County of Orange
Bid 017-C003170-AS
5
Solicitation 017-C003170-AS
Avepoint Docave Online and Docave Governance Automation Software
designation: Public
County of Orange
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County of Orange
Bid 017-C003170-AS
5
017-C003170-AS Avepoint Docave Online and Docave Governance Automation Software Number
017-C003170-AS
Title
Avepoint Docave Online and Docave Governance Automation Software
Start Date
Jun 19, 2015 4:25:46 PM PDT
End Date
Jun 24, 2015 4:00:00 PM PDT
Question & Answer End Date
Jun 22, 2015 4:00:00 PM PDT
Contact
Audrey R Stenerson Procurement Contract Specialist 714-796-8363
[email protected]
Contract Duration
Not Applicable
Contract Renewal
Not Applicable
Prices Good for
30 days
Standard Disclaimer The County of Orange is not responsible for and accepts no liability for any technical difficulties or failures that result from conducting business electronically. Comments
Subscription services for Avepoint Docave online and Docave Governance Automation Software, Year 1, and Software configuration and training (one-time costs). Software contract is for a three (3) year commitment. Software is for administrative management and governance of INTRAOC (SharePoint online) portal. When contacting Avepoint please request all applicable discounts and, reference Avepoint Quote #Q29862 -H4C3. County has negotiated new Terms & Conditions with developer for use of the software. Said Terms & Conditions are attached hereto and incorporated herein by this reference. Contract start date is July 1, 2015.
Addendum # 1 Previous End Date Jul 22, 2015 4:00:00 PM PDT
New End Date Jun 24, 2015 4:00:00 PM PDT
Item Response Form
Item
017-C003170-AS--01-01 - TOTAL FIRST YEAR COSTS: DOCAVE ONLINE FOR OFFICE 365 (PRICE SHOWN REFLECTS VENDOR DISCOUNT)
Lot Description
TOTAL FIRST YEAR COSTS
Quantity
10000 each
Unit Price Delivery Location County of Orange No Location Specified Qty 10000 Description DOCAVE ONLINE FOR OFFICE 365 (Price shown reflectS vendor discount)
6/19/2015 5:29 PM
Item
017-C003170-AS--01-02 - TOTAL FIRST YEAR COSTS: DOCAVE GOVERNANCE AUTOMATION ONLINE (PRICE SHOWN REFELCTS VENDOR DISCOUNT)
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Description DOCAVE ONLINE FOR OFFICE 365 (Price shown reflectS vendor discount) County of Orange
Bid 017-C003170-AS
Item
017-C003170-AS--01-02 - TOTAL FIRST YEAR COSTS: DOCAVE GOVERNANCE AUTOMATION ONLINE (PRICE SHOWN REFELCTS VENDOR DISCOUNT)
Lot Description
TOTAL FIRST YEAR COSTS
Quantity
10000 each
Unit Price Delivery Location County of Orange No Location Specified Qty 10000 Description DOCAVE GOVERNANCE AUTOMATION ONLINE (PRICE SHOWN REFELCTS VENDOR DISCOUNT)
Item
017-C003170-AS--01-03 - TOTAL FIRST YEAR COSTS: GOVERNANCE AUTOMATION AVEPOINT STARTER TRAINING SERVICES (one-time fee)
Lot Description
TOTAL FIRST YEAR COSTS
Quantity
1 each
Unit Price Delivery Location County of Orange No Location Specified Qty 1 Description GOVERNANCE AUTOMATION AVEPOINT STARTER TRAINING SERVICES (one-time fee)
Item
017-C003170-AS--01-04 - TOTAL FIRST YEAR COSTS: DOCAVE ONLINE PROFESSIONAL TRAINING (one-time fee)
Lot Description
TOTAL FIRST YEAR COSTS
Quantity
2 day
Unit Price Delivery Location County of Orange No Location Specified Qty 2 Description DOCAVE ONLINE PROFESSIONAL TRAINING (one-time fee)
Item
017-C003170-AS--01-05 - TOTAL FIRST YEAR COSTS: TOTAL FIRST YEAR COSTS
Lot Description
TOTAL FIRST YEAR COSTS
Quantity
1 lot
Unit Price Delivery Location County of Orange No Location Specified Qty 1 Description TOTAL FIRST YEAR COSTS
Item
017-C003170-AS--01-06 - TOTAL FIRST YEAR COSTS: DocAve Online and Governance Automation Year 2 of 3
Lot Description
TOTAL FIRST YEAR COSTS
6/19/2015 5:29 PM
Quantity
1 lot
p. 3
Item
YEARofCOSTS: Year 2 of 017-C003170-AS--01-06 - TOTAL FIRST County Orange DocAve Online and Governance AutomationBid 017-C003170-AS 3
Lot Description
TOTAL FIRST YEAR COSTS
Quantity
1 lot
Unit Price Delivery Location County of Orange No Location Specified Qty 1 Description DocAve Online and Governance Automation Year 2 of 3
Item
017-C003170-AS--01-07 - TOTAL FIRST YEAR COSTS: DocAve Online and Governance Automation Year 3 of 3
Lot Description
TOTAL FIRST YEAR COSTS
Quantity
1 lot
Unit Price Delivery Location County of Orange No Location Specified Qty 1 Description DocAve Online and Governance Automation Year 3 of 3 6
6/19/2015 5:29 PM
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County of Orange
Bid 017-C003170-AS
5
County of Orange Child Support Enforcement Certification Requirements (blank form)
A.
In the case of an individual Contractor, his/her name, date of birth, Social Security number, and residence address: Name: D.O.B: Social Security No: Residence Address:
B.
In the case of a Contractor doing business in a form other than as an individual, the name, date of birth, Social Security number, and residence address of each individual who owns an interest of ten (10) percent or more in the contracting entity: Name: D.O.B: Social Security No: Residence Address:
Name: D.O.B: Social Security No: Residence Address:
Name: D.O.B: Social Security No: Residence Address:
(Additional sheets may be used if necessary) C.
A certification that the Contractor has fully complied with all applicable federal and state reporting requirements regarding its employees; and
D.
A certification that the Contractor has fully complied with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment and will continue to so comply.
"I certify that is in full compliance with all applicable federal and state reporting requirements regarding its employees and with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignments and will 6/19/2015 5:29 PM continue to be in compliance throughout the term of Contract with the
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County of Orange
Bid 017-C003170-AS
(Additional sheets may be used if necessary) C.
A certification that the Contractor has fully complied with all applicable federal and state reporting requirements regarding its employees; and
D.
A certification that the Contractor has fully complied with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment and will continue to so comply. "I certify that is in full compliance with all applicable federal and state reporting requirements regarding its employees and with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignments and will continue to be in compliance throughout the term of Contract with the County of Orange. I understand that failure to comply shall constitute a material breach of the Contract and that failure to cure such breach within ten (10) calendar days of notice from the County shall constitute grounds for termination of the Contract.
Authorized Signature
Print Name
Title
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County of Orange
Bid 017-C003170-AS
5
Signature Page I have read and understand and agree to the terms and conditions herewith and I am submitting a response to this solicitation . Date:
Company Name:
* Authorized Signature
Print Name
Title
* Authorized Signature
Print Name
Title
OR
I prefer not to submit a bid in response to this solicitation per the reason(s) given below. Reason(s):
aaa
Date:
Company Name:
* Authorized Signature
Print Name
Title
* If the Contractor is a corporation, signatures of two specific corporate officers are required as further set forth. The first corporate officer signature must be one of the following:1) the Chairman of the Board; 2) the President; 3) any Vice President. The second corporate officer signature must be one of the following: a) Secretary; b) Assistant Secretary; c) Chief Financial Officer; d) Assistant Treasurer. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signature to bind the company.
RETURN THIS SHEET WITH YOUR RESPONSE
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County of Orange
Bid 017-C003170-AS
5
EXHIBIT B References All Bidders must provide a minimum of three (3) Letters of Reference. The references should be from clients who are comparable in scope to the County of Orange. Include one reference from a governmental agency. References must cover services performed by your company in the past five (5) years. At least one of the references must cover services performed in the past year. Services should be similar to those services required in this solicitation. Additionally, please complete the form below on the clients who have provided references: References must include the name and address of the company or governmental agency and the name and telephone and facsimile numbers of contact person(s), annual agreement dollar amount of the Contract, and a brief description of the agreement/Contract work and services provided. Attach additional sheets if necessary.
1.
Name of Reference: Address: Contact Name:
Telephone Number:
Annual agreement dollar amount: Facsimile Number: Brief Description of agreement/Contract work or services provided: 5 6
2.
Name of Reference: Address: Contact Name:
Telephone Number:
Annual agreement dollar amount: Facsimile Number: Brief Description of agreement/Contract work or services provided: 5 6
3.
Name of Reference: Address: Contact Name:
Telephone Number:
Annual agreement dollar amount: Facsimile Number: Brief Description of agreement/Contract work or services provided: 5 6 6/19/2015 5:29 PM
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County of Orange
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Bid 017-C003170-AS
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County of Orange
Bid 017-C003170-AS
5
County of Orange – Bidder Instructions 1. DEFINITIONS: a. "Bid" means an offer, made in response to a solicitation to perform a contract for work and labor or to supply goods or services at a specified price, whether or not it is considered a "sealed bid" or results in award of a contract to a single or non-competitively bid contract. b. "Bidder" means a supplier who submits a bid to the County in response to a solicitation. c. "Solicitation" means the process, by whatever name known or in whatever format used, of notifying prospective bidders that the County wishes to receive bids for furnishing goods or services. d. "Supplier" means a business entity, bidder, offeror, vendor or contractor. e. "County" means the County of Orange.
2. SUBMISSION OF BIDS: a. Bids must be hand delivered or sent via U.S. Mail or common carrier unless another method is specifically authorized in the solicitation.
b. Where a "sealed" bid is required, each bid shall be separately sealed inside an envelope and must be signed and received by the closing time and date specified, and on the forms furnished by the County to be considered for award.
c. The bidder is solely responsible for ensuring that the full bid is received by the County in accordance with the solicitation requirements, prior to the date and time specified in the solicitation, and at the place specified. The County shall not be responsible for any delays in mail or by common carriers or by transmission errors or delays or misdelivery. d. Bids received after the bid closing date and time will be considered nonresponsive. e. If no time for receipt of bids is specified in the solicitation, the bid shall be due by the close of the business day on the date indicated. Close of the business day shall be 5:00 p.m. All times are Pacific Standard Time (PST). f. Generally, sealed bids will be opened and read on the due date unless another date and time is specified in the solicitation or any addendum thereto or the reverse auction terms and conditions are included in the solicitation. When a County Agency/Department facilitates a reverse auction, all bids shall remain confidential before and during the auction. Information is not public, including the number and names of the responders, until the Notice of Intent to Award or contract award is published, whichever occurs first. g. Faxed bid responses will NOT be allowed. h. All bids received by the County and opened are subject to disclosure under the California Public Records Act, and other applicable law. i. It is preferred that bids/proposals be submitted electronically at www.bidsync.com , unless otherwise stated in the bid packet. If responding to this solicitation through BidSync, the electronic version of the bid response will prevail. The County of Orange is not responsible for and accepts no liability for any technical problems that result from conducting business electronically.
j. The County shall not be liable for any expenses incurred by potential Bidders in the preparation or submission of their bids. The County shall not, in an event, be liable for any pre-contractual expenses incurred by Bidders prior to the date of award and execution, if any, of the Contract. Pre-contractual expenses are defined as expenses incurred by the Bidder in: a) preparing its bid in response to this IFB; b) submitting that bid to the County; c) negotiating with the County any matter related to the Bidder's bid; and d) any other expenses incurred by the Bidder prior to the date of award and execution, if any, of the Contract.
k. Bids are not to be marked as confidential or proprietary. The County shall refuse to consider any bid so marked. Additionally, all bids shall become the property of the County. The County reserves the right to make use of any information or ideas in the bids submitted. l. If clarification of this IFB is considered necessary, a written addendum shall be issued. Oral statement(s) concerning the meaning of the contents of this IFB by County personnel or any other person is (are) unauthorized and should not be relied upon. All inquiries concerning this IFB should be directed to the assigned DPA (Deputy Purchasing Agent) per the instructions in the IFB. m. Bidders shall be solely responsible for any errors or omissions in their bids. Any discrepancies in numbers or calculations shall be interpreted to reflect the lowest price to the County .
n. The Model Contract contained in this solicitation is the Contract proposed for execution. Negotiations may or may not be conducted with the finalists; therefore, the response submitted should contain Offeror's most favorable terms and conditions, since the selection and award may be made without further discussion. Any exceptions to the terms and conditions made by any Offeror after submission of its response may result in elimination from further consideration .
o. Any exceptions to the County's terms and conditions must be clearly stated in responses to this solicitation. Any exception must include the details of the exception and the reasons for it. The County reserves the right to disqualify vendors taking exception to its terms and conditions. Vendors taking exception after notice of award will be disqualified from award of contract.
3. SOLICITATION ADDENDUM (ADDENDA): 6/19/2015 5:29 PM a. The County of Orange does not guarantee that you will receive the addenda to this solicitation unless you received notification of this solicitation by e-mail from BidSync on behalf of the County of Orange. Bidders registered on BidSync will
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must include the details of the exception and the reasons for it. The County reserves the right to disqualify vendors taking exception to its terms and conditions. Vendors taking exception after notice of award will be disqualified from award of County of Orange Bid 017-C003170-AS contract.
3. SOLICITATION ADDENDUM (ADDENDA): a. The County of Orange does not guarantee that you will receive the addenda to this solicitation unless you received notification of this solicitation by e-mail from BidSync on behalf of the County of Orange. Bidders registered on BidSync will receive an email notification when an addendum has been created. A link to the County of Orange's online bidding web site can be found at: http://egov.ocgov.com/ocgov/Procurement/Open%20Bids. It is the Bidder's responsibility to request all additional information and/or modifications to this solicitation.
b. In the event that the solicitation is revised by an addendum, supplier shall submit the original solicitation and any addenda that the buyer requires to be submitted.
c. Price(s) offered shall reflect all addenda issued by the County. Failure to do so will permit the County to interpret the bid to include all addenda issued in any resulting contract.
4. PRICES: a. All prices and notations must be typewritten. b. All prices must be bid in U.S. currency. c. Unit prices may not be more than four (4) places to the right of the decimal point. For example, a unit price of $.56726 each would exceed this limitation. Unit prices which exceed this limitation will automatically be truncated to the fourth decimal place for both evaluation and award purposes. Using the example just cited, the "6" at the end of the unit price would be truncated (i.e., dropped off) leaving a unit price of $.5672 each. d. An error in the bid may cause the rejection of that bid; however, the County may at its sole option retain the bid and make certain arithmetic corrections. In determining if a correction will be made, the County will consider the conformance of the bid to the format and content required by the solicitation, and any unusual complexity of the format and content required by the solicitation. i. If the bidder's intent is clearly established based on review of the complete bid submittal, the County may at its sole option correct an error based on that established intent. ii. The County may at its sole option correct obvious clerical errors. iii. The total price of unit-price items will be the product of the unit price and the quantity of the item. If the unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, it shall be the amount obtained by dividing the "Extension" price by the quantity of the item. iv. Out of state contractors must include California Sales Tax permit number. v. Prices quoted shall be firm for the first period of the price agreement. vi. Cost increases may be considered during Contract renewal periods only. The County requires bona fide proof of cost increases prior to any price escalation adjustment. A minimum of 30 (thirty) days advance notice in writing is required to secure such adjustments. When offering escalating price bids, quote applicable labor and material separately as to percentage of total cost. No retroactive pricing adjustments will be considered. The County may enforce, adjust, or cancel escalating price agreements as it sees fit. The net dollar amount of profit will remain firm during the period of the price agreement. Adjustments increasing Contractor's profit will not be allowed. vii. All decreases will be automatically extended to the County
5. CASH DISCOUNTS: The County encourages bidders to offer cash discounts for prompt payment etc.; however, unless provided elsewhere in the solicitation, cash discounts offered by bidders for the prompt payment of invoices will not be considered in evaluating offers to determine the successful bidder for award of any resulting contract.
6. INSPECTION OF SOLICITATION DOCUMENTS: Supplier shall carefully review all documents referenced and made a part of this solicitation to ensure that all information required to properly respond to the solicitation has been received or made available and all requirements are priced in the bid. Failure to examine any document, drawing, specification, or instruction will be at the supplier's sole risk.
7. BRAND NAMES: Any reference to brand names and/or numbers in the solicitation is intended to be descriptive, but not restrictive, unless otherwise specified. Bids offering equivalent items meeting the standards of quality specified may be considered, unless otherwise specified, providing the bid clearly describes the article offered and how it differs from the referenced brand. Unless bidder specifies otherwise, it is understood that the bidder is offering a referenced brand item as specified in the solicitation. The County reserves the right to determine whether a substitute offer is equivalent to and meets the standards of quality indicated by the brand name references, and the County may require the supply of additional descriptive material and a sample.
8. EVALUATION OF BIDS: a. Where more than one line item is specified in the solicitation, the County reserves the right to determine the lowest, responsive and responsible bidder, either on the basis of individual items, combination of items as specified in the solicitation, or on the basis of all items included in the solicitation, unless otherwise expressly provided. b. Unless otherwise specified in the solicitation, the County may accept any item or combination of items as specified in the solicitation, of any bid unless the bidder expressly objects and conditions its response on receiving all items for which it provided a bid. In the event that the bidder so objects, the County may consider the bidder's objection and evaluate whether the award on such basis will result in the lowest price to the County or may determine in its sole discretion that such an objection is non-responsive and renders the bidder ineligible for award. c. All other criteria to be used in evaluating bids will be identified elsewhere in the solicitation.
9. CONFLICT OF INTEREST: a. Current County Employees (PCC Section 10410):
6/19/2015 5:29 PM i. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee
receives compensation or has a financial interest and which is sponsored or funded by any County Agency/Department,
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the award on such basis will result in the lowest price to the County or may determine in its sole discretion that such an objection is non-responsive and renders the bidder ineligible for award. County elsewhere of Orange in the solicitation. Bid 017-C003170-AS c. All other criteria to be used in evaluating bids will be identified
9. CONFLICT OF INTEREST: a. Current County Employees (PCC Section 10410): i. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any County Agency/Department, unless the employment, activity or enterprise is required as a condition of regular County employment. ii. No officer or employee shall contract on his or her own behalf as an independent contractor with any County agency to provide goods or services. b. Former County Employees (PCC Section 10411): For the two-year period from the date he or she left County employment, no former County officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any County agency/department. c. For the twelve-month period from the date he or she left County employment, no former County officer or employee may enter into a contract with any County agency/department if he or she was employed by that County agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving County service.
10. JOINT BIDS: Where two or more Suppliers desire to submit a single bid in response to a solicitation, they should do so on a prime/subcontractor basis rather than as a joint venture. The County intends to contract with a single firm or multiple firms, but not with multiple firms doing business as a joint venture.
11. SAMPLES TO DETERMINE RESPONSIVENESS TO TECHNICAL REQUIREMENTS FOR PURPOSES OF AWARD: a. Samples of items, when required by the County, must be furnished free of expense to the County, unless otherwise provided.
b. Unless expressly set forth in the solicitation, the sample or samples furnished must be identical in all respects to the product or products being offered to the County.
c. Bidders offering products of a different manufacturer and model number than those specified in the solicitation may be required to submit samples for inspection and specification compliance testing in order for the County to determine if the item offered is equivalent to and meets the minimum standards of quality acceptable to the County as indicated by the manufacturer and model number specified in the solicitation. d. Samples, if not destroyed by tests, may, upon request made at the time the sample is furnished, be returned at bidder's expense. e. Samples may be required prior to award. If requested, such samples must be delivered to the address specified and within the timeframe identified in the notification. Failure to submit samples as specified may be grounds for rejection.
12. SPECIFICATION CONCERNS: a. In the event a supplier believes that the County's solicitation is unfairly restrictive, ambiguous, contains conflicting provisions or mistakes or in the supplier's experience any resulting contract would be commercially impractical to perform, the matter should be promptly brought to the attention of the buyer identified in the solicitation, in writing, immediately upon receipt of the solicitation, in order that the matter may be fully considered and appropriate action taken by the County prior to the closing time set to receive bids.
13. VALIDITY OF BID: Unless specified elsewhere in the solicitation, bidder's bid shall be valid for a minimum of one hundred eighty (180) days following the bid closing date.
14. MISTAKE IN BID: If prior to contract award, a bidder discovers a mistake in their bid which renders the bidder unwilling to perform under any resulting contract, the bidder must immediately notify the buyer and request to withdraw the bid. It shall be solely within the County's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire bid. If the solicitation provided for evaluation and award on a line item or combination of items basis, the County may consider permitting withdrawal of specific line item(s) or combination of items.
15. COUNTY'S RIGHTS: a. The County reserves the right to modify or cancel in whole or in part its solicitation at any time without prior notice. b. The County reserves the right to reject any or all bids if the County determines that a bidder's bid was non-responsive to the solicitation requirements and to waive informalities and minor irregularities in bids received.
c. The County reserves the right to reject any or all bids if the County determines that a bidder is not a responsible supplier. d. Award final Contract with the lowest, responsive, responsible Bidder or Bidders as necessary to serve the best interests of the County may require.
e. Award its total requirement to one Bidder or to apportion those requirements among two or more Bidders as the County may deem to be in its best interests.
f. Make no guarantee as to the usage of the services by the County. The County furthermore makes no representation that any Contract will be awarded to any Bidder responding to this IFB.'
g. All bids received may be public record after opening. Bids are not to be marked as confidential or proprietary. The County shall refuse to consider any bid so marked. Bids must be submitted in response to this IFB may be subject to public disclosure as permitted by the California Public Records Act. Additionally, all bids shall become the property of the County. The County reserves the right to make use of any information or ideas in the bids submitted. h. Waive, at its discretion, any irregularity or informality which the County deems correctable or otherwise not warranting rejection of the bid. 6/19/2015 5:29 PM final award determination based on the lowest responsive, responsible bid, but award will be contingent upon i. Make agency/department approval, including a review of qualifications, and the successful bidder must have met all the
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g. All bids received may be public record after opening. Bids are not to be marked as confidential or proprietary. The County shall refuse to consider any bid so marked. Bids must be submitted in response to this IFB may be subject to public County of Orange all bids shall become the property of the County. Bid 017-C003170-AS disclosure as permitted by the California Public Records Act. Additionally, The County reserves the right to make use of any information or ideas in the bids submitted. h. Waive, at its discretion, any irregularity or informality which the County deems correctable or otherwise not warranting rejection of the bid. i. Make final award determination based on the lowest responsive, responsible bid, but award will be contingent upon agency/department approval, including a review of qualifications, and the successful bidder must have met all the qualifications/requirements set forth herein.
16. UNFAIR PRACTICES ACT AND OTHER LAWS: Supplier warrants that its bid complies with the Unfair Practices Act (Business and Professions Code Section 17000 et seq.) and all applicable County, State and Federal laws and regulations.
17. VIOLATION OF AIR OR WATER POLLUTION LAWS: a. Prior to an award, the County shall ascertain if the intended awardee is a person included in notices from the Boards. In the event of any doubt of the intended awardees' identity or status as a person who is in violation of any County, State, or federal air or water pollution law, the County will notify the appropriate Board of the proposed award and afford the Board the opportunity to advise the County that the intended awardee is such a person. b. No award will be made to a person who is identified either by the published notices or by advice, as a person in violation of County, State, or federal air or water pollution control laws.
18. INDEPENDENCE OF BID: By submitting this bid, bidder swears under penalty of perjury that it did not conspire with any other supplier to set prices in violation of anti-trust laws.
19. PROTESTS: All protests shall be submitted on protester's letterhead and include at minimum the following information:
? The name, address and telephone number of the protester; ? The signature of the protester or the protester's representative; ? The solicitation or contract number; ? A detailed statement of the legal and/or factual grounds for the protest; and ? The form of relief requested All protests related to bid or proposal specifications must be submitted to the Deputy Purchasing Agent no later than five (5) business days prior to the close of the bid or proposal. Protests received after the five (5) business day deadline will not be considered by the County. In the event the protest of specifications is denied and the protester wishes to continue in the solicitation process, they must still submit a bid prior to the close of the solicitation in accordance with the bid/proposal submittal procedures provided in the bid/proposal. In protests related to the award of a contract, the protest must be submitted no later than five (5) business days after the notice of the proposed contract award is provided by the Deputy Purchasing Agent. Protests relating to a proposed contract award which are received after the five (5) business day deadline will not be considered by the County. If the protester wishes to appeal the decision of the Deputy Purchasing Agent , the protester must submit, within three (3) business days from receipt of the Deputy Purchasing Agent's decision, a written appeal to the Office of the County Purchasing Agent at: 1300 S. Grand Ave., Bldg A Santa Ana, CA 92705 The decision of the County Purchasing Agent on whether to allow the appeal to go forward will be final and there shall be no right to any administrative appeals of this decision.
20. INDEPENDENT CONTRACTOR REPORTING REQUIREMENTS: Any independent contractor, prior to being awarded a purchase order which contains services, must provide certain information pertaining to its business to the County. The County, in accordance with Unemployment Insurance Code Section 1088.8, will report such information to the Employment Development Department. By submitting a bid, bidder acknowledges this information is required and that it is being reported to the Employment Development Department. Additional information on this reporting requirement can be found at the California Employment Development Department web site located at www.edd.ca.gov/txicr.htm .
21. Orange County Child Support: To comply with the child support enforcement requirements of the County of Orange, within ten days of notification of selection of award of contract but prior to official award of contract, the selected contractor agrees to furnish to the contract administrator, the Purchasing Agent, or the agency/department deputy purchasing agent: a. In the case of an individual contractor, his/her name, date of birth, Social Security number, and residence address; b. In the case of a contractor doing business in a form other than as an individual, the name, date of birth, Social Security number, and residence address of each individual who owns an interest of ten (10) percent or more in the contracting entity; c. A certification that the contractor has fully complied with all applicable federal and state reporting requirements regarding its employees; and d. A certification that the contractor has fully complied with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment and will continue to so comply. Failure of the contractor to timely submit the data and/or certifications required may result in the contract being awarded to another contractor. In the event a contract has been issued, failure of the contractor to comply with all federal, state, and local reporting requirements for child support enforcement or to comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment shall constitute a material breach of the contract. Failure to cure such breach within 60 calendar days of notice from the County shall constitute grounds for termination of the contract.
22. AMERICANS WITH DISABILITY ACT (ADA): To comply with the non-discrimination requirements of the ADA, it is the policy of 6/19/2015 5:29 PM the County to make every effort to ensure that its programs, activities and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable modification to participate in the procurement
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reporting requirements for child support enforcement or to comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment shall constitute a material breach of the contract. Failure to cure such breach within 60 County for of Orange Bid 017-C003170-AS calendar days of notice from the County shall constitute grounds termination of the contract.
22. AMERICANS WITH DISABILITY ACT (ADA): To comply with the non-discrimination requirements of the ADA, it is the policy of the County to make every effort to ensure that its programs, activities and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable modification to participate in the procurement process, or for persons having questions regarding reasonable modifications for the procurement process, you may contact the buyer listed in the solicitation.
23. Vendor Advisory: The County does not require and neither encourages nor discourages the use of lobbyists or other consultants for the purpose of securing business.
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County of Orange
Bid 017-C003170-AS
5
Attachment I
COUNTY OF ORANGE CHILD SUPPORT ENFORCEMENT CERTIFICATION REQUIREMENTS A.
For an individual contractor: Name, date of birth, social security number, and residence address: Name: D.O.B: Social Security No: 5
Residence Address:
B.
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For contractor doing business in a form other than as an individual: The name, date of birth, social security number, and residence address of each individual who owns an interest of 10 percent or more in the contracting entity (if no individual owns 10 percent or more, write "N/A"): Name: D.O.B: Social Security No: 5
Residence Address:
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Name: D.O.B: Social Security No: 5
Residence Address:
6
Name: D.O.B: 6/19/2015 5:29 PM
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Social Security No:
Name:
County of Orange
Bid 017-C003170-AS
D.O.B: Social Security No: 5 6
Residence Address:
(Additional sheets may be used if necessary)
C.
A certification that the Contractor has fully complied with all applicable federal and state reporting requirements regarding its employees; and
D.
A certification that the Contractor has fully complied with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment and will continue to so comply
Child Support Enforcement Certificate
"I certify that
is in full compliance with all applicable federal and
state reporting requirements regarding its employees and with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignments and will continue to be in compliance throughout the term of the Agreement
with the County of Orange. I understand that failure
to comply shall constitute a material breach of the Agreement and that failure to cure such breach within 60 calendar days of notice from the County shall constitute grounds for termination of the Agreement.
Signature*
Name (Please Print)
Title
Date
Signature*
Name (Please Print)
Title
Date
Company Name
Agreement Number 6/19/2015 5:29 PM
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County of Orange
Agreement Number
Bid 017-C003170-AS
*Two signatures required if a corporation.
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County of Orange
Bid 017-C003170-AS
5
Part 2: Company Profile (Complete this form and submit as Part 2 in second tabbed section of response)
Company Legal Name:
Business Address:
Address for mailed funds:
Telephone Number: (
)
Facsimile Number: (
)
Email Address:
Length of time the firm has been in business:
Length of time at current location:
Is your firm a sole proprietor doing business under a different name:
Yes
No
If yes, please indicate sole proprietor's name and the name you are doing business under:
Federal Taxpayer ID Number 6/19/2015 5:29 PM
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County of Orange
Federal Taxpayer ID Number
Is your firm incorporated:
Yes
No
Bid 017-C003170-AS
State of Incorporation:
Regular business hours:
Regular holidays and hours when business is closed:
Contact person in reference to this request for RFP solicitation:
Telephone Number: (
)
Facsimile Number: (
)
Email Address:
Name of administrator to who questions regarding accounts payable should be directed:
Telephone Number: (
)
Facsimile Number: (
)
Email Address:
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County of Orange
Bid 017-C003170-AS
5
COUNTY OF ORANGE
DEPT
SOLICITATION NUMBER: 017-C003170-AS FOR: Avepoint Docave Online and Docave Governance Automation Software
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County of Orange
Bid 017-C003170-AS
5
EDD Independent Contractor Reporting Requirements Effective January 1, 2001, the County of Orange is required to file federal Form 1099-Misc for services received from a "service provider" to whom the County pays $600 or more or with whom the County enters into a Contract for $600 or more within a single calendar year. The purpose of this reporting requirement is to increase child support collection by helping to locate parents who are delinquent in their child support obligations. The term "service provider" is defined in California Unemployment Insurance Code Section 1088.8, subparagraph B.2 as "an individual who is not an employee of the service recipient for California purposes and who received compensation or executes a Contract for services performed for that service recipient within or without the state." The term is further defined by the California Employment Development Department to refer specifically to independent Contractors. An independent Contractor is defined as "an individual who is not an employee of the government entity for California purposes and who receives compensation or executes a Contract for services performed for that government entity either in or outside of California." The reporting requirement does not apply to corporations, general partnerships, limited liability partnerships, and limited liability companies. Additional information on this reporting requirement can be found at the California Employment Development Department web site located at www.edd.ca.gov. To comply with the reporting requirements, County procedures for Contracting with independent Contractors mandate that the following information be completed and forwarded to the Contracting agency/department immediately upon request: First name, middle initial and last name Social Security Number Address Start and expiration dates of Contract Amount of Contract
First Name
Middle Initial
Last Name
Address SSN
Contract Number
Dollar value of Contract
Start Date
Expiration Date
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County of Orange
Bid 017-C003170-AS
5
Exhibit [X] BUSINESS ASSOCIATE CONTRACT A. GENERAL PROVISIONS AND RECITALS 1. The parties agree that the terms used, but not otherwise defined below in Paragraph B, shall have the same meaning given to such terms under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act, Public Law 111-005 (“the HITECH Act”), and their implementing regulations at 45 CFR Parts 160 and 164 (“the HIPAA regulations”) as they may exist now or be hereafter amended. 2. The parties agree that a business associate relationship under HIPAA, the HITECH Act, and the HIPAA regulations between the CONTRACTOR and COUNTY arises to the extent that CONTRACTOR performs, or delegates to subcontractors to perform, functions or activities on behalf of COUNTY pursuant to, and as set forth in, the Agreement that are described in the definition of “Business Associate” in 45 CFR § 160.103. 3. The COUNTY wishes to disclose to CONTRACTOR certain information pursuant to the terms of the Agreement, some of which may constitute Protected Health Information (“PHI”), as defined below in Subparagraph B.10, to be used or disclosed in the course of providing services and activities pursuant to, and as set forth, in the Agreement. 4. The parties intend to protect the privacy and provide for the security of PHI that may be created, received, maintained, transmitted, used, or disclosed pursuant to the Agreement in compliance with the applicable standards, implementation specifications, and requirements of HIPAA, the HITECH Act, and the HIPAA regulations as they may exist now or be hereafter amended. 5. The parties understand and acknowledge that HIPAA, the HITECH Act, and the HIPAA regulations do not pre-empt any state statutes, rules, or regulations that are not otherwise pre-empted by other Federal law(s) and impose more stringent requirements with respect to privacy of PHI. 6. The parties understand that the HIPAA Privacy and Security rules, as defined below in Subparagraphs B.9 and B.14, apply to the CONTRACTOR in the same manner as they apply to a covered entity (COUNTY). CONTRACTOR agrees therefore to be in compliance at all times with the terms of this Business Associate Contract and the applicable standards, implementation specifications, and requirements of the Privacy and the Security rules, as they may exist now or be hereafter amended, with respect to PHI and electronic PHI created, received, maintained, transmitted, used, or disclosed pursuant to the Agreement. B. DEFINITIONS 1. “Administrative Safeguards” are administrative actions, and policies and procedures, to manage the selection, development, implementation, and maintenance of security measures to protect electronic PHI and to manage the conduct of CONTRACTOR’s workforce in relation to the protection of that information. 2. “Breach” means the acquisition, access, use, or disclosure of PHI in a manner not permitted 6/19/2015 5:29 PM
under the HIPAA Privacy Rule which compromises the security or privacy of the PHI.
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electronic PHI and to manage the conduct of CONTRACTOR’s workforce in relation to the protection of County of Orange Bid 017-C003170-AS that information. 2. “Breach” means the acquisition, access, use, or disclosure of PHI in a manner not permitted under the HIPAA Privacy Rule which compromises the security or privacy of the PHI. a. Breach excludes: i.
Any unintentional acquisition, access, or use of PHI by a workforce member or
person acting under the authority of CONTRACTOR or COUNTY , if such acquisition, access, or use was made in good faith and within the scope of authority and does not result in further use or disclosure in a manner not permitted under the Privacy Rule. ii. Any inadvertent disclosure by a person who is authorized to access PHI at CONTRACTOR to another person authorized to access PHI at the CONTRACTOR, or organized health care arrangement in which COUNTY participates, and the information received as a result of such disclosure is not further used or disclosed in a manner not permitted under the HIPAA Privacy Rule. iii. A disclosure of PHI where CONTRACTOR or COUNTY has a good faith belief that an unauthorized person to whom the disclosure was made would not reasonably have been able to retains such information. b. Except as provided in paragraph (a) of this definition, an acquisition, access, use, or disclosure of PHI in a manner not permitted under the HIPAA Privacy Rule is presumed to be a breach unless CONTRACTOR demonstrates that there is a low probability that the PHI has been compromised based on a risk assessment of at least the following factors: i. The nature and extent of the PHI involved, including the types of identifiers and the likelihood of re-identification; ii. The unauthorized person who used the PHI or to whom the disclosure was made; iii. Whether the PHI was actually acquired or viewed; and iv. The extent to which the risk to the PHI has been mitigated. 3. “Data Aggregation” shall have the meaning given to such term under the HIPAA Privacy Rule in 45 CFR § 164.501. 4. “Designated Record Set” shall have the meaning given to such term under the HIPAA Privacy Rule in 45 CFR § 164.501. 5. “Disclosure” shall have the meaning given to such term under the HIPAA regulations in 45 CFR § 160.103. 6. “Health Care Operations” shall have the meaning given to such term under the HIPAA Privacy Rule in 45 CFR § 164.501. 7. “Individual” shall have the meaning given to such term under the HIPAA Privacy Rule in 45 CFR § 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR § 164.502(g). 8. “Physical Safeguards” are physical measures, policies, and procedures to protect CONTRACTOR’s electronic information systems and related buildings and equipment, from natural and environmental hazards, and unauthorized intrusion. 9. “The HIPAA Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E. 10. “Protected Health Information” or “PHI” shall have the meaning given to such term under the HIPAA regulations in 45 CFR § 160.103. 6/19/2015 5:29 PM 11. “Required by Law” shall have the meaning given to such term under the HIPAA Privacy Rule
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Health Information at 45 CFR Part 160 and Part 164, Subparts A and E. County of Orange Bid 017-C003170-AS 10. “Protected Health Information” or “PHI” shall have the meaning given to such term under the HIPAA regulations in 45 CFR § 160.103. 11. “Required by Law” shall have the meaning given to such term under the HIPAA Privacy Rule in 45 CFR § 164.103. 12. “Secretary” shall mean the Secretary of the Department of Health and Human Services or his or her designee. 13. “Security Incident” means attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system. “Security incident” does not include trivial incidents that occur on a daily basis, such as scans, “pings”, or unsuccessful attempts to penetrate computer networks or servers maintained by CONTRACTOR. 14. “The HIPAA Security Rule” shall mean the Security Standards for the Protection of electronic PHI at 45 CFR Part 160, Part 162, and Part 164, Subparts A and C. 15. “Subcontractor” shall have the meaning given to such term under the HIPAA regulations in 45 CFR § 160.103. 16. “Technical safeguards” means the technology and the policy and procedures for its use that protect electronic PHI and control access to it. 17. “Unsecured PHI” or “PHI that is unsecured” means PHI that is not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary of Health and Human Services in the guidance issued on the HHS Web site. 18. “Use” shall have the meaning given to such term under the HIPAA regulations in 45 CFR § 160.103. C. OBLIGATIONS AND ACTIVITIES OF CONTRACTOR AS BUSINESS ASSOCIATE: 1. CONTRACTOR agrees not to use or further disclose PHI COUNTY discloses to CONTRACTOR other than as permitted or required by this Business Associate Contract or as required by law. 2. CONTRACTOR agrees to use appropriate safeguards, as provided for in this Business Associate Contract and the Agreement, to prevent use or disclosure of PHI COUNTY discloses to CONTRACTOR or CONTRACTOR creates, receives, maintains, or transmits on behalf of COUNTY other than as provided for by this Business Associate Contract. 3. CONTRACTOR agrees to comply with the HIPAA Security Rule at Subpart C of 45 CFR Part 164 with respect to electronic PHI COUNTY discloses to CONTRACTOR or CONTRACTOR creates, receives, maintains, or transmits on behalf of COUNTY. 4. CONTRACTOR agrees to mitigate, to the extent practicable, any harmful effect that is known to CONTRACTOR of a Use or Disclosure of PHI by CONTRACTOR in violation of the requirements of this Business Associate Contract. 5. CONTRACTOR agrees to report to COUNTY immediately any Use or Disclosure of PHI not provided for by this Business Associate Contract of which CONTRACTOR becomes aware. CONTRACTOR must report Breaches of Unsecured PHI in accordance with Paragraph E below and as required by 45 CFR § 164.410. 6. CONTRACTOR agrees to ensure that any Subcontractors that create, receive, maintain, or transmit PHI on behalf of CONTRACTOR agree to the same restrictions and conditions that apply through this Business Associate Contract to CONTRACTOR with respect to such information.
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required by 45 CFR § 164.410. County of Orange Bid 017-C003170-AS 6. CONTRACTOR agrees to ensure that any Subcontractors that create, receive, maintain, or transmit PHI on behalf of CONTRACTOR agree to the same restrictions and conditions that apply through this Business Associate Contract to CONTRACTOR with respect to such information. 7. CONTRACTOR agrees to provide access, within fifteen (15) calendar days of receipt of a written request by COUNTY, to PHI in a Designated Record Set, to COUNTY or, as directed by COUNTY, to an Individual in order to meet the requirements under 45 CFR § 164.524. 8. CONTRACTOR agrees to make any amendment(s) to PHI in a Designated Record Set that COUNTY directs or agrees to pursuant to 45 CFR § 164.526 at the request of COUNTY or an Individual, within thirty (30) calendar days of receipt of said request by COUNTY. CONTRACTOR agrees to notify COUNTY in writing no later than ten (10) calendar days after said amendment is completed. 9. CONTRACTOR agrees to make internal practices, books, and records, including policies and procedures, relating to the use and disclosure of PHI received from, or created or received by CONTRACTOR on behalf of, COUNTY available to COUNTY and the Secretary in a time and manner as determined by COUNTY or as designated by the Secretary for purposes of the Secretary determining COUNTY’S compliance with the HIPAA Privacy Rule. 10. CONTRACTOR agrees to document any Disclosures of PHI COUNTY discloses to CONTRACTOR or CONTRACTOR creates, receives, maintains, or transmits on behalf of COUNTY, and to make information related to such Disclosures available as would be required for COUNTY to respond to a request by an Individual for an accounting of Disclosures of PHI in accordance with 45 CFR § 164.528. 11. CONTRACTOR agrees to provide COUNTY or an Individual, as directed by COUNTY, in a time and manner to be determined by COUNTY, that information collected in accordance with the Agreement, in order to permit COUNTY to respond to a request by an Individual for an accounting of Disclosures of PHI in accordance with 45 CFR § 164.528. 12. CONTRACTOR agrees that to the extent CONTRACTOR carries out COUNTY’s obligation under the HIPAA Privacy and/or Security rules CONTRACTOR will comply with the requirements of 45 CFR Part 164 that apply to COUNTY in the performance of such obligation. 13. CONTRACTOR shall work with COUNTY upon notification by CONTRACTOR to COUNTY of a Breach to properly determine if any Breach exclusions exist as defined in Subparagraph B.2.a above. D. SECURITY RULE 1. CONTRACTOR shall comply with the requirements of 45 CFR § 164.306 and establish and maintain appropriate Administrative, Physical and Technical Safeguards in accordance with 45 CFR § 164.308, § 164.310, § 164.312, and § 164.316 with respect to electronic PHI COUNTY discloses to CONTRACTOR or CONTRACTOR creates, receives, maintains, or transmits on behalf of COUNTY. CONTRACTOR shall follow generally accepted system security principles and the requirements of the HIPAA Security Rule pertaining to the security of electronic PHI. 2. CONTRACTOR shall ensure that any subcontractors that create, receive, maintain, or transmit electronic PHI on behalf of CONTRACTOR agree through a contract with CONTRACTOR to the same restrictions and requirements contained in this Paragraph D of this Business Associate Contract. 6/19/2015 5:29 PM 3. CONTRACTOR shall report to COUNTY immediately any Security Incident of which it
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2. CONTRACTOR shall ensure that any subcontractors that create, receive, maintain, or County of Orange
Bid 017-C003170-AS
transmit electronic PHI on behalf of CONTRACTOR agree through a contract with CONTRACTOR to the same restrictions and requirements contained in this Paragraph D of this Business Associate Contract. 3. CONTRACTOR shall report to COUNTY immediately any Security Incident of which it becomes aware. CONTRACTOR shall report Breaches of Unsecured PHI in accordance with Paragraph E below and as required by 45 CFR § 164.410. E. BREACH DISCOVERY AND NOTIFICATION 1. Following the discovery of a Breach of Unsecured PHI , CONTRACTOR shall notify
COUNTY of such Breach, however both parties agree to a delay in the notification if so advised by a law enforcement official pursuant to 45 CFR § 164.412. a. A Breach shall be treated as discovered by CONTRACTOR as of the first day on which such Breach is known to CONTRACTOR or, by exercising reasonable diligence, would have been known to CONTRACTOR. b. CONTRACTOR shall be deemed to have knowledge of a Breach, if the Breach is known, or by exercising reasonable diligence would have known, to any person who is an employee, officer, or other agent of CONTRACTOR, as determined by federal common law of agency. 2. CONTRACTOR shall provide the notification of the Breach immediately to the County Privacy Officer at [xxxx]. a. CONTRACTOR’S notification may be oral, but shall be followed by written notification within 24 hours of the oral notification. 3. CONTRACTOR’S notification shall include, to the extent possible: a. The identification of each Individual whose Unsecured PHI has been, or is reasonably believed by CONTRACTOR to have been, accessed, acquired, used, or disclosed during the Breach; b. Any other information that COUNTY is required to include in the notification to Individual under 45 CFR §164.404 (c) at the time CONTRACTOR is required to notify COUNTY or promptly thereafter as this information becomes available, even after the regulatory sixty (60) day period set forth in 45 CFR § 164.410 (b) has elapsed, including: (1) A brief description of what happened, including the date of the Breach and the date of the discovery of the Breach, if known; (2) A description of the types of Unsecured PHI that were involved in the Breach (such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code, or other types of information were involved); (3) Any steps Individuals should take to protect themselves from potential harm resulting from the Breach; (4) A brief description of what CONTRACTOR is doing to investigate the Breach, to mitigate harm to Individuals, and to protect against any future Breaches; and (5) Contact procedures for Individuals to ask questions or learn additional information, which shall include a toll-free telephone number, an e-mail address, Web site, or postal address. 4. COUNTY may require CONTRACTOR to provide notice to the Individual as required in 45 CFR § 164.404, if it is reasonable to do so under the circumstances, at the sole discretion of the COUNTY. 5. In the event that CONTRACTOR is responsible for a Breach of Unsecured PHI in violation
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of the HIPAA Privacy Rule, CONTRACTOR shall have the burden of demonstrating that
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45 CFR § 164.404, if it is reasonable to do so under the circumstances, at the sole discretion of the County of Orange
Bid 017-C003170-AS
COUNTY. 5. In the event that CONTRACTOR is responsible for a Breach of Unsecured PHI in violation
of the HIPAA Privacy Rule, CONTRACTOR shall have the burden of demonstrating that CONTRACTOR made all notifications to COUNTY consistent with this Paragraph E and as required by the Breach notification regulations, or, in the alternative, that the acquisition, access, use, or disclosure of PHI did not constitute a Breach. 6. CONTRACTOR shall maintain documentation of all required notifications of a Breach or its risk assessment under 45 CFR § 164.402 to demonstrate that a Breach did not occur. 7. CONTRACTOR shall provide to COUNTY all specific and pertinent information about the Breach, including the information listed in Section E.3.b.(1)-(5) above, if not yet provided, to permit COUNTY to meet its notification obligations under Subpart D of 45 CFR Part 164 as soon as practicable, but in no event later than fifteen (15) calendar days after CONTRACTOR’s initial report of the Breach to COUNTY pursuant to Subparagraph E.2 above. 8. CONTRACTOR shall continue to provide all additional pertinent information about the Breach to COUNTY as it may become available, in reporting increments of five (5) business days after the last report to COUNTY. CONTRACTOR shall also respond in good faith to any reasonable requests for further information, or follow-up information after report to COUNTY, when such request is made by COUNTY. 9. CONTRACTOR shall bear all expense or other costs associated with the Breach and shall reimburse COUNTY for all expenses COUNTY incurs in addressing the Breach and consequences thereof, including costs of investigation, notification, remediation, documentation or other costs associated with addressing the Breach. F. PERMITTED USES AND DISCLOSURES BY CONTRACTOR 1. CONTRACTOR may use or further disclose PHI COUNTY discloses to CONTRACTOR as necessary to perform functions, activities, or services for, or on behalf of, COUNTY as specified in the Agreement, provided that such use or Disclosure would not violate the HIPAA Privacy Rule if done by COUNTY except for the specific Uses and Disclosures set forth below. a. CONTRACTOR may use PHI COUNTY discloses to CONTRACTOR, if necessary, for the proper management and administration of CONTRACTOR. b. CONTRACTOR may disclose PHI COUNTY discloses to CONTRACTOR for the proper management and administration of CONTRACTOR or to carry out the legal responsibilities of CONTRACTOR, if: i. The Disclosure is required by law; or ii. CONTRACTOR obtains reasonable assurances from the person to whom the PHI is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person and the person immediately notifies CONTRACTOR of any instance of which it is aware in which the confidentiality of the information has been breached. c. CONTRACTOR may use or further disclose PHI COUNTY discloses to CONTRACTOR to provide Data Aggregation services relating to the Health Care Operations of CONTRACTOR. 2. CONTRACTOR may use PHI COUNTY discloses to CONTRACTOR, if necessary, to
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carry out legal responsibilities of CONTRACTOR.
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CONTRACTOR to provide Data Aggregation services relating to the Health Care Operations of County of Orange Bid 017-C003170-AS CONTRACTOR. 2. CONTRACTOR may use PHI COUNTY discloses to CONTRACTOR, if necessary, to carry out legal responsibilities of CONTRACTOR. 3. CONTRACTOR may use and disclose PHI COUNTY discloses to CONTRACTOR consistent with the minimum necessary policies and procedures of COUNTY. 4. CONTRACTOR may use or disclose PHI COUNTY discloses to CONTRACTOR as required by law. G. OBLIGATIONS OF COUNTY 1. COUNTY shall notify CONTRACTOR of any limitation(s) in COUNTY’S notice of privacy practices in accordance with 45 CFR § 164.520, to the extent that such limitation may affect CONTRACTOR’S Use or Disclosure of PHI. 2. COUNTY shall notify CONTRACTOR of any changes in, or revocation of, the permission by an Individual to use or disclose his or her PHI, to the extent that such changes may affect CONTRACTOR’S Use or Disclosure of PHI. 3. COUNTY shall notify CONTRACTOR of any restriction to the Use or Disclosure of PHI that COUNTY has agreed to in accordance with 45 CFR § 164.522, to the extent that such restriction may affect CONTRACTOR’S Use or Disclosure of PHI. 4. COUNTY shall not request CONTRACTOR to use or disclose PHI in any manner that would not be permissible under the HIPAA Privacy Rule if done by COUNTY. H. BUSINESS ASSOCIATE TERMINATION 1. Upon COUNTY’S knowledge of a material breach or violation by CONTRACTOR of the requirements of this Business Associate Contract, COUNTY shall: a. Provide an opportunity for CONTRACTOR to cure the material breach or end the violation within thirty (30) business days; or b. Immediately terminate the Agreement, if CONTRACTOR is unwilling or unable to cure the material breach or end the violation within (30) days, provided termination of the Agreement is feasible. 2. Upon termination of the Agreement, CONTRACTOR shall either destroy or return to COUNTY all PHI CONTRACTOR received from COUNTY or CONTRACTOR created, maintained, or received on behalf of COUNTY in conformity with the HIPAA Privacy Rule. a. This provision shall apply to all PHI that is in the possession of Subcontractors or agents of CONTRACTOR. b. CONTRACTOR shall retain no copies of the PHI. c. In the event that CONTRACTOR determines that returning or destroying the PHI is not feasible, CONTRACTOR shall provide to COUNTY notification of the conditions that make return or destruction infeasible. Upon determination by COUNTY that return or destruction of PHI is infeasible, CONTRACTOR shall extend the protections of this Business Associate Contract to such PHI and limit further Uses and Disclosures of such PHI to those purposes that make the return or destruction infeasible, for as long as CONTRACTOR maintains such PHI. 3. The obligations of this Business Associate Contract shall survive the termination of the Agreement.
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for as long as CONTRACTOR maintains such PHI. County of Orange Bid 017-C003170-AS 3. The obligations of this Business Associate Contract shall survive the termination of the Agreement. 6
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County of Orange
Bid 017-C003170-AS
Scope of Work For Avepoint Docave Online and Docave Governance Automation Software
Subscription services for Avepoint Docave online and Docave Governance Automation Software, Year 1, and Software configuration and training (one-time costs). Software contract is for a three (3) year commitment. Software is for administrative management and governance of INTRAOC (SharePoint online) portal. When contacting Avepoint please request all applicable discounts and, reference Avepoint Quote #Q29862-H4C3. County has negotiated new Terms & Conditions with developer for use of the software. Said Terms & Conditions are attached hereto and incorporated herein by this reference. Contract start date is July 1, 2015. QTY
UNIT
10,000
EA
10,000
EA
1
EA
2
DAY
DESCRIPTION
UNIT PRICE
ONE-TIME
ANNUAL
DOCAVE ONLINE FOR OFFICE 365 (PRICE SHOWN REFLECTS VENDOR DISCOUNT) DOCAVE GOVERNANCE AUTOMATION ONLINE (PRICE SHOWN REFELCTS VENDOR DISCOUNT) GOVERNANCE AUTOMATION AVEPOINT STARTER TRAINING SERVICES (one-time fee) DOCAVE ONLINE PROFESSIONAL TRAINING (one-time fee) SUB TOTALS TOTAL FIRST YEAR COSTS
DocAve Online and Governance Automation Year 2 of 3 DocAve Online and Governance Automation Year 3 of 3
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County of Orange
Bid 017-C003170-AS
Question and Answers for Bid #017-C003170-AS - Avepoint Docave Online and Docave Governance Automation Software
5
Overall Bid Questions There are no questions associated with this bid. Question Deadline: Jun 22, 2015 4:00:00 PM PDT
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