The New York State Workers' Compensation Board (WCB or Board), in conjunction with the New York State Information Technology Services (ITS) (WCB and ITS will be referred to collectively, herein, as "the State" or "NYS"), is issuing this Request for Proposal (RFP) to seek proposals from responsive and responsible vendors for the design of a custom developed, cloud hosted solution for the modernization and conversion of the WCB's multiple legacy paper-based system to a single state-of-the-art, web-based technology. Additionally, the selected vendor will provide professional services such as training and change management and develop and implement specific systems as outlined in the RFP. The selected vendor will provide the services and resources outlined in this RFP using industry best practices. Several exhibits are included as part of this RFP to provide an understanding of the workers' compensation system, existing ITS architectural framework as well as background material on the WCB's Business Process Re-engineering Program.
On December 19, 2017, the Board issued "RFP C140369 WCB Systems Modernization". The Board elected not to award a contract under the procurement, and instead, reviewed and revised the RFP requirements to encourage vendors to leverage emerging technologies which would increase flexibility and improve the delivery of the Board's system requirements. The Board's goal is to encourage and maximize the number of proposals received from the vendor community in response to the RFP, to enable the Board to procure a state of the art system to meet our business and technology requirements while also providing the best value to the state. With those goals in mind, the Board reviewed vendor feedback it received during the RFP process and that information, coupled with internal stakeholder input from the technology and business areas, framed our approach and informed this amended RFP document, "RFP C140369A, WCB Systems Modernization". Highlights of the changes include, but are not limited to:
- IAIABC Medical EDI Requirements
- Removed requirements
- IAIABC Claims EDI 3.1
- Revised business requirement (ECLAIMS21) to require flat file data transfer as currently used by the WCB for IAIABC Claims EDI (eClaims).
- Data Warehouse Requirements
- Revised requirements to integrate the existing data warehouse into the system.
- Revised Vendor Staffing Model
- Flexibility added to allow for offsite work on the project, where defined
- Design and Application Architecture
- Technology requirements were revised. Specifically, "on-prem" requirements were relaxed, and requirements were added for portability, containerization, DevOps, and Macro, Mini, and Micro Services.
- Contract Language
- Removal of requirement for performance bond/letter of credit
- Supportive of Agile/Iterative Development Methodology -
- Flexibility added in payment milestones during the build and implementation phases
Pursuant to State Finance Law §§139-j and 139-k, added pursuant to §§13 and 14, respectively, of Chapter 1 of the Laws of 2005, effective January 1, 2006, this RFP includes notification of the statutory restrictions on communications between the Board and the bidder during the procurement process. A vendor is prohibited from making impermissible contacts during the "restricted period," which extends from the posting of this solicitation in the NYS Contract Reporter through the final award and approval of the procurement contract by the Board and, when applicable, approval by OSC and the Attorney General. Impermissible contacts are those communications which a reasonable person would infer are intended to influence the governmental procurement. The vendor is referred to State Finance Law §139-j(3) for a description of those contacts which are permissible during the restricted period. As provided by statute, regulation and/or policy, Board employees will obtain certain information when contacted during the restricted period and make entries in the procurement record with respect to all contacts and other information related to the governmental procurement.
Pursuant to State Finance Law §139-j (2)(a), the Board has designated a person or persons who may be contacted by vendors relative to this procurement. See Cover Page of this RFP.
As part of any proposal submitted in response to this RFP, the vendor shall affirm in writing that the vendor understands and agrees to comply with the statutes [State Finance Law §§139-j (3) and 139-k (6)(b)] and the Board's procedures relating to permissible contacts during the procurement process. The vendor shall also disclose any prior findings of non-responsibility. The affirmation and disclosure forms, along with the vendor's certification form, are included as part of Attachment 8. Any member, officer or employee of the Board who becomes aware that a vendor has violated the provisions of State Finance Law §139-j (3) with regard to permissible contacts during the procurement process, shall immediately refer the matter to the Board's General Counsel, who shall cause an investigation to be made. If there exists sufficient cause to believe that a violation has occurred, the vendor shall be given notice of the alleged violation and any ongoing investigation and an opportunity to be heard in response to the allegation prior to the imposition of sanctions set forth in State Finance Law §139-j (10)(b).
State Finance Law §139-j (7) requires that the Board make a determination of responsibility of the proposed contractor. It is incumbent upon the vendor to disclose any prior determination of non-responsibility made within the previous four years by any governmental entity where such prior finding of non-responsibility was due to a violation of State Finance Law §139-j or the intentional provision of false or incomplete information to a governmental entity. See State Finance Law §139-k (2) and (3). A disclosure form is included as part of Attachment 8 for that purpose. Failure to disclose prior findings of non-responsibility or to timely provide accurate and complete information shall be considered by the Board in its determination of the responsibility of the vendor.
In the event it is found that the vendor knowingly and willfully violated State Finance Law §§139-j (3) and 139-k (2), there will be a determination of non-responsibility. A finding of non-responsibility will result in no contract award to the vendor unless the award to the vendor is necessary to protect public property, health or safety and the vendor is the only source who can provide the commodity, etc., within the necessary time frame. Determinations of non-responsibility are reported to the Office of General Services. A prior determination of non-responsibility within the preceding four-year period will result in the ineligibility of the vendor to submit proposals or be awarded a contract for four years from the date of the most recent determination of non-responsibility.
Please see the links below for the RFP, attachments, appendices, and exhibits. If you have any questions, please email WCBContracts@wcb.ny.gov for assistance or call (518) 402-6190 weekdays between 8 a.m. and 4 p.m.
Appendices [zip file]
Attachments [zip file]
Amended Attachments [zip file]
Exhibits [zip file]
Amended Exhibits [zip file]