Population Health Management Analytics and Financial Reporting Solution

Request for Proposal

7215 Westshire Drive Lansing, Michigan 48917-9764

www.mpca.net

8/5/2016

Table of Contents 1. Introduction ............................................................................................................................. 1

1.1 Michigan Quality Improvement Network (Health Controlled Center Network (HCCN) ....... 1

1.2 Michigan Community Health Network (MCHN) ................................................................. 1

2. General Information ................................................................................................................ 2

3. Project Scope ......................................................................................................................... 2

3.1 Schedule of Events ........................................................................................................... 3

4. Proposal Content Requirements .............................................................................................. 3

4.1 Cover Page ...................................................................................................................... 3

4.2 Executive Summary .......................................................................................................... 3

4.3 Provision of Company Information .................................................................................... 3

4.4 Provision of Solution and Service Information ................................................................... 4

4.5 References ....................................................................................................................... 9

4.6 Copy of a Contract Template ............................................................................................ 9

4.7 Project Roadmap and Plan ............................................................................................... 9

5. Proposal Format Requirements .............................................................................................. 9

6. Evaluation and Selection Procedures .................................................................................... 10

6.1 Proposal Evaluation ........................................................................................................ 10

7. Provisions ............................................................................................................................. 10

7.1 Disclaimer ...................................................................................................................... 11

7.2 Communication, Questions and Request for Clarification ............................................... 11

7.3 Proposal Review and Evaluation .................................................................................... 11

7.4 No Commitment to Contract ........................................................................................... 11

7.5 Confidentiality ................................................................................................................. 11

7.6 Release of Claims .......................................................................................................... 12

7.7 Presentations ................................................................................................................. 12

7.8 Negotiations ................................................................................................................... 12

7.9 No Contract Rights until Execution ................................................................................. 12

7.10 No Minimum Guaranteed ................................................................................................ 12

7.11 Cost of Preparing the Proposals ..................................................................................... 12

7.12 Reference Checks .......................................................................................................... 12

7.13 Information from Other Sources ...................................................................................... 13

7.14 Copyright Permission ..................................................................................................... 13

7.15 Employees and Officers not to Benefit ............................................................................ 13

7.16 Cone of Silence .............................................................................................................. 13

7.17 Gratuities ........................................................................................................................ 13

Acronym Definition

ACO Accountable Care Organization

ACG Adjusted Clinical Groups

ACRS Active Care Relationship Service

ADT Admission Discharge and Transfer

ANOVA Analysis of Variance

CCC Chronic Comorbidity Count

CCD Continuity of Care Document

CHC Community Health Center

CIN Clinically Integrated Network

EHR Electronic Health Record

ERA Elder Risk Assessment

FTE Full Time Employee

HCC Hierarchical Condition Categories

HCCN Health Center Controlled Network

H-CUP Healthcare Cost and Utilization Project

HEDIS Healthcare Effectiveness Data and Information Set

HIPAA Health Insurance Portability and Accountability Act

ICD International Classification of Disease

MCHN Michigan Community Health Network

MCO Managed Care Organization

MN Minnesota Tiering

MPCA Michigan Primary Care Association

MQIN Michigan Quality Improvement Network

MU Meaningful Use

ONC Office of the National Coordinator for Health Information Technology

PCA Primary Care Association

PCMH Patient Centered Medical Home

PHI Private Health Information

PHM Population Health Management

PQRS Physician Quality Reporting System

RFP Request for Proposal

SDOH Social Determinants of Health

SOGI Sexual Orientation Gender Identity

UDS Uniform Data System

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1. Introduction Michigan Primary Care Association (MPCA), a non-profit 501(c)3 organization, got its beginnings in 1978 as the Michigan Association of Rural Health Care (MARHC), a network organization of Health Centers and stakeholders interested in fostering primary care in rural and underserved communities across the state. With the realization that urban communities also had great health care needs, the association broadened its scope to include urban Michigan communities as well. To better reflect this broadened scope, MARHC changed its name to MPCA, which incorporated in 1981. Today, MPCA’s mission to promote, support, and develop comprehensive, accessible, and affordable quality community-based primary care services to everyone in Michigan has led to a membership of 39 Health Center organizations providing primary and preventative health care for more than 615,000 Michigan residents at over 250 sites in both rural and urban communities. Key to the ongoing success of MPCA’s mission is the need to foster innovation, improve patient experience, identify and manage risks, and assure appropriate service throughout the continuum-of-care. To this end, MPCA seeks to review and evaluate vendor proposals in alignment with the request for proposal (RFP) for a population health management (PHM) analytic and reporting solution (here after referred to as “solution”) on behalf of its members. There are two major driving initiatives that are elevating the need and opportunities to advance the Michigan Health Centers optimization of health information technology while leveraging resources and the influence of a synergistic network.

1.1 Michigan Quality Improvement Network (MQIN) - Michigan’s Health Center

Controlled Network (HCCN)

There are thirty-seven Michigan Health Centers that are members of MQIN. HRSA’s Health Center Controlled Networks (HCCN) are networks controlled and acting on behalf of health centers as defined and funded under Section 330(e)(1)(C) of the Public Health Service Act. The purpose is to enhancement of health center operations, including health information technology. The mission of the HCCN is to improve operational effectiveness and clinical quality in Health Centers through the provision of management, financial, technology, and clinical support services. HCCN initiatives are typically focused in functional areas requiring high-cost and/or specialized personnel, procurement of large infrastructure systems, or in functional areas where operational mass drives economies of scale.

1.2 Michigan Community Health Network (MCHN)

Michigan Community Health Network (MCHN) is a limited liability company (LLC) comprised of 33 member organizations that was formed in 2015. MCHN members serve over half a million patients annually, provide nearly 2 million patient care visits each year and employ 3,800 full time equivalent healthcare team members. MCHN is organized as an independent practice association (IPA), which is characterized by the fact that its members (32 Community Health Centers and the

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Michigan Primary Care Association) own and operate the company using structures set forth in an operating agreement.

MCHN is in the process of developing itself as an independent clinically integrated network to improve quality and efficiency amongst its member organizations and pursue innovative reimbursement arrangements with managed care organizations and other healthcare payers. Fully developing MCHN as a clinically integrated network will include creating participation standards for members, utilizing shared performance measures, pursuing collaborative performance improvement, ensuring consistent clinical leadership and practices across providers, deploying shared infrastructure for performance monitoring and more.

2. General Information The following pages provide instructions for the preparation of a proposal that will enable vendors to address the technical, financial and legal requirements of this proposal. This document is not an offer to contract. Only the execution of a separate written contract will obligate MPCA and its members in accordance with the terms and conditions contained in such a contract. A memo stating Intent to Participate should be sent to RFP-Responses@mpca.net and is to include contact information. The Intent to Participate filing is not required though it assures the receipt of any published updates on the process and application requirements from MPCA. All questions, comments or concerns pertaining to this RFP and subsequent process may be directed to Rob Pazdan, Director of Information Systems, and Lynda Meade, Director of Clinical Services, at RFP-Responses@mpca.net. Questions deemed relevant to other vendors will be answered and forwarded to all RFP recipients. Such transparency is compulsory to ensure respondents are afforded the same information, and an equitable opportunity to modify proposals and/or demonstrations accordingly.

3. Project Scope MPCA and its members are seeking to implement a PHM analytics and financial reporting solution which will serve the Michigan community in the near-term and for future care and improvement of our community’s health and well-being. While we expect that not every solution will be able to fulfill all criteria, the ideal PHM analytics and financial reporting solution domains supported should include:

Evidence-based population health management

Population identification

Population health stratification and risk management

Outcome measurements and quality metrics

Financial analytic ability

Clinical analytic ability

Clinical and financial integrated analysis

Augmentation of services and coordination throughout the continuum of care

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3.1 Schedule of Events - Tentative

Release RFP – 08/05/2016

Notice of Intent to Participate due by 08/19/2016 – 11:59 PM ET

Proposals due – 08/25/2016 - 11:59 PM ET

Demonstration dates – 09/27/2016-09/28/2016

Final Decision – 09/30/2016

4. Proposal Content Requirements In order for MPCA and its members to evaluate proposals fairly and completely, proposals must follow the format set out in this RFP and provide all information requested. The proposal must be submitted electronically to RFP-Responses@mpca.net. The proposal requirements have seven distinct sections:

o Cover page o Executive summary o Provision of company information

Company description

RFP contact person

Project team narrative o Provision of solution and services information

Review of the solution’s system

Review of the solution’s functionality and service

Estimated costs

Contractual requirements and obligations o References o Copy of a contract template o Project roadmap

The answers provided within the RFP response must follow the order within the published RFP. In your response, do not reorder the RFP questions. Additionally, the inability to supply corporate documentation acceptable to MPCA in the sequential order requested may result in rejection of the response by the RFP committee.

4.1 Cover Page

4.2 Executive Summary

High-level synopsis of the vendor’s response to the RFP. The Executive Summary should be a brief overview of the development, implementation and maintenance of the solution, and should identify the main features and benefits of it.

4.3 Provision of Company Information

Company Description

Please provide the following information:

Legal name of company including any existing d/b/a’s

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Year the company was founded

Year the company began offering PHM analytic and financial reporting solution and services

Describe how the vendor is diversified in financial risk (e.g.: customers are not only FQHCs, but composed of other health sector providers, etc.)

Describe customers, similar to MPCA/MQIN/MCHN, who have deployed the PHM analytic and financial reporting solution and capitalized on its benefits

Describe customers such as ACOs, CINs, and MCOs, who have deployed the PHM analytic and financial reporting solution and capitalized on its benefits

Describe how vendors on the excluded list on System for Award Management, such as SAM, are excluded from performing sub-contract work by the vendor

Describe any applicable insurance coverage the vendor has in place (e.g.: PHI, liability, personnel, etc.)

RFP Contact Person

Please provide the following information:

Name and title

Email and phone

Project Team Narrative

Please provide a description of the project team and a personnel roster that identifies each person who will actually work on the project. Include an organizational chart in response.

4.4 Provision of Solution and Service Information

High-Level Review

Please provide the following information:

Describe the solution’s key differentiating factor from other competitors

Describe what is considered a “standard build” and what is considered a “custom build”

List of solution certifications (ONC, etc.)

Other information on the solution that is applicable

System Review

Please provide the following information:

Describe the ability to manage role-specific permissions to access data and various job responsibilities

Describe the ability to segregate data based on organization and/or sites

Describe the ability to audit user access and changes to systems

Describe any break-glass functionalities, if applicable

Describe the technology architectural framework (e.g.: vendor-hosted model, in-house model, or a combination of both)

Describe the technological infrastructure required at the health center and MPCA level (e.g.: hardware, software, network, etc.)

Describe the security procedure (e.g.: concerning data centers, networks/infrastructures, applications, databases, etc.)

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Describe the audit standards and process for any vendor-hosted components

Describe the encryption and protection tools for data at rest and in transit

Describe the overall failover and redundancy capabilities and approach

Describe the disaster recovery policies and procedures

Describe the password policies (e.g.: strength, generation, storage, frequency of change, etc.)

Describe the data retention, tracking, and privacy policies and procedures

Describe the capabilities for communicating with patients or other providers via secure HIPAA-compliant inbound/outbound communication

Describe the interoperability standard versioning and maintenance

Describe a list of all EHRs that are currently utilizing the solution for population health and financial analytics

Functionality and Services

Please provide the following information: Implementation

Provide an overview of the readiness and implementation process and strategy (e.g.: average length of time to implement, high-level implementation plan, vendor and client time commitment, etc.)

Describe the process and terms for validating the solution after implementation (e.g.: functionality, data, interfaces, etc.)

Describe any implementation training provided as a part of the implementation process

Describe any consultative services provided as part of the implementation process

Describe any issues or limitations that may arise from using CCDA as the major data source (via interface or attachment to Direct message) instead of a direct interface to the EHR

Describe any data or process mapping that is created during the implementation

Describe the options by which the solution can be scaled

Specify the number of concurrent implementations that can be supported

Describe the staff required (FTE, skill set, etc.) required to support the solution implementation at both the network and health center level

Data

Describe the process for removing or merging duplicates, demographic cleanup, identifying dropouts, and maintaining source identifiers in a traceable history (e.g.: log file, exception reports, etc.)

Describe the ability to make bi-directional interfaces with data sources that have been currently implemented – include description of current services including list of clients utilizing this function

Describe the ability to generate and ingest data from Direct Secure Messaging

Describe the clinical data sources (e.g.: EHR, UDS, CCD, etc.), types (e.g.: SDOH, demographic, clinical, SOGI, etc.), and structure that can be processed – include description of current services including list of clients utilizing this function

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Describe the financial data sources, types, and structure that can be processed (e.g.: claims, payer data, general ledger, etc.) – include description of current services including list of clients utilizing this function

Describe the ability to integrate new data source post implementation – include description of current services including list of clients utilizing this function

Describe the types of HIE data that can be integrated (e.g.: ADT, ACRS, etc.), or specify any limitations

Describe the ability and process to integrate additional/periodic data sources at the network level without vendor interaction

Describe the data retention policy

Describe the data ownership policy

Analytics

List all applicable standard reports included in the solution (e.g.: HEDIS, PQRS, PCMH, MU, UDS, Healthy People 2020, SDOH reports, etc.)

Describe the ability and process to create custom, ad-hoc reports or analysis

Describe the ability to interrogate a statewide directory using REST based APIs

Describe the ability to refine existing or custom reports by limiting data sources, criteria, user roles, and organization (e.g.: commercial, Medicare, and Medicaid claims; commercial, Medicare, and Medicaid health plan eligibility; care team, admin, physician, and analyst; clinic one, clinic two, etc.)

Describe the ability to drill down to patient level information from a report at both the network and health center level

Describe the ability to perform medication reconciliation and adherence analysis

Describe the ability to analyze live stream data (e.g.: HIE data, ADT, etc.) and batch data (e.g.: payer claims data) – expand on both

Describe the availability and ability to stratify population health based on standard logic (e.g.: HCCs, ACG, ERA, CCC, MN Tiering, Charlson Comorbidity measure, ad-hoc, etc.)

Describe the availability and ability to categorize diagnoses into standard meaningful groups (e.g.: H-CUP’s Clinical Classification software, ad-hoc, etc.)

Describe the availability and ability to categorize health care services into standard meaningful groups (e.g.: CMS’s Bereson Egger Type of Services, ad-hoc, etc.)

Describe the availability and ability to categorize providers into meaningful groups (e.g.: Medicare provider/supplier to health care provider taxonomy, etc.)

Describe the ability to identify chronic conditions (diagnosed and undiagnosed)

Describe the availability and ability to perform statistical analysis within the solution (e.g.: ANOVA testing, multiple regression, statistical modeling, Pearson correlation, statistical outlier, etc.)

Describe the ability to visualize data

Describe the ability to support pay-for-performance initiatives to include performance against baseline targets for designated measures

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Care Management

Describe how patient data is presented for pre-visit preparation and huddle reports to aid care management to different clinical roles (e.g.: immunizations, labs, radiology, PACS, images, care alerts, etc.)

Describe additional functions that add value to care management and coordination (e.g.: referral management, clinical pathways, workflow, identify gap-in-care, etc.)

Describe how patient data is presented at the point of care to aid care management to different clinical roles (e.g.: immunizations, labs, rad, PACS, images, care alerts, etc.)

Describe the ability to track patient centered goals and milestones

Describe the ability to manage referrals (e.g.: status, etc.) and to perform analysis on the referral data

Describe the ability to perform outreach to increase engagement and participation (e.g.: email, text, appointment reminders, patient portal, etc.)

Describe the ability to assign patients to physicians as primary care providers. Please include basis of the model (e.g.: visit, claims, eligibility files, EHR tables, other customizable rules and how they can be changed)

Describe how disparate source systems are used to prepare reports outlining visits, identify care gaps, and structure a care management workflow based on known factors

Describe the process for removing or merging duplicates, demographic cleanup, identifying dropouts, and maintaining source identifiers in a traceable history (e.g.: log file, exception reports, etc.)

Describe any appointment scheduling capabilities

Describe the ability to create and incorporate outside registries – specify the number of levels and options available

Describe the ability to view health information in more than one language

Describe options for integration with EHRs – include the ability to single sign on

Maintenance

Describe enhancements that have been added to the solution that did not exist a year ago

Describe enhancements that have been added to the solution that did not exist two years ago

Describe the process and terms for validating any changes that occur to the solution during maintenance (e.g.: function, data, interfaces, etc.)

Describe the process for releasing enhancements (regular or ad-hoc)

Describe how client’s feedback is incorporated into new enhancements (general and niche specific)

Describe how customizations are slotted into release schedules

Describe how evolving needs may be met through custom development

Describe how ICD-9 historical data is handled and any global processes for handling historical data

Describe the internal process for keeping reporting standards current over time

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Describe any data or process mapping that is maintained and/or updated

Describe any maintenance/ongoing trainings provided as a part of the maintenance process

Describe any consultative services provided as part of the maintenance process

Describe how the maintenance cycle update will comply with or align with national standards (e.g.: ICD-10, MU, etc.)

Describe the ongoing data governance approach (e.g.: business rule management engine, data profiling, data mapping, data integrity, etc.)

Describe the staff required (FTE, skill set, etc.) required to support the solution maintenance – at both the network and health center level

Knowledge Services

Describe any peer-to-peer (client-to-client) knowledge sharing or training opportunities that exists

Describe any ongoing services and consultation offered to networks (HCCNs, CINs, etc.) to bring all members to a similar level of functionality and connectivity

Estimates of Costs

The vendor estimation of costs should be done from the “Total Cost of Ownership” perspective, using the provided Pricing Matrix Spreadsheet (cost matrix tab). The thoroughness of disclosure for estimated cost is a key consideration of the proposal review RFP committee. This shall include, but is not limited to the following:

Pricing Matrix.xlsx

UPFRONT COST

Purchase price of the solution, to include additional costs for licensing and/or recommended hardware as required

o Costs for licensing should identify how costs are determined (e.g.: licensed per installation, concurrent connections, EHRs, lives covered, etc.)

Cost for data translation to migrate necessary information from standardized formats

Cost of installing interfaces for solution optimization

Hourly basis for solution customization

Any additional implementation cost information not previously identified (please specify)

Any additional value-add services or products that may be relevant or beneficial to FQHCs and their associated pricing (outside the scope of this RFP)

ANNUAL MAINTENANCE COST

Cost of annual support/maintenance/licensing and ongoing training

Any additional annual support/maintenance cost information not previously identified (please specify)

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Any additional value-add services or products that may be relevant or beneficial to FQHCs and their associated pricing (outside the scope of this RFP)

Contractual Requirements and Obligations Describe the ownership of data after services expire or are terminated

Describe the process by which data is released after services expire or are terminated

Describe any cost obligated by the client related to service expiration or termination

Describe any cost obligated by the client to obtain data after service expiration or termination

4.5 References

Provide contact information, including name, email address and telephone number you have for the references of at least three companies for which the vendor has provided comparable services. If you have done business with other integrated networks, PCAs, CHCs or HCCNs, include them in your references. Part of the evaluation will include reference checks to existing clients.

4.6 Copy of a Contract Template

Provide a copy of the current contract template and indicate areas of negotiation

4.7 Project Roadmap and Plan

A graphical high-level overview of the project’s goal and deliverables presented on a timeline. Include details on how data and processes will be mapped, the solution will be implemented, and maintained for the large number of Health Centers.

5. Proposal Format Requirements The proposal must be submitted in the following format and be a maximum of 50 pages with attachments:

Cover page – refer to 4.1

Executive summary

Company information – refer to 4.3 o Company description o RFP contact person o Project team narrative

Solution and service information – refer to 4.4 o High-level review o System review o Functionality and services o Estimates of costs o Contractual requirements and obligations

References – refer to 4.5

Copy of a contract template

Project roadmap and plan – refer to 4.7

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Other materials and attachments The answers provided within the RFP response must follow the order within the published RFP. In your response, do not reorder the RFP questions. Inability to supply corporate documentation acceptable to MPCA in the sequential order requested may result in rejection of the response by the RFP committee.

6. Evaluation and Selection Procedures MPCA and its members have established a committee to review the proposals. Screening and selection will occur in stages as described in the schedule. The screening of proposals is to identify the vendors meeting minimum standards and those most capable of meeting the unique needs of the members as demonstrated in the proposal. Selection of the top vendors will be made based on:

Completion of all required responses

Proposal evaluation

Ability of the solution to meet the requirements

Vendor’s stability, experience, capabilities, diversified risk, and references

Overall estimates of cost and the reasonableness of the implementation timeline

Selected vendors will be afforded an opportunity to demonstrate the capabilities of their solution as necessary. Subsequent questions and demonstrations will be scheduled as needed. MPCA reserves the right to reject any and all proposals; waive formalities, technical requirements and/or deficiencies and irregularities; or solicit new proposals, if such actions are deemed reasonable and in the best interest of the MPCA.

6.1 Proposal Evaluation The RFP committee will review the responses, according to the schedule outlined in section 3.1, with respect to completeness, accuracy, and content. The committee will then evaluate the score and rank the responses based on the following domains:

Company and Product Overview 10%

Functionality 35%

Services 35%

Pricing and terms 20%

Total 100% Upon completing the evaluation process, the scores for each vendor will be tabulated and ranked accordingly.

7. Provisions

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7.1 Disclaimer

To guarantee receipt of the best and most complete RFP response possible, MPCA and its members reserve the right to change the schedule of events at any given time, without prior notice. However, adequate time will be provided to make any necessary changes. All response material must be received by the date specified on the schedule of events. MPCA and its members reserve the right to amend the RFP at any time using an addendum. If MPCA and its members issue an addendum after the due date for receipt of a proposal, MPCA and its members will allow vendors to amend their proposals in response to the addendum with a new due date specified. Responses to this RFP will be reviewed completely. A demonstration of the proposed solution and/or service may be requested of respondents in addition to the RFP response, as part of the qualifying process.

7.2 Communication, Questions and Request for Clarification

From the issue date of this RFP until a notice of intent to award the contract is issued, all communication (e.g.: questions, request for clarification, etc.) must be submitted via the email address specified in section 2. Oral questions will not be accepted. If the questions or requests for clarifications pertain to a specific section of the RFP, please reference the page and section number(s). The written responses by MPCA will be in the form of a Frequently Asked Questions (FAQs) document. MPCA and its members assume no responsibility for, and vendors may not rely on, oral representations made by officers, employees, or agents of MPCA, unless such representations are confirmed in writing and incorporated into the RFP through an addendum.

7.3 Proposal Review and Evaluation

Information contained in the proposal will only be shared with the RFP committee and appropriate MPCA staff, designees, and members. MPCA and its members reserve the right to contact any vendor after the submission of proposals for the purpose of clarifying a proposal. Proposals that are submitted timely and are not rejected will be viewed in accordance with the guidance stated in this RFP. MPCA and its members will award the contract(s) to the responsible vendor whose responsive proposal provides the best merit, functionality, and value.

7.4 No Commitment to Contract

MPCA and its members reserve the right, without limit, to accept or reject any or all response(s) to the RFP, even if all of the stated requirements are met. MPCA and its members further reserve the right to award the project, or components of the project, to vendors based only on their discretionary decision.

7.5 Confidentiality

No portion of a potential proposal will be divulged to any other potential consultant or vendor, except as required by law.

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7.6 Release of Claims

By submitting a proposal, the vendor agrees that it will not bring any claim or cause of action against MPCA and its members, agents, employees, or officers based on any information or misunderstanding concerning the information provided in the RFP, or concerning any failure, negligent or otherwise, to provide the vendor with any pertinent information in this RFP, in any addendum to this RFP, or in any written response by MPCA pursuant to Section 7.2. By submitting a proposal, the vendor thereby releases MPCA and its members, agents, employees, or officers from any liability arising from any such claim or cause of action.

7.7 Presentations

At the sole discretion of MPCA and its members, vendors may be required to make a presentation of the proposal and product demonstration. The presentation may occur at the MPCA office, via webinar, or other locations as specified. MPCA and its members require the vendor’s project manager and contract administrator involved in providing the goods and services contemplated by this RFP to be present at the presentation, whether in-person or via a webinar. If the presentation is via webinar the vendor may send a representative to the MPCA office in person. MPCA members, MCHN, HCCN and their respective members may participate in the demonstration review process. The determination as to the need for presentations, and the location, order, and schedule of the presentation is at the sole discretion of MPCA and its members. The presentation may include slides, graphics and other media selected to illustrate the vendor’s proposal. The presentation shall not materially change the information contained in the proposal. Presentations will be limited to a maximum of three hours in total per vendor.

7.8 Negotiations

MPCA and its members may enter into negotiations with more than one vendor simultaneously and award the contract, or part of the contract, to any vendor in negotiations without prior notification to any other vendor negotiating with MPCA. Vendors unwilling to consider a good-faith joint negotiation should not respond to this RFP.

7.9 No Contract Rights until Execution

No vendor shall acquire any legal or equitable rights regarding the contract unless and until a written contract has been fully executed by the successful vendor and MPCA and its members.

7.10 No Minimum Guaranteed

MPCA and its members do not guarantee any minimum level of purchase under the contract.

7.11 Cost of Preparing the Proposals

MPCA and its members are not responsible for any costs incurred by a vendor that are related to the preparation or delivery of the response or any other activities of a respondent related to this RFP.

7.12 Reference Checks

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MPCA and its members reserve the right to contact any reference of a vendor to assist in the evaluation of the vendor’s proposal, to verify information contained in the vendor’s proposal and to discuss the vendor’s qualifications and the qualifications of any subcontractor identified in the proposal.

7.13 Information from Other Sources

MPCA and its members reserve the right to obtain and consider information from other sources concerning a vendor, such as the vendor’s capability and performance under other contracts, the qualifications of any subcontractor identified in the proposal, financial stability, past or pending litigation, and any other information (including any information available to the public).

7.14 Copyright Permission

By submitting a proposal, the vendor agrees that MPCA and its members may copy the proposal for purposes of facilitating the evaluation. By submitting a proposal, the vendor consents to such copying and warrants that such copying will not violate the rights of any third party. MPCA and its members shall have the right to use ideas, and adaptions of ideas that are presented in the proposals.

7.15 Employees and Officers not to Benefit

No MPCA and its member, agents, employees or officers shall have any significant ownership interest, monetary interest, share, or be a party to any contract with a vendor. MPCA and its members, agents, employees or officers shall not personally benefit monetarily or otherwise as a result of the execution of any contract related to this RFP.

7.16 Cone of Silence

This project is under a “Cone of Silence” starting with the issue date of this RFP through RFP award. Any RFP related discussions with MPCA and its member representatives other than the contact specifically listed in section 2.0 is prohibited. Any violation of this provision may result in the associated vendor being removed from consideration at MPCA and its members’ sole discretion.

7.17 Gratuities

MPCA and its members may by written notice to the vendor, terminate the right of the vendor to proceed under this agreement if it is found after notice and hearing that gratuities in the form of entertainment, gifts, monies, or ownership were offered or given by the vendor, or any agent or representative of the vendor, either directly or indirectly, to any officer or employee of MPCA and its members, with a view toward securing a contract or securing favorable treatment with respect to the awarding, or amending, or the making of any determination with respect to the performance of such contact.