REQUEST FOR PROPOSALS FOR
WARM-SITE DISASTER RECOVERY SERVICES
CITY OF LOS ANGELES
ISSUED BY
CITY OF LOS ANGELES INFORMATION TECHNOLOGY AGENCY
Request for Proposals Warm-Site Disaster Recovery City of Los Angeles Information Technology Agency DATE ISSUED:
July 30, 2014
RFP NUMBER:
ASB-207-14
TITLE:
Warm-Site Disaster Recovery Services
DESCRIPTION:
The City of Los Angeles (City) is seeking proposals from qualified firms interested in providing, by contract, a cost effective and functional alternate data processing center for use during an emergency.
INITIAL TERM:
Three (3) YEARS
RENEWAL OPTION: Three one-year (1) options DEADLINE FOR SUBMITTING PROPOSALS:
August 20, 2014 1:00 p.m. Pacific Daylight Time (PDT)
PROPOSAL DELIVERY ADDRESS:
Information Technology Agency Room 1400, City Hall East 200 North Main Street, 14th floor Attention: Vanessa Regalado Los Angeles, CA 90012
TECHNICAL ASSISTANCE:
All questions related to this Request for Proposals should be submitted in writing via e-mail to the Project Manager, Jon Hoang Information Systems Manager at
[email protected] no later than 12:00 PM (Pacific Daylight Time), August 12, 2014 to be considered before the final proposal submission date of August 20, 2014.
REQUEST FOR PROPOSALS WARM-SITE DISASTER RECOVERY SERVICES (ASB-207-14)
TABLE OF CONTENTS Section
Description
Page
I. II. III. IV.
INTRODUCTION ........................................................................................................ 1 BID SPECIFICATIONS AND REQUIREMENTS ........................................................ 1 PROPOSAL REQUIREMENTS .................................................................................. 6 PROPERTY OF CITY / PROPRIETARY MATERIAL / CONFIDENTIAL INFORMATION......................................................................................................... 17 V. PROHIBITION OF COMMUNICATION DURING RFP EVALUATION PERIOD ....... 17 VI. PROPOSAL EVALUATION ...................................................................................... 18 VII. TERM OF CONTRACT ............................................................................................. 18 VIII. AWARD OF CONTRACT.......................................................................................... 18
EXHIBITS Exhibit 1 – Contractor Travel Guidelines
APPENDICES Appendix A – Standard Provisions for City Personal Services Contracts (rev. 3/09) Appendix B – Equal Employment Practices (EEP) and Affirmative Action Program (AAP) Appendix C – Business Inclusion Program ( not included) Appendix D – Headquarters/Workforce Information & Declaration of Non Collusion Appendix E – Equal Benefits Ordinance (EBO) Appendix F – Contractor Responsibility Ordinance (CRO) Appendix G – Living Wage Ordinance (LWO) and Service Contract Worker Retention (SCWRO) Ordinance Appendix H – First Source Hiring Ordinance (FSHO) Appendix I – Slavery Disclosure Ordinance (SDO) Appendix J – Municipal Lobbying Ordinance Appendix K – Compliance with Los Angeles City Charter Section 470(c)(12) Appendix L – Local Business Preference Program (LBPP) Appendix M – RFP Proposer Checklist
INFORMATION TECHNOLOGY AGENCY REQUEST FOR PROPOSALS FOR WARM-SITE DISASTER RECOVERY SERVICES
I.
INTRODUCTION The City of Los Angeles, Information Technology Agency (“ITA”), is responsible for providing information technology services to City departments. ITA’s primary objectives are to 1) to provide uninterrupted computing services to its customers 24 hours a day, 7 days a week, and 2) to recover business critical data, applications, and servers in the remote warm site with the least minimum RTO (Recovery Time Objective) and RPO (Recovery Point Objective) and provide accessibility to recovered servers by establishing Internet Protocol (“IP”) communications and VPN (Virtual Private Network) from the City’s network to the vendor private network. Therefore, ITA invites firms interested in providing, by contract, a cost effective and functional alternate data processing center for use by the City of Los Angeles during an emergency to respond to this Request for Proposals (“RFP”) by submitting written proposals containing the information requested in this RFP. The City of Los Angeles’ plan is to migrate away from mainframe systems.
II.
BID SPECIFICATIONS AND REQUIREMENTS A.
General Policies All Proposers must submit written proposals that address each of the following: A1. Sharing of Recovery Facility Proposers must state their policy on handling the recovery of multiple subscribers when they are contracted for the same recovery hardware and warm site. Proposers must also state their logistics for sharing the warm site. A2. Multiple/Regional Disaster Support Proposers must state their policy and priority on handling regional disasters or multiple, simultaneous disasters when multiple subscribers declare disaster in the same period of time. Proposers must also state their procedures used to determine the order in which subscribers will be allowed to occupy primary and alternate sites.
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A3. Disaster Avoidance Proposers must describe their infrastructure redundancy and assurances for continued operation in the event a disaster occurs at the warm site and business recovery facility. Proposers’ equipment must include, but not be limited to, power conditioning, uninterruptible power supply (“UPS”), backup power generation, and backup communication systems. A4. Disaster Alert and Declaration Proposers must state their disaster alert and declaration procedures, and the support that will be provided during testing and actual recovery events. Proposers must also indicate the length of time required to activate the site and have it made available to the City after declaration. Proposers must outline procedures, availability, and time frame to activate a warm site after the City calls in for a disaster alert to the recovery center. A5. Future Upgrades Proposers must state the procedure and cost for upgrading the City’s hardware and software recovery configuration that is stated in section C, Page 5. A6. Travel In an event of a major disaster, the City may not be able to pay for expenses incurred by City staff. Therefore, proposers must be able to provide for all expenses incurred by at least 30 City employees during an actual disaster. This includes airfare, transportation to/from the airport and the DR site, food, lodging, and other logistic needs. Proposers must specify their billing policy for reimbursement of travel-related expenses and any fee(s). Please refer to Exhibit 1 for guidelines and daily PER DIEM limits. A7. Other Services Proposers may, at their discretion, list other offered, related services and associated costs. B. Recovery Facility Proposers shall submit proposals that fully describe their recovery facility specifications including, but not limited to, the following:
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B1. Location(s) The business recovery facility, where City staff can conduct warm site tests, must be located within 50 miles of the Los Angeles Civic Center. The warm site computer center must be no closer than 300 miles to Los Angeles City Hall. Proposer's receiving docks must be temperaturecontrolled. B2. Alternate Warm Site Capability Alternate warm sites of equivalent or greater hardware/software capability must be identified in the event the primary warm site is not available when the City has declared disaster recovery mode. B3. Office Space At the business recovery site, proposers must supply on-site office space for 30 City employees with TN3270 emulation PCs. In addition, parking spaces for these employees must be available. Proposers must define common facilities for City personnel use. Adequate drinking water and toilet facilities must be available. B4. Telephone Service The business recovery site must have telephone service available and 30 telephones ready for use upon notification of occupancy by the City. Activation of the assigned lines by the telephone company must be completed immediately, within 12 hours, upon disaster notification by the City. B5. Communications Network Status The site must be able to guarantee installation of the necessary telecommunications equipment in order for the warm site to communicate to Internet Service Providers, the City IP backbone via VPN (Upon request, the current up to date version of network diagram will be provided to proposer). Proposer must state other communications offerings available at proposed warm site and identify costs associated with subscribing to these services. B6. Power Availability The CPU power and air conditioning systems must be protected by an uninterrupted power supply with an auxiliary power generation source.
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B7. Support Services Proposers shall supply additional services as needed in the installation of equipment, telephone service, and related activities. A freight dock is required. B8. Additional Equipment Support Proposers shall state their policy on adding or upgrading computer equipment to the proposed warm site configuration, if deemed necessary by the City, after disaster declaration and/or during disaster recovery operations. B9. Security The site must have adequate security for the protection of City employees, equipment and data on the premises. B10. Availability Upon disaster declaration by the City, the site must be immediately available for a 24 hour, 7 day operation. Proposers must also state their provisions for more than six (6) weeks of warm site operation following a disaster declaration. B11. Testing Capability Proposers must clearly state their test policy, the yearly allowance of test time without charge for warm site subscribers, and the availability and fee schedule for testing over the designated amount. The City requires a minimum of two tests per year, three consecutive 16-hour days for each test. In addition, proposer needs to provide cost for additional days of testing if needed. B12. IT Support Staff Proposers must describe and quantify any IT Support Staff that is provided without charge to warm site subscribers. The City requires at least one communications specialist, one operating system support specialist supporting z/OS, and one person to mount tapes at the warm site. If additional consulting support services are available, Proposers should describe those services and provide detailed fee schedules. Proposers must provide a customized mainframe I/O definitional file (“IODF”) which will contain only hardware devices pertinent to the City of Los Angeles’ primary Computer Recovery Facility (“CRF”) or alternate CRFs.
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C. Recovery Configuration C1. Enterprise Servers(Mainframe) Specification C1.1.
Mainframe Hardware Compatibility at the Warm Site The required Enterprise Server hardware configuration at the warm site is: IBM Central Processor (z10 and above) with 10GB of memory storage. 1)
2)
1 (one) s/390 engine dedicated to a single z/OS LPAR with 5 GB of Central storage running in 64 bit architecture. 1 (one) IFL engine dedicated to a single z/VM LPAR with 5 GB of storage running in 64 bit architecture.
1024 (Addresses) 3390-3A Disk Drives 256 (Addresses) 3390-9 Disk Drives 3 (three) DASD controllers to support above DASD 16 (sixteen) 3592-JIA (jaguar) 1 (one) Gigabit Open Systems Adapter C1.2.
Hardware Compatibility at the Business Recovery Site The following equipment, which is part of the warm site channel attached hardware, must be located at the Business Recovery site: 6 (six) System consoles 30 (thirty) PCs(custom load software stack from preconfigured image with a minimum of Intel Dual Core Pentium 3.0 Ghz or higher, 4 GB memory, 500 GB minimum hard disk, Graphic Adapter with 32MB of ram, and DVD-RW) with Windows O/S Professional , IE, Firefox, Adobe Reader, Microsoft Excel and Word, TN3270 emulation. 3 (three) networked laserjet printer 2 (two) storage lockers
C1.3
Mainframe Software Compatibility At the present time, the warm site hardware configuration must support the following host support software requirements: JES2 for z/OS z/OS 5
z/VM Communications Server for z/OS C1.4.
D.
PGP FTP Server for Encryption/Decrypt
Telecommunications The City has built an alternate server room in Van Nuys. In the event of a disaster and the loss of the primary communication room in City Hall East, the City will switch to the Van Nuys server room as the primary communication room. Proposers must support VPN connection for City Hall East, and Van Nuys to the warm site so the users can access the Enterprise server that has been recovered at the remote warm site from the City’s IP backbone network. A checkpoint firewall is required for the VPN configuration.
E.
Proposed Pricing Proposers must provide detailed pricing information for three years with three one-year renewal options based on the configuration provided. Pricing shall include the monthly subscription fee, testing fees, disaster declaration fee, daily usage fees and any other associated fees that will include any one-time setup fees. Following the initial three-year term, which shall be at a fixed cost and fixed configuration, the next three one-year renewal options shall have a price reduction model as the City enters the final phase of mainframe usage reduction and hardware reduction. Proposers must present a cost reduction model which will include and adjust the pricing to factor in both reduced usage and reduction of equipment for the final three (3) optional years on the contract. The telephone service and other services and supplies used by the City during the recovery and testing period at the site must be invoiced separately.
III.
PROPOSAL REQUIREMENTS It is the intent of the City to award one contract, in a form approved by the City Attorney. This RFP and the proposal submitted or any part thereof may be incorporated into and made a part of the contract. Proposals accepted by the City in writing constitute a legally binding contract offer. It is requested that proposals be prepared simply and economically, avoiding the use of unnecessary promotional material. ` The City reserves the right to withdraw the RFP, to reject all proposals, and not award a contract. Furthermore, the City reserves the right to reject the proposal of
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any proposer who has previously failed to perform competently in any prior business relationship with the City. The rejection of any or all proposals shall not render the City liable for costs or damages. Proposers are required to submit one (1) original proposal signed in ink and four (4) hard copies of the proposal (including all forms, attachments, appendices, and exhibits) and cover letter. The original copy of the proposal and the four copies of the proposal must be labeled as such (“Original”, “Copy”). Written proposals must be presented in a sealed package. Proposer must enter the proposal number and RFP title on the outside of the package. Sealed proposals are to be delivered to the address listed in this RFP no later than the stated proposal deadline date and time. Late proposals will not be accepted and shall be returned to the proposer unopened. Sealed proposals are to be delivered to the address listed below no later than August 20, 2014 at 1:00 p.m. (PDT): City of Los Angeles Information Technology Agency 200 N. Main Street, 14th floor Los Angeles California 90012 Attention: Vanessa Regalado Proposer may withdraw submitted proposal in writing at any time prior to the specified due date and time. A written request, on company letterhead and signed by an authorized representative of the company, must be submitted to Vanessa Regalado at
[email protected]. After withdrawing a previously submitted proposal, the proposer may submit another proposal at any time up to the specified due date and time. A.
Detailed company information – Cover Letter
Each proposal must be accompanied by a cover letter limited to two pages that references the title of this RFP, contains a general statement of the purpose for submission, and includes the following detailed company information: 1. Full legal name of the Proposer; 2. Legal business status (individual, partnership, corporation, etc.), address, and telephone number of the Proposer; 3. If Proposer is a corporation, partnership, LLP, LLC, etc., identify the state under whose laws Proposer is organized. Otherwise, if Proposer is an individual, identify the state where Proposer is domiciled; and
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4. Name, title, address and telephone number of the person or persons authorized to represent the Proposer in order to enter into negotiations with the City with respect to the RFP and any subsequent awarded contract. The cover letter must also indicate any limitation of authority for any person named. B.
Experience
All proposals submitted in response to this RFP must include the following information regarding applicable experience: 1. A detailed description of Proposer’s qualifications and experience in recovering Enterprise servers in a regional disaster environment within the past five (5) years; and 2. A representative list of clients for which the Proposer has provided services, within the past five (5) years, similar to those proposed in the RFP. References must include a contact name and telephone number of an individual familiar with the described services. 3. The City Council adopted a resolution requiring vendors to provide a list of all City contracts held within the past 10 years to be included in the proposal package. For each contract with the City of Los Angeles within the past ten years, provide the following: Name of City department, Name of Contact, Title of Contract, Telephone number and dates and types of services provided. Failure to disclose this information shall deem the proposal nonresponsive. C.
Format and Submission Requirements
All proposals submitted shall be based on the material contained in the RFP, attachments, amendments, addenda, and other material published by the City or ITA relating to this RFP. The proposer shall disregard any previous draft material and oral presentations that may have been obtained by the Proposer. Failure to adhere to this format may be a cause for rejection of the proposal as nonresponsive. Proposals shall be submitted in accordance with the requirements set in this RFP and shall constitute acknowledgement and acceptance of all terms and conditions set forth herein. Any implied costs for services shall be itemized in the proposal. Exceptions with any of the terms and conditions set forth herein shall be itemized in the proposal. Failure to do so will be construed as acceptance of all RFP provisions, requirements and specifications. D.
Written Submissions
All proposals must be submitted in typewritten English language. Proposers shall complete and return all applicable documents, including forms, attachments,
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appendices, addenda, and exhibits to this RFP with their proposal. The City may deem a proposer non-responsive if the proposer fails to provide all required documentation and copies. Proposers shall use standard sized (8-1/2” x 11”) white recycled paper; and letterhead stationery should not be used, except for the cover sheet. Numerical data furnished herein shall use the U.S. dollar-foot-poundsecond units of measurements, except where specified. E.
Accuracy and Completeness
The cover letter and proposal must set forth accurate and complete information as required in this RFP. Unclear, incomplete, and/or inaccurate documentation will not be considered. Falsification of any information may result in disqualification from the selection process, or in termination of a contract, if discovered in the future. If a Proposer knowingly and willfully submits false performance or other data, the City reserves the right to reject the Proposer’s proposal. If it is determined that a contract was awarded as a result of false performance or other data submitted in response to this RFP, the City reserves the right to terminate the contract. Portions of a proposal that include content from this RFP that have been altered in any manner must be footnoted and referenced in a separate appendix to the proposal. F.
Signature Requirements
The proposal and cover letter, as well as all documents, forms, attachments, appendices, affidavits, and exhibits must be signed by a representative or officer of the Proposer. That representative or officer shall be authorized to bind the Proposer to all provisions of the proposal, the RFP, any subsequent changes to the RFP, and to the contract if an award is made. Consortiums, joint ventures, or teams submitting proposals will not be considered responsive unless it is established that all contractual responsibility rests solely with one proposer or one legal entity. The proposal must identify the responsible entity. If the Proposer is a partnership, the proposal and cover letter must be signed in the name of the partnership by a general partner thereof. If the Proposer is a corporation, the proposal and cover letter must be signed on behalf of the corporation by two (2) authorized officers (a Chairman of the Board, President or Vice-President and a secretary, treasurer or chief financial officer) or an officer authorized by the Board of Directors to execute such documents on behalf of the corporation. All above signatures must be original and in ink. G.
Information Requested and Not Furnished
The information requested and the manner of submission, are essential to permit prompt evaluation of all proposals. Accordingly, the City reserves the right to declare as non-responsive and reject any proposals in which information is
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requested and is not furnished or when a direct or complete answer is not provided. H.
Alternatives
Proposer shall not change any wording in the RFP or associated documents. Any explanation or alternative offered shall be submitted in a letter attached to the front of the proposal documents. Alternatives that do not substantially meet the City’s requirements cannot be considered. Proposals offered subject to conditions and/or limitations may be rejected as non-responsive. I.
Multiple Proposals
Proposers may not submit multiple proposals in response to this RFP. J.
Proposal Errors
Proposer is liable for all errors or omissions incurred by Proposer in preparing the proposal. Proposer will not be allowed to alter proposal documents after the due date for submission. K.
Waiver of Minor Administrative Irregularities
The City reserves the right at its sole discretion to waive minor administrative irregularities contained in any proposal. L.
Addendum(a)
The ITA reserves the right to issue addendum(a) to this RFP which may add additional requirements to be considered responsive. All Proposers must acknowledge addendum(a) issued as a result of any change in this RFP. Failure to indicate receipt of addendum(a) may result in a proposal being rejected as nonresponsive. M.
Cost of RFP
The City is not responsible for any costs incurred by the Proposer while preparing and submitting proposals. All proposers who respond to this RFP do so solely at their own expense. Proposals shall not include any such expenses as part of the proposed budget. The City will not provide parking, clerical, office/storage space, telephone services or reproduction services throughout the RFP process. N.
Contractor’s Address
The address given in proposal response shall be considered the legal address of the contractor and shall be changed only by written notice to the City. The contractor shall supply an address to which certified mail can be delivered. The 10
delivery of any communication to the contractor personally, or to such address, or the depositing in the United States Mail, registered or certified with postage prepaid, addressed to the contractor at such address, shall constitute a legal service thereof. Also, telephone numbers, fax numbers, and e-mail addresses (if applicable) must be provided. O.
City Business Tax Registration Certificate (BTRC)
The selected Proposer will be required to provide evidence of a valid Business Tax Registration Certificate (BTRC) issued by the City of Los Angeles. The selected Proposer shall obtain and keep current, a BTRC and all such certificates required of it, and shall not allow any such certificate(s) to be revoked or suspended while any contract is in effect. The Office of Finance administers this program. They are located at City Hall 200 N. Spring St, Room 101, Los Angeles, CA 90012. Their phone number is (213) 473-5901. Forms and instructions can be accessed via the Internet at http://finance.lacity.org The selected Proposer will be required to submit a completed W-9 form, a completed form 590, and provide a copy of the valid Business Tax Registration Certificate. P.
Nondiscrimination, Equal Employment Practices and Affirmative Action Program (Non-Construction)
Proposers are advised that any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Los Angeles Administrative Code Section 10.8.2., Non-discrimination Clause. Non-construction contracts for which the consideration is $1,000 or more shall comply with the provisions of Los Angeles Administrative Code Sections 10.8.3., Equal Employment Practices Provisions. All Proposers shall complete and upload the Non-Discrimination/Equal Employment Practices Certification (two (2) pages), available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) www.labavn.org, no later than the time when an individual Proposal is submitted. However, Proposers with Certifications previously uploaded to BAVN within the last year do not need to re-submit the document. Non-construction contracts for which the consideration is $100,000 or more shall comply with the provisions of Los Angeles Administrative Code Sections 10.8.4., Affirmative Action Program Provisions. All Proposers shall complete and upload the City of Los Angeles Affirmative Action Plan (two (2) pages), available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) at www.labavn.org, no later than the time when an individual Proposal is submitted. Proposers opting to submit their own Affirmative Action Plan may do so by uploading their Affirmative Action Plan onto BAVN. Proposers with Affirmative Action Plans previously uploaded to BAVN within the last year do not need to resubmit the document.
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Furthermore, subject subcontractors shall be required to submit the NonDiscrimination/Equal Employment Practices Certification and Affirmative Action Plan to the successful Proposer prior to commencing work on the contract. The subcontractors’ Non-Discrimination/Equal Employment Practices Certification(s) and Affirmative Action Plan(s) shall be retained by the successful Proposer and shall be made available to the Office of Contract Compliance upon request. Both the Non-Discrimination/Equal Employment Practices Certification and the City of Los Angeles Affirmative Action Plan Affidavit shall be valid for a period of twelve months from the date it is first uploaded onto BAVN. Proposers seeking additional information regarding the requirements of the City’s Non-Discrimination Clause, Equal Employment Practices and Affirmative Action Program may visit the Bureau of Contract Administration’s web site at http://bca.lacity.org/index.cfm . A sample of each affidavit is provided in Appendix B. Proposers must download the actual affidavit at www.labavn.org. Q.
Headquarters/Workforce Information
The City Council in consideration of the importance of preserving and enhancing the economic base and well-being of the City encourages businesses to locate or remain within the City of Los Angeles. This is important because of the jobs businesses generate and for the business taxes they remit. The City Council, on January 7, 1992, adopted a motion that requires proposers to state their headquarter address as well as the percentage of their workforce residing in the City of Los Angeles (Council File 92-0021). Proposers are required to complete and submit Appendix D with their proposal or the proposal may be deemed nonresponsive and may result in its rejection. R.
Declaration of Non-Collusion
Pursuant to the LAAC, Division 10, Chapter 1, Article 2, Section 10.15, each proposal must include the declaration from the Proposer that the proposal is genuine, and not a sham or collusive, or made in the interest or on behalf of any person, and that the Proposer has not directly or indirectly induced or solicited any other Proposer to submit a sham proposal/bid, or any other person, firms, or corporation to refrain from bidding and that the Proposer has not sought by collusion to secure for himself/herself an advantage over any other Proposer. Proposers must complete and submit the Declaration of Non-Collusion, signed by an officer authorized to bind the Proposer, with the proposal. Failure to include this declaration with the proposal may render the proposal non-responsive and may result in its rejection.
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The Declaration is provided in Appendix D. S.
Equal Benefits Ordinance
Proposers are advised that any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Los Angeles Administrative Code Section 10.8.2.1, Equal Benefits Ordinance (EBO). All Proposers shall complete and upload, the Equal Benefits Ordinance Affidavit (two (2) pages) available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) residing at www.labavn.org at the time it registers on BAVN but no later than the time when an individual proposal is submitted, the value of the contract which exceeds $5,000. The Equal Benefits Ordinance Affidavit shall be effective for a period of twelve months from the date it is first uploaded onto the City’s BAVN. Proposers do not need to submit supporting documentation with their proposals. However, the City may request supporting documentation to verify that the benefits are provided equally as specified on the Equal Benefits Ordinance Affidavit. Proposers seeking additional information regarding the requirements of the Equal Benefits Ordinance may visit the Bureau of Contract Administration’s web site at http://bca.lacity.org. A sample of the affidavit is provided in Appendix E. Proposers must download the actual affidavit at www.labavn.org. T.
Contractor Responsibility Ordinance
Proposers are advised that any contract awarded pursuant to this procurement process shall be subject to the provisions of Los Angeles Administrative Code Section 10.40 et seq., Contractor Responsibility Ordinance (CRO). Proposers shall refer to Appendix F for the questionnaire and pledge forms. All Proposers shall complete and return, with their proposal, the Responsibility Questionnaire and the Pledge of Compliance with Contractor Responsibility Ordinance form provided in Appendix F. Failure to return the completed Questionnaire and form may result in the proposal being deemed non-responsive. U. Living Wage Ordinance and Service Contractor Worker Retention Ordinance Unless approved for an exemption, contractors under contracts primarily for the furnishing of services to or for the City and that involve an expenditure in excess of $25,000 and a contract term of at least three (3) months, lessees and licensees of City property, and certain recipients of City financial assistance, shall comply with the provisions of Los Angeles Administrative Code Sections 10.37 et seq., Living Wage Ordinance (LWO) and 10.36 et seq., Service Contractor Worker Retention
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Ordinance (SCWRO). Proposers shall refer to Appendix G, “Living Wage Ordinance and Service Contractor Worker Retention Ordinance” for further information regarding the requirements of the Ordinances. Proposers who believe that they meet the qualifications for one of the exemptions described in the LWO List of Statutory Exemptions shall apply for exemption from the Ordinance by submitting with their proposal the Contractor Application for NonCoverage or Exemption (Form OCC/LW-10), or the Non-Profit/One-Person Contractor Certification of Exemption (OCC/LW-13). The List of Statutory Exemptions, the Application and the Certification are included in the Attachment/Appendix G. Otherwise, the Living Wage Ordinance forms LW 18 and LW 6 will be required from the selected proposer. All Living Wage ordinance forms can be found at http://bca.lacity.org. V.
First Source Hiring Ordinance (FSHO)
Unless approved for an exemption, contractors under contracts primarily for the furnishing of services to or for the City, the value of which is in excess of $25,000 with a term of at least three (3) months, and certain recipients of City Loans or Grants, shall comply with the provisions of Los Angeles Administrative Code Sections 10.44 et seq., First Source Hiring Ordinance (FSHO). Proposers shall refer to Appendix H, “First Source Hiring Ordinance” for further information regarding the requirements of the Ordinance. All Proposers shall complete and upload the First Source Hiring Ordinance Affidavit (one (1) page) available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) at www.labavn.org at the time it registers on BAVN but no later than the time when an individual Proposal is submitted. The First Source Hiring Ordinance Affidavit shall be effective for a period of twelve months from the date it is first uploaded onto the City’s BAVN. Proposers seeking additional information regarding the requirements of the First Source Hiring Ordinance may visit the Bureau of Contract Administration’s web site at http://bca.lacity.org. W.
Slavery Disclosure Ordinance
Unless otherwise exempt, in accordance with the provisions of the Slavery Disclosure Ordinance, any contract awarded pursuant to this RFB/RFP/RFQ will be subject to the Slavery Disclosure Ordinance, Section 10.41 of the Los Angeles Administrative Code. All Proposers shall complete and upload, the Slavery Disclosure Ordinance Affidavit (one (1) page) available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) residing at www.labavn.org at the time it registers on BAVN but no later than the time when an individual Proposal is submitted. . 14
Proposers seeking additional information regarding the requirements of the Slavery Disclosure Ordinance may visit the Bureau of Contract Administration’s web site at http://bca.lacity.org. A sample of the affidavit is provided in Appendix I. Proposers must download the actual affidavit at www.labavn.org. X.
Los Angeles Municipal Lobbying Ordinance
Los Angeles Municipal Lobbying Ordinance (Municipal Code, Section 48.09) requires for all service contracts with a value greater than $25,000 and a term of at least three months, to submit with its proposal a certification, on a form (CEC Form 50) proscribed by the City Ethics Commission, that the proposer acknowledges and agrees to comply with the disclosure requirements and prohibitions established in the Los Angeles Municipal Lobbying Ordinance, if the proposer qualifies as a lobbying entity. Proposers must submit a completed CEC Form 50 (a sample form can be found in Appendix J) to the awarding authority at the same time the proposal is submitted. Failure to include a completed most recent version of form CEC 50 may deem the proposal non-responsive. The most recent form must be downloaded from http://ethics.lacity.org. Y.
Compliance With Los Angeles City Charter Section 470(c)(12)
Persons who submit a response to this solicitation (for purposes of this Section, “Proposers”) are subject to Charter section 470(c) (12) and related ordinances. As a result, proposers may not make campaign contributions to and or engage in fundraising for certain elected City officials or candidates for elected City office from the time they submit the response until either the contract is approved or, for successful proposers, 12 months after the contract is signed. The proposer's principals and subcontractors performing $100,000 or more in work on the contract, as well as the principals of those subcontractors, are also subject to the same limitations on campaign contributions and fundraising. Proposers must submit a completed CEC Form 55 (a sample form can be found in Appendix K) to the awarding authority at the same time the proposal is submitted. Failure to include a completed most recent version of the form CEC 55 may deem the proposal non-responsive. The form requires proposers to identify their principals, their subcontractors performing $100,000 or more in work on the contract, and the principals of those subcontractors. Proposers must also notify their principals and subcontractors in writing of the restrictions and include the notice in contracts with subcontractors. Responses submitted without a completed CEC Form 55 shall be deemed non-responsive. Proposers who fail to comply with City law may be subject to penalties, termination of contract, and debarment. Additional information regarding these restrictions and requirements may be obtained from the City Ethics Commission at (213) 978-1960 or ethics.lacity.org.
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The Contract resulting from this RFP will contain a provision reading as follows: The Contractor, Subcontractors, and their Principals are obligated to fully comply with City of Los Angeles Charter Section 470(c) (12) and related ordinances, regarding limitations on campaign contributions and fundraising for certain elected City officials or candidates for elected City office if the contract is valued at $100,000 or more and requires approval of a City elected official. Additionally, Contractor is required to provide and update certain information to the City as specified by law. Any Contractor subject to Charter Section 470(c) (12) shall include the following notice in any contract with a subcontractor expected to receive at least $100,000 for performance under this contract: “Notice Regarding Los Fundraising Restrictions.
Angeles
Campaign
Contribution
and
“As provided in Charter Section 470(c) (12) and related ordinances, you are a subcontractor on City of Los Angeles contract #___________. Pursuant to City Charter Section 470(c) (12), subcontractor and its principals are prohibited from making campaign contributions and fundraising for certain elected City officials or candidates for elected City office for 12 months after the City contract is signed. Subcontractor is required to provide to Contractor names and addresses of the subcontractor’s principals and contact information and shall update that information if it changes during the 12 month time period. Subcontractor’s information included must be provided to Contractor within 5 business days. Failure to comply may result in termination of the contract or any other available legal remedies including fines. Information about the restrictions may be found at the City Ethics Commission’s website at http://ethics.lacity.org/ or by calling 213.978.1960.” Contractor, Subcontractors, and their Principals shall comply with these requirements and limitations. Violation of this provision shall entitle the City to terminate this Agreement and pursue any and all remedies available at law. The most recent version http://ethics.lacity.org. Z.
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Local Business Preference Program
In accordance with the City of Los Angeles Administrative Code, Section 10.47 et seq., contracts for the procurement of goods, equipment and services, including construction with a value over $150,000 is subject to the Local Business Preference Program.
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Eligible proposers can complete and upload the Local Business Certification Affidavit (one page) available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) at www.labavn.org prior to the submittal of the proposal. If applying for the certification, or certification has already been approved by the City of Los Angeles Office of Contract Compliance/Centralized Certification Administration, a copy of the completed affidavit from the proposer or eligible subcontractors must be included in the proposal. The Local Business Preference Program Ordinance requirements can be found in Appendix L. AA.
Proposer Checklist
The Proposer shall complete all documents and forms listed in Appendix M and include them in the order listed with their proposal to the City. The Proposer shall also initial the space provided next to each item on the RFP Proposer Checklist to signify they have read, understood, completed and included the documents and forms listed, excepting those documents/items marked Not Applicable (N/A). Failure to initial, complete and submit all required documents and forms may result in your proposal being deemed non-responsive. IV.
PROPERTY OF INFORMATION
CITY
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PROPRIETARY
MATERIAL
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CONFIDENTIAL
Proposals submitted in response to this RFP are subject to the California Public Records Act, California Government Code Section 6250 et seq. If you claim that a portion of your submission contains information that you would like to protect from disclosure, please include that notification in your proposal cover letter. The City will endeavor to notify you of any requests for your information. However, you may be required to seek a court determination of the protected status or that the City determines is required or appropriate. V.
PROHIBITION OF COMMUNICATION DURING RFP EVALUATION PERIOD After the submittal of proposals and continuing until a contract has been awarded, all City personnel involved in the project will be specifically directed against holding any meetings, conferences or technical discussions with any Proposer except as provided in the RFP. Proposers shall not initiate communication in any manner with City personnel regarding this RFP or the proposals during this period of time, unless authorized, in advance, by the City or the ITA. Failure to comply with this requirement may automatically terminate further consideration of that Proposer’s proposal(s).
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VI.
PROPOSAL EVALUATION The Proposer must indicate to what extent they have the ability, resources, experience and personnel to successfully perform and complete the work associated with this RFP and any resulting contract. The burden of proof that all contractual obligations can be met rests with the Proposer. After receipt of a proposal, but prior to selecting a contractor, the City, at its sole discretion, may require proposers to submit additional information and/or to meet in person with City personnel to clarify proposal as needed. Failure of a Proposer to specifically respond to each RFP item, or include any other information requested by the City, may be grounds for rejecting that Proposer’s proposal. For this RFP, award of a contract will not necessarily be those that set forth the lowest price; award of a contract will be made to the Proposer with the best combination of price, experience and quality of service as listed in the table below:
Evaluation Criteria General Policy Recovery facility (location, square footage, etc.) Enterprise Server Recoverability Communications Recoverability Experience Pricing Total VII.
Points 10 10 25 10 15 30 100
TERM OF CONTRACT The initial term of a contract resulting from this RFP shall be three (3) years. The City may, at its sole discretion, extend the initial term of the resulting contract under the same terms and conditions for up to three (3) additional years upon 90 days written notice prior to the ending date of the initial term or any extension thereof.
VIII.
AWARD OF CONTRACT A.
Execution of Contract A response to this RFP is an offer to contract with the City based upon the terms, conditions, service level agreement and specifications contained in the proposal submitted. A contract will be formed when ITA awards the contract to the selected proposer.
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The Proposer to whom a contract is awarded shall be required to enter into a written contract with the City of Los Angeles in a form approved by the City Attorney. This RFP and the proposal, or any part thereof, will be incorporated into and made a part of the final contract. However, the City reserves the right to further negotiate the terms of the contract with the selected Proposer. All work assigned to the Proposer under a resulting contract will be subject to available funding, and no minimum level of work or funding is guaranteed. Any contract made pursuant to this RFP must be accepted in writing by the Proposer. The Standard Provisions for City Contracts (Appendix A) will be incorporated and made part of the final contract. B.
Insurance After the award of the contract, but before work commences, the Contractor must submit proof of insurance (ACORD certificate) to the Risk Manager electronically at http://track4la.lacity.org. Insurance requirements for the services requested in this RFP are described in Exhibit 1 of the “Standard Provisions for City Contracts” (Appendix A).
C.
Payment Terms/Completed Invoices The City’s payment terms are payment within thirty (30) days. Payment may be sooner where cash discounts are offered for early payment. In no event will payment be made prior to the City’s verifying and approving: 1) the services were received; 2) the work was approved and; 3) a proper invoice has been submitted. A proper invoice shall include, but may not be limited to: 1. Contractor’s name and remittance address as listed in the contract; 2. Contractor’s Business Tax Registration Number; 3. Contract number assigned by the City; 4. Sub-purchase order number or purchase order number as issued by the City; 5. Receiving location address as listed in the sub-purchase order; 6. Receiving location City staff representative’s name and phone number; 7. Delivery date (and time, if applicable to sub-purchase order); 8. Exact service description, location of service, order quantity, unit price, total price, etc. as listed on the contract, time sheets.
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D.
Contractor Performance Evaluation At the end of the contract, the City will conduct an evaluation of the Contractor’s performance. As required by Section 10.39.2 of the Los Angeles Administrative Code, evaluations will be based on a number of criteria, including the quality of the work product or service performed, the timeliness of performance, financial issues, and the expertise of personnel that the Contractor assigns to the contract. A Contractor who receives a “Marginal” or “Unsatisfactory” rating will be provided a copy of the final City evaluation and allowed fourteen (14) calendar days to respond. The City may use the final City evaluation, and any response from the Contractor to evaluate proposals and to conduct reference checks when awarding other personal services contracts.
E.
Pre-Award Negotiations Upon receipt of the ITA General Manager’s approval for the awarding of the contract, all proposers will be sent a written notice of contract award recommendation, including the name of the successful proposer recommended for the contract award. Prior to award of a contract, the Proposer selected by the City may be required to attend negotiation meetings that may be scheduled at a later date. The intent of the meeting(s) will be to discuss and negotiate contract requirements including but not limited to, prices, service level agreements, detailed scope of work specifications, invoicing, delivery, receiving, and payment procedures.
F.
Protest All Proposers will be afforded the opportunity to protest the awarding of a contract under this RFP. Any protest must be submitted in writing to the ITA General Manager at the address shown below within fourteen (14) calendar days of the www.labavn.org electronically notifying proposers of a change in the RFP status to “bidder selected.” The procedure and time limits set forth in this paragraph are mandatory and are the Proposers’ sole and exclusive remedy in the event of a protest. Failure by a party originating a protest to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings. At a minimum, any written protest document must include the following: 1. Name, address, and telephone number of the protesting party; 2. Name and number of this RFP; 20
3. Name, address, and telephone number of the person representing the protesting party; 4. Detailed statement of the legal and factual grounds of the protest, including copies of all relevant documents. The statement must also refer to the specific portion of the documents that form the basis of the protest; 5. Request for a ruling from the ITA; and 6. Statement as to the form of relief requested. Protests and attached documentation must be sent to the following address: Steve Reneker, General Manager and CTO INFORMATION TECHNOLOGY AGENCY 200 North Main Street, Room 1400 Los Angeles, CA 90012 After the receipt of a timely written protest, the City, at its sole discretion, may require the protesting party, and/or any other Proposer to submit additional information and/or to meet in person with City personnel. The ITA General Manager or his/her designee will consider the Proposal Review Committee’s recommendation for awarding a contract, together with all timely written protests and other pertinent information, and will select the Proposer to be awarded the contract and notify all Proposers of the final selection.
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