Request for Proposal for the Procurement Website


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Letter Request for Proposal (RFP) 14-SAMTR-T-022

Subject: Request for Proposal for the Procurement Website Upgrade (RFP 14-SAMTR-T022)

To potential proposers: This letter is your invitation to submit a proposal for the upgrade of the San Mateo County Transit District’s (District) procurement website in accordance with the attached Scope of Work (Exhibit A). The submittal of the proposal should be submitted with attached Cost Proposal Form (Exhibit B) as well as a completed Systems Requirement Form (Exhibit C). Proposals will be accepted by the Contracts & Procurement Department of the District until 2:00 p.m. April 3, 2014 at the District’s Administrative Offices, 1250 San Carlos Avenue, San Carlos, CA 94070. Submission of a proposal shall constitute a firm offer to the District. No Proposer may withdraw its proposal for a period of 120 calendar days after the Proposal submission due date. The District reserves the right to reject any or all Proposals, to waive any irregularity or informalities in any Proposal or in the Proposal procedure, and to negotiate with any individual, qualified firm, or organization. Should the District award a contract to a Proposer, the terms set forth in the District’s Terms and Conditions (Exhibit D) will govern. Proposers may submit exceptions to Exhibit D for consideration. The District intends to adhere to the following timeline, but it is subject to change at the discretion of the District: Activity

Date

RFP Issued……………………………………………………………..March 13, 2014 Requests for Clarifications/Questions Due…………………………March 20, 2014 District’s Addenda/Response to Clarifications/Questions………...March 27, 2014 Proposal Due…………………………………………………………...April 3, 2014 by 2:00 P.M. Contract Award…………………………………………………………April 30, 2014

The proposals will be evaluated on the following criteria: 1) Approach to Scope of Services

0 – 35 points

6171413.1

The Proposer’s overall approach to successfully providing services will be assessed for its feasibility, responsiveness to the Scope of Services, effectiveness and thoroughness. Proposals will be evaluated on the following: 

Proposer’s demonstrated understanding of the Scope of Services and quality of its response to RFP requirements; and



Detailed description of how the Proposer intends to provide the services contained herein.

2) Qualification and Experience of Firm

0 – 20 points

The capabilities of each Proposer will be evaluated in these specific areas: 

Satisfactory review of financial statements for the last three years prepared in accordance with generally accepted accounting principles of the jurisdiction in which the Proposer is located, and audited by an independent certified public accountant or alternate review as proposed by Proposer;



Number of years providing the requested services with a focus on transit agencies, if any;



The names and contact information for up to a maximum of five client references within the past three years to be contacted as references;

3) Qualifications and Experience of Management Team and Key Personnel 0 – 10 points The qualifications and experience of Key Personnel will be evaluated in these specific areas:  

Experience in providing the specified services for similar operations and/or entities, including comprehensive knowledge of quantitative and qualitative research methods, such that the data collected will be statistically sound; Experience and qualifications of staff assigned to provide services. The Proposer’s commitment to providing high quality resources will be measured in several ways. Therefore, the proposed number of staff committed (identified by name), the quality of such staff, and the proper balance of relevant skills are of prime concern to the District. Include brief resumes of the firm’s principals and the proposed management team.

4) Cost Proposal

0 – 35 points

This portion of the proposal will be evaluated based on reasonableness of the proposed costs. Costs will be evaluated on costs the District or other comparable public agencies have paid for similar services, and in accordance with what is considered to be the industry’s standard and customary costs for the services.

6171413.1

All terms and conditions set forth in Exhibit D - Terms and Conditions shall apply. All questions, clarifications, and proposal submissions may be emailed to [email protected] or mailed as follows: San Mateo County Transit District 2nd Floor, Contracts & Procurement Dept. Attn: Alan Chan, Contract Officer 1250 San Carlos Avenue San Carlos, CA 94070 The District looks forward to your response and I can be reached at (650) 508-6256.

Best Regards,

Alan Chan Contract Officer

6171413.1

REQUEST FOR PROPOSALS FOR PROCUREMENT WEBSITE UPGRADE RFP 14-SAMTR-T-022

SAN MATEO COUNTY TRANSIT DISTRICT EXHIBIT A – SCOPE OF WORK

Scope of Work: Purpose and Objectives: The San Mateo County Transit District’s (SMCTD) Contracts & Procurement department is seeking a web-based procurement solution that meets the requirements presented in this RFP. The solution will be a service acquisition that will be hosted by an application service provider (ASP) and accessible via the internet by both internal and external users authorized by SMCTD. Through Federal Transit Administration Requirements and staff needs, SMCTD staff has developed the business goals and detailed system requirements for a hosted web-based On-Line Procurement and Contract Administration solution as stated in the RFP. These goals and requirements will be used to evaluate responses and choose a specific solution that meets the needs of SMCTD’s Procurement and Contracts, its customers, and vendors. Period of Performance: The District anticipates awarding a contract for a two- (2) year term with up to two one - (1) year option term(s) to extend, exercisable at the sole discretion of the District by giving notice to Contractor no later than 90 days prior to expiration of the current base or option term. Contractor shall complete the implementation services for the hosted services within 60 days on Notice to Proceed. Contractor shall have access to SMCTD facilities 8:00 AM to 5:00 PM, Monday through Friday. Contractor shall not bill more than 40 hours per week per worker under this Contract. Work is to be performed at San Mateo County Transit District central office located at 1250 San Carlos Avenue, San Carlos, CA. Definitions: This section defines terms and abbreviations used throughout this document. TERM Customer Procurement Vendor PeopleSoft IFB/RFP/RFI/RFQ Special Programs or Preference Programs PO System

DEFINITION An employee of SMCTD, government agency, and others outside of SMCTD’s Contracts & Procurement Department SMCTD’s Contract & Procurement Department An external entity proving or wishing to provide products and services to SMCTD SMCTD’s ERP solution Invitation for Bid, Proposal, Information, Quote Programs such as a Disadvantaged Business Enterprise Purchase Order Proposer’s proposed web-based hosted On-Line Contracts & Procurements solution

Business Goals: The San Mateo County Transit District’s (“District”) Contract & Procurement department strives to achieve the following business goals: Improve service levels and increase customer satisfaction by:

REQUEST FOR PROPOSALS FOR PROCUREMENT WEBSITE UPGRADE RFP 14-SAMTR-T-022

• • •

SAN MATEO COUNTY TRANSIT DISTRICT EXHIBIT A – SCOPE OF WORK

Giving procurement staff a friendly and intuitive web interface for bidding and quoting activities. Offering procurement staff a one-stop source to evaluate, purchase and track a wide variety of products and services. Offering procurement staff an organized contract administration file system for documentation, meeting the requirements of federal, state, and local funding audits.

Streamline contracting and purchasing by: • • •

Automating the solicitation process. Maintaining a centralized master vendor list. Storing bid documents and contract administration documents in a centralized bid document repository.

Improve supplier relationship management by: • • •

Increasing SMCTD’s exposure to the supplier community via the Internet. Allowing suppliers to register and maintain an online profile with SMCTD. Automating the solicitation process that will allow suppliers to access and respond to solicitations online (IFB, RFP, RFQ and other types).

Expand the services offered by SMCTD’s Contract & Procurement department by: •

Implementing online auctions for the sale of surplus.

Consistently maintain the Purchasing Division’s strategic direction through: • • •

Improved reporting to both internal and external customers. Better tools for analyzing, trending and forecasting purchasing data. Use of accurate data to support business decisions.

REQUEST FOR PROPOSALS FOR PROCUREMENT WEBSITE UPGRADE RFP 14-SAMTR-T-022

SAN MATEO COUNTY TRANSIT DISTRICT EXHIBIT B - COST PROPOSAL FORM Page 1 of 1

COST PROPOSAL FORM (THIS IS NOT AN ORDER)

Please complete this form in its entirety and submit with proposal.

MODULE NAME

SETUP FEE (One time) $

TRAINING FEE (One time) $

PER USER FEE (15 users)

$

GRAND TOTAL PRICE FOR A FOUR-YEAR TERM

ANNUAL COST

$

$

A. Any deviations from the required specifications delineated herein shall be noted below:

REQUEST FOR PROPOSALS FOR PROCUREMENT WEBSITE UPGRADE RFP 14-SAMTR-T-022

SAN MATEO COUNTY TRANSIT DISTRICT EXHIBIT C – SYSTEM REQUIREMENTS FORM ______

System Requirements:

The requirements section employs tables to numerically list each requirement in the form of a question or short answer. The tables are labeled uniform to the example below.

Item #

Type

Requirement or Question

Response Code

Vendor Response/Comments/Assumptions

Definitions of the table heading above (From left to right): Item #

A unique question number.

Type

The requirement or question will be one or more of the following types:

D

Desirable – Specification that is not required. Failure to meet this specification or items will NOT disqualify your response.

R

Required – Mandatory. You must meet or exceed this specification or item for your response to be deemed responsible.

Requirement or Question

The requirement or question.

Response Code

Refers to the response codes listed below. Use these response codes to answer the questions in the next section.

Y

Yes, in current release, meets requirement straight out of the box.

Y1

Yes, in current release, meets requirement by setting parameters and tables. Comments required.

Y2

Yes, in current release, meets requirements with use of report writer. Comments required.

Y3

Yes, in current release, meets requirement with custom programming. Comments and additional pricing required.

P

In next planned release. Comments and estimated release date required.

N

No, neither in current release nor planned in future releases.

Vendor Response,

Wherever there is request for a Response Code, Proposer is required to answer “Y”, “Y1”, “Y2”, “Y3”, “P” or “N”.

Comments, Assumptions

Submitting a Response Code of “N” for a required item will result in that response as failing to meet that requirement and may disqualify your proposal.

REQUEST FOR PROPOSALS FOR PROCUREMENT WEBSITE UPGRADE RFP 14-SAMTR-T-022

SAN MATEO COUNTY TRANSIT DISTRICT EXHIBIT C – SYSTEM REQUIREMENTS FORM ______

General System Functions Item #

Type

1

R

2

R

3

R

4

D

5

R

6

R

7

R

8

R

9

R

10

R

11

R

12

R

Requirement or Question The system must be a hosted solution, such as an application service provider (ASP). The District is interested in a turnkey service that is accessed via the internet. The District is not interested in procuring software licenses, hardware to run software, and installation. The system must be a web-based solution that provides users full access using a variety of web browsers (e.g., IE, Firefox, Google, Safari, etc.). Client server applications requiring specific hardware and/or locally installed software to access the system are NOT acceptable. The system must be intuitive, with little or no training needed. Describe the features that make the system easy to use and intuitive. In addition, include screen prints of the easy-touse-interface The system must be able to use Digital Signatures where applicable. Describe how the system will meet this requirement. The system must have a seamless visual transition to the District’s own proprietary webpages. The system must include workflow functionality, so approval roles can be setup for a comprehensive, efficient workflow process. The system must be able to automatically transfer information from one process to another without re-keying. Describe how the system will meet this requirement. The system must be able to link related documents and show audit trail. The system must be able to create standard contract and purchase order terms and conditions using standard text format. The system must be able to run in a Missioncritical environment and be available 24 hours per day, 7 days per week, with limited schedule downtime for routine system maintenance. Indicate in your response your standard maintenance schedule. Describe how the system will meet this requirement. All system activity must take place in real time, and system must have date-stamp capabilities. Describe how the system will meet this requirement. The system activity must include the functionality to modify its visual presentation, such as field names and other terminology, warning/help messages, etc. but not require this customization prior to use

Response Code

Vendor Response/Comments/Assumptions

REQUEST FOR PROPOSALS FOR PROCUREMENT WEBSITE UPGRADE RFP 14-SAMTR-T-022

Item #

Type

13

R

14

D

15

R

16

R

Requirement or Question The system must allow for “branding”, so that various web pages can display appropriate District logos, colors, standardized look. The system has the ability to provide registered suppliers with information on how to use the system, who to contact for assistance, etc. The system must allow suppliers the ability to create and maintain unique profiles (i.e. supplier ID, password, address, expertise codes and prices), self-register online. Describe how the system will meet this requirement. In addition, include a screen print of the supplier selfregistration page. The system must allow suppliers to add multiple addresses and contacts to their profile. Describe how the system will meet this requirement. The system must allow suppliers to maintain and update expertise code profiles. Vendors are automatically notified via email when RFQs, RFPs or IFBs are available in selected categories. Describe how the system will meet this requirement. In additional. Address how expertise codes are used in the system. The system must have the ability to electronically retrieve forgotten supplier passwords. Describe how the system will meet this requirement. The system must be able to notify suppliers when their profile information (e.g., name, address, etc.) has been modified. Describe how the system will meet this requirement. The system must have the ability to periodically notify the supplier to verify their profile information. System must also include warning notification to the supplier indicating their account will be deactivated unless their profile is verified. The system must have the ability for select users to have administration rights and privileges.

17

R

18

R

19

R

20

D

21

R

22

D

23

D

The system allows administrators the ability reactivate deactivated accounts without reentering supplier data. The system has the ability to add/classify onetime vendors with limited data entry.

24

R

The system allows users to generate and review bid list by expertise categories.

25

R

26

R

27

R

The system must allow The District and its users to create, add and delete supplier bid lists. The system has the ability to automatically and/or manually send emails/correspondences to suppliers, based on information contained in the supplier profile. The system must allow suppliers to upload required documents to supplier profiles, such as insurance certificates, business licenses, etc...

SAN MATEO COUNTY TRANSIT DISTRICT EXHIBIT C – SYSTEM REQUIREMENTS FORM ______

Response Code

Vendor Response/Comments/Assumptions

REQUEST FOR PROPOSALS FOR PROCUREMENT WEBSITE UPGRADE RFP 14-SAMTR-T-022

Item #

Type

28

D

29

R

30

D

31

R

32

R

33

R

34

R

35

R

36

R

37

R

38

R

Requirement or Question Supplier profiles created for District bids must be distinguishable and unique from existing supplier profiles. (Example: Tax ID Number) The system has the ability for the District to automatically add vendors to vendor list. The system should be able to upload the District’s current vendor database, and generate supplier IDs and passwords. Describe how the system will meet this requirement. The system must automatically notify registered suppliers via email (with embedded link), fax, or U.S. Mail when RFQs, RFPs or IFBs are available in selected expertise codes. Describe how the system will meet this requirement. The system must allow the District and its users the ability to post solicitation documents (RFQs, RFPs or IFBs) online, based on a specific release date. Describe how the system will meet this requirement. The system must allow suppliers to download RFQs, RFPs or IFBs in either editable (MS Word or equal) and non-editable (Adobe Acrobat or equal) formats. Describe how the system will meet this requirement. The system must allow suppliers to respond to RFQs, RFPs, and IFBs online. Describe how the system will meet this requirement. The system must allow users to track suppliers that have downloaded or responded to RFQs, RFPs, and IFBs. Describe how the system will meet this requirement. The system must have the ability to automatically send RFQs, RFPs, and IFBs addenda to suppliers that have downloaded or responded to the documents. Describe how the system will meet this requirement. The system must allow The District and its users to cancel or withdraw posted RFQs, RFPs, and IFBs. Describe how the system will meet this requirement. The system must date– and time-stamp responses to RFQs, RFPs, and IFBs. In an addition, the system must allow suppliers to place responses in a secured electronic “lockbox”. Describe the “lock-box” security features, including: • How system administrators are kept from compromising the integrity of the sealed bids in the lock-box; • Who can access the contents of the lock-box at different times during the bid process; • How the system authenticates the identity of the sender; • How the system ensures the confidentiality of the transmitted information; • How the system documents the date and time of each received document.

SAN MATEO COUNTY TRANSIT DISTRICT EXHIBIT C – SYSTEM REQUIREMENTS FORM ______

Response Code

Vendor Response/Comments/Assumptions

REQUEST FOR PROPOSALS FOR PROCUREMENT WEBSITE UPGRADE RFP 14-SAMTR-T-022

Item #

39

Type

R

40

R

41

R

42

D

43

44

R

R

45

D

46

R

47

R

48

R

49

R

50

D

51

R

52

R

Requirement or Question The system must allow suppliers to withdraw or cancel their responses prior to the submittal deadline. Describe how the system will meet this requirement. The system must allow suppliers to modify and resubmit their responses prior to the submittal deadline. Describe how the system will meet this requirement. The system must display bid status (e.g., “Awarded”, “Under Evaluation”, “Cancelled”, etc.) The system must have the ability to limit vendor target range geographically, or by other suitable criteria The system must allow selected District staff to post selected award information, bid abstracts, and Notices of Intent to Award. Describe how the system will meet this requirement. The system must allow the District to select and/or exclude suppliers when posting a solicitation. Describe how the system will meet this requirement. The system must be capable of performing basic (RFQ) and advanced (RFP) evaluations of criteria and automatically generate bid tabulations. Describe how the system will meet this requirement. The system must be capable of automatically generating Notice of Intent to Award document based on the District and its user’s selection of “winning bid”. Describe how the system will meet this requirement. The system must be capable of allowing the District and its users to manually disqualify supplier’s bid response and notify the supplier. Describe how the system will meet this requirement The system must allow the District and its users to send select correspondence to individual bidders, (I.e. notify several bidders that they have advanced t the next round of the evaluation, and notify a bidder that their response has been deemed non-responsive. The system had the ability for the District to mark suppliers as inactive, so that announcements of future solicitations are not automatically sent to them. The system has the ability to create reverse auctions. The system must allow the District and its users the ability to import/export files from/to the Microsoft Office suite of products. Describe how the system will meet this requirement. List the types of acceptable document formats. The system must allow the District users to upload/download attachments to all document types. Describe how the system will meet this requirement.

SAN MATEO COUNTY TRANSIT DISTRICT EXHIBIT C – SYSTEM REQUIREMENTS FORM ______

Response Code

Vendor Response/Comments/Assumptions

REQUEST FOR PROPOSALS FOR PROCUREMENT WEBSITE UPGRADE RFP 14-SAMTR-T-022

Item #

Type

53

R

54

D

55

R

56

R

Requirement or Question

SAN MATEO COUNTY TRANSIT DISTRICT EXHIBIT C – SYSTEM REQUIREMENTS FORM ______

Response Code

Vendor Response/Comments/Assumptions

Response Code

Vendor Response/Comments/Assumptions

The system must allow the District users access to historical information about bid responses after the bid closing date. Describe how the system will meet this requirement. The system must allow multiple users (Members of the evaluation team) access to bid responses during the evaluation and award process. Describe how the system will meet this requirement. The system must keep all bid information confidential from suppliers and public during the evaluation and award process. Describe how the system will meet this requirement. The system must allow bidders to mark sections of bid responses as “confidential” or “proprietary”. Also, The District must have the ability to unmark such sections as necessary. Any information marked as “confidential” or “proprietary” must remain invisible to suppliers and public. Describe how the system will meet this requirement.

57

R

The system has the ability to automatically attach documents to the IFB/RFP/RFQ upon creation (e.g., standard terms and conditions, forms, etc.).

58

R

The system allows suppliers to submit questions online to the District and its users .

59

R

The system will notify the District’s users via email when a question, specific to the bid, has been submitted online.

60

R

The system allows the District users to receive questions from a single or multiple bidders, and to send responses to a single or multiple suppliers and keep/archive these communications as part of the bid package.

61

R

The system has the ability to identify multiple delivery methods for bids (e.g., print and mail, fax, email).

Special Programs Item #

Type

Requirement or Question

R

The system must allow the District to maintain and track special programs by supplier or expertise, such as small business, recyclables, disabled veterans, etc. Describe how the system will meet this requirement.

63

D

The system must allow the District to create a new special program at any time, such as local vendor preference, small business preference, etc… Describe how the system will meet this requirement.

64

D

The system must allow the District to track suppliers by special program. Describe how the system will meet this requirement.

62

REQUEST FOR PROPOSALS FOR PROCUREMENT WEBSITE UPGRADE RFP 14-SAMTR-T-022

SAN MATEO COUNTY TRANSIT DISTRICT EXHIBIT C – SYSTEM REQUIREMENTS FORM ______

Supplier Portal Item #

Type

65

R

66

R

67

R

68

R

Requirement or Question

Response Code

Vendor Response/Comments/Assumptions

Response Code

Vendor Response/Comments/Assumptions

The system must allow registered suppliers to access a secure (password protected) portal. Describe how the system will meet this requirement. The system must allow suppliers to access real time information on the status (e.g. bid review, bid award, contract writing, etc.) of their IFB/P/I/Q. Describe how the system will meet this requirement. The system must allow suppliers to access information on whom to contact at the District office for information on specific IFB/RFP/RFI/RFQ’s. Describe how the system will meet this requirement. The system must provide registered suppliers with instructions on how to use the system, who, at the District, to contact for assistance, etc. Describe how the system will meet this requirement.

General Reporting Functions Item #

Type

Requirement or Question

69

D

The system must allow the District to create ad hoc reports. Describe how the system will meet this requirement.

70

D

The system must allow the District to include charts and graphs in reports. Describe how the system will meet this requirement.

71

R

The system must allow the District and users to view reports in a web browser. Describe how the system will meet this requirement.

72

D

73

R

74

R

75

R

76

R

77

R

78

R

The system must allow the District and users to choose the depth of detail when generating reports. The system must allow the District to customize standard reports and save as a new report. Describe how the system will meet this requirement. The system must allow the District to enter date ranges for reports. Describe how the system will meet this requirement. The system must provide Step-By-Step process for report creation. Describe how the system will meet this requirement. The system must allow the District and its users to download reports to Excel. Describe how the system will meet this requirement. The system must allow the District and its users to save reports as a PDF file. Describe how the system will meet this requirement. The system must allow the District and its users to perform searches with flexible/complete search criteria. Describe how the system will meet this requirement.

REQUEST FOR PROPOSALS FOR PROCUREMENT WEBSITE UPGRADE RFP 14-SAMTR-T-022

Item #

Type

79

D

80

R

Requirement or Question

SAN MATEO COUNTY TRANSIT DISTRICT EXHIBIT C – SYSTEM REQUIREMENTS FORM ______

Response Code

Vendor Response/Comments/Assumptions

The system has the ability to create reminders or alerts associated with the document (for insurance certificates, contract renewals, dollar threshold, etc.). The system has the ability to export all District data from its database in a form suitable for loading into a District data warehouse or vendor provides access to database so the District can extract its data as needed. Describe how the system will meet this requirement.

Standard Reports Please provide a list of standard reports, with a brief description of each. Standard reports are defined as reports available from the system without customization or the use of ad-hoc report writer. Please include a sample output of each report type provided. Help System Item #

Type

Requirement or Question

81

R

The system must include an online Help system. Describe how the system will meet this requirement.

82

R

83

D

84

D

85

D

86

R

Response Code

Vendor Response/Comments/Assumptions

Response Code

Vendor Response/Comments/Assumptions

The system must allow the District to customize online tutorials for each business process. Describe how the system will meet this requirement. The system includes page-level context-sensitive help via right click of mouse or other method. The system includes field-level context – sensitive help via right click of mouse or other method. The system includes tool tips for form fields. The vendor must provide both automated (FAQ, forum, online chat) and phone support with ticket tracking capability for the District and its users. Describe how the system will meet this requirement.

Security and System Administration Internal Users Item #

Type

87

R

88

R

Requirement or Question The system must operate at a high level of security, using appropriate encryption for data in motion and at rest, data integrity checks and strong authentication. Describe how the system will meet this requirement. The system must be able to support different user levels or roles (e.g., administration staff, Contract Officers, Small Purchases). Describe how the system will meet this requirement.

REQUEST FOR PROPOSALS FOR PROCUREMENT WEBSITE UPGRADE RFP 14-SAMTR-T-022

Item #

Type

89

R

90

R

91

R

Requirement or Question

SAN MATEO COUNTY TRANSIT DISTRICT EXHIBIT C – SYSTEM REQUIREMENTS FORM ______

Response Code

Vendor Response/Comments/Assumptions

Response Code

Vendor Response/Comments/Assumptions

Response Code

Vendor Response/Comments/Assumptions

Response Code

Vendor Response/Comments/Assumptions

Response Code

Vendor Response/Comments/Assumptions

The system must allow the District full administration capabilities to manage its own users. Describe how the system will meet this requirement. Describe all training required for System Administrators. The system must allow the District and its users to create customized menus by user role. Describe how the system will meet this requirement.

Suppliers Item #

Type

Requirement or Question

92

R

The system has the ability to track/audit access and changes to supplier registration information down to the date, time, user and IO address.

93

R

The system has the ability to track/audit access and changes to bid responses down to the date, time, user and IP address.

94

R

The system has the ability to maintain vendor catalog security in system.

Auditing Item #

Type

Requirement or Question

95

R

Describe the audit trail capabilities of the system as they pertain to access the sealed bid information in the lock-box

96

R

Describe the audit trail capabilities of the system as they pertain to the creation and modification of RFPs, RFQs and IFBs.

Surplus Sales Item #

Type

Requirement or Question

97

D

The system offers a module that will facilitate the sale of surplus property.

98

D

The surplus property module is an integrated part of the On-Line Contract & Procurement system

Additional services Item #

Type

Requirement or Question

99

D

Training

100

D

Data conversion and loading

101

D

Other Services

REQUEST FOR PROPOSALS FOR PROCUREMENT WEBSITE UPGRADE RFP 14-SAMTR-T-022

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SAN MATEO COUNTY TRANSIT DISTRICT EXHIBIT D – TERMS AND CONDITIONS Page 1 of 1

ACKNOWLEDGEMENT OF ORDER. If this Purchase Order (Order) is not returned within 7 working days of VENDOR's receipt of it, AGENCY will deem the Order to have been accepted by VENDOR and a legally binding CONTRACT entered into by both parties. These TERMS AND CONDITIONS shall govern this Order. OWNERSHIP OF WORK/RECORDS. All materials to which VENDOR has access to or prepares under this Order shall be the property of AGENCY; shall be held in confidence by VENDOR; shall not be released without permission of AGENCY; and shall be returned to AGENCY upon termination or completion of Order. VENDOR shall maintain all data and records relating to its performance of this Order for 3 years after AGENCY makes final payment under this Order and shall permit AGENCY to inspect, audit and copy these records. INSPECTION AND ACCEPTANCE. All items and work are subject to final inspection and acceptance by AGENCY, notwithstanding prior payment to obtain cash discount. VENDOR is to pay transportation/shipping charges to remove rejected materials or products. CHANGES. AGENCY may suspend this Order or make changes in any terms and conditions governing this Order at any time. If any change causes a change in the price or in the time required for its performance, VENDOR shall promptly submit its claim for adjustment in writing to AGENCY. All changes shall be by confirmed written amendment issued by AGENCY. Nothing in this clause excuses VENDOR from proceeding immediately with this Order as changed. CANCELLATION, DEFAULT, AND REMEDIES. AGENCY reserves the right to cancel this Order at any time and for any reason upon written notice to VENDOR. If VENDOR fails, after reasonable notice by AGENCY, to cure a deficiency in performance or lack of progress, AGENCY shall have all remedies as may be available whether or not it terminates this Order, including, but not limited to, the payment by VENDOR to AGENCY of any expenses incurred by AGENCY in reprocuring from another source the same or similar goods or services that VENDOR failed to furnish satisfactorily. For services, AGENCY will only pay for those services performed satisfactorily up to the date of termination. WARRANTY. VENDOR warrants that all items furnished shall meet all requirements of the Order and manufacturer's warranty, if any, shall be fit for the purposes intended and shall be free of all patent and latent defects in design, materials and workmanship. VENDOR agrees that by acceptance of this warranty and acceptance of the items provided by VENDOR, the AGENCY does not waive any warranty either expressed or implied in Sections 2312-2317 of the Commercial Code of the State of California or of the United States. DELIVERY. If prices quoted on this Order include an additional charge for delivery from point to origin, VENDOR shall invoice such delivery charge separately and such charge shall not be subject to California State Sales/Use Tax. No C.O.D. shipments will be accepted. No additional charge for transportation, containers, packing, etc. will be allowed unless so specified in this Order. Unless otherwise provided in this Order, SELLER shall have title to and bear the risk of any loss of damage to the goods ordered until they are delivered in conformity with this Order at the specified F.O.B. point. PAYMENT. Payment shall be made within 30 days of AGENCY'S acceptance of the approved invoice. All invoices and packing slips/bills shall reflect AGENCY'S Order number. For services, AGENCY shall be invoiced monthly. For goods, each order and shipment shall be invoiced separately. VENDOR'S STATUS. VENDOR is an independent contractor. Neither VENDOR nor any party contracting with VENDOR or employed by VENDOR shall be deemed an agent or employee of AGENCY. ASSIGNMENTS AND SUBCONTRACTING. Neither this Order nor any interest nor claim hereunder may be assigned or subcontracted by VENDOR either voluntarily or by operation of law, without the prior consent of AGENCY. Consent shall not be deemed to relieve VENDOR of its obligations to comply fully with the requirements thereof. INDEMNIFICATION/INFRINGEMENT. The VENDOR shall indemnify, keep and save harmless the AGENCY and its directors, officers, agents and employees against any and all suits, claims or actions arising out of any of the following: (A) Any injury to persons or property that may occur, or that may be alleged to have occurred, arising from the performance of this Agreement by the VENDOR to the caused by a negligent act or omission or willful misconduct of the VENDOR or its employees, subcontractors, subconsultants or agents; or (B) Any allegation that materials or services provided by the VENDOR under this Agreement infringe or violate any copyright, trademark, patent, trade secret, or any other intellectual-property or proprietary right of any third party. The VENDOR further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses of defenses as they are incurred. If any judgment is rendered against the AGENCY or any of the other individuals enumerated above in any such action, the VENDOR shall, at its expense, satisfy and discharge the same. This indemnification shall survive termination or expiration of the Agreement. INSURANCE. VENDOR shall maintain worker's compensation insurance in accordance with state requirements. VENDOR shall also maintain commercial general liability insurance and automobile liability insurance, in the amount of at least $1,000,000 per claim for the District and $2,000,000 for the JPB and TA. AGENCY reserves the right to require submittal of a certificate of insurance naming the AGENCY as additional insured. In addition, VENDOR shall maintain professional liability insurance if applicable. ENVIRONMENTAL COMPLIANCE. VENDOR shall bear full and exclusive responsibility for any release of hazardous or nonhazardous substances, transportation or disposal of hazardous substances during the course of performance of this Order. The VENDOR shall be solely responsible for all claims and expenses associated with the transport or disposal of hazardous substances or with the removal or remediation of any release, including without limitation, payment of any fines or penalties levied against AGENCY by any governmental authority as a result of such release. VENDOR will hold harmless, indemnify, protect and defend AGENCY from any claims, suits or actions arising from any disposal or release. VENDOR shall immediately notify the AGENCY of any accidental incident related to the handling, transportation or disposal of hazardous or non-hazardous substances. The AGENCY reserves the right to gain access to and inspect vendor vehicles and/or facilities that handle, transport, or dispose of hazardous or non-hazardous substances. DISADVANTAGED BUSINESS ENTERPRISES/NONDISCRIMINATION. VENDOR will cooperate with AGENCY in meeting its commitments and goals with regard to the maximum utilization of Disadvantaged Business Enterprises (DBEs) and VENDOR will use its best efforts to insure that DBEs shall have an equitable opportunity to compete for subcontract work, if any, under this Order. VENDOR shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin or disability. Such actions shall include, but not limited to the following: employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates or pay or any other forms of compensation and selection for training, including apprenticeship. Furthermore, in providing services under this Order, VENDOR shall not discriminate against any person on the basis of race, religion, color, sex, national origin or disability. FEDERAL, STATE AND LOCAL LAWS. VENDOR'S acceptance of this Order certifies that goods and services sold and furnished to AGENCY by VENDOR are produced and sold in conformity with all applicable federal, state and local laws, rules, ordinances, and regulations. GOVERNING LAW. This Order and work performed under it shall be governed by California law. PRECEDENCE OF DOCUMENTS. In the event of conflict between these Terms and Conditions and the terms contained in any other documents relating to this Order, these Terms and Conditions shall govern.

AGENCY=San Mateo Transit District (District), Peninsula Corridor Joint Powers Board (JPB), or San Mateo County Transportation Authority (TA) 2013