowed costs incurred by the Contractor or any of its Subcontractors.
The records retention and review requirements of this section shall be incorporated by the Contractor in any of its subcontracts.
It is agreed that books, records, documents and other evidence of accounting procedures and practices related to the Contractor’s cost structure, to include overhead, general and administrative expenses, and profit factors shall be excluded from L&I’s review unless the cost or any other material issue under this Contract is calculated or derived from these factors.
CONFIDENTIALITYThe use or disclosure by any party of any information concerning L&I for any purpose not directly connected with the administration of L&I's or the Contractor's responsibilities with respect to services provided under this Contract is prohibited except by prior written consent of L&I. The Contractor shall maintain as confidential all information concerning the Contractor's study findings and recommendations, as well as the business of L&I, its financial affairs, relations with its clientele and its employees, and any other information which may be specifically classified as confidential by L&I in writing to the Contractor. To the extent consistent with RCW 42.17.310 ("The Public Disclosure Act"), L&I shall maintain all information which the Contractor specifies in writing as confidential. The Contractor shall have an appropriate contract with its employees to this effect.
SAFEGUARDING OF PERSONAL INFORMATION The Contractor shall not use or disclose Personal Information in any manner that would constitute a violation of federal law or applicable provisions of Washington State law. The Contractor agrees to comply with all federal and state laws and regulations, as currently enacted or revised, regarding data security and electronic data interchange of Personal Information.
The Contractor shall protect Personal Information collected, used, or acquired in connection with this Contract, against unauthorized use, disclosure, modification or loss. The Contractor shall ensure its directors, officers, employees, Subcontractors or agents use it solely for the purposes of accomplishing the services set forth in this Contract. The Contractor and its Subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make it known to unauthorized persons without the express written consent of L&I or as otherwise authorized by law. The Contractor agrees to implement physical, electronic, and managerial policies, procedures, and safeguards to prevent unauthorized access, use, or disclosure. The Contractor shall make the Personal Information available to amend as directed by L&I and incorporate any amendments into all the copies maintained by the Contractor or its Subcontractors. The Contractor shall certify its return or destruction upon expiration or termination of this Contract and the Contractor shall retain no copies. If the Contractor and L&I mutually determine that return or destruction is not feasible, the Contractor shall not use the Personal Information in a manner other than those permitted or authorized by state and federal laws.
L&I reserves the right to monitor, audit, or investigate the use of personal information collected, used or acquired by the Contractor through this Contract. The monitoring, auditing, or investigating may include, but is not limited to, “salting” by L&I. Salting is the act of introducing data containing unique but false information that can be used later to identify inappropriate disclosure of data.
The Contractor shall notify L&I in writing within 5 working days of becoming aware of any unauthorized access, use or disclosure. The Contractor agrees to indemnify and hold harmless L&I for any damages related to unauthorized use or disclosure by the Contractor, its officers, directors, employees, Subcontractors or agents.
Any breach of this clause may result in termination of the Contract and the demand for return of all Personal Information.
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Sample Contract – Attachment A General Terms and Conditions
L&I Contract No. ACCESS TO DATAIn compliance with chapter 39.29 RCW, the Contractor shall provide access to data generated under this Contract to L&I, the joint legislative audit and review committee, and the state auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Contractor’s reports, including computer models and methodology for those models.
RIGHTS IN DATAUnless otherwise provided, L&I shall be the owner for all purposes under Title 17 U.S.C., of all data which originates from this Contract. L&I shall be considered the author of such data. Data shall include, but not be limited to all information that supports the findings, conclusions, and recommendations of the Contractor’s reports, data extracts, medical case management reports or claimant file information provided by L&I, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, videos, tapes, and/or sound reproductions. Ownership includes but is not limited to the right to use, copyright, patent, register and the ability to transfer these rights.
Data which is delivered under the Contract, but which does not originate from the Contract, shall be transferred to L&I with a non-exclusive, royalty-free, irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so; provided, that such license shall be limited to the extent which the Contractor has a right to grant such a license. The Contractor shall exert all reasonable effort to advise L&I, at the time of delivery of data furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such documents which was not produced in the performance of this Contract. L&I shall receive prompt written notice of each notice or claim or copyright infringement received by the Contractor with respect to any data delivered under this Contract. L&I shall have the right to modify or remove any restrictive markings placed upon the data by the Contractor.
REGISTRATION WITH DEPARTMENT OF REVENUEThe Contractor shall comply with the Washington State law requiring registration with the Department of Revenue and shall be responsible for payment of all taxes due on payments made under this Contract. The Department of Revenue is located at the General Administration Building, Olympia, Washington, 98504.
TAXESAll payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the Contractor or its staff shall be the sole responsibility of the Contractor.
LICENSING AND ACCREDITATION STANDARDSThe Contractor shall comply with all applicable local, state, and federal licensing and accrediting requirements / standards, necessary in the performance of this Contract. (See 19.02 RCW for state licensing requirements / definitions).
INDUSTRIAL INSURANCE COVERAGEThe Contractor shall comply with chapter 51 RCW prior to performing work under this Contract. The Contractor shall provide or purchase industrial insurance coverage for its employees, as may be required of an "employer" as defined in Title 51 RCW, and shall maintain full compliance with Title 51 RCW during the course of this Contract. If the Contractor fails to secure industrial insurance coverage or fails to pay premiums on behalf of its employees, as may be required under Title 51 RCW, L&I may deduct the amount of premiums and any penalties owing from the amounts payable to the Contractor under this Contract and transmit the same to the Department of Labor & Industries, Division of Industrial Insurance. This provision does not waive any right under RCW 51.12.050 to collect from the Contractor amounts paid by L&I.
OSHA/WISHAContractor represents and warrants that its products, when shipped, are designed and manufactured to meet then current federal and state safety and health regulations. Contractor further agrees to indemnify and hold L&I harmless from all damages assessed against L&I as a result of the failure of the items furnished under this Contract to so comply.
RIGHTS OF INSPECTIONThe Contractor shall provide right of access to L&I, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance of internal policies and procedures, and/or records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Contract. The Contractor shall make available information necessary for L&I to comply with the client's right to access, amend, and receive an accounting of disclosures of their Personal Information.
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Sample Contract – Attachment A General Terms and Conditions
L&I Contract No. LIMITATION OF SIGNATURE AUTHORITYExcept in the case of an extension of time, only L&I’s Director or his or her delegate by writing (delegation to be made prior to action) shall have the expressed, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this Contract is not effective or binding unless made in writing and signed by L&I’s Director or his or her delegate.
SIGNATURE AUTHORITY FOR EXTENSION/S OF TIME L&I’s Contract Manager has the authority with the agreement of the Contracts Office to extend the period of performance of this Contract if the reason for the extension is not attributable to the negligence, misfeasance or malfeasance of any party to this Contract. The amendment must be signed by a person authorized by the Contractor to execute the amendment. This is the only exception to L&I's policy of limited signature authority and applies solely to extensions of time. Should any other term or aspect of the Contract be affected by a time extension, this section is inoperative.
CHANGES TO CONTRACTBy written notification to and consent of the Contractor, L&I may, at any time, and without notice to any known guarantor or surety, make changes within the general scope of the services to be performed under the Contract. If any such changes cause an increase or decrease in the cost of, or the time required for the performance of this Contract, an equitable adjustment may be made in the Contract price consistent with the Compensation clause, or period of performance, or both, and the Contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notice of such change; Provided, however, that L&I’s Director or his or her delegate by writing may, if he or she decides that the facts justify such action, receive and act upon such claim asserted at any time prior to final payment under this Contract. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the Disputes clause in Attachment A. However, nothing in this clause shall excuse the Contractor from proceeding with the Contract as changed.
DISPUTESThe parties agree that time is of the essence in resolving disputes.
During the dispute resolution period the parties agree that: If the subject of the dispute is the payment due the Contractor, the Contractor will continue performance and
L&I will pay the amount which it in good faith believes to be due and payable. If the subject of the dispute is not the payment due, the Contractor will continue performance of work under
the Contract which is not effected by the dispute.
Dispute Steps
1. When a bona fide dispute concerning a question of fact arises between L&I and the Contractor and it cannot be resolved, either party may request a dispute hearing with L&I’s Contracts Office. The request for a dispute hearing must: be in writing; state the disputed issues; state the relative positions of the parties; state the Contractor's name, address, and L&I Contract Number; and be mailed to the Contracts Office and the other party’s Contract Manager within 3 working days after
the parties agree that they cannot resolve the dispute.2. The responding party shall have 5 working days to respond in writing to the requesting party’s statement.
This response will be sent to both the Contracts Office and the requesting party.3. The Contracts Office shall review the written statements of the parties and reply in writing to both parties
within 10 working days. The Contracts Office may extend this period if necessary by notifying the parties.4. The decision of L&I’s Contracts Office shall be final and conclusive unless, within 5 working days from the
date L&I mailed the decision, the Contractor requests a dispute panel. This request must be in writing to L&I’s Contracts Office.
5. If a dispute panel is requested, L&I and the Contractor shall each appoint a member to the dispute panel within 5 working days. L&I and the Contractor shall jointly appoint a third member to the dispute panel within the next 5 working days.
6. The dispute panel shall review the written descriptions of the dispute, gather additional information as needed, and make a decision on the dispute in the shortest practical time with the majority prevailing. The parties agree that the decision of the dispute panel shall be final and binding.
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Sample Contract – Attachment A General Terms and Conditions
L&I Contract No. Both parties agree to exercise good faith in dispute resolution and to settle disputes prior to using a dispute resolution panel whenever possible.
L&I and the Contractor agree that, the existence of a dispute notwithstanding, they will continue without delay to carry out all their respective responsibilities under this Contract which are not affected by the dispute.
If the subject of the dispute is the amount due and payable by L&I for maintenance services being provided by Contractor, Contractor shall continue providing maintenance pending resolution of the dispute provided L&I pays Contractor the amount L&I, in good faith, believes is due and payable, and places in escrow the difference between such amount and the amount Contractor, in good faith, believes is due and payable.
TERMINATION FOR DEFAULTIf either L&I or the Contractor violates any material term or condition of this Contract or fails to fulfill in a timely and proper manner its obligations under this Contract, then the aggrieved party shall give the other party written notice of such failure or violation. The responsible party will correct the violation or failure within thirty (30) calendar days or as otherwise mutually agreed. If the failure or violation is not corrected, this Contract may be terminated immediately by written notice from the aggrieved party to the other party. The option to terminate shall be at the sole discretion of the aggrieved party.
In the event of termination of this Contract by L&I, L&I shall have the right to procure the Software or Services that are the subject of this Contract on the open market and the Contractor shall be liable for all damages including, but not limited to: (1) the cost difference between the original Contract price for the Software or Services and the replacement costs of such Software or Services acquired from another Contractor; (2) if applicable, all administrative costs directly related to the replacement of this Contract, such as costs of competitive bidding, mailing, advertising, applicable fees, charges or penalties, staff time costs; and (3) any other costs to L&I resulting from the Contractor’s breach. L&I shall have the right to deduct from any monies due to the Contractor, or that thereafter become due, an amount for damages that the Contractor will owe L&I for the Contractor’s default.
If it is determined for any reason the failure to perform is without the defaulting party’s control, fault, or negligence, the termination shall be deemed to be a Termination for Convenience.
This section shall not apply to any failure(s) to perform that result from the willful or negligent acts or omissions of the aggrieved party.
TERMINATION FOR CONVENIENCEWhen it is in the best interest of L&I, L&I may terminate this Contract, in whole or in part, with fourteen (14) calendar days written notice to the Contractor. Invocation of the Termination for Withdrawal of Authority or Termination for Non-Allocation of Funds sections shall be deemed a termination for convenience but will not require fourteen (14) calendar days notice.
If this Contract is so terminated, L&I is liable only for payments required by the terms of this Contract for Software and related Services received and Accepted by L&I prior to the effective date of termination.
TERMINATION FOR WITHDRAWAL OF AUTHORITYIn the event that the authority of L&I to perform any of its duties is withdrawn, reduced, or limited in any way after the commencement of this Contract and prior to normal completion, L&I may terminate this Contract under the Termination for Convenience section. This section shall not be construed so as to permit L&I to terminate this Contract in order to acquire similar Software from a third party.
TERMINATION FOR NON-ALLOCATION OF FUNDSIf funds are not allocated to continue this Contract in any future period, L&I will not be obligated to pay any further charges for Services including the net remainder of agreed to consecutive periodic payments remaining unpaid beyond the end of the then current period. L&I agrees to notify the Contractor of such non-allocation at the earliest possible time. No penalty shall accrue to L&I in the event this section shall be exercised. This section shall not be construed so as to permit L&I to terminate this Contract in order to acquire similar Software or Services from a third party.
TERMINATION FOR CONFLICT OF INTERESTL&I may terminate this Contract by written notice to the Contractor if it is found, after due notice and examination, that there is a violation by any of the parties hereto of: Ethics in Public Service, chapter 42.52 RCW; or Any other laws regarding ethics in public acquisitions and procurement and performance of contracts.
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Sample Contract – Attachment A General Terms and Conditions
L&I Contract No. In the event this Contract is terminated as provided above pursuant to a violation by the Contractor, L&I shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of this Contract by the Contractor.
TERMINATION PROCEDUREUpon termination of this Contract, in addition to any other rights provided in this Contract, L&I may require the Contractor to deliver to L&I any property specifically produced or acquired for the performance of any part of this Contract which has been terminated. The provisions of the Treatment of Assets clause shall apply in such property transfer.
L&I shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by L&I, and the amount agreed upon by the Contractor and L&I for the following:1. Completed work and services for which no separate price is stated;2. Partially complete work and services;3. Other property or services which are accepted by L&I; and4. The protection and preservation of property, unless the termination is for default, in which case L&I’s
Director or his or her delegate by writing shall determine the extent of the liability of L&I.
Failure to agree with such determination shall be a dispute within the meaning of the Disputes clause of this Contract. L&I may withhold from any amounts due the Contractor for such completed work or Services such sum as L&I Contract Manager determines to be necessary to protect L&I from potential loss or liability.
After receipt of a notice of termination, and except as otherwise directed by L&I, the Contractor shall:1. Stop work under this Contract on the date, and to the extent specified, in the notice;2. If termination is to the Software license purchase sections of this Contract, then L&I shall place no further
orders and Contractor shall accept no further orders for additional Software license;3. If termination is to the Software license, then except as otherwise agreed to by the parties, L&I shall, at its
option, surrender to Contractor or destroy and provide Contractor with a certificate signed by L&I Contract Manager attesting to the destruction of all copies of the Licensed Software purchased pursuant to this Contract and terminated by this section, remaining in the possession of L&I, its employees, or agents;
4. If termination is to the Maintenance and Support sections, Contractor shall complete all maintenance and support requests made prior to the date of notice of termination, notwithstanding the effective date of termination;
5. As soon as practicable, but in no event longer than thirty (30) calendar days after termination, terminate its orders and subcontracts related to the work which has been terminated and settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of L&I to the extent required, which approval or ratification shall be final for the purpose of this section;
6. Complete performance of such part of this Contract as shall not have been terminated by L&I;7. Take such action as may be necessary, or as L&I may direct, for the protection and preservation of the
property related to this Contract which is in the possession of the Contractor and in which L&I has or may acquire an interest;
8. Transfer title, excluding Licensed Software, to L&I and deliver in the manner, at the times, and to the extent directed by L&I Contract Manager, any property which is required to be furnished to L&I; and
9. Provide written certification to L&I that the Contractor has surrendered to L&I all said property.10. The Contractor shall pay within thirty (30) calendar days of notice the damages due L&I as the result of
termination.
WAIVERUnless the Contract is amended in writing by an authorized representative of L&I, waiver of default under this Contract, or failure by L&I to exercise its rights shall not: be considered a modification or amendment to the Contract; or constitute a waiver of any subsequent default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND INELIGIBILITYIf federal funds are the basis for this Contract, the Contractor certifies that neither it nor its principals are presently debarred, declared ineligible, or voluntarily excluded from participation in transactions by any federal department or agency.
OVERPAYMENTS AND ASSERTION OF LIENIn the event that L&I establishes overpayments or erroneous payments made to the Contractor under this Contract, L&I may secure repayment, plus interest, if any, through the filing of a lien against the Contractor's real property, and/or by requiring the posting of a bond, assignment of deposit, and/or some other form of security
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Sample Contract – Attachment A General Terms and Conditions
L&I Contract No. acceptable to L&I.
ATTORNEYS' FEES AND COSTSIf any litigation is brought to enforce any term, condition, or section of this Contract, or as a result of this Contract in any way, the prevailing party shall be awarded its reasonable attorneys' fees together with expenses and costs incurred for such litigation, including necessary fees, costs, and expenses for Services rendered at both trial and appellate levels, as well as subsequent to judgment in obtaining execution thereof.
In the event that the parties engage in arbitration, mediation or any other alternative dispute resolution forum to resolve a dispute in lieu of litigation, both parties shall share equally in the cost of the alternative dispute resolution method, including cost of mediator or arbitrator. In addition, each party shall be responsible for its own attorneys’ fees incurred as a result of the alternative dispute resolution method.
NON-EXCLUSIVE REMEDIESThe remedies provided for in this Contract shall not be exclusive but are in addition to all other remedies available under law.
LIMITATION OF LIABILITY The parties agree that neither the Contractor nor L&I shall be liable to each other, regardless of the form of action, for consequential, incidental, indirect, or special damages except for a claim or demand based on patent or copyright infringement, in which case liability shall be as set forth elsewhere in this Contract. This section does not modify any sections regarding liquidated damages, retainages, or any other such conditions as are elsewhere agreed to herein between the parties. The damages specified in the sections titled OSHA/WISHA, Termination for Default and Review of Contractor’s Records are not consequential, incidental, indirect, or special damages as that term is used in this section.
Neither the Contractor nor L&I shall be liable for damages arising from causes beyond the reasonable control and without the fault or negligence of either the Contractor or L&I. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of a governmental body other than L&I acting in either its sovereign or contractual capacity, war, explosions, fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the delays must be beyond the reasonable control and without fault or negligence of the Contractor, L&I, or their respective Subcontractors.
If delays are caused by a Subcontractor without its fault or negligence, neither the Contractor nor L&I shall be liable for damages for delays, unless the Software or Services to be furnished by their Subcontractors were obtainable on comparable terms from other sources in sufficient time to permit the Contractor or L&I to meet its required performance schedule.
Neither party shall be liable for personal injury to the other party or damage to the other party’s property except personal injury or damage to property proximately caused by such party's respective fault or negligence.
The Contractor shall provide insurance coverage in adequate quantity to protect against legal liability arising out of Contract activity and as set out in the Special Terms & Conditions, Insurance clause. Additionally, the Contractor is responsible for ensuring that any Subcontractors provide insurance coverage for the activities arising out of subcontracts.
SECTION HEADINGSThe headings used herein are inserted for convenience only and shall not control or affect the meaning or construction of any of the sections.
UCC APPLICABILITYExcept to the extent the sections of this Contract are clearly inconsistent, this Contract shall be governed by any applicable sections of the Uniform Commercial Code (UCC) as set forth in Title 62A RCW.
To the extent this Contract entails delivery or performance of Services, such Services shall be deemed "goods" within the meaning of the UCC, except when to do so would result in an absurdity.
Notwithstanding the Section Headings and Order of Precedence sections of this Contract, in the event of any clear inconsistency or contradiction between this Contract and the UCC, the terms and conditions of this Contract take precedence and shall prevail unless otherwise provided by law.
PUBLICITYThe Contractor agrees to submit to L&I all advertising, sales promotion, and other publicity matters relating to this Contract or any Product furnished by the Contractor wherein L&I's name is mentioned or language used from which the connection of L&I's name therewith may, in L&I’s judgment, be inferred or implied. The
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Sample Contract – Attachment A General Terms and Conditions
L&I Contract No. Contractor further agrees not to publish or use such advertising, sales promotion, or publicity matter without the prior written consent of L&I.
ANTITRUST VIOLATIONSContractor and L&I recognize that in actual economic practice overcharges resulting from antitrust violations are in fact usually borne by L&I. Therefore, the Contractor hereby assigns to L&I any and all claims for such overcharges as to goods and Services purchased in connection with this Contract, except as to overcharges not passed on to L&I resulting from antitrust violations commencing after the date of the bid, quotation, or other event establishing the price under this Contract.
DATE WARRANTYThe Contractor warrants that all products provided under this Contract: (i) do not have a life expectancy limited by date or time format; (ii) will correctly record, store, process, and present calendar dates; (iii) will lose no functionality, data integrity, or performance with respect to any date; and (iv) will be interoperable with other software used by L&I that may deliver date records from the products, or interact with date records of the products (“Date Warranty”). In the event a Date Warranty problem is reported to the Contractor by L&I and such problem remains unresolved after three (3) calendar days, at L&I’s discretion, the Contractor shall send, at the Contractor’s sole expense, at least one (1) qualified and knowledgeable representative to L&I’s premises. This representative will continue to address and work to remedy the failure, malfunction, defect, or nonconformity on L&I’s premises. This Date Warranty shall last perpetually. In the event of a breach of any of these representations and warranties, the Contractor shall indemnify and hold harmless L&I from and against any and all harm, injury, damages, costs, and expenses incurred by L&I arising out of said breach.
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Sample Contract – Attachment A General Terms and Conditions
L&I Contract No. ATTACHMENT B
STATEMENT OF WORK
SOFTWARE DELIVERYAll Software deliveries made pursuant to this Contract must be complete. Unless the Contractor has obtained prior written approval from L&I, which shall not be withheld unreasonably, incomplete deliveries or backorders will not be accepted. All packages must be accompanied by a packing slip which identifies all items included with the shipment and L&I’s Contract number. The Contractor's delivery receipt must be signed by an authorized representative of L&I for all deliveries made hereunder.
INSTALLATION OF SOFTWARE BY CONTRACTORContractor shall install the Licensed Software on L&I’s designated computer system in accordance with L&I’s requirements as set forth below.
Contractor warrants that products delivered hereunder shall perform in accordance with the following specifications:
INSTALLATION (SITE) SECURITYWhile on L&I’s premises, Contractor, its agents, employees, or Subcontractors shall conform in all respects with physical, fire, or other security regulations communicated to Contractor.
TRAININGContractor shall provide calendar days of user training, by at least one but not more than qualified Contractor personnel; in the use of the Licensed Software, to be attended by up to of L&I’s employees, agents, or independent Contractors, at or at such other location as the parties may agree.
Contractor shall provide calendar days of administrator training, by at least one but not more than qualified Contractor personnel; in the use of the Licensed Software, to be attended by up to of L&I’s employees, agents, or independent contractors, at or at such other location as the parties may agree.
The training fee, whether separately stated under the pricing sections of this Contract or included in the license fee of the Software, shall cover all costs of training. L&I shall not be responsible for any additional costs, including travel and lodging expenses, incurred by Contractor for training required pursuant to this section.
SOFTWARE DOCUMENTATIONContractor will provide Software documentation at the earlier of installation of this Software or within calendar days after execution of this Contract or as otherwise mutually agreed, in the form of the same number of manuals as licensed users of the Software or another mutually agreed number of manuals, adequate for use of Software ordered under the sections of this Contract. Manual upgrades will be provided on a no-charge basis through the Contractor's local sales and service office.
For all Contractor Software furnished to L&I within the scope of this Contract, the Contractor agrees that in the event it withdraws its support, if any, from such Software, it will immediately furnish to L&I, if requested, at no additional cost, sufficient documentation to permit L&I to maintain, modify or enhance such purchased or Licensed Software.
Contractor grants to L&I the right to copy or otherwise reproduce manuals and documentation furnished pursuant to this section, for use within the scope of this Contract at no additional charge.
STANDARD OF PERFORMANCE & ACCEPTANCEDuring Performance Testing, as defined in this section, L&I shall conduct tests as it deems appropriate concerning whether the Licensed Software appears to be capable of being effectively utilized in L&I’s operating environment.
Performance TestingThe Performance Testing shall commence after installation of the Licensed Software by Contractor and, subject to possible extensions as indicated below, and shall end calendar days after installation.
The Performance Testing may be extended in accordance with the following procedures:
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Sample Contract – Attachment B Statement of Work
L&I Contract No. If L&I determines, at its sole discretion at any time prior to the end of the Performance Testing period, that
the Licensed Software appears to be deficient or unsuitable for L&I’s use for any reason, then L&I may, at its discretion, promptly notify Contractor, specifying in the notice the respects in which the Licensed Software is deemed to be deficient or unsuitable.
If L&I gives such notice to Contractor during the period beginning Working days prior to the expiration of the Performance Testing period, then the expiration of the Performance Testing will be postponed for Working days to permit Contractor to evaluate the reported deficiency or unsuitability, unless otherwise specified in L&I’s notice.
If the parties agree to extend the Performance Testing to permit Contractor to correct deficiencies, then the Performance Testing period will be extended by the less of (a) the amount of time actually taken by Contractor to deliver a corrected version, or (b) any maximum amount of time agreed to by Contractor and L&I.
Acceptance DateL&I may (a) Accept the Licensed Software subject to the terms and conditions of this Contract or (b) At its sole discretion, reject the Licensed Software; in either case by notice to Contractor at any time during the Performance Testing period. The date, if any, on which L&I Accepts the Licensed Software is referred to as the “Acceptance Date.” Acceptance shall be effected by the Contractor forwarding L&I’s written approval to L&I’s Central IT Purchasing desk for coding not less than thirty (30) calendar after the “Acceptance Date”.
LICENSE GRANTContractor grants to L&I a non-exclusive irrevocable, transferable license to use the Software and related documentation according to the terms and conditions of this Contract. Contractor agrees that at any point in time after execution of this Contract, a maximum of ( ) full concurrent logon users and ( ) view/report users within L&I will be permitted to use the Software.
L&I may modify any Contractor application Software and may combine such with other programs or materials to form a derivative work, provided that upon discontinuance or termination of the license, the Contractor application Software will be removed from the derivative work and, at L&I’s option, either destroyed or returned to Contractor.
L&I will not decompile or disassemble any Software provided under this Contract or modify Software which bears a copyright notice of any third party.
L&I may copy each item of Software to a single hard drive [also multiple hard drives or network, if applicable].
L&I will make and maintain no more than one archival copy of each item of Software, and each copy will contain all legends and notices and will be subject to the same conditions and restrictions as the original. L&I may also make copies of the Software in the course of routine backups of hard drive(s) for the purpose of recovery of hard drive contents.
In the event that Contractor shall, for any reason, cease to conduct business, or cease to support the Software licensed under this Contract, L&I shall have a right to convert the Software licenses into perpetual licenses, with rights of quiet enjoyment, but subject to payment obligations not to exceed the then current rates.
Contractor understands that L&I may provide information-processing Services to other users that are agencies of state government and other tax supported entities. Software delivered hereunder may be used in the delivery of these Services. Contractor acknowledges and agrees that said use of Software products is acceptable under the licensing agreements contained herein.L&I may move Software from one device to another provided such Software is completely removed from the first device after a reasonable testing period on the new device.Optional ClausesThe Software shall reside at the following ( ) physical locations: Contractor agrees that, from time to time, L&I may elect to install the Software at more locations. If L&I elects to do so, L&I shall compensate Contractor for each additional Software installed at then current published rates or rates to be negotiated and agreed upon by both parties.If requested by L&I, Contractor will install and allow L&I to use other Software modules free of charge for a period of ninety (90) calendar days. L&I may exercise its option to purchase any other modules of the Software from Contractor at anytime at the then published or negotiated
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Sample Contract – Attachment B Statement of Work
L&I Contract No. rates by execution of an amendment to this Contract.SOFTWARE MAINTENANCE & SUPPORT SERVICEContractor shall provide a replacement copy or correction service at no additional cost to L&I for any error, malfunction, or defect, if any, in the Contractor-supplied Software which, when used as delivered, fails to perform in accordance with Contractor's officially announced technical specifications or Contractor's proposal and which L&I shall bring to Contractor's attention. Contractor shall undertake such correction service as set forth below and shall use its best efforts to make corrections in a manner that is mutually beneficial. Contractor shall disclose all known defects and their detours or workarounds to L&I.
When Contractor performs Services pursuant to this Contract which require the use of L&I’s computer system(s), L&I agrees to make it available at reasonable times and in reasonable time increments, and in no event will L&I charge the Contractor for such system use.
In addition, Contractor shall provide the following Services:
Telephone SupportContractor will provide telephone support to L&I between a.m. and p.m. local time, to except holidays. Contractor’s telephone service shall include but is not limited to the following Services: Assistance related to questions on the use of the subject Software; Assistance in identifying and determining the causes of suspected errors or malfunctions in Software; Advice on detours or workarounds for identified errors or malfunctions, where reasonably available; Information on errors previously identified by L&I and reported to Contractor and detours to these where
available; and Advice on the completion and authorization for submission of the required form(s) reporting identified
problems in the Software to Contractor.
On-line SupportContractor may execute on-line diagnostics from a remote Contractor location to assist in the identification and isolation of suspected Software errors or malfunctions.
Error and/or Malfunction ServiceUpon receiving telephone or written notification by L&I of identified errors or malfunctions in the Software, Contractor will take remedial actions according to the following guidelines:
Problem Severity Level One: If the error or malfunction is preventing day-to-day normal user access to data from or input to the Software and information database, Contractor shall remedy the problem within working hours following receipt of notification of the error and/or malfunction from L&I.
Problem Severity Level Two: If the error or malfunction is materially impairing the functionality of the software, but is not preventing day-to-day normal user access to data from or input to the Software and information database, Contractor shall remedy the problem within working days following receipt of notification of the error and/or malfunction from L&I, unless otherwise mutually agreed upon.
Contractor’s remedial actions shall include, but not be limited to: (a) Provide L&I with detour or code correction to the Software error or malfunctions. Each detour or code correction will be made available in the form of either a written correction notice or machine-readable media and will be accompanied by a level of documentation adequate to inform L&I of the problem resolved and any significant operational differences resulting from the correction which is known by Contractor; or (b)Provide L&I with a written response describing Contractor’s then existing diagnosis of the error or malfunction and generally outlining Contractor’s then existing plan and timetable, subject to L&I’s approval, for correcting or working around the error or malfunction.
Maintenance Release ServicesContractor will provide error corrections and maintenance releases to the Software which have been developed by Contractor, as long as the Software is still under Warranty and/or Contractor is providing L&I with the maintenance and support services. Such releases shall be licensed to L&I pursuant to the terms and conditions of this Contract. Each maintenance release will consist of a set of programs and files made available in the form of machine-readable media and will be accompanied by a level of documentation adequate to inform L&I of the problems resolved including any significant differences resulting from the release which are known by Contractor. Contractor agrees that each maintenance release of Software will be compatible with the then
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Sample Contract – Attachment B Statement of Work
L&I Contract No. current unaltered release of Software applicable to the computer system.
On-Call SupportIf a problem occurs which significantly impacts L&I’s usage of the Licensed Software and remains unidentified or unresolved either by detour or permanent correction after L&I has taken the Contractor-prescribed action, upon L&I’s request, Contractor will dispatch a representative to the system location during Working days and Hours, which representative must arrive within . Contractor will provide or make available: Advice and assistance in diagnosis and identification of errors or malfunctions in the Licensed Software. On-site consultation on correction or detour of identified errors or malfunctions. Advice and assistance on completion of form to report errors or malfunctions to Contractor as specified in
the reporting procedure.If the errors or malfunctions are not attributable to the Software, L&I will compensate Contractor for reasonable expenses and time actually spent on correcting the errors or malfunctions at $ per hour. For this purpose, time spent in travel or waiting for parts shall not be considered as time spent on correcting errors or malfunctions.
Other Technical & Maintenance Services
Service LogAll services requested by L&I shall be logged and managed centrally by Contractor from Contractor’s facilities located at
CONFORMANCE WITH L&I TECHNICAL ARCHITECTUREThe Software provided by Contractor shall be compatible with and operate effectively and efficiently on Windows NT/2000/XP. The Contractor shall ensure that the products deploy easily and effectively across the enterprise. The Contractor warrants that both products/applications are designed inside an MS SQL 2000 database, which shall provide a fully relational and integrated solution.
The Contractor understands that L&I currently uses the following Microsoft (MS) products for each of the components of its technical environment:
Windows NT/2000/XP (for Personal Computer operating system) Internet Explorer 5.5 or above (IE) (for Web browser) Windows Server NT/2000/XP (for server operating system) SQL Server 2000(for database management system) Webserver IIS 4.0 or above (web server software)
The Contractor warrants that the Software is compatible and shall operate effectively and efficiently with the products used in each component of L&I’s technical environment.
For as long as L&I continues to use Microsoft components, the Contractor shall maintain Software support in L&I’s then current environment for a minimum of two years after Microsoft releases a new stable (ready for commercial production) replacement product (e.g., Windows XP replaced prior versions of the PC operating system).
After L&I and the Contractor have determined that the Microsoft release is stable, the Contractor shall ensure compatibility within six months, Microsoft certification within nine months, and thereafter, make available to L&I at no additional cost any resultant updates, modifications, and/or enhancements to the Software.
REAUTHORIZATION CODE REQUIREDIf a reauthorization code must be keyed in by Contractor for the Licensed Software to remain functional upon movement to another computer system, Contractor shall provide the reauthorization code to L&I within one (1) Working Day after receipt of L&I’s notice of its machine upgrade or movement.
SOFTWARE OWNERSHIPContractor shall maintain all title, copyright, and other proprietary rights in the Software. L&I does not acquire any rights, express or implied, in the Software, other than those specified in this Contract.
Contractor, as Licensor, hereby warrants and represents to L&I as licensee that Contractor is the owner of the Software licensed hereunder or otherwise has the right to grant to L&I the licensed rights to the Software provided by Contractor through this Contract without violating any rights of any third party, and that there is
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Sample Contract – Attachment B Statement of Work
L&I Contract No. currently no actual or threatened suit by any such third party based on an alleged violation of such right by Contractor.
SOURCE CODE ESCROWContractor agrees that at anytime during the term of this Contract, L&I may require the establishment of a Source Code Escrow. L&I shall notify Contractor in writing when and if L&I elects to require the establishment of such Escrow. Source Code Escrow Package DefinitionThe term “Source Code Escrow Package” shall mean the following:(a) A complete copy in machine-readable form of the source code and executable code of the Licensed
Software;(b) A complete copy of any existing design documentation and user documentation; and/or(c) Complete instructions for compiling and linking every part of the source code into executable code for
purposes of enabling verification of the completeness of the source code as provided below. Such instructions shall include precise identification of all compilers, library packages, and linkers used to generate executable code.
Delivery of Source Code into EscrowWithin (e.g., thirty (30), etc.) days upon written notification by L&I to establish a Source Code Escrow, the Contractor, L&I and Escrow Agent (to be selected and agreed upon by L&I and the Contractor) shall enter into a supplementary escrow agreement attached hereto as Attachment D titled Escrow Contract. Within thirty (30) days upon execution of the Escrow Contract, the Contractor shall deliver a Source Code Escrow Package to the Escrow Agent.
Delivery of New Source Code into EscrowProvided that a Source Code Escrow and an Escrow Contract have been established as required by L&I herein, when and if, from time-to-time during the term of this Contract, term of license or term of maintenance and support Services, the Contractor provides L&I with a maintenance release or upgrade version of the Licensed Software, the Contractor shall within ten (10) Working Days thereafter deposit with the Escrow Agent, in accordance with the Escrow Contract, a Source Code Escrow Package for the maintenance release or upgrade version, and give L&I notice of such delivery.
Verification of Source Code Escrow PackageL&I, at its option and expense, may request that the completeness and accuracy of any Source Code Escrow Package be verified. Such verification may be requested once per Source Code Escrow Package. Such verification will be conducted by the Escrow Agent or, upon at least ten (10) Working days prior notice
to Contractor, by another party (the “Verifier”) reasonably acceptable to Contractor (after full disclosure to Contractor of information reasonably requested by Contractor about the Verifier).
Prior to conducting the verification, the Verifier shall first execute a form of confidentiality agreement prepared by Contractor and precluding the Verifier from disclosing any information about the source Code Escrow Package to L&I other than whether the Source Code Escrow Package was found to be complete and accurate.
Unless otherwise agreed at the time by Contractor and L&I, verification will be performed on-site at Contractor’s premises, utilizing Contractor’s equipment and software, at a time reasonably acceptable to Contractor. Contractor shall make technical and support personnel available as reasonably necessary for the verification.
Contractor may at its discretion designate a representative to accompany the Source Code Escrow Package at all times, and to be present at the verification. The Verifier will be L&I’s sole representative at the verification.
The responsibility for the completeness and accuracy of the verification will be solely that of the Verifier. Neither the Escrow Agent, if different from Verifier, nor Contractor shall have any responsibility or liability to L&I for any incompleteness or inaccuracy of any verification.
Escrow FeesAll fees and expenses charged by the Escrow Agent will be borne by the Contractor.
Release Events for Source Code Escrow PackageThe Source Code Escrow Package may be released from escrow to L&I, temporarily or permanently, solely upon the occurrence of one or more of the following “Escrow Release Events” defined below:
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Sample Contract – Attachment B Statement of Work
L&I Contract No. The Contractor becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary
petition of bankruptcy, suffers or permits the appointment of a receiver for its business or assets, becomes subject to any proceeding under any bankruptcy or insolvency law, whether domestic or foreign;
The Contractor has wound up or liquidated its business voluntarily or otherwise and the State has compelling reasons to believe that such events will cause the Contractor to fail to meet its warranties and maintenance obligations in the foreseeable future; or
The Contractor voluntarily or otherwise discontinues support of the provided products or fails to support the products in accordance with its warranties and maintenance obligations.
Release Event Procedures.If L&I desires to obtain the Source Code Escrow Package from the Escrow Agent upon the occurrence of an Escrow Release Event, then: L&I shall comply with the procedures set forth in the Escrow Contract to document the occurrence of the
Release Event; L&I shall maintain all materials and information comprising the Source Code Escrow Package in confidence
in accordance with the section in this Contract titled, Contractor’s Proprietary Information; If the release is a temporary one, then L&I shall promptly return all released materials to Contractor when
the circumstances leading to the release are no longer in effect; and L&I shall promptly respond, fully and completely, to any and all requests for information from Contractor
concerning L&I’s use or contemplated use of the Source Code Escrow Package.
CONTRACTOR COMMITMENTS, WARRANTIES, AND REPRESENTATIONSAny written commitment by the Contractor within the scope of this Contract shall be binding upon the Contractor. Failure of the Contractor to fulfill such a commitment may constitute breach and shall render the Contractor liable for liquidated or other damages due L&I under the terms of this Contract.
For purposes of this Contract, a commitment by the Contractor, which must be in writing, includes: Prices, discounts, and options committed to remain in force over a specified period of time; Any warranty or representation made by the Contractor in a proposal as to Software performance or any
other physical, design or functional characteristics of a machine, Software package, system, training, Services, or other products within the scope of this Contract;
Any warranty or representation made by the Contractor concerning the characteristics or items above, contained in any literature, descriptions, drawings or specifications accompanying or referred to in a proposal;
Any modification of or affirmation or representation as to the above which is made by Contractor in writing during the course of negotiation whether or not incorporated into a formal amendment to the proposal in question; and
Any representation by the Contractor in a proposal, supporting documents or negotiations subsequent thereto as to training to be provided, Services to be performed, prices and options committed to remain in force over a fixed period of time or any other similar matter regardless of the fact that the duration of such commitment may exceed the duration of this Contract.
PHYSICAL MEDIA WARRANTYContractor warrants to L&I that each licensed copy of the Licensed Software provided by Contractor is and will be free from physical defects in the media that tangibly embodies the copy (the “Physical Media Warranty”). The Physical Media Warranty does not apply to defects discovered more than Working Days after the date of Acceptance of the Software copy by L&I.
The Physical Media Warranty does not apply to defects arising from acts of non-Contractor employees, agents, or Subcontractors after the media has left Contractor’s control in cases of theft, vandalism, fire, water, acts of God or other perils beyond the control of Contractor.
L&I shall be entitled to replacement by Contractor, at Contractor’s expense including shipping and handling costs, of any Software copy provided by Contractor that does not comply with this warranty.
NO SURREPTITIOUS CODE WARRANTYContractor warrants to L&I that no copy of the Licensed Software provided to L&I contains or will contain any Self-Help Code nor any Unauthorized Code as defined below. The warranty is referred to in this Contract as the “No Surreptitious Code Warranty.”
As used in this Contract, “Self-Help Code” means any back door, time bomb, drop dead device, or other Software routine designed to disable a computer program automatically with the passage of time or under the
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Sample Contract – Attachment B Statement of Work
L&I Contract No. positive control of a person other than a licensee of the Software. Self-Help Code does not include Software routines in a computer program, if any, designed to permit an Owner of the computer program (or other person acting by authority of the Owner) to obtain access to a licensee’s computer system(s) (e.g. remote access via modem) for purposes of maintenance or technical support.
As used in this Contract, “Unauthorized Code” means any virus, Trojan horse, worm or other Software routines or components designed to permit unauthorized access to disable, erase, or otherwise harm Software, Equipment, or data; or to perform any other such actions. The term Unauthorized Code does not include Self-Help Code.
Contractor will defend L&I against any claim, and indemnify L&I against any loss or expense arising out of any breach of the No Surreptitious Code Warranty.
COMPLIANCE WITH STANDARDSContractor represents that all Software and elements thereof, including but not limited to, documentation and source code, shall meet and be maintained by Contractor to conform to standards set for herein and all applicable industry standards.
The Contractor warrants that it will maintain its quality assurance practices and certification in conformance with the applicable industry standards during the term of this Contract.
The Contractor warrants that it (e.g., has, has not, etc.) received certification from an authorized certifying authority that its Software quality assurance practices conform to the requirements of the current version of the ISO-9001 standard "Quality systems - Model for quality assurance in design, development, production, installation and servicing" and that this certification (e.g., was, was not, etc.) received within one (1) year of execution of this Contract. Contractor further warrants that it (e.g., will, will not, etc.) maintain its quality assurance practices and certification in conformance with the ISO-9001 during the term of this Contract.
The Contractor warrants that its Software development process (e.g., has, has not, etc.) been assessed by a certified Software Capability Evaluator, as defined by the Software Engineering Institute, and found to conform to the requirements of a Level 2 development process as defined by the current version of the Capability Maturity Model (CMM), also defined by the Software Engineering Institute. Contractor further warrants that it (e.g., will, will not, etc.) maintain or improve its Software development process at Level 2 or above during the term of this Contract.
FAILURE TO PERFORMIf the Contractor fails to perform any substantial obligation under this Contract, L&I shall give the Contractor written notice of such failure to perform. If after thirty (30) calendar days from the date of the written notice Contractor still has not performed, then L&I may withhold all monies due and payable to Contractor, without penalty to L&I, until such failure to perform is cured or otherwise resolved.
ADDITIONAL SERVICES AND SOFTWAREL&I and Contractor agree that additional Services and/or Software, which are appropriate to the scope of this Contract, may be added to this Contract by an instrument in writing, with the mutual consent of both parties. Such writing shall include a specific description of the additional Services and/or Software, pricing and additional terms and conditions as relevant. The additional Services and/or Software shall be available under the same terms and conditions established herein, unless otherwise agreed to in a signed writing.
PATENT AND COPYRIGHT INDEMNIFICATION Contractor will, at its expense, defend or settle any claim against L&I that Software or work products supplied hereunder infringe any patent, copyright, utility model, industrial design, mask work or trademark. Contractor will pay resulting costs, damages and attorneys’ fees finally awarded provided that L&I: Promptly notifies Contractor in writing of the claim; and Cooperates with and agrees to use its best efforts to encourage the Office of the Attorney General of
Washington to grant Contractor sole control of the defense and all related settlement negotiations. Contractor will pay all costs of such defense and settlement and any costs and damages awarded by a court
or incurred by L&I, except costs paid to the Office of the Attorney General as legal fees. If such claim has occurred, or in Contractor's opinion is likely to occur, L&I agrees to permit Contractor at its option and expense, either to procure for L&I the right to continue using the Software or to replace or modify the same so that they become noninfringing and functionally equivalent. If use of the Software is enjoined by a court and the Contractor determines that none of these alternatives is reasonably available, Contractor, at its risk and expense, will take back the Software and refund its depreciated value. No termination charges will be
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Sample Contract – Attachment B Statement of Work
L&I Contract No. payable on such returned Software. Depreciated value shall be calculated on the basis of a useful life of five (5) years commencing on the date of purchase and shall be an equal amount per year over said useful life. The depreciation for fractional parts of a year shall be prorated on the basis of 365 days per year. In the event the Software has been installed less than one (1) year, transportation to the initial installation site paid by L&I shall be refunded by Contractor.
Contractor has no liability for any claim of infringement arising from: Contractor’s compliance with any designs, specifications or instructions of L&I; Modification of the Software by L&I or a third party without the prior knowledge and approval of Contractor;
or Use of the Software in a way not specified by Contractor; unless the claim arose against Contractor’s
Software or Services independently of any of these specified actions.
CONTRACTOR’S PROPRIETARY INFORMATIONContractor acknowledges that L&I is subject to chapter 42.56 RCW, the Public Disclosure Act and that this Contract shall be a public record as defined in chapter 42.56 RCW. Any specific information that is claimed by the Contractor to be confidential or proprietary, must be clearly identified as such by the Contractor. To the extent consistent with chapter 42.56 RCW, L&I shall maintain the confidentiality of all such information marked confidential or proprietary. If a request is made to view Contractor's proprietary information, L&I will notify Contractor of the request and of the date that such records will be released to the requester unless Contractor obtains a court order enjoining that disclosure. If Contractor fails to obtain the court order enjoining disclosure, L&I will release the requested information on the date specified.
SUBPOENAIn the event that a subpoena or other legal process commenced by a third party in any way concerning the Software or Related Services provided pursuant to this Contract is served upon Contractor or L&I, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and L&I further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party.
PERFORMANCE MEASUREMENT AND MONITORINGImpacts and outcomes achieved as a result of the delivery of services may be measured and evaluated by L&I in a Periodic Performance Measurement form, Attachment E. L&I may evaluate Contractor performance at Contract completion and at least once a year. An annual evaluation will be conducted during the sixty-day period following the Contract anniversary date, except L&I can establish, a date which better accommodates L&I’s particular needs. The evaluation will cover the period ending with an established due date. L&I may utilize the standardized Periodic Performance Measurement form and/or supplement the process with special performance factors peculiar to the specific contractual needs. Each evaluation shall include an assessment of the Contractor’s efforts toward achieving L&I’s objectives. The form is designed to aid L&I in referrals, clarify Contractor’s duties and L&I expectations, and inform Contractors of their performance strengths and weaknesses.
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Sample Contract – Attachment B Statement of Work
L&I Contract No.
(Contractor’s name) Contract No.
ATTACHMENT CBUDGET
LICENSE FEEL&I shall pay to the Contractor the sum of $_____________ for the license.
MAINTENANCE AND SUPPORT FEESUpon expiration of the Contractor-provided initial warranty term as set forth in the section titled Period of Performance, 5. Maintenance and Support of Software, 5.1. Initial Term, and upon election by L&I to receive maintenance and support Services from the Contractor, L&I shall pay maintenance and support fees to the Contractor [calculated at [______] percent [(__)]% of the Contractor’s then current license fee for the Software product OR $ or other reasonable amount/method]: PROVIDED THAT, Maintenance and support fee increases shall be capped at [______] percent [(__)]% annually from one year to the next and may only be increased on the anniversary of the Execution Date of this Contract.
L&I shall pay maintenance and support charges on a (e.g., monthly, quarterly, etc.) basis, in arrears. Payment of maintenance Service/support of less than one (1) (e.g., month’s, quarter’s, etc.) duration shall be prorated at a portion of the basic maintenance and support charges for each calendar day.
TRAINING FEE
INSTALLATION FEE
UPGRADE FEE
OVERPAYMENTS TO CONTRACTORUpon notice thereof, Contractor shall promptly refund to L&I the full amount of any erroneous payment or overpayment to which Contractor is not entitled pursuant to this Contract.
PRICE REDUCTIONThe Contractor agrees all the prices, terms, warranties, and benefits provided in this Contract are comparable to or better than the terms presently being offered by the Contractor to any other governmental entity purchasing the same quantity under similar terms. If the Contractor shall, during the term of this Contract, enter into contracts with any other governmental entity providing greater benefits or more favorable terms than those provided by this Contract, the Contractor shall be obligated to provide the same to L&I for subsequent purchases.
If the Contractor reduces its list prices for any of the Software or Related Services during the term of this Contract, L&I shall have the immediate benefit of such lower prices and rates for new purchases. Contractor shall send notice to L&I’s Contract Manager with the reduced list prices within fifteen (15) Working days of the reduction taking effect.
TAXESL&I will pay sales and use taxes imposed on the Software or related Services acquired hereunder. The Contractor must pay all other taxes including, but not limited to, Washington Business and Occupation Tax, taxes based on the Contractor's income, or personal property taxes levied or assessed on the Contractor's personal property to which L&I does not hold title. L&I, as an agency of the Washington State government, is exempt from property tax.
SOFTWARE EVALUATION FEEIf L&I elects to reject the Licensed Software during the Performance Testing period as provided under (e.g., Standard of Performance and Acceptance , etc.) section of this Contract, L&I shall not be liable for any of the fees as specified above. Instead, in lieu of those fees, L&I will compensate Contractor a Software
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Sample Contract - Attachment D Escrow Contract
L&I Contract No.
(Contractor’s name) Contract No.
Evaluation Fee of $ plus consulting cost and any other expenses incurred by the Contractor during the Performance Testing period; provided that the maximum amount of such consulting cost and any other expenses shall not exceed $ . At any time during the Performance Testing period Contractor may submit an invoice to L&I for payment of the Software Evaluation Fee plus consulting cost or any other expenses incurred by Contractor during the Performance Testing period and, as an exception to the (e.g., Invoice and Payment , etc.) provision, such payment shall be due and payable within thirty (30) days of receipt of the invoice. In the event L&I elects to accept the Software after Performance Testing, said Software Evaluation Fee plus consulting cost or any other expenses, if paid to the Contractor, shall be deducted from the $ Training Fee and/or Installation Fee.
CUSTOMIZATIONWithin ninety (90) days after L&I’s acceptance of the licensed Software, Contractor shall provide L&I with a detailed list of customization requirements and cost estimates for such customization. Contractor shall customize the Software to meet L&I’s needs and/or business applications, provided that any and all customization work on the Software shall be performed by Contractor exclusively. For this purpose, “customization” is defined as any modification of the licensed Software or combination of such Software with other computer programs or materials to form a derivative work. Phase I of this Contract which consists of Software installation, testing, and training does not include customization work. If required, all customization work will be performed during Phase II of this Contract and will be charged at an hourly rate of $ . All customization work and estimated cost for the work must be approved by L&I in writing prior to commencement.
LIQUIDATED DAMAGES
Liquidated Damages - GeneralAny delay by the Contractor in meeting the installation date, maintenance, repair, or Standard of Performance and Acceptance date set forth in this Contract will interfere with the proper implementation of L&I’s programs to the loss and damage of L&I.
As it would be impracticable to fix the actual damage sustained in the event of any such failure(s) to perform, L&I and the Contractor, therefore, agree that in the event of any such failure(s) to perform, the amount of damage which will be sustained will be the amount set forth in the following sections and the parties agree that the Contractor shall pay such amounts as liquidated damages and not as a penalty.
Liquidated damages provided under the terms of this Contract are subject to the same limitations as provided in the section titled Limitation of Liability.
Liquidated Damages - SpecificIf Contractor does not have the Software installed by the Installation Date agreed upon between L&I and Contractor, then Contractor shall provide a revised Installation Date and pay to L&I as fixed and agreed liquidated damages, in lieu of all other damages due to such delay, for each calendar day between the specified Installation Date and the date that Contractor actually installs the Software and Software is operational in accordance with the Standard of Performance and Acceptance an amount of $ per day.
If the revised Installation Date is more than calendar days from the original Installation Date, then by written notice to the Contractor, L&I may immediately terminate the right of Contractor to install the Software and L&I may obtain substitute Software from another Contractor. In this event, the Contractor shall be liable for fixed and agreed liquidated damages, in lieu of all other damages due to such delay, in the amount specified above, until substitute Software is installed, or a maximum of calendar days from the original Installation Date, whichever occurs first.[If using a section for a guaranteed response time for maintenance, use the following section.]If Contractor's maintenance personnel fail to arrive at L&I's installation site within [two (2) hours or whatever was agreed upon] after notification by L&I that maintenance is required, the Contractor shall pay to L&I as fixed and agreed liquidated damages, in lieu of all other damages due to such non-responsiveness, for each hour between the agreed [two (2) hours or whatever was agreed upon] response time and the actual response time an amount of [______] dollars [($ __)] per hour for each "late" hour or part thereof (prorated) beginning with the time of notification by L&I and ending with the time that Contractor's maintenance personnel arrive at L&I's site.
QUIET POSSESSION & USAGEContractor warrants that L&I, upon paying the amounts due hereunder and performing all other covenants, terms, and conditions on its part to be performed hereunder, may and shall peacefully and quietly have, hold,
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Sample Contract - Attachment D Escrow Contract
L&I Contract No.
(Contractor’s name) Contract No.
possess, and enjoy the Software for the term provided without suit, molestation, or interruption.
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Sample Contract - Attachment D Escrow Contract
L&I Contract No.
(Contractor’s name) Contract No.
ATTACHMENT DESCROW CONTRACT
This Software License Contract (hereinafter referred to as “Contract”) is entered into by and between the state of Washington, acting by and through the Department of Labor & Industries, an agency of Washington State government (hereinafter referred to as “L&I”) located at PO Box 4 , Olympia, Washington, 98504- and , a (e.g., corporation, sole proprietorship, partnership, etc.) licensed under FEIN/SSN to conduct business in the state of Washington (hereinafter referred to as “Contractor”), located at for the purpose of licensing .
This Escrow Contract (hereinafter referred to as “Escrow Contract”) is entered into by and between the state of Washington, acting by and through Department of Labor & Industries an agency of Washington State government (hereinafter referred to as “L&I”), located at PO Box 4 , Olympia, Washington, 98504- and , a (e.g., corporation, sole proprietorship, partnership, etc.) (hereinafter referred to as “Contractor”), located at , and (e.g., Escrow Agent’s Name) , a (e.g., corporation, sole proprietorship, partnership, etc.) (hereinafter referred to as “Escrow Agent”), organized and existing under the laws of the state of (e.g., Agent’s State of registration) .
WHEREAS, the Contractor and L&I have entered into a Software License Contract No. to which this Schedule is appended hereto and made a part hereof, pursuant to which the Contractor has licensed to L&I certain computer Software product(s), including updates, improvements, and enhancements thereof from time to time developed by the Contractor, and such additional computer program changes as L&I may order from the Contractor from time to time, all documentation therefor developed by the Contractor (hereinafter collectively referred to as the “Product”); and
WHEREAS, it is the policy of the Contractor not to disclose the Source Code(s) and related documentation (hereinafter collectively referred to as the (“Source Code Escrow Package”) for the Product(s) to its customers except as provided in an applicable Escrow Contract; and
WHEREAS Contractor and L&I agree that upon occurrence of certain events described in Section 3(a) hereof, L&I shall be able to obtain the Source Code Escrow Package and all revisions thereof;
ACCORDINGLY, the Contractor agrees to deliver the Source Code Escrow Package to the Escrow Agent upon the effective date of this Escrow Contract, which shall be as soon as practicable after the execution date of the Software License Contract between Contractor and L&I.
NOW THEREFORE, in consideration of the mutual covenants exchanged herein and for other valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Contractor, L&I and the Escrow Agent hereby act and agree as follows:
1. DEPOSITSThe Escrow Agent, as a safekeeping (escrow) agent, agrees to accept from the Contractor the Source Code Escrow Package. “Source Code Escrow Package” shall mean the following:
(a) A complete copy in machine-readable form of the Source Code and Executable Code of the Licensed Software;
(b) A complete copy of any existing Design Documentation and User Documentation;(c) Complete instructions for compiling and linking every part of the Source Code into
Executable Code for purposes of enabling verification of the completeness of the Source Code as provided below. Such instructions shall include precise identification of all compilers, library packages, and linkers used to generate Executable Code.
The Escrow Agent will issue to the Contractor and L&I a receipt for the Source Code Escrow Package upon delivery. The Source Code Escrow Package held by the Escrow Agent shall remain the exclusive property of the Contractor, and the Escrow Agent shall not use the Source Code Escrow Package or disclose the same to any third party except as specifically provided for herein. The Escrow Agent will hold the Source Code Escrow Package in safekeeping at its office listed in Section 9 titled Notices below unless and until the Escrow Agent is
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Sample Contract - Attachment D Escrow Contract
L&I Contract No.
(Contractor’s name) Contract No.
to deliver the Source Code Escrow Package to Contractor or L&I, in which case, the Escrow Agent shall deliver the Source Code Escrow Package to the party identified therein, subject, however, to the sections of this Escrow Contract.
2. REPRESENTATIONS OF CONTRACTOR TO L&IContractor represents and warrants to L&I that:
a. The materials described in this Contract as Software applications products hereto constitutes the Source Code Escrow Package and documentation for the Product licensed to L&I pursuant to the Software license and service Contract therein.
b. The Source Code Escrow Package delivered to the Escrow Agent are in a form suitable for reproduction by computer and photocopy equipment, and consists of full source language statement of the computer program or programs comprising the Software and complete computer program maintenance documentation, including all flow charts, schematics and annotations which comprise the precoding detailed design specifications, and all other material necessary to allow a reasonably skilled third party programmer or analyst to maintain or enhance the Product without the help of any other person or reference to any other material; such Source Code Escrow Package to be in the mode machine readable by the then operating L&I equipment and produced and copied on 1600 bpi magnetic tape.
c. The Contractor will promptly supplement the Source Code delivered hereunder with all revisions, corrections, enhancements or other changes so that the Source Code Escrow Package constitutes a human readable computer program for the current release of the Product. This supplementation shall be made in machine readable format by the then operating L&I equipment and produced and copied on 1600 bpi magnetic tape, along with specifications of sections a. and b. herein, every six (6) months or within ten (10) Working days of delivery of any modification, enhancement, or upgrade to L&I or any other customer of the Contractor, whichever occurs first.
3. NOTICE OF DEFAULTa. The Contractor shall be deemed to be in default of its responsibilities to L&I if:
i. The Contractor becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary petition of bankruptcy, suffers or permits the appointment of a receiver for its business or assets, becomes subject to any proceeding under any bankruptcy or insolvency law, whether domestic or foreign;
ii. the Contractor has wound up or liquidated its business voluntarily or otherwise and L&I has compelling reasons to believe that such events will cause the Contractor to fail to meet its warranties and maintenance obligations in the foreseeable future; or
iii. The Contractor voluntarily or otherwise discontinues support of the provided products or fails to support the products in accordance with its warranties and maintenance obligations.
L&I shall give written notice (“Notice of Default”) to the Escrow Agent of any default by the Contractor. The Notice of Default shall, at the minimum:i. Be labeled “Notice of Default”;ii. Identify the Software License Contracts and any other relevant agreement, contained
therein and this Escrow Contract;iii. Specify the nature of the default(s);iv. Identify the Source Code Escrow Package with specificity; andv. Demand the delivery of the Source Code Escrow Package to L&I.
b. Upon receipt of the Notice of Default, the Escrow Agent shall send a copy thereof to the Contractor by certified or registered mail, postage prepaid, return receipt requested. The Escrow Agent shall automatically be authorized and directed to deliver the Source Code Escrow Package to L&I in accordance with this Escrow Contract within ten (10) Working days.
4. NOTICE OF TERMINATIONUpon the termination of the applicable Software License Contracts, the Contractor may obtain the return of the applicable Source Code Escrow Package to terminated Software applications products by furnishing written notice of the termination, agreed to by authorized and notarized signature of L&I.
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Sample Contract - Attachment D Escrow Contract
L&I Contract No.
(Contractor’s name) Contract No.
5. DISPUTESThe Escrow Agent shall not release the Source Code Escrow Package to either party except in accordance with the completion of any of the sections in Section 3 above, or upon receipt of an agreement with authorized and notarized signatures of both Contractor and L&I, authorizing the release of the Source Code Escrow Package to one of the parties hereto.
6. PAYMENT OF ESCROWAs payment for its Services hereunder, the Escrow Agent shall receive a fee of from the Contractor.
7. TERMINATIONUnless terminated sooner, this Escrow Contract shall terminate on the delivery of the Source Code Escrow Package of Software applications products to Contractor or L&I as provided herein.
8. WAIVER, AMENDMENT OR MODIFICATION; SEVERABILITYThis Escrow Contract shall not be waived, amended, or modified except by the written agreement of all the parties hereto. Any invalidity, in whole or in part, of any section of this Escrow Contract shall not affect the validity of any other of its sections.
9. NOTICESAll notices required to be given hereunder shall be in writing and shall be given by certified or registered mail, return receipt requested, to the parties at their respective addresses as follows:
to Contractor at: [Contractor Name]Attention: [Name][Street Address][City][State][phone and fax numbers]
to L&I at: State of WashingtonDepartment of Labor & IndustriesAttention: [Contract Manager]PO Box 4 Olympia, WA 98504-4 [phone and fax numbers]
to Escrow Agent at: [Escrow Agent’s Name]Attention: [Name][Street Address][City][State][phone and fax numbers]
10. LIMITATION ON ESCROW AGENT’S RESPONSIBILITY AND LIABILITYa. The Escrow Agent shall not be obligated or required to examine or inspect the Source Code
Escrow Package, or any of the Additions. The Escrow Agent’s obligation for safekeeping shall be limited to providing the same degree of care for the Source Code Escrow Package as it maintains for its valuable documents and those of its customers lodged in the same location with appropriate atmospheric or other safeguards. However, the parties agree and acknowledge that the Escrow Agent shall not be responsible for any loss or damage to any of the Source Code Escrow Package due to changes in such atmospheric conditions, unless such changes are proximately caused by the gross negligence or malfeasance of the Escrow Agent.
b. The Escrow Agent shall be protected in acting upon any written notice, request, waiver, consent, receipt or other paper or document furnished to it, not only in assuming its due execution but also the validity and effectiveness of its information therein contained, which it in good faith believes to be genuine and what it purports to be.
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Sample Contract - Attachment D Escrow Contract
L&I Contract No.
(Contractor’s name) Contract No.
c. In no event shall the Escrow Agent be liable for any act or failure to act under the sections of the Escrow Contract except where its acts are the result of gross negligence or malfeasance. The Escrow Agent shall have no duties except those which are expressly set forth herein, and it shall not be bound by any notice of a claim, or demand, termination or rescission of the Escrow Contract, unless received in writing , and, if its duties herein are affected, unless it shall have given its prior written consent thereto.
d. The parties to this Contract hereby jointly and severally indemnify the Escrow Agent against any loss, liability or damage (other than any caused by the gross negligence or malfeasance of the Escrow Agent), including reasonable costs of litigation and counsel fees, arising from and in connection with the performance of its duties under this Contract.
11. GOVERNING LAWSThis Contract shall be governed in all respects by the law and statutes of the state of Washington. The venue of any action hereunder shall in the Superior Court for Thurston County, Washington.
12. AUTHORITY TO BINDThe signatories to this Contract represent that they have the authority to bind their respective organizations to this Contract.
IN WITNESS WHEREOF, the parties hereto have caused this Escrow Contract to be duly executed in triplicate originals and each triplicate shall be deemed an original copy of this Contract signed by each party, for all purposes, as of the year and date last written below.
State of Washington [Contractor’s Name]Department of Labor & IndustriesBy: By: Its: Its: Date: Date:
ESCROW AGENTBy: Its: Date:
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Sample Contract - Attachment D Escrow Contract
L&I Contract No.
(Contractor’s name) Contract No.
SAMPLE ONLYATTACHMENT E
PERFORMANCE MEASUREMENT
PERIODIC PERFORMANCE REPORTSTATE OF WASHINGTONDEPARTMENT OF LABOR & INDUSTRIES (L&I)
CONTRACTOR NAME
L&I’s Contract Manager may complete a Periodic Performance Report annually and/or at the end of each project and/or deliverable.
AnnualProject endOther
CONTRACTOR’S CONTRACT/WORK ORDER MANAGER
START DATEEND DATE
L&I’S CONTRACT MANAGER
PREPARED BY
SECTION 1 - RATINGS On the scale of satisfaction provided, where 0 is 0% satisfaction and 4 is 100% satisfaction, please rate your
experience by placing an “ ” in the appropriate column.
RATING
0 1 2 3 4
YES NO Work was completed in a timely mannerDid the Contractor complete all work (tasks, deliverables, etc.) specified in the Contract/Work Order?
Quality of Contract work performedContractor’s professional manner and conductContractor’s relationship with L&I staff
Would you hire this Vendor again? Contractor’s overall expertiseWould recommend this Vendor? Overall satisfaction level with the work performed
SECTION 2 - L&I’S NARRATIVE Provide a brief description of the work performed
It is the purpose of this Contract/Work Order to (e.g., provide, obtain, etc.)
1.) THE CONTRACTOR WAS VERY GOOD IN THE FOLLOWING AREAS/SKILLS :
2.) THE CONTRACTOR NEEDS IMPROVEMENT IN THE FOLLOWING AREAS/SKILLS:
3.) PLEASE ELABORATE ON ANY AREAS IN SECTION 1 ABOVE WITH A RATING LESS THAN “2”:
4.) ADDITIONAL COMMENTS, IF ANY:
(Attach additional sheets if necessary)
SECTION 3 - CONTRACTOR’S COMMENTS Brief comments/suggestions from the Contractor for L&I’s Contract/Work Order Manager or L&I management?
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Performance Measurement, Attachment E (Sample Contract Only)
golt235, 01/03/-1,
TO CHECK THE BOX ( ELECTRONICALLY just double click on the box you would like to check and follow the instructions.
golt235, 01/03/-1,
Proactive in completing work without requiring excessive direction and detail? For Information Technology Work: Understands the technology very well; gains an understanding of L&I technology environment quickly and conforms to it; easily adapts to the new technology and can access the benefits/impacts quickly?
golt235, 01/03/-1,
Gets along with other technical team members, other contractors and business staff? Take instructions from the project manager and follow-through? Educates and trains effectively? Smooth transition to L&I team (i.e., knowledge transfer, ongoing L&I maintenance, etc.)?
golt235, 01/03/-1,
Can deliver and explain a process, technical procedure, or issue clearly? Is willing to listen and track criticism? Documents as necessary? Communicates and delivers project information, critical issues, and problems to the customer? Communicates in business terms/language? Comfortable working with technical experts, teams, stakeholders, etc.?
golt235, 01/03/-1,
Provides accurate estimates? Helps to solve L&I’s technology system challenges? Cost/benefit of the overall work effort good? Accurate billing (i.e., hours actually worked, etc.)?
golt235, 01/03/-1,
Keeps project manager posted of any issues or problems? He checks in regularly? Follow-through and meet milestones and deliverables within the allotted schedule? Overall consistency (could you depend and rely on the Contractor)? Overall reliability and dependability in meeting your/project expectations? Billing/Invoicing in a timely manner? Sense of time constraints and project schedules in completion of work?
golt235, 01/03/-1,
TO CHECK THE BOX ( ELECTRONICALLY just double click on the box you would like to check and follow the instructions.
