STATE OF TENNESSEE DEPARTMENT OF HUMAN SERVICES CITIZENS PLAZA BUILDING 400 DEADERICK STREET NASHVILLE, TENNESSEE 37243-1403 TELEPHONE: 615-313-2263 FAX: 615-313-5356 www.tn.gov/humanserv/ BILL HASLAM DANIELLE W. BARNES GOVERNOR COMMISSIONER April 23, 2018 Ms. Krista Lee Executive Director of Fiscal Review Tennessee General Assembly Rachel Jackson Building, 8 th Floor, Nashville, TN 37243 Re: Amendment One – Contract No. 19232 Libera, Inc. Data Management System Dear Ms. Lee: This following information is provided in support of the subject Amendment to Contract No. 19232 submitted for consideration and approval of the Fiscal Review Committee. The Department of Human Services (“TDHS”) is seeking approval of this Amendment effective July 1, 2018. Background TDHS’s current Data Management System, Tennessee Rehabilitation Information Management System (“TRIMS”), has been in use since 2010. This case management system helps case managers determine eligibility for vocational rehabilitation clients and meet federal reporting and compliance requirements. Currently, DHS has approximately 650 active internal users who utilize this system on a daily basis to assist with obtaining vital data on clients with disabilities throughout the State of Tennessee. The current contractor for the TRIMS data management system, Libera, Inc., advised TDHS that, due to changes in Libera’s business model and external market conditions, it will cease providing software and any associated maintenance and support services in the federally mandated Workforce Innovation and Opportunities Act market. Justification In order to ensure the continuation of essential Vocational Rehabilitation services, TDHS is requesting an amendment to the existing contract with Libera for a 30-month period until a contract with another service provider can be entered to develop and implement an alternative to the current legacy TRIMS system. As Libera holds owns exclusive rights to the TRIMS data management system, TDHS will
Transcript
STATE OF TENNESSEE
DEPARTMENT OF HUMAN SERVICES CITIZENS PLAZA BUILDING
400 DEADERICK STREET NASHVILLE, TENNESSEE 37243-1403
BILL HASLAM DANIELLE W. BARNES GOVERNOR COMMISSIONER
April 23, 2018 Ms. Krista Lee Executive Director of Fiscal Review Tennessee General Assembly Rachel Jackson Building, 8th Floor, Nashville, TN 37243 Re: Amendment One – Contract No. 19232 Libera, Inc. Data Management System Dear Ms. Lee: This following information is provided in support of the subject Amendment to Contract No. 19232 submitted for consideration and approval of the Fiscal Review Committee. The Department of Human Services (“TDHS”) is seeking approval of this Amendment effective July 1, 2018. Background TDHS’s current Data Management System, Tennessee Rehabilitation Information Management System (“TRIMS”), has been in use since 2010. This case management system helps case managers determine eligibility for vocational rehabilitation clients and meet federal reporting and compliance requirements. Currently, DHS has approximately 650 active internal users who utilize this system on a daily basis to assist with obtaining vital data on clients with disabilities throughout the State of Tennessee. The current contractor for the TRIMS data management system, Libera, Inc., advised TDHS that, due to changes in Libera’s business model and external market conditions, it will cease providing software and any associated maintenance and support services in the federally mandated Workforce Innovation and Opportunities Act market. Justification In order to ensure the continuation of essential Vocational Rehabilitation services, TDHS is requesting an amendment to the existing contract with Libera for a 30-month period until a contract with another service provider can be entered to develop and implement an alternative to the current legacy TRIMS system. As Libera holds owns exclusive rights to the TRIMS data management system, TDHS will
Ms. Krista Lee April23, 2018 Page2
require Libera to continue to provide maintenance and support services and assist in the transition to an alternative system until such process can be completed.
Summary
The Department of Human Services is seeking an amendment to the existing contract with Libera, Inc. to continue support and maintenance of the TRIMS data management system for a 30-month period. The proposed Amendment will allow sufficient time for the Department to conduct a procurement to contract with another service provider and complete the transition to an alternative vocational case management system to ensure compliance and essential services for both external and internal stakeholders.
Please let me know if you have any questions or require additional information.
Sincerely,
Assistant General Counsel
cc: Cherrell Campbell-Street, Deputy Commissioner ofPrograms and Services, TDHS Nicholas Edwards, CPO Sourcing Analyst Don Ivancic, Legislative Procurement Compliance Manager, Comptroller of the Treasury
Supplemental Documentation Required for Fiscal Review Committee
*Department Submitting: Department of Human Services *Division: Rehabilitation Services
*Date Submitted: April 23, 2018 *Submitted Within Sixty (60) days: Yes
If not, explain: *Contract Vendor Name: Libera, Inc.
*Current or Proposed Maximum Liability: $518,800.00 (Current) $1,332.010.36 (Proposed)
*Estimated Total Spend for Commodities: N/A *Current or Proposed Contract Allocation by Fiscal Year: (as Shown on Most Current Fully Executed Contract Summary Sheet) FY: 2010 FY: 2011 FY: 2012 FY: 2013 FY: 2014 FY: 2015 FY:2016 FY:2017
$352,500.00 $35,000.00 $35,000.00 $35,000.00 35,000.00 26,250.00 No
Additional Funding Required
No Additional Funding Required
*Current Total Expenditures by Fiscal Year of Contract: (attach backup documentation from Edison) (SEE ATTACHED DOCUMENTATION “TN_CPO_BASELINE SPEND #19232”)
IF Contract Allocation has been greater than Contract Expenditures, please give the reasons and explain where surplus funds were spent:
N/A
IF surplus funds have been carried forward, please give the reasons and provide the authority for the carry forward provision:
N/A
IF Contract Expenditures exceeded Contract Allocation, please give the reasons and explain how funding was acquired to
N/A
Supplemental Documentation Required for Fiscal Review Committee
Revised April 2014
pay the overage: *Contract Funding Source/Amount:
State:
$0.00 Federal: $518,800.00
Interdepartmental:
Other:
If “other” please define: If “interdepartmental” please define:
Dates of All Previous Amendments or Revisions: (if applicable)
Brief Description of Actions in Previous Amendments or Revisions: (if applicable)
N/A N/A
Method of Original Award: (if applicable) Sole Source Contract *What were the projected costs of the service for the entire term of the contract prior to contract
award? How was this cost determined?
N/A
*List number of other potential vendors who could provide this good or service; efforts to
identify other competitive procurement alternatives; and the reason(s) a sole-source contract is in the best interest of the State.
N/A
v1.0 for CPO UsersVoucher B PO ID PO Date PO Accountin PO Line Supplier ID Vendor Name NIGP Long Description Unit Price Unit Price * Qty Vouchered Voucher Line Description Vendor Item ID or Part Num34570 0000003154 7/18/2011 7/17/2012 1 0000123812 Libera Inc MAINFRAME ADMINISTRATION SERVIC 35000.00000 35000.000 Software and support services for Rehabilitation Services System34570 0000003863 2/6/2012 2/6/2012 1 0000123812 Libera Inc MAINFRAME ADMINISTRATION SERVIC 35000.00000 35000.000 Software and support services for Rehabilitation Services System
FY12 Total: $70,000.0034570 0000004577 7/18/2012 7/18/2012 1 0000123812 Libera Inc HUMANITARIAN AID AND RELIEF 8750.00000 8750.000 Software and support services for Rehabilitation Services System34570 0000004551 7/12/2012 12/11/2012 1 0000123812 Libera Inc HUMANITARIAN AID AND RELIEF 8750.00000 8750.000 Software and support services for Rehabilitation Services System34570 0000005183 12/11/2012 12/11/2012 1 0000123812 Libera Inc HUMANITARIAN AID AND RELIEF 8750.00000 8750.000 Software and support services for Rehabilitation Services System34570 0000005564 3/15/2013 3/15/2013 1 0000123812 Libera Inc HUMANITARIAN AID AND RELIEF 8750.00000 8750.000 Software and support services for Rehabilitation Services System
FY13 Total: $35,000.0034570 0000006190 8/21/2013 8/21/2013 1 0000123812 Libera Inc HUMANITARIAN AID AND RELIEF 8750.00000 8750.000 Software and support services for Rehabilitation Services System34570 0000005979 7/10/2013 1/14/2014 1 0000123812 Libera Inc HUMANITARIAN AID AND RELIEF 8750.00000 8750.000 Software and support services for Rehabilitation Services System34570 0000006399 10/24/2013 10/24/2013 1 0000123812 Libera Inc MAINFRAME ADMINISTRATION SERVIC 10000.00000 10000.000 Software Maintenance, Generic Asset34570 0000006698 1/14/2014 6/28/2014 1 0000123812 Libera Inc HUMANITARIAN AID AND RELIEF 8750.00000 8750.000 Software and support services for Rehabilitation Services System34570 0000006698 1/14/2014 6/28/2014 1 0000123812 Libera Inc HUMANITARIAN AID AND RELIEF 8750.00000 8750.000 Software and support services for Rehabilitation Services System
FY14 Total: $45,000.0034570 0000007347 5/29/2014 7/12/2014 1 0000123812 Libera Inc HUMANITARIAN AID AND RELIEF 8750.00000 8750.000 Software and support services for Rehabilitation Services System34570 0000007582 7/11/2014 10/7/2014 1 0000123812 Libera Inc HUMANITARIAN AID AND RELIEF 8750.00000 8750.000 Software and support services for Rehabilitation Services System34570 0000007964 9/26/2014 9/26/2014 1 0000123812 Libera Inc MAINFRAME ADMINISTRATION SERVIC 10000.00000 10000.000 Professional services from 9/5/2014 to 9/4/2015. SWC 19232. Invoice# 0012225 dated 8/26/2014.34570 0000008018 10/7/2014 10/7/2014 1 0000123812 Libera Inc HUMANITARIAN AID AND RELIEF 8750.00000 8750.000 Software and support services for Rehabilitation Services System34570 0000008018 10/7/2014 10/7/2014 1 0000123812 Libera Inc HUMANITARIAN AID AND RELIEF 8750.00000 8750.000 Software and support services for Rehabilitation Services System
FY15 Total: $45,000.0034570 0000009062 6/24/2015 7/11/2015 1 0000123812 Libera Inc HUMANITARIAN AID AND RELIEF 8750.00000 8750.000 Software and Support Services for Rehabilitation Services TRIMS System34570 0000009584 10/22/2015 10/22/2015 1 0000123812 Libera Inc HUMANITARIAN AID AND RELIEF 10000.00000 10000.000 Software and support services for Rehabilitation Services TRIMS System - Technical Support34570 0000009583 10/22/2015 1/26/2016 1 0000123812 Libera Inc Invalid UNSPSC 8750.00000 8750.000 Software and support services for Rehabilitation Services TRIMS System - Case Mgmt.34570 0000009583 10/22/2015 1/26/2016 1 0000123812 Libera Inc Invalid UNSPSC 8750.00000 8750.000 Software and support services for Rehabilitation Services TRIMS System - Case Mgmt.34570 0000009583 10/22/2015 1/26/2016 1 0000123812 Libera Inc Invalid UNSPSC 8750.00000 8750.000 Software and support services for Rehabilitation Services TRIMS System - Case Mgmt.34570 0000009583 10/22/2015 1/26/2016 1 0000123812 Libera Inc Invalid UNSPSC 8750.00000 8750.000 Software and support services for Rehabilitation Services TRIMS System - Case Mgmt.
FY16 Total: $53,750.0034570 0000010732 7/22/2016 2/8/2017 1 0000123812 Libera Inc DATABASE MANAGEMENT SYSTEM SOF 10000.00000 10000.000 Software and support services for Rehabilitation Services TRIMS System - Case Mgmt.34570 0000010732 7/22/2016 2/8/2017 1 0000123812 Libera Inc DATABASE MANAGEMENT SYSTEM SOF 8333.34000 4166.670 Software and support services for Rehabilitation Services TRIMS System - Case Mgmt.34570 0000011669 2/3/2017 7/1/2017 1 0000123812 Libera Inc DATABASE MANAGEMENT SYSTEM SOF 8750.00000 8750.000 Software and support services for Rehabilitation Services TRIMS System - Case Mgmt.
FY17 Total: $22,916.6734570 0000013106 10/25/2017 10/25/2017 1 0000123812 Libera Inc DATABASE MANAGEMENT SYSTEM SOF 35000.00000 35000.000 Software and support services for Rehabilitation Services System34570 0000013563 3/1/2018 3/1/2018 1 0000123812 Libera Inc TRAINING WORKSHOP SERVICE 10000.00000 10000.000 Livera Professional Services
FY18 Total: $45,000.00
11-01-16 AMEND REQUEST
Amendment Request This request form is not required for amendments to grant contracts. Route a completed request, as one file in PDF format, via e-mail attachment sent to: [email protected]
APPROVED
CHIEF PROCUREMENT OFFICER DATE
Agency request tracking # 34570-0341 0
1. Procuring Agency Department of Human Services
2. Contractor Libera, Inc.
3. Edison contract 10 # 19232
4. Proposed amendment # Amendment One (1)
5. Contract's Original Effective Date February 22, 2010
6. Current end date N/A (perpetual)
7. Proposed end date December 31, 2020
8. Current Maximum Liability or Estimated Liability $518,800.00
9. Proposed Maximum Liability or Estimated Liability $1,332,010.36
10. Strategic Technology Solutions Pre-Approval Endorsement Request C8J Not Applicable D Attached - information technology service (N/A to THDA)
11. eHealth Pre-Approval Endorsement Request C8J Not Applicable D Attached - health-related professional, pharmaceutical, laboratory, or imaging
12. Human Resources Pre-Approval Endorsement Request C8J Not Applicable D Attached - state employee training service
13. Explain why the proposed amendment is needed
Libera, Inc., which is the owner of the source code of the Tennessee Rehabilitation Information Management System ("TRIMS") Data Management System used by the Division of Rehabilitation Services, has advised the Department that, as a result of changes in Libera's business model and externa.l market conditions, it will cease providing such software and any associated maintenance and support services in the federally-mandated Workforce Innovation and Opportunities Act market. In order to ensure that functions essential to providing service to Tennessee Vocational Rehabilitation clients, the Department is requesting an amendment to the existing contract with Libera (No. 19232) to continue maintenance and support services until the Department has had an opportunity to enter into a new contract with another service provider to develop and implement an
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11-01-16 AMEND REQUEST
Agency request tracking# 34570-03410
alternative to the current TRIMS system. Libera has agreed to provide maintenance and support services until the transition to a new system has been completed.
The Department would be unable to substantially comply with applicable state and federal requirements for vocational rehabilitation programs it is required to administer in the absence of the requested amendment. In this regard, please note that Libera currently possesses exclusive rights to the TRIMS Data Management System that cannot be transferred or obtained from other providers within the timeframe required to continue essential services. This amendment is, therefore, in the best interests of the state in order to ensure compliance and continue of services to the Department's Vocational Rehabilitation clients.
14. If the amendment involves a change in Scope, describe efforts to identify reasonable, competitive, procurement alternatives to amending the contract.
Libera is the sole owner of the source code for the TRIMS Data Management System. Libera currently possesses exclusive rights, due to the ownership of the source code, pertaining to the TRIMS Data Management System that is not obtainable from similar suppliers in the timeframes required to maintain services.
Signature of Agency head or authorized designee, title of signatory, and date (the authorized designee may sign his or her own name if indicated on the Signature Certification and Authorization document)
L/-~6-1
2 of 2
x YES NO
American Recovery and Reinvestment Act (ARRA) Funding: xYes No
CPO USE
End Date: December 31, 2020
$330,872.96
$290,942.98
$0.00
$405,029.00
Federal
$228,972.13
Edison Vendor ID
$305,165.42
Amendment #1
OtherInterdepartmental
Amendment Purpose & Effect(s)Software and Support Services for Web-Based Rehabilitation Services System
TOTAL Contract Amount INCREASE or DECREASE per this Amendment (zero if N/A): $813,210.36
Funding ---TOTAL Contract Amount
CONTRACT AMENDMENT COVER SHEET
Agency Tracking # Edison ID
Amendment Changes Contract End Date:
34570-03410 19232
$65,000.23 $240,165.19
2019
Contractor Legal Entity NameLibera, Inc.
$61,970.85
FY State
Account Code (optional)
72203000
TOTAL: $283,718.20 $1,048,292.16 $0.00
Budget Officer Confirmation: There is a balance in the appropriation from which obligations hereunder are required to be paid that is not already encumbered to pay other obligations.
11-20-13 AMEND-K
$0.00 $1,332,010.36
HS00000861
Winfield Shiers
Speed Code (optional)
$0.00
$86,271.18
Contract #
123812
2018
2020 $260,397.02$70,475.94
2021 $318,757.82
11-20-13 AMEND-K RFS #34570-03410
AMENDMENT ONE OF CONTRACT 19232
This Amendment is made and entered by and between the State of Tennessee, Department of Human Services, hereinafter referred to as the “State” or the “Department,” and Libera, Inc., hereinafter referred to as the “Contractor.” For good and valuable consideration, the sufficiency of which is hereby acknowledged, it is mutually understood and agreed by and between said, undersigned contracting parties that the subject contract is hereby amended as follows: 1. The following is added as Contract Section A.7:
A.7. Notwithstanding any other provision of this Contract to the contrary, the Contractor shall provide
the following services from July 1, 2018 through December 31, 2020: a. Operations and Maintenance Support. Contractor shall:
i. Continue to provide necessary maintenance and support for the Libera’s System 7 Platform sufficient to ensure compliance with any performance standards contained in the Libera Software Agreement. For purposes of this Amendment, the System 7 Platform incorporates the commercially-available Libera software product, developed by the Contractor, as configured and customized for the State as of the date of this Amendment, (including without limitation all product configurations and customizations, modules, complete applications, components, builds, add-ons, plug-ins, and individual lines of software code);
ii. Correct any and all patent or latent defects in the Libera Software that prevent or
overtly threaten the normal operation of the Libera Software;
iii. Make and perform updates or enhancements necessary to comply with and meet all standards set forth in applicable federal and state laws and regulations, including without limitation requirements of the Workforce Innovation and Opportunity Act, Public Law 113-128, as amended, State law and regulations reflected in State policies and procedures, policy memoranda issued by the U.S. Department of Education, all applicable Office of Management and Budget (OMB) circulars;
iv. Implement technology updates for the System 7 Platform necessary toensure continued functionality of such Software in the context of any commercially conventional changes with the commercial software embedded in the Libera platform;
v. Provide material or code as requested or required in accordance with Tennessee law or rules through the Tennessee Comptroller of the Treasury or other entity with audit jurisdiction related to the preparation and submission of reports and data for the purpose of audit review compliance; and
vi. Assist the State upon termination of this Contract in ensuring an orderly transfer of
responsibility and/or continuity of services required under the terms of this Contract to an organization designated by the State, if requested in writing. The Contractor shall deliver free on board (FOB) destination all records, documentation reports, data, hard copy and electronic files, recommendations, etc. which were required to be produced under the terms of the Contract to the State and/or the State’s designee promptly and with due diligence following receipt of the written request. The Contractor shall discontinue providing the service or accepting new assignments under the terms of this Contract, on the date specified by the State, in
Rehabilitation Services System 1 Software and Support Services
11-20-13 AMEND-K RFS #34570-03410
order to ensure the completion of such services prior to the termination of the Contract. Other required items, such as basic information from data dictionaries, business rule information, data extraction services, interface development and transition, and other transition services, will be provided under a Statement of Work as mutually agreed upon by the parties.
b. Supplemental Support Services.
i. Contractor shall provide additional services (“Supplemental Support Services”) which
are not included in the services outlined in this Section A., including without limitation significant modifications of software to provide for new functionality or for changes to existing functionality not required to comply with applicable law and regulations, as defined in section A7.A.iii. Contractor shall be compensated for any Supplemental Support Services requested by the State and completed by the Contractor based on the hours estimated by Contractor, and agreed to by the State, to complete the Supplemental Support Services as mutually agreed upon by the parties.
ii. The Contractor shall provide a detailed cost estimate that includes the number of
hours required to complete any Supplemental Support Service requested by the State. Contractor shall not begin work on the Supplemental Support Service request until the estimate has been approved by the State. Contractor shall invoice the State for the actual work required to complete the designated Supplemental Support Services, up to the estimated number of hours. Contractor shall not invoice the State for more than the estimated number of hours unless agreed to in advance as set forth in a Statement of Work.
2. Contract Section B is deleted in its entirety and replaced with the following: B. TERM OF CONTRACT:
This Contract shall be effective on February 22, 2010 (“Effective Date”) and ending on December 31, 2020 (“Term). The State shall have no obligation for goods or services provided by the Contractor prior to the Effective Date.
3. Contract Section C.1 is deleted in its entirety and replaced with the following:
C.1. Maximum Liability. In no event shall the maximum liability of the State under this Contract
exceed one million, three hundred thirty-two thousand, ten dollars, and thirty-six cents ($1,332,010.36) (“Maximum Liability”). This Contract does not grant the Contractor any exclusive rights. The State does not guarantee that it will buy any minimum quantity of goods or services under this Contract. Subject to the terms and conditions of this Contract, the Contractor will only be paid for goods or services provided under this Contract after a purchase order is issued to Contractor by the State or as otherwise specified by this Contract.
4. Contract Section C.3 is deleted in its entirety and replaced with the following:
C.3. Payment Methodology. The Contractor shall be compensated based on the payment methodology for goods or services authorized by the State in a total amount not to exceed the Contract Maximum Liability set forth in Section C.1. a. The Contractor’s compensation shall be contingent upon the satisfactory provision of
goods or services as set forth in Section A. Milestone payments will be agreed before work is commenced.
b. The Contractor shall be compensated based upon the following payment methodology:
Rehabilitation Services System 2 Software and Support Services
11-20-13 AMEND-K RFS #34570-03410
(1) For services performed from July 1, 2018 to December 31, 2020, the following
Operations and Maintenance Support * $37,823.83 per month $17,656.08 per month $23,835.75 per month
Supplemental Support Services $180.00 per hour $180.00 per hour $180.00 per hour
Data Audit Reporting (DARE) $20,000.00 per year $20,000.00 per year $20,000.00 per year
Federal Reporting Services RSA 2:
RSA 911 and RSA 113
$15,000.00 per year
$30,000.00 per year
$30,000.00 per year
$60,000.00 per year
$30,000.00 per year
$60,000.00 per year
* Operations and Maintenance Support includes: (a) critical break fix; (b) technology enhancements (not driven by TDHS technology changes; and (c) changes required per federal (Rehabilitation Services Administration) law or rules
5. Contract Section E.2 is deleted in its entirety and replaced with the following:
E.2. Communications and Contacts. All instructions, notices, consents, demands, or other
communications required or contemplated by this Contract shall be in writing and shall be made by certified, first class mail, return receipt requested and postage prepaid, by overnight courier service with an asset tracking system, or by email or facsimile transmission with recipient confirmation. All communications, regardless of method of transmission, shall be addressed to the respective Party at the appropriate mailing address, facsimile number, or email address as stated below or any other address provided in writing by a Party. The State: Wayne Glaus, Chief Information Officer
Tennessee Department of Human Services Citizens Plaza Building, 4th floor 400 Deaderick Street Nashville, TN 37243-1403 [email protected] Telephone # (615) 770-3891
The Contractor: Stephanie Hobson, Chief Executive Officer and President Libera, Inc. 1509 Buffalo Street Ext. Jamestown, NY 14701
All instructions, notices, consents, demands, or other communications shall be considered effective upon receipt or recipient confirmation as may be required.
Rehabilitation Services System 3 Software and Support Services
6. The following is added as Contract Section D.21:
D.21. Iran Divestment Act. The requirements of Tenn. Code Ann. § 12-12-101 et.seq., addressing contracting with persons as defined at T.C.A. §12-12-103(5) that engage in investment activities in Iran, shall be a material provision of this Grant Contract. The Grantee certifies, under penalty of perjury, that to the best of its knowledge and belief that it is not on the list created pursuant to Tenn. Code Ann. § 12-12-106.
Required Approvals. The State is not bound by this Amendment until it is signed by the contract parties and approved by appropriate officials in accordance with applicable Tennessee laws and regulations (depending upon the specifics of this contract, said officials may include, but are not limited to, the Commissioner of Finance and Administration, the Commissioner of Human Resources, and the Comptroller of the Treasury). Amendment Effective Date. The revisions set forth herein shall be effective July 1, 2018. All other terms and conditions of this Contract not expressly amended herein shall remain in full force and effect. IN WITNESS WHEREOF,
LIBERA, INC.:
MATT STANTON, SENIOR VICE PRESIDENT, CLIENT RELATIONS DATE
TENNESSEE DEPARTMENT OF HUMAN SERVICES:
DANIELLE BARNES, COMMISSIONER DATE
Rehabilitation Services System 4 Software and Support Services
