Solicitation JP14021 IBM Hardware, Software


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State of Utah

Bid JP14021

Solicitation JP14021

IBM Hardware, Software, Maintenance & Training

Bid designation: Public

State of Utah

2/14/2014 2:27 PM

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State of Utah

Bid JP14021

Bid JP14021 IBM Hardware, Software, Maintenance & Training Bid Number   

JP14021

Bid Title   

IBM Hardware, Software, Maintenance & Training

Bid Start Date

Feb 13, 2014 2:12:17 PM MST

Bid End Date

Mar 7, 2014 11:00:00 AM MST

Question & Answer End Date

Feb 25, 2014 11:00:00 AM MST

Bid Contact   

Jennifer A Porter Purchasing Agent DAS/State Purchasing [email protected]

Bid Comments Please read all of the IFB solicitation documents to ensure you are aware and understand all requirements outlined in

this bid solicitation.  Pricing must be submitted as a separate file. Do not include pricing with the Stage 1 Technical Response. Stage 1 Technical Responses that includes pricing may be disqualified.  All questions must be submitted through BidSync. Questions submitted directly to the Purchasing Agent will not be answered. All answers will be posted in BidSync.

Item Response Form

Item    

JP14021-01-01 - JP14021 - IBM Hardware, Software, Maintenance & Training

Quantity   

1 contract

Prices are not requested for this item. Delivery Location          State of Utah No Location Specified Qty 1

Description Please read all of the IFB solicitation documents to ensure you are aware of and understand all requirements outlined in this bid solicitation. Pricing must be submitted separately. Pricing included in the Stage I Technical Response may result in disqualification. All questions must be submitted through BidSync. Questions submitted directly to the Purchasing Agent will not be answered. All answers will be posted in BidSync.   

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State of Utah

Bid JP14021

STATE OF UTAH

SOLICITATION NO. JP14021 IBM Hardware, Software, Maintenance & Training

RESPONSES DUE NO LATER THAN:

Mar 7, 2014 11:00:00 AM MST

RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO: www.bidsync.com RESPONSES MAY BE MAILED OR DELIVERED TO: State of Utah Division of Purchasing 3150 State Office Building, Capitol Hill Salt Lake City, Utah 84114-1061

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State of Utah

Bid JP14021

State of Utah Invitation for Bid State Cooperative Contract

Legal Company Name (include d/b/a if applicable)

Federal Tax Identification

State of Utah Sales Tax ID

Number

Number

Ordering Address

City

State

Zip Code

Remittance Address (if different from ordering address)

City

State

Zip Code

Type

Company Contact Person

b Corporation g c d e f g b Partnership c d e f

b Proprietorship g c d e f g b Government c d e f Telephone Number (include

Fax Number (include

area code)

area code)

Email Address

Discount Terms(for bid purposes, bid discounts less

Days Required for Delivery After Receipt of Order (see

than 30 days will not be considered)

attached for any required minimums)

Brand/Trade Name

Price Guarantee Period (see attached specifications for any required minimums)

Minimum Order

Company's Internet Web Address

The undersigned certifies that the goods or services offered are produced, mined, grown, manufactured, or performed in Utah. b No g c d e f b . If no, enter where produced, etc. c d e f Yes g Offeror's Authorized Representative's 2/14/2014 2:27 PM

Signature

Print or type name and title

Date p. 4

Utah. b No g c d e f b . If no, enter where produced, etc. c d e f Yes g Offeror's Authorized Representative's

State of Utah

Bid JP14021

Print or type name and title

Date

Date

Contract Number

Signature

State of Utah Division of Purchasing Approval

Kent Beers, Director Note: When approved and signed by the State Director of Purchasing, this document becomes the contract .

NOTICE When submitting a response (proposal, quote or bid) electronically through BidSync, it is the sole responsibility of the supplier to ensure that the response is received by BidSync prior to the closing date and time.  Each of the following  steps in BidSync MUST be completed in order to place an offer: A. Login to www.bidsync.com; B. Locate the bid (solicitation) to which you are responding; a. Click the “Search” tab on the top left of the page; b. Enter keyword or bid (solicitation) number and click “Search”; C. Click on the “Bid title/description” to open the Bid (solicitation) Information Page; D. “View and Accept” all documents in the document section; E. Select “Place Offer” found at the bottom of the page; F. Enter your pricing, notes, other required information and upload attachments to this page; G. Click “Submit” at the bottom of the page; H. Review Offer(s); and I. Enter your password and click “Confirm”. Note that the final step in submitting a response involves the supplier’s acknowledgement that the information and documents entered into the BidSync system are accurate and represent the supplier’s actual proposal, quote or bid.   This acknowledgement is registered in BidSync when the supplier clicks “Confirm”.  BidSync will post a notice that the offer has been received.  This notice from BidSync MUST be recorded prior to the closing date and time or the  response will be considered late and will not be accepted. Be aware that entering information and uploading documents into BidSync may take considerable time.  Please allow  sufficient time to complete the online forms and upload documents.  Suppliers should not wait until the last minute to  submit a response.  It is recommended that suppliers submit responses a minimum of 24 hours prior to the closing  deadline. The deadline for submitting information and documents will end at the closing time indicated in the solicitation.  All information and documents must be fully entered, uploaded, acknowledged (Confirm) and recorded  into BidSync before the closing time or the system will stop the process and the response will be considered late and will not be accepted. Responses submitted in BidSync are completely secure.  No one (including state purchasing staff) can see responses  until after the deadline.  Suppliers may modify or change their response at any time prior to the closing deadline.    However, all modifications or changes must be completed and acknowledged (Confirm) in the BidSync system prior to the deadline.  BidSync will post a notice that the modification/change (new offer) has been received.  This notice  from BidSync MUST be recorded prior to the closing date and time or the response will be considered late and will not be accepted. 2/14/2014 2:27 PM

Utah Code 46-4-402(2) Unless otherwise agreed between a sender (supplier) and the recipient (State Purchasing), an

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Kent Beers, Director State of Utah

Bid JP14021

Note: When approved and signed by the State Director of Purchasing, this document becomes the contract .

NOTICE When submitting a response (proposal, quote or bid) electronically through BidSync, it is the sole responsibility of the supplier to ensure that the response is received by BidSync prior to the closing date and time.  Each of the following  steps in BidSync MUST be completed in order to place an offer: A. Login to www.bidsync.com; B. Locate the bid (solicitation) to which you are responding; a. Click the “Search” tab on the top left of the page; b. Enter keyword or bid (solicitation) number and click “Search”; C. Click on the “Bid title/description” to open the Bid (solicitation) Information Page; D. “View and Accept” all documents in the document section; E. Select “Place Offer” found at the bottom of the page; F. Enter your pricing, notes, other required information and upload attachments to this page; G. Click “Submit” at the bottom of the page; H. Review Offer(s); and I. Enter your password and click “Confirm”. Note that the final step in submitting a response involves the supplier’s acknowledgement that the information and documents entered into the BidSync system are accurate and represent the supplier’s actual proposal, quote or bid.   This acknowledgement is registered in BidSync when the supplier clicks “Confirm”.  BidSync will post a notice that the offer has been received.  This notice from BidSync MUST be recorded prior to the closing date and time or the  response will be considered late and will not be accepted. Be aware that entering information and uploading documents into BidSync may take considerable time.  Please allow  sufficient time to complete the online forms and upload documents.  Suppliers should not wait until the last minute to  submit a response.  It is recommended that suppliers submit responses a minimum of 24 hours prior to the closing  deadline. The deadline for submitting information and documents will end at the closing time indicated in the solicitation.  All information and documents must be fully entered, uploaded, acknowledged (Confirm) and recorded  into BidSync before the closing time or the system will stop the process and the response will be considered late and will not be accepted. Responses submitted in BidSync are completely secure.  No one (including state purchasing staff) can see responses  until after the deadline.  Suppliers may modify or change their response at any time prior to the closing deadline.    However, all modifications or changes must be completed and acknowledged (Confirm) in the BidSync system prior to the deadline.  BidSync will post a notice that the modification/change (new offer) has been received.  This notice  from BidSync MUST be recorded prior to the closing date and time or the response will be considered late and will not be accepted. Utah Code 46-4-402(2) Unless otherwise agreed between a sender (supplier) and the recipient (State Purchasing), an electronic record is received when:   (a) it enters an information processing system that the recipient has designated or  uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and (b) it is in a form capable of being processed by that system. INVITATION FOR BID - INSTRUCTIONS AND GENERAL PROVISIONS STATE COOPERATIVE CONTRACT 1.  The contract resulting from this solicitation is being conducted by the Division of Purchasing and General Services  for and in behalf of all public entities in the State of Utah. 2. SUBMITTING THE BID:  (a) The Utah Division of Purchasing and General Services (DIVISION) prefers that  bids be submitted electronically.  Electronic bids may be submitted through a secure mailbox at BidSync (formerly RFP  Depot, LLC) (www.bidsync.com) until the date and time as indicated in this document.  It is the sole responsibility of the  2/14/2014 2:27 PM supplier to ensure their bid reaches BidSync before the closing date and time.  There is no cost to the supplier to submit 

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electronic record is received when:   (a) it enters an information processing system that the recipient has designated or  uses for the purpose of receiving electronic records or State information able of Utah of the type sent and from which the recipient isBid JP14021 to retrieve the electronic record; and (b) it is in a form capable of being processed by that system. INVITATION FOR BID - INSTRUCTIONS AND GENERAL PROVISIONS STATE COOPERATIVE CONTRACT 1.  The contract resulting from this solicitation is being conducted by the Division of Purchasing and General Services  for and in behalf of all public entities in the State of Utah. 2. SUBMITTING THE BID:  (a) The Utah Division of Purchasing and General Services (DIVISION) prefers that  bids be submitted electronically.  Electronic bids may be submitted through a secure mailbox at BidSync (formerly RFP  Depot, LLC) (www.bidsync.com) until the date and time as indicated in this document.  It is the sole responsibility of the  supplier to ensure their bid reaches BidSync before the closing date and time.  There is no cost to the supplier to submit  Utah’s electronic bids via BidSync.  (b) Electronic bids may require the uploading of electronic attachments.  The  submission of attachments containing embedded documents is prohibited.  All documents should be attached as separate  files.  (c)  If the supplier chooses to submit the bid directly to the DIVISION in writing:  The bid must be signed in ink,  sealed in a properly addressed envelope, and delivered to the Division of Purchasing, 3150 State Office Building, Capitol Hill, Salt Lake City, UT 84114-1061 by  the "Due Date and Time." The "Bid Number" and "Due Date" must appear on the outside of the envelope. All prices and notations must be in ink or typewritten.  Each item must be priced separately.   Unit price shall be shown and a total price shall be entered for each item bid.  Errors may be crossed out and corrections  printed in ink or typewritten adjacent and must be initialed in ink by person signing bid.  Unit price will govern, if there is  an error in the extension.  Written bids will be considered only if it is submitted on the forms provided by the DIVISION.   (d)  Bids, modifications, or corrections received after the closing time on the "Due Date" will be considered late and  handled in accordance with the Utah Procurement Rules, section R33-3-109.  (e) Facsimile transmission of bids to  DIVISION will not be considered. 3. BID PREPARATION:  (a)  Delivery time is critical and must be adhered to as specified.  (b)  Wherever in this  document an item is defined by using a trade name of a manufacturer and/or model number, it is intended that the words, "or equivalent" apply.  "Or equivalent" means any other brand that is equal in use, quality, economy and performance to  the brand listed as determined by the DIVISION.  If the supplier lists a trade name and/or catalog number in the bid, the  DIVISION will assume the item meets the specifications unless the bid clearly states it is an alternate, and describes specifically how it differs from the item specified.  All bids must include complete manufacturer s descriptive literature if quoting an equivalent product.  All products are to be of new, unused condition, unless otherwise requested in this  solicitation.  (c)  By submitting the bid the supplier certifies that all of the information provided is accurate, that they are  willing and able to furnish the item(s) specified, and that prices quoted are correct.  (d) This bid may not be withdrawn for  a period of 60 days from bid due date. 4. FREIGHT COST: Suppliers are to provide line item pricing FOB Destination Freight Prepaid.  Unless otherwise  indicated on the contract/purchase order, shipping terms will be FOB Destination Freight Prepaid.   5. SOLICITATION AMENDMENTS: All changes to this solicitation will be made through written addendum only.  Answers to questions submitted through BidSync shall be considered addenda to the solicitation documents. Bidders are cautioned not to consider verbal modifications. 6. PROTECTED INFORMATION:  Suppliers are required to mark any specific information contained in their bid  which they are claiming as protected and not to be disclosed to the public or used for purposes other than the evaluation of the bid.  Each request for non-disclosure must be made by completing the “Confidentiality Claim Form” located at: http://www.purchasing.utah.gov/contract/documents/confidentialityclaimform.doc with a specific justification explaining why the information is to be protected.  Pricing and service elements of any bid will not be considered proprietary.  All  material becomes the property of the DIVISION and may be returned only at the DIVISION's option.  Bids submitted  may to be reviewed and evaluated by any persons at the discretion of the DIVISION. 7. SAMPLES: Samples of item(s) specified in this bid, when required by DIVISION, must to be furnished free of charge to DIVISION.  Any item not destroyed by tests may, upon request made at the time the sample is furnished, be  returned at the bidder's expense. 8. AWARD OF CONTRACT:  (a) The contract will to be awarded with reasonable promptness, by written notice,  to the lowest responsible bidder that meets the specifications.  Consideration will to be given to the quality of the product (s) to be supplied, conformity to the specifications, the purpose for which required, delivery time required, discount terms and other criteria set forth in this invitation for bid.   (b)  The bids are opened publicly.  The name of each bidder and the  amount of the bid is recorded.  Each bid, and the record, is open to public inspection.  (c)  The DIVISION may accept  any item or group of items, or overall low bid.  The DIVISION has the right to cancel this invitation for bid at any time  prior to the award of contract.  (d)  The DIVISION can reject any or all bids, and it can waive any informality, or  technicality in any bid received, if the DIVISION believes it would serve the best interest of the State.  (e)  Before, or  after, the award of a contract the DIVISION has the right to inspect the bidder's premises and all business records to determine the holder's ability to meet contract requirements.  (f)  DIVISION does not guarantee to make any purchase  under awarded contract(s).  Estimated quantities are for bidding purposes only, and not to be interpreted as a guarantee to  purchase any amount.  (g)  Utah has a reciprocal preference law which will to be applied against bidders bidding products  2/14/2014 2:27 PM or services produced in states which discriminate against Utah products.  For details see Section 63G-6-404 and 63G-6-

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technicality in any bid received, if the DIVISION believes it would serve the best interest of the State.  (e)  Before, or  after, the award of a contract the DIVISION has the right inspect the bidder's premises and all business records State to of Utah Bid to JP14021 determine the holder's ability to meet contract requirements.  (f)  DIVISION does not guarantee to make any purchase  under awarded contract(s).  Estimated quantities are for bidding purposes only, and not to be interpreted as a guarantee to  purchase any amount.  (g)  Utah has a reciprocal preference law which will to be applied against bidders bidding products  or services produced in states which discriminate against Utah products.  For details see Section 63G-6-404 and 63G-6405, Utah Code Annotated.  (h)  Bid tabulations and awards are posted http://purchasing.utah.gov/vendor/bidtab.html (i) Multiple contracts may be awarded if the DIVISION determines it would be in its best interest. 9. DIVISION APPROVAL:  Purchase orders placed, or contracts written, with the State of Utah, as a result of  this bid, will not be legally binding without the written approval of the director of the DIVISION. 10. DEBARMENT:  The CONTRACTOR certifies that neither it nor its principals are presently debarred,  suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency.  If the CONTRACTOR cannot certify this statement, attach a  written explanation for review by the DIVISION. 11. ENERGY CONSERVATION AND RECYCLED PRODUCTS:  The contractor is encouraged to offer  Energy Star certified products or products that meet FEMP (Federal Energy Management Program) standards for energy consumption.  The State of Utah also encourages contractors to offer products that are produced with recycled materials,  where appropriate, unless otherwise requested in this solicitation. 12. GOVERNING LAWS AND REGULATIONS: All State purchases are subject to the Utah Procurement Code, Title 63 Chapter 56 U.C.A. 1953, as amended, and the Procurement Rules as adopted by the Utah State Procurement Policy Board.  These are available on the Internet at www.purchasing.utah.gov.   By submitting a bid or  offer, the bidder/offeror warrants that the bidder/offeror and any and all supplies, services equipment, and construction purchased by the State shall comply fully with all applicable Federal and State laws and regulations, including applicable licensure and certification requirements.   13. SALES TAX ID NUMBER:  Utah Code Annotated (UCA) 59-12-106 requires anyone filing a bid with the state for the sale of tangible personal property or any other taxable transaction under UCA 59-12-103(1) to include their Utah sales tax license number with their bid.  For information regarding a Utah sales tax license see the Utah State Tax  Commission’s website at www.tax.utah.gov/sales.  The Tax Commission is located at 210 North 1950 West, Salt Lake  City, UT 84134, and can be reached by phone at (801) 297-2200.  (Revision Date: 27 JUNE 2013 - IFB Instructions)

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State of Utah

Bid JP14021

Multi-Stage Invitation for Bid IBM Hardware, Software, Maintenance, Training, and Consulting Statewide Contract Solicitation # JP14021

PURPOSE OF MULTI-STAGE INVITATION FOR BID PROCESS The purpose of this multi-stage bid process is to enter into a contract with an authorized IBM reseller to provide IBM software, software maintenance, hardware, hardware maintenance, consulting for IBM products/solutions, and training for IBM software and hardware. This multistage bid includes, but is not limited to, the following:  IBM Hardware o Servers  System z  Power Systems  System x  BladeCenter  PureFlex System o Storage  Enterprise Storage - DS8000, XIV  Entry/Midrange - V3700, V5000, V7000, DS5000, DS4000  Virtualization - SAN Volume Controller  Flash Systems - extreme performance  Tape/Tape Library solutions  Virtual Tape solutions - TS7700, ProtecTier  IBM Software and Software Solution Services o Business Analytics o Collaboration Solutions o Industry Solutions o Information Management o Rational o Security Systems o Tivoli o WebSphere  IBM Training/Education  Consulting on all IBM products and services Bidders may respond to all of the categories identified below or may submit a single bid identifying any number of categories. Bidders must be able to sell all products/services under the category they bid on. This bid may result in contracts that include all of the products, or multiple contracts for each category. Categories are as follows:  Hardware resale, maintenance and support (includes storage)  Software resale, maintenance and support  Training/Education  Consulting

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State of Utah

Bid JP14021

It is anticipated that this bid may result in a contract award to either a single IBM authorized business partner or multiple IBM authorized business partners. The award of this bid will result in either single or multiple Statewide contracts to be used by State agencies and political subdivisions including, but not limited to, cities, counties, higher education, etc. This document is designed to provide interested bidders with sufficient basic information to submit both a technical bid and a price bid meeting minimum requirements, but is not intended to limit a technical bid's content or exclude any relevant or essential data. Bidders are at liberty and are encouraged to expand upon the specifications to evidence service capability under any agreement. BACKGROUND This bid provides a means for State of Utah agencies, and other government entities to acquire IBM software, hardware, consulting services, training, and maintenance under the resulting Statewide contract(s). All bidders must demonstrate IBM authorization to sell each of the categories their bid includes. HISTORICAL SALES FIGURES For bidding purposes only the following historical approximate sales figures are given: Fiscal Year 2011 2012 2013

Hardware/Maintenance $443,022 $205,680 $191,581

Software/Maintenance $144,883 $2,587,984 $2,600,460

Total $587,905 $2,793,664 $2,792,041

ISSUING OFFICE AND BID REFERENCE NUMBER The State of Utah Division of Purchasing is the issuing office for this document and all subsequent addenda relating to it, on behalf of the State of Utah. The reference number for the transaction is Solicitation # JP14021 This number must be referred to on all bids, correspondence, and documentation relating to the bid. SUBMITTING YOUR BID Bid must be received by the posted due date and time. Bids received after the deadline will be late and ineligible for consideration. The preferred method of receiving your bid (technical and price) is electronically through BidSync (formerly RFP Depot). However, if you choose to submit hard copies, one original and seven identical copies of your technical bid, and one copy of the price bid (submitted in a separate envelope marked “Price Bid”) must be received at the State of Utah Division of Purchasing, 3150 State Office Building, Capitol Hill, Salt Lake City, Utah 84114, prior to the closing date and time specified. Bids received after the deadline will be late and ineligible for consideration.

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State of Utah

Bid JP14021

If sending via United States Postal Services (USPS), please mail to the State of Utah Division of Purchasing, P.O. Box 141061, Salt Lake City, Utah 84114-1061. LENGTH OF CONTRACT The Contract resulting from this bid will be for a period of five years. PRICE GUARANTEE PERIOD All pricing provided on new purchases of hardware and software must be based on a minimum percent discount off government list price, which minimum percent discount must be guaranteed for the life of the contract. State Executive Branch pricing must be prorated to coincide with the State’s annual renewal of July 1. All annual maintenance pricing, including prior purchases, provided for hardware and software cannot exceed 18% of original purchase price and cannot increase more than 2% year over year and must be approved by the State. It is the vendor’s responsibility to work with IBM to verify original purchases and pricing. All pricing provided on education/training must be based on a minimum percent discount off government list price, which minimum percent discount must be guaranteed for the life of the contract. All consulting hourly rates must be all inclusive (travel, per diem, etc) and be guaranteed for the term of one year. Hourly rates cannot increase more than 2% year over year and must be approved by the State. STANDARD CONTRACT TERMS AND CONDITIONS Any contract resulting from this bid will include the State’s Standard Information Technology Terms and Conditions. QUESTIONS All questions must be submitted through BidSync. Answers will be given via the BidSync site. DISCUSSIONS WITH BIDDERS A discussion with a bidder to clarify their technical bid may be required at the sole discretion of the State after submittal of technical bids. However, the State may award a contract based on the initial technical bid received without discussion with the Bidder. If bidders are required to meet with the evaluation committee, any expenses incurred by the bidder will be at the bidder’s expense. PROTECTED INFORMATION The Government Records Access and Management Act (GRAMA), Utah Code Ann., Subsection 63-2-304, provides in part that:

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State of Utah

Bid JP14021

the following records are protected if properly classified by a government entity: (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has provided the governmental entity with the information specified in Section 63-2-308 (Business Confidentiality Claims); (2) commercial information or non-individual financial information obtained from a person if: (a) disclosure of the information could reasonably be expected to result in unfair competitive injury to the person submitting the information or would impair the ability of the governmental entity to obtain necessary information in the future; (b) the person submitting the information has a greater interest in prohibiting access than the public in obtaining access; and (c) the person submitting the information has provided the governmental entity with the information specified in Section 63-2-308; ***** (6) records the disclosure of which would impair governmental procurement proceedings or give an unfair advantage to any person proposing to enter into a contract or agreement with a governmental entity, except that this Subsection (6) does not restrict the right of a person to see bids submitted to or by a governmental entity after bidding has closed; .... GRAMA provides that trade secrets, commercial information or non-individual financial information may be protected by submitting a Claim of Business Confidentiality. To protect information under a Claim of Business Confidentiality, the offeror must: 1. provide a written Claim of Business Confidentiality at the time the information (proposal) is provided to the state, and 2. include a concise statement of reasons supporting the claim of business confidentiality (Subsection 63-2-308(1)). A Claim of Business Confidentiality may be appropriate for information such as client lists and non-public financial statements. Pricing and service elements may not be protected. An entire proposal may not be protected under a Claim of Business Confidentiality. The claim of business confidentiality must be submitted with your proposal on the form which may be accessed at: http://www.purchasing.utah.gov/contract/documents/confidentialityclaimform.doc To ensure the information is protected, the Division of Purchasing asks the offeror to clearly identify in the Executive Summary and in the body of the proposal any specific information for which an offeror claims business confidentiality protection as "PROTECTED". All materials submitted become the property of the state of Utah. Materials may be evaluated by anyone designated by the state as part of the proposal evaluation committee. Materials submitted may be returned only at the State's option.

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Bid JP14021

STAGE ONE: TECHNICAL RESPONSE General Requirement and Qualifications Vendors must be able to provide the following IBM products and services: All new IBM products and services that are released during the life of this contract will also be included in this contract. Hardware:  Servers - Vendors must be authorized IBM business partners that are certified representatives and experts at sizing, configuring, and implementing servers that can give on demand capability for mission critical applications. Vendors must provide new servers, upgrades, server consolidation implementation, high availability solutions, and server technical services. Server offerings include, but are not limited to the following: o System z - (Mainframe, zSeries) enterprise computing strength and reliability  z/OS  Linux o Power Systems - Open Platform for Choice with virtualization  IBM i OS (System i, iSeries) - integrated OS, low cost of ownership  AIX (System p, pSeries) - UNIX OS with performance/benchmark leadership  Linux o System x - Intel-based (x86) servers  Windows  Linux o BladeCenter - scalable servers (Power and/or Intel), dense design for consolidation o PureFlex System - integration by design (Power and/or Intel), built-in expertise, simplified mgmt - optimized for cloud  Storage - IBM business partner must be a certified storage specialist, a dedicated storage practice and IBM Business Partner Innovation Centers. Must have expertise across the entire IBM hardware and software storage portfolio, and can provide:  Storage virtualization planning and implementation  Storage consolidation solutions  Disaster preparedness, backup and recovery, high availability  Storage management  Data sharing  Storage security Storage offerings include, but are not limited to the following:  Enterprise Storage - DS8000, XIV  Entry/Midrange - V3700, V5000, V7000, DS5000, DS4000  Virtualization - SAN Volume Controller  Flash Systems - extreme performance  Tape/Tape Library solutions  Virtual Tape solutions - TS7700, ProtecTier IBM Software and Software Solution Services Vendors must provide software purchases, upgrades, maintenance and subscriptions for all IBM software brands and offerings. Vendors must provide application expertise to integrate business applications, provide on demand solutions and implement enterprise management strategies. Vendors must have certified professionals on all IBM brands and offerings.

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State of Utah

Bid JP14021

IBM Brands and Offerings include, but are not limited to:  Business Analytics o Business Intelligence o Predictive Analytics o Performance Management o Risk Management o Analytic Applications  Collaboration Solutions o Messaging Applications o Organizational Productivity, Portals and Collaboration o Software as a Service o Unified Communications and Collaboration o Software Development and Business Integration  Industry Solutions o B2B and Commerce o Enterprise Content Management o Enterprise Marketing Management o Smarter Cities and Financial Operations o Smarter Commerce  Information Management o Database o Big Data and Warehousing o Information Governance  Rational o Software Delivery Platform o Compilers and Modernization o Quality and Security Management o Architecture, Design and Construction o Product and Portfolio Management o Change and Configuration Management o Accelerators  Security Systems o Security Intelligence and Compliance Analytics o Identity and Access Management o Data Protection o Application Security o Infrastructure Protection  Tivoli o Asset Management o Network and Service Assurance o Security Management o Service Management o Service Request Management o Storage Management  WebSphere o Application Infrastructure o Application Integration and Connectivity o Process Innovation o Miscellaneous

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State of Utah

o

Bid JP14021

Mobile, Portal and Speech

IBM Education/Training Vendors must have access and be able to provide IBM education and training conducted by IBM or any other IBM certified provider. Consulting Vendors must be able to provide consulting on an as needed basis for any IBM hardware or software. Any consulting projects for the State Executive branch must have a signed scope of work outlining the work to be done and be signed by the Department of Technology Services Executive Director prior to any work being done. Consulting rates must be all inclusive. Consulting projects may include, but are not limited to, software/hardware assessment, implementation planning/assistance, migration planning/assistance, testing, and post-migration support. Vendors must respond to the following in their bid response for stage one by using the Vendor Technical Response Matrix included in this bid (shall not include any pricing): 1. IBM business partners must demonstrate by written documentation ability to resell the requested hardware, software, maintenance, training/education services, and consulting covered under this bid. The bid must be accompanied by a letter on IBM letterhead indicating that the business partner is an authorized business partner in good standing. The State reserves the right to contact IBM to verify any vendors standing. a. If vendors are bidding on hardware, they must be authorized IBM business partners that are certified representatives and experts at sizing, configuring, and implementing servers that can give on demand capability for mission critical applications. Vendors must provide new servers, upgrades, server consolidation implementation, high availability solutions, and server technical services. Vendors must be a certified storage specialist, a dedicated storage practice and IBM Business Partner Innovation Centers. Vendors must have expertise across the entire IBM hardware and software storage portfolio. b. If vendors are bidding on software, they must provide software purchases, upgrades, maintenance and subscriptions for all IBM software brands and offerings. Vendors must provide application expertise to integrate business applications, provide on demand solutions and implement enterprise management strategies. Vendors must have certified professionals on all IBM brands and offerings. c. Vendors must have access and be able to provide IBM education and training conducted by IBM or any other IBM certified provider. d. If vendors are bidding on consulting, they must be able to provide consulting on an as needed basis for any IBM hardware or software. Any consulting projects for the State Executive branch must have a signed scope of work outlining the work to be done and be signed by the Department of Technology Services Executive Director prior to any work being done. Consulting rates must be all inclusive. Consulting projects may include, but are not limited to, software/hardware assessment, implementation planning/assistance, migration planning/assistance, testing, and post-migration support. All consultants must be able to pass a background check.

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Bid JP14021

2. IBM business partners must demonstrate by written documentation participation as a Value Advantage Plus (VAP) IBM business partner. Vendors must be a VAP for every category that is bid on. 3. All Vendors must indicate their acceptance of the State of Utah Standard Information Technology Terms and Conditions which are included in this bid as Attachment A. Any disagreement or changes to the State of Utah’s Standard Information Technology Terms and Conditions will not be accepted and may result in rejection of a bid. 4. Vendor Terms and Conditions and agreements will not be considered or agreed to. Submission of vendor terms does not constitute acceptance of those terms by the State and may result in rejection of a bid. 5. Vendors are required to demonstrate the process for reporting purchases of software, hardware, consulting, maintenance, and training support to IBM after such purchases are made by purchasing agencies for coverage. A written order confirmation must be received within 24 hours of a purchase order being received. All orders being sent to IBM must indicate the appropriate IBM customer number for the purchasing agency. 6. Vendors must demonstrate the ordering process the State will need to follow in requesting IBM products and services. Vendors must be able to accept emailed purchase orders and must agree not to accept any orders for any Executive Branch agency unless it is sent via purchase order by the Department of Technology Services. 7. Vendors must agree to the following pricing guarantees for each category they are bidding on: a. All pricing provided on new purchases of hardware and software must be based on a minimum percent discount off government list price, which minimum percent discount must be guaranteed for the life of the contract. State Executive Branch pricing must be prorated to coincide with the State’s annual renewal of July 1. b. All annual maintenance pricing, including prior purchases, provided for hardware and software cannot exceed 18% of original purchase price and cannot increase more than 2% year over year and must be approved by the State. It is the vendor’s responsibility to work with IBM to verify original purchases and pricing. c. All pricing provided on education/training must be based on a minimum percent discount off government list price, which minimum percent discount must be guaranteed for the life of the contract. d. All consulting hourly rates must be all inclusive (travel, per diem, etc) and be guaranteed for the term of one year. Hourly rates cannot increase more than 2% year over year and must be approved by the State. 8. Vendors must agree to accept responsibility for billing the purchasing agencies on an individual basis in a timely manner. Invoices must be received within 30 days of the product or service delivery. Please provide any prompt payment discounts available to the State. The State must receive all invoices by July 15 for any products or services delivered to the State Executive Branch during the State’s fiscal year, which runs July 1-

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State of Utah

Bid JP14021

June 30. All invoices for the State Executive Branch agencies must include the purchase order number and contract number as well as timesheets and progress reports for any consulting services being invoiced. 9. Vendors must submit a list of personnel and their contact information, including job title that would be assigned to work with the contract, if awarded. This list must include at least one inside dedicated sales person assigned to work with the State of Utah and other Utah political subdivisions A primary outside account representative must also be named including workplace location. If the primary outside account representative does not reside within the State of Utah, the vendors must agree to make on-site sales calls to Utah customers using the resulting contract on at least a quarterly basis each calendar year if needed. All costs associated with sales calls is the responsibility of the vendors and may not be passed along to the State. 10. Vendors must submit a problem escalation procedure list including all individuals with their corresponding contact information. 11. Vendors must submit references for at least 3 customers, preferably governmental entities, of similar size to the State of Utah government. References must submit the form in attachment C directly to the State in order to be considered responsive. The vendor is responsible to ensure these are submitted before the bid closes. 12. A vendor managed website for ordering and viewing, including vendor provided services is mandatory. Include information describing vendor electronic services including websites. Vendors must provide a working link to their website. 13. Vendors must include number of years in business as an IBM authorized reseller. 14. Vendors must provide the business hours and contact information for technical support of IBM hardware and software. 15. Vendors must include description of your company’s skills and ability to provide consulting services for the products identified. 16. Vendors must include description of your company’s skills and ability to provide education/training for the products identified. If vendors cannot provide the training directly, the names of the companies providing the training must be noted in the bid response. All companies and trainers must be certified to provide IBM training. 17. Vendors must agree to notify the State of any changes to IBM licensing models for products purchased 60 days prior to the change. 18. Vendors must agree to return an answer on all requests within 5 business days. 19. Vendors must agree to include all shipping costs on quotes (if applicable). Shipping costs not included on a quote will not be paid.

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State of Utah

Bid JP14021

20. Vendor understands that the State reserves the right to contact and work with IBM in regards to any IBM product or service including, but not limited to, pricing, installation, maintenance, renewals etc. 21. Vendors must allow the State the option to pre-pay maintenance for multiple years. 22. Vendors must agree not to complete any consulting work for any Executive Branch agency prior to 1) a scope of work being signed by the Department of Technology Services Executive Director, 2) a purchase order being issued, and 3) the consultant completing a background check. Scope of works will include detailed project and consultant requirements. The State reserves the right to interview and conduct a skills test for any consultants submitted to complete the work and to reject and require a new consultant be submitted if a consultant fails to meet the State’s requirements. If at any time, a consultant cannot complete the work outlined in the scope of work, the State reserves the right to request a new consultant to complete the work. Third party consultants may not be used. A contract amendment is not required to include said scope of works. 23. Vendors must agree to coordinate with the State to ensure the correct quantity of software licenses are purchased for any solution presented by the vendor that is implemented at the State so that the State remains compliant. 24. The State and political subdivisions will be required to execute an IBM end user agreement for products and services included in this bid if they have not already done so. These end user agreements will be negotiated by each agency/political subdivision in conjunction with their legal counsel. The vendor must agree to assist the State and political subdivisions with these agreements as needed. No additional vendor terms and conditions will be allowed. 25. Describe your company's financial stability and economic capability to perform the contract requirements. Provide your company's financial statements (audited, if available) for the past three fiscal years. Financial statements must include the company's Balance Sheet and Income Statement or Profit/Loss Statements. Also include a Dun & Bradstreet comprehensive report, if available. If your company is a publicly traded company, please provide a link to your financial records on your company website in lieu of providing hardcopies. The State reserves the right to request additional information it deems necessary to evaluate a vendor's financial capability and to request financials at any time during the life of the contract. STAGE TWO: PRICE BID Price will be evaluated independently from the requirements and qualifications bid. Only those firms who have been determined as “acceptable” during the requirements and qualifications evaluation (stage one) will be considered under the price evaluation (stage two). Please enumerate all costs on the attached Price Bid Form. The Price Bid Form must be submitted in a separate file. Do not include any pricing in the Stage One technical response. See the form listed below. Award will be made to the lowest bid from the firms determined to have submitted a requirements and qualifications acceptable bid. 1. See Attachment D – Price Bid Form.

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State of Utah

Bid JP14021

PROPOSAL RESPONSE FORMAT All bids must be organized as follows: Technical Response (Separate Document) 1. Bid Form. The State’s Invitation to Bid form completed and signed. 2. Executive Summary. The one or two page executive summary is to briefly describe the bidder's ability to meet bid requirements. This summary should highlight the major features of the bid. It must indicate any requirements that cannot be met by the bidder. The reader should be able to determine the essence of the bid by reading the executive summary. Proprietary information requests should be identified in this section. 3. Detailed Response. This section should constitute the major portion of the bid. The technical response form (attachment B) must be used. Any additional items required (letters, certificates, etc.) will be noted for each technical requirement. Technical responses must contain at least the following information: A) A complete narrative of the bidder's assessment of the requirements to be performed, the bidder’s ability and approach, and the resources necessary to fulfill the requirements. This should demonstrate the bidder's understanding of the desired overall performance expectations. Clearly indicate any options or alternatives proposed. B) A specific point-by-point response, in the order listed, to each requirement in the bid. 4. Price Bid. To be submitted as outlined above. BID REQUIREMENTS EVALUATION CRITERIA Each area of the evaluation criteria must be addressed in detail in the requirements and qualifications bid. A committee will evaluate bids and score each criterion as either:  Acceptable – Criterion is met.  Potentially Acceptable – Clarification from bidder is required to determine if the criterion is met; or evaluators believe that the bidder has the capability to meet the criterion by modifying their technical bid.  Unacceptable – Criterion is not met, nor is the bidder capable of meeting the criteria.

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State of Utah

Bid JP14021

ATTACHMENT D - PRICE BID FORM

Multi-Stage Bid IBM Hardware, Software, Maintenance, Training, and Consulting Statewide Contract Solicitation # JP14021 Bidder Name:__

________________________________________________________

1. IBM pricing level and additional discount level for products: Vendors must complete each section below for every category being bid on. Category

Description

Pricing Level

Percentage off the GOV List Price

Software

New Software Software Maintenance

% %

Hardware

New Hardware Hardware Maintenance

% %

Education/Training Education/Training 2.

%

Consulting Pricing: If bidding on the consulting category, vendors must provide hourly rates for the following:

Consulting Hourly Rate Expert Project/Engagement Manager Sr. Project/Engagement Manager Expert IT Business Analyst/Architect Sr. IT Business Analyst/Architect Expert Process Improvement Analyst Sr. Process Improvement Analyst Expert Subject Matter Expert Sr. Subject Matter Expert *Consulting hourly rates must be all inclusive

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State of Utah

Bid JP14021

Multi-Stage Bid IBM Hardware, Software, Maintenance, Training, and Consulting Statewide Contract Solicitation # JP14021 Firm Name: Evaluator: Date:

STAGE 1 _________________________ _________________________ _________________________ Check One (To be completed by evaluator – This is a State internal document) Acceptable

Potentially Acceptable

Unacceptable

Notes

1. IBM Business Partner in Good standing 2. IBM Value Advantage Partner (VAP) 3. Utah terms acceptance 4. Vendor submitted terms 5. Purchase reporting process to IBM 6. Order processing 7. Pricing guarantees 8. Timely billing to individual agencies 9. Personnel list and designated sales personnel 10. Problem escalation list 11. References 12. Vendor website and electronic services 13. Years as reseller 14. Technical Support contacts and hours 15. Consulting skills/ability 16. Education/Training skills/ability 17. Licensing model change notifications 18. Request response time 19. Shipping costs on quotes 20. Contact IBM directly 21. Ability to pre-pay maintenance 22. Consulting requirements 23. Licensing for solution implementation 24. Assistance with IBM end user agreements 25. Vendor financials

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State of Utah

Bid JP14021

ATTACHMENT A STATE OF UTAH STANDARD INFORMATION TECHNOLOGY TERMS AND CONDITIONS (FOR COOPERATIVE CONTRACTS WITH AN IT COMPONENT) 1.

AUTHORITY: Provisions of this contract are pursuant to the authority set forth in 63G-6a, Utah Code, as amended, Utah State Procurement Rules (Utah Administrative Code Section R33), and related statutes which permit the State to purchase certain specified services, and other approved purchases for the State.

2.

CONTRACT JURISDICTION, CHOICE OF LAW, AND VENUE: The provisions of this contract shall be governed by the laws of the State of Utah. The parties will submit to the jurisdiction of the courts of the State of Utah for any dispute arising out of this Contract or the breach thereof. Venue shall be in Salt Lake City, in the Third Judicial District Court for Salt Lake County.

3.

LAWS AND REGULATIONS: The Contractor and any and all supplies, services, equipment, and construction furnished under this contract will comply fully with all applicable Federal and State laws and regulations, including applicable licensure and certification requirements.

4.

RECORDS ADMINISTRATION: The Contractor shall maintain, or supervise the maintenance of all records necessary to properly account for the payments made to the Contractor for costs authorized by this contract. These records shall be retained by the Contractor for at least four years after the contract terminates, or until all audits initiated within the four years, have been completed, whichever is later. The Contractor agrees to allow State and Federal auditors, and State Agency Staff, access to all the records to this contract, for audit and inspection, and monitoring of services. Such access will be during normal business hours, or by appointment.

5.

CERTIFY REGISTRATION AND USE OF EMPLOYMENT "STATUS VERIFICATION SYSTEM”: The Status Verification System, also referred to as “E-verify”, only applies to contracts issued through a Request for Proposal process, and to sole sources that are included within a Request for Proposal. It does not apply to other types of procurement processes, including but not limited to Invitation for Bids or to Multiple Stage Bids. 1. Status Verification System (1) Each offeror and each person signing on behalf of any offeror certifies as to its own entity, under penalty of perjury, that the named Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of the contractor’s new employees that are employed in the State of Utah in accordance with applicable immigration laws including UCA Section 63G-12-302. (2) The Contractor shall require that the following provision be placed in each subcontract at every tier: “The subcontractor shall certify to the main (prime or general) contractor by affidavit that the subcontractor has verified through the Status Verification System the employment status of each new employee of the respective subcontractor, all in accordance with applicable immigration laws including UCA Section 63G-12-302 and to comply with all applicable employee status verification laws. Such affidavit must be provided prior to the notice to proceed for the subcontractor to perform the work.” (3) The State will not consider a proposal for award, nor will it make any award where there has not been compliance with this Section. (4) Manually or electronically signing the Proposal is deemed the Contractor’s certification of compliance with all provisions of this employment status verification certification required by all applicable status verification laws including UCA Section 63G-12-302. 2. Indemnity Clause for Status Verification System (1) Contractor (includes, but is not limited to any Contractor, Design Professional, Designer or Consultant) shall protect, indemnify and hold harmless, the State and its officers, employees, agents, representatives and anyone that the State may be liable for, against any claim, damages or liability arising out of or resulting from violations of the above Status Verification System Section whether violated by employees, agents, or contractors of the following: (a) Contractor; (b) Subcontractor at any tier; and/or (c) any entity or person for whom the Contractor or Subcontractor may be liable. (2) Notwithstanding Section 1. above, Design Professionals or Designers under direct contract with the State shall only be requir ed to indemnify the State for a liability claim that arises out of the design professional's services, unless the liability claim arises from the Design Professional's negligent act, wrongful act, error or omission, or other liability imposed by law except that the design professional shall be required to indemnify the State in regard to subcontractors or subconsultants at any tier that are under the direct or indirect control or responsibility of the Design Professional, and includes all independent contractors, agents, employees or anyone else for whom the Design Professional may be liable at any tier.

6.

CONFLICT OF INTEREST: Contractor represents that none of its officers or employees are officers or employees of the State of Utah, unless disclosure has been made in accordance with 67-16-8, Utah Code, as amended.

7.

CONFLICT OF INTEREST WITH STATE EMPLOYEES: In addition to the provisions of State of Utah Terms and Conditions # 6, Conflict of Interest, the Contractor certifies that no person in the State’s employment, directly or through subcontract, wil l receive any private financial interest, direct or indirect, in the contract. The Contractor will not hire or subcontract with any person having such conflicting interest.

8. CONTRACTOR, AN INDEPENDENT CONTRACTOR: The Contractor shall be an independent contractor, and as such, shall have no authorization, express or implied, to bind the State to any agreements, settlements, liability, or understanding whatsoever, and agrees not to perform any acts as agent for the State, except as herein expressly set forth. Compensation stated herein shall be the total amount payable to the Contractor by the State. The Contractor shall be responsible for the payment of all income tax and social security amounts due as a

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result of payments received from the State for these contract services. Persons employed by the State and acting under the direction of the State shall not be deemed to be employees or agents of the Contractor. 9.

CONTRACTOR ACCESS TO SECURE STATE FACILITIES, DATA, AND TECHNOLOGY / CRIMINAL CONVICTION INFORMATION / FORMER FELONS: Contractors will be responsible to comply with applicable political subdivision policies regarding Federal background checks. For State Agencies, any agents or employees, and the agents and employees of a subcontractor (if any) are required to complete federal criminal background check, in accordance with DTS Policy 2000-0014 Background Investigations, if they will A) enter upon secure premises controlled, held, leased, or occupied by the State, B) have access to, maintain, or develop any hardware, software, firmware, or any other technology, that is used by the State, or C) have access to or receive any State data, during the course of performing this contract. A federal criminal background check may be completed by the Contractor (at its own expense) and the results provided to the State, or the Contractor may provide the State with sufficient personal information (at its own expense) so that one may be completed by the State, at State expense. Contractor will provide results of said background checks before work is started by the agent or employee and said background check must have been completed within the two years prior to the contract effective date. The Contractor will notify the State of any negative results (such as conviction of a felony) found during the agent or employee's background check. The State reserves the right to conduct additional background checks on agents or employees whose provided background checks were deemed out of compliance with State standards. If an additional background check is needed, the Contractor will provide the State with sufficient personal information (at its own expense) for a federal criminal background check to be completed, at State expense, on such personnel by the State. “Sufficient personal information” about its agents or employees, and the agents and employees of its subcontractors (if any) means for the Contractor to provide to the State Project Manager, in advance of any work, a list of the full names of the designated employees, including their social security number, driver license number and the state of issuance, and their birth date. Thereafter, one week prior to starting work, each contractor employee shall be fingerprinted by the State, and the State is authorized to conduct a federal criminal background check based upon those fingerprints and personal information provided. The State will use this same information to complete a Name Check in the Utah Criminal Justice Information System (USJIS) every two years and reserves the right to revoke any access or security rights granted in the event of any negative results. Contractor, in executing any duty or exercising any right under this contract, shall not cause or permit any of its agents or employees, and the agents and employees of its subcontractors (if any) who have been convicted of a felony and misdemeanors other than minor misdemeanors to A) enter upon secure premises controlled, held, leased, or occupied by the State, B) have access to, maintain, or develop any hardware, software, firmware, or any other technology, that is used by the State, or C) have access to or receive any State data. A felony and misdemeanor are defined by the jurisdiction of the State of Utah, regardless of where the conviction occurred. Upon request, DTS agrees to provide Contractor with a copy of the latest version of the DTS Policy 2000-0014 Background Investigations.

10. DRUG-FREE WORKPLACE: When applicable, the Contractor agrees to abide by the drug-free workplace policies of the State (includes state agencies or political subdivisions) while on State premises. State will provide the Contractor with a copy of these written “drug-free workplace policies” upon request. 11. CODE OF CONDUCT: If Contractor is working at facilities controlled by the State, Contractor agrees to follow and enforce the Code of Conduct Policy of the State, if applicable, when Contractor is providing services at these facilities under provisions of this contract. The Contractor will assure that each employee or volunteer under Contractor’s supervision receives a copy of such Code of Conduct, and a signed statement to this effect must be in each Contractor or Subcontractor employee’s/volunteer’s file and is subject to ins pection and review by the State’s monitors. Upon request, State agrees to provide Contractor with a copy of any applicable codes of conduct 12. INDEMNITY CLAUSE: The Contractor agrees to indemnify, save harmless, and release the State of Utah and the respective political subdivisions and all their officers, agents, volunteers, and employees from and against any and all loss, damages, injury, liability, suits, and proceedings arising out of the performance of this contract which are caused in whole or in part by the acts or negligence of the Contractor's officers, agents, volunteers, or employees, but not for claims arising from the State's sole negligence. The parties agree that if there are any Limitations of the Contractor’s Liability, including a limitation of liability for anyone for whom the Contractor is responsible, such Limitations of Liability will not apply to injuries to persons, including death, or to damages to property. 13. EMPLOYMENT PRACTICES CLAUSE: The Contractor agrees to abide by the provisions of Title VI and VII of the Civil Rights Act of 1964 (42USC 2000e) which prohibits discrimination against any employee or applicant for employment or any applicant or recipient of services, on the basis of race, religion, color, or national origin; and further agrees to abide by Executive Order No. 11246, as amended, which prohibits discrimination on the basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age; and Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabilities. Also, the Contractor agrees to abide by Utah's Executive Order, dated December 13, 2006, which prohibits sexual harassment in the work place. 14. SEVERABILITY: If any provision of this contract is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected; and the rights and obligations of the parties will be construed and enforced as if the contract did not contain the particular provision held to be invalid. 15. RENEGOTIATION OR MODIFICATIONS: The terms of this contract will not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of the State Director of Purchasing. Automatic renewals will not apply to this contract. 16. DEBARMENT: The Contractor certifies that neither it nor its principals are presently or have ever been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract), by any governmental department or

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agency. If the Contractor cannot certify this statement, attach a written explanation for review by the State. The Contractor must notify the State Director of Purchasing within 30 days if debarred by any governmental entity during the Contract period. 17. TERMINATION: Unless otherwise stated in the solicitation, this contract may be terminated, with cause by either party, in advance of the specified termination date, upon written notice being given by the other party. The party in violation will be given ten (10) working days after notification to correct and cease the violations, after which the contract may be terminated for cause. This contract may be terminated without cause, in advance of the specified expiration date, by either party, upon sixty (60) days prior written notice being given the other party. On termination of this contract, all accounts and payments will be processed according to the financial arrangements set fort h herein for approved services rendered to date of termination. In the event of such termination, and professional services apply to the contract; the Contractor shall be compensated for services properly performed under this Contract up to the effective date of the notice of termination. The Contractor agrees that in the event of such termination for cause or without cause, Contractor’s sole remedy and monetary recovery from the State is limited to full payment for all work properly performed as authorized under this Contract up to the date of termination as well as any reasonable monies owed as a result of the Contractor having to terminate contracts necessarily and appropriately entered into by the Contractor pursuant to this Contract. Contractor further acknowledges that in the event of such termination, all work product, which includes but is not limited to all manuals, forms, contracts, schedules, reports, and any and all documents produced by Contractor under this Contract up to the date of termination are the property of the State and shall be promptly delivered to the State. 18. SUSPENSION OF WORK: Should circumstances arise which would cause the State to suspend the work, but not terminate the contract, this will be done by formal notice. The work may be reinstated upon advance formal notice from the State. 19. NONAPPROPRIATION OF FUNDS, REDUCTION OF FUNDS, OR CHANGES IN LAW: 1. Upon thirty (30) days written notice delivered to the Contractor, this contract may be terminated in whole or in part at the sole discretion of the State, if the State reasonably determines that a change in Federal or State legislation or applicable laws materially affects the ability of either party to perform under the terms of the contract. 2. Upon thirty (30) days written notice delivered to the Contractor, this contract may be terminated in whole or in part, or have the services and purchase obligations of the State proportionately reduced, at the sole discretion of the State, if the State reasonably determines that a change in available funds affects the State’s ability to pay under the contract. A change of available funds as used in this paragraph, includes, but is not limited to, a change in Federal or State funding, whether as a result of a legislative act or by order of the President or the Governor. 3. If a notice is delivered under paragraph 1 or 2 of this Section 14 “NONAPPROPRIATION OF FUNDS, REDUCTION OF FUNDS, OR CHANGES IN LAW,” the State will reimburse the Contractor for products properly delivered or services properly performed up until the effective date of said notice. The State will not be liable for any performance, commitments, penalties, or liquidated damages that accrue after the effective date of said notice. 4. Notwithstanding any other paragraph or provision of this Section 14 “NONAPPROPRIATION OF FUNDS, REDUCTION OF FUNDS, OR CHANGES IN LAW,” if the State in said notice to the Contractor indicates that the Contractor is to immediately cease from placing any orders or commitments with suppliers, subcontractor or other third parties, the Contractor shall immediately cease such orders or commitments upon receipt of said notice and the State shall not be liable for any such orders or commitments made after the receipt of said notice. 20. SALES TAX EXEMPTION: Bid/proposal prices will be exclusive of state sales, use and federal excise taxes. The State of Utah’s sales and use tax exemption number is 11736850-010-STC, located at http://purchasing.utah.gov/contract/documents/salestaxexemptionformsigned.pdf. The tangible personal property or services being purchased are being paid from State funds and used in the exercise of that entity’s essential functions. If the items being purchased are construction materials, they will be converted into real property by employees of this government entity, unless otherwise stated in the contract, or contract orders. The State of Utah’s Federal excise exemption number is 87-780019K. 21. WARRANTY: The Contractor agrees to warrant and assume responsibility for all products (including hardware, firmware, and/or software products) that it licenses, contracts, or sells to the State of Utah under this contract for a period of one year, unless oth erwise specified and mutually agreed upon elsewhere in this contract. The Contractor (seller) acknowledges that all warranties granted to the buyer by the Uniform Commercial Code of the State of Utah apply to this contract. Product liability disclaimers and/or warranty disclaimers from the seller are not applicable to this contract unless otherwise specified and mutually agreed upon elsewhere in this contract. In general, the Contractor warrants that: (1) the product will do what the salesperson said it would do, (2) the product will live up to all specific claims that the manufacturer makes in their advertisements, (3) the product will be suitable for the ordinary purposes for which such product is used, (4) the product will be suitable for any special purposes that the State has relied on the Contractor’s skill or judgment to cons ider when it advised the State about the product, (5) the product has been properly designed and manufactured, and (6) the product is free of significant defects or unusual problems about which the State has not been warned. Remedies available to the State include the following: The Contractor will repair or replace (at no charge to the State) the product whose nonconformance is discovered and made known to the Contractor in writing. If the repaired and/or replaced product proves to be inadequate, or fails of its essential purpose, the Contractor will refund the full amount of any payments that have been made. Nothing in this warranty will be construed to limit any rights or remedies the State of Utah may otherwise have under this contract.

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22. SECURE PROTECTION AND HANDLING OF DATA: 1.

Network Security: Contractor agrees at all times to maintain network security that - at a minimum - includes: network firewall provisioning, intrusion detection, and regular third party penetration testing. Likewise Contractor agrees to maintain network security that conforms to one of the following: a.

Those standards the State of Utah applies to its own network, found outlined in DTS Policy 5000-0002 Enterprise Information Security Policy (copy available upon request)

b.

Current standards set forth and maintained by the National Institute of Standards and Technology, includes those at: http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-53r4.pdf; or

c.

Any generally recognized comparable standard that Contractor then applies to its own network and approved by DTS in writing.

2.

Data security: Contractor agrees to protect and maintain the security of the State of Utah data with protection that is at least as good as or better than that maintained by the State of Utah. These security measures included but are not limited to maintaining secure environments that are patched and up to date with all appropriate security updates as designated, (ex. Microsoft Notification).

3.

Data Transmission: Contractor agrees that any and all transmission or exchange of system application data with the State of Utah and/or any other parties expressly designated by the State of Utah, shall take place via secure means, (ex. HTTPS or FTPS).

4.

Data Storage: Contractor agrees that any and all State of Utah data will be stored, processed, and maintained solely on designated target servers approved of by the State and that no State of Utah data at any time will be processed on or transferred to any portable or laptop computing device or any portable storage medium, unless such medium is part of the Contractor's designated backup and recovery process.

5.

Data Encryption: Contractor agrees to store all State of Utah backup data as part of its designated backup and recovery process in encrypted form, using no less than 128 bit key.

6.

Password Protection. Contractor agrees that any portable or laptop computer that has access to a State of Utah network, or stores any non-public State of Utah data is equipped with strong and secure password protection.

7.

Data Re-Use: Contractor agrees that any and all data exchanged shall be used expressly and solely for the purpose enumerated in this Contract. Contractor further agrees that no State of Utah data of any kind shall be transmitted, exchanged or otherwise passed to other Contractors or interested parties except on a case-by-case basis as specifically agreed to in writing by the State.

8.

Data Destruction: The Contractor agrees that upon termination of this Agreement it shall erase, destroy, and render unreadable all State of Utah data from all non-state computer systems and backups, and certify in writing that these actions have been completed within 30 days of the termination of this Agreement or within 7 days of the request of the State, whichever shall come first.

23. NOTIFICATION AND DATA BREACHES: Contractor agrees to comply with all applicable laws that require the notification of individuals in the event of unauthorized release of personally-identifiable information or other events requiring notification in accordance with policies of the State. For State agencies, the DTS Policy 5000-0002 Enterprise Information Security Policy (copy available upon request) will apply. In the event of a data breach of any Contractor's security obligations or other event requiring notification under applicable law (Utah Code § 13-44-101 thru 301 et al), Contractor agrees at its own expense to assume responsibility for informing all such individuals in accordance with applicable laws and to indemnify, hold harmless and defend the State of Utah against any claims, damages, or other harm related to such Notification Event. 24. CHANGE MANAGEMENT: When services are performed for State agencies, Contractor agrees to comply with the Change Management Policy 4000-0004 of the Department of Technology Services (DTS). This DTS policy requires that any work performed by the Contractor that has the potential to cause any form of outage, or modify the State’s infrastructure architecture must first be reviewed by the DTS Change Management Committee, and coordinated accordingly. The DTS Project Manager will inform the Contractor if this change control requirement is applicable. Following this notification, any failure by the Contractor that causes outages or data security breaches caused by the Contractor as a direct result of failure to comply, will result in the Contractor’s liability for the damages. Upon request, DTS agrees to provide Contractor with a copy of the latest version of DTS Change Management Policy 4000-0004. 25. PUBLIC INFORMATION: Contractor agrees that the contract, related Sales Orders, and Invoices will be public documents, and may be available for distribution. Contractor gives the State express permission to make copies of the contract, related Sales Orders, and Invoices in accordance with the State of Utah Government Records Access and Management Act (GRAMA). Except for sections identified in writing and expressly approved by the State Division of Purchasing, Contractor also agrees that the Contractor’s response to the soli citation will be a public document, and copies may be given to the public under GRAMA laws. The permission to make copies as noted will take precedence over any statements of confidentiality, proprietary information, copyright information, or similar notation.

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26. CREDITING STATE IN ADVERTISING / PUBLICITY: Any publicity given to the project or services provided herein shall identify the State of Utah’s managing agency as the sponsoring agency and shall not be released without prior written approval by that State agency’s Project Manager. 27. STATE AGENCY WEB SITE BRANDING: The Contractor agrees to use the State logo, or a newer version if replaced in the future, on websites produced under terms of this contract, if requested by State. 28. DELIVERY: The prices proposed will be the delivered price to any state agency or political subdivision. Unless otherwise specified in this contract, all deliveries will be F.O.B. destination with all transportation and handling charges paid by the Contractor. Responsibility and liability for loss or damage will remain with Contractor until final inspection and acceptance when responsibility will pass to the State except as to latent defects, fraud and Contractor's warranty obligations. The minimum shipment amount, if any, will be listed in the Contract. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an order to be shipped without transportation charges that is back ordered will be shipped without transportation charges. 29. ORDERING AND INVOICING: Orders will be placed by the using agencies directly with the Contractor. All orders will be shipped promptly in accordance with the delivery schedule. The Contractor will promptly submit invoices (within 30 days of shipment or delivery of services) to the State. The State contract number and/or the agency purchase order number shall be listed on all invoices, freight tickets, and correspondence relating to the contract order. The prices paid by the State will be those prices listed in the contract. The State has the right to adjust or return any invoice reflecting incorrect pricing. 30. PROMPT PAYMENT DISCOUNT: Offeror may quote a prompt payment discount based upon early payment; however, discounts offered for less than 30 days will not be considered in making the award. Contractor shall list Payment Discount Terms on invoices. The prompt payment discount will apply to payments made with purchasing cards and checks. The date from which discount time is calculated will be the date a correct invoice is received or receipt of shipment, whichever is later; except that if testing is performed, the date will be the date of acceptance of the merchandise. 31. FIRM PRICES: Unless otherwise stated in the special terms and conditions, for the purpose of award, offers made in accordance with this solicitation must be good and firm for a period of ninety (90) days from the date of bid/proposal opening. 32. PRICE GUARANTEE, ADJUSTMENTS: The contract pricing resulting from this bid/proposal will be guaranteed for the period specified. Following the guarantee period, any request for price adjustment must be for an equal guarantee period, and must be made at least 30 days prior to the effective date. Requests for price adjustment must include documentation supporting the request and demonstrating a logical mathematical link between the current price and the proposed price. Any adjustment or amendment to the contract will not be effective unless approved by the State Director of Purchasing. The STATE will be given the immediate benefit of any decre ase in the market, or allowable discount. 33. PAYMENT: 1. Payments are normally made within 30 days following the date the order is delivered or the date a correct invoice is received, whichever is later. After 60 days from the date a correct invoice is received by the appropriate State official, the Contractor may assess intere st on overdue, undisputed account charges up to a maximum of the interest rate paid by the IRS on taxpayer refund claims, plus two percent, computed similarly as the requirements of Utah Code Section 15-6-3. The IRS interest rate is adjusted quarterly, and is applied on a per annum basis, on the invoice amount that is overdue. 2. The contract total may be changed only by written amendment executed by authorized personnel of the parties. Unless otherwise stated in the Contract, all payments to the Contractor will be remitted by mail, electronic funds transfer, or the State of Utah’s purchasing card (major credit card). The State of Utah will not allow the Contractor to charge end users electronic payment fees of any kind. 3. The acceptance by the Contractor of final payment without a written protest filed with the State within ten (10) working days of receipt of final payment shall release the State from all claims and all liability to the Contractor for fees and costs of the perfor mance of the services pursuant to this Contract. 4. Notice: Wherever under this contract one party is required to give formal notice to the other, such notice shall be deemed gi ven upon receipt of electronic mail and e-mail attachments. 5. Overpayment: The Contractor agrees that if during or subsequent to the contract performance, a CPA audit, or a State agency audit determines that payments were incorrectly reported or paid the State may adjust the payments. The Contractor shall, upon written request, immediately refund to State any such overpayments. The Contractor further agrees that the State shall have the right to withhold any or allsubsequent payments under this or other contracts that the Contractor may have with the State until recoupment of overpayment is made. 6. Payment withholding: the Contractor agrees that the adequate reporting, record keeping, and compliance requirements specified in this contract are a material element of performance and that if the Contractor’s record keeping practices, compliance, and/or reporting to State are not conducted in a timely and satisfactory manner, State may withhold part or all payments under this or any other contract until such deficiencies have been remedied. This includes, but is not limited to, Contractors failure to provide timely invoicing, and/or other requirements described elsewhere within this contract. In the event of the payment(s) being withheld, State agrees to provide ten (10) day advance Notice to the Contractor of the deficiencies that must be corrected in order to bring about the release of withheld

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payment. Contractor shall have ten (10) days thereafter to correct the cited reporting or record keeping practice deficiencies or the contract may be terminated. 34. PATENTS, COPYRIGHTS, ETC.: The Contractor will release, indemnify and hold the State, its officers, agents and employees harmless from liability of any kind or nature, including the Contractor's use of any copyrighted or un-copyrighted composition, secret process, patented or un-patented invention, article or appliance furnished or used in the performance of this contract. 35. COPYRIGHT: The contractor agrees that any and all Deliverables prepared for the State of Utah as required by this contract, to the exten t to which it is eligible under copyright law in any country, shall be deemed a work made for hire, such that all rights, title and interest in the work and Deliverables shall be exclusively owned by the State of Utah. State of Utah reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use for Federal or State Government purposes, such software, modifications and documentation. To the extent any Deliverable is deemed not to be, for any reason whatsoever, work made for hire, Contractor agrees to assign and hereby assigns all right title and interest, including but not limited to copyright patent, t rademark and trade secret, to such Deliverables, and all extensions and renewals thereof, to the State of Utah. Contractor further agrees to provide all assistance reasonably requested by the State of Utah in the establishment, preservation, and enforcement of its rights in such Deliverables, without any additional compensation to Contractor. Contractor agrees to and hereby, to the extent permissible, waives all legal and equitable rights relating to the Deliverables, including without limitation any and all rights of identification of authorship and any and all rights of approval, restriction or limitation on use or subsequent modifications. 36. OWNERSHIP, PROTECTION AND USE OF RECORDS: Except for confidential medical records held by direct care providers, the State shall own exclusive title to all information gathered, reports developed, and conclusions reached in performance of this Contract. The Contractor may not use, except in meeting its obligations under this contract, information gathered, reports developed, or conclusions reached in performance of this Contract without the express written consent of the State. The improper use or disclosure of any information concerning a State of Utah client, or a State of Utah employee for any purpose not directly connected with the administration of the State, or the Contractor’s responsibilities with respect to services purchased under this agreement, is prohibited except on written consent of the state agency employee, state agency client, their attorney, or their responsible parent or guardian. When applicable, the Contractor will be required to sign a Confidential Information Certification form in situations where they will be given access to confidential computerized records. The Contractor agrees to maintain the confidentiality of records it holds as agent for the State as required by Government Records Access and Management Act (“GRAMA”), or other applicable federal or state law. The State of Utah shall own and retain unlimited rights to use, disclose, or duplicate all information and data (copyrighted or otherwise) developed, derived, documented, stored, or furnished by the Contractor under the Contract. The Contractor, and any subcontractors under its control, expressly agrees not to use confidential client, or confidential federal, state, or local government data, without prior written permission from the State of Utah Project Manager and appropriate officials of the State Agency. 37. OWNERSHIP, PROTECTION, AND USE OF CONFIDENTIAL FEDERAL, STATE, OR LOCAL GOVERNMENT INTERNAL BUSINESS PROCESSES AND PROCEDURES: The improper use or disclosure by any party of protected internal Federal or State business processes, polices, procedures, or practices is prohibited. Confidential federal or state business processes, policies, procedures, or practices shall not be divulged by the Contractor, Contractor’s employees, or their Subcontractors, unless prior written consent has been obtained in advance from the State of Utah Project Manager. 38. OWNERSHIP, PROTECTION, AND RETURN OF DOCUMENTS AND DATA UPON CONTRACT TERMINATION OR COMPLETION: All documents and data pertaining to work required by this contract will be the property of the State and must be delivered to the State within 30 working days after termination or completion of the contract, regardless of the reason for contract termination, and without restriction or limitation to their future use. Any State data that may be returned under provisions of this clause must either be in the format as originally provided, or in a format that is readily usable by the State or that can be formatted in a way that it can be used. Costs for all of these described items will be considered as included in the basic contract compensation of the work describe d used by the State. 39. CONFIDENTIALITY: Contractor, and anyone for whom the Contractor may be liable, must maintain the confidentiality of any nonpublic personal information. Personal information includes, but is not limited to, names, social security numbers, birth dates, address, credit card numbers and financial account numbers. The State reserves the right to identify additional reasonable types or categories of information that must be kept confidential by the Contractor and anyone for whom the Contractor may be liable. This duty of confidentiality shall be ongoing and survive the term of this contract. 40. ASSIGNMENT/SUBCONTRACT: Contractor will not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this contract, in whole or in part, without the prior written approval of the State. 41. DEFAULT AND REMEDIES: Any of the following events will constitute cause for the State to declare Contractor in default of the contract: 1. Nonperformance of contractual requirements; 2. A material breach of any term or condition of this contract. The State will issue a written notice of default providing a ten (10) day period in which Contractor will have an opportunity to cure. Time allowed for cure will not diminish or eliminate Contractor's liability for damages. If the default remains, after Contractor has been provided the opportunity to cure, the State may do one or more of the following: 1. Exercise any remedy provided by law; 2. Terminate this contract and any related contracts or portions thereof; 3. Impose liquidated damages, if liquidated damages are listed in the contract; 4. Suspend Contractor from receiving future solicitations.

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42. TERMINATION UPON DEFAULT: In the event this contract is terminated as a result of a default by the Contractor, the State may procure or otherwise obtain, upon such terms and conditions as the State deems appropriate, services similar to those terminated, and Contractor shall be liable to the State for any and all damages arising there from, including, but not limited to, attorneys’ fees and excess costs incurred by the State in obtaining similar services. 43. FORCE MAJEURE: Neither party to this contract will be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The State may terminate this contract after determining such delay or default will reasonably prevent successful performance of the contract. 44. PROCUREMENT ETHICS: The Contractor understands that a person who is interested in any way in the sale of any supplies, services, construction, or insurance to the State of Utah is violating the law if the person gives or offers to give any compensation, gratuity, contribution, loan or reward, or any promise thereof to any person acting as a procurement officer on behalf of the State, or who in any official capacity participates in the procurement of such supplies, services, construction, or insurance, whether it is given for their own use or for the use or benefit of any other person or organization (63G-6a-2304.5, Utah Code, as amended). 45. WORKERS’ COMPENSATION: The Contractor shall furnish proof to the State, upon request and maintain during the life of this contract, workers’ compensation insurance for all its employees as well as any subcontractor employees related to this contract. 46. LIABILITY INSURANCE: The Contractor agrees to provide and to maintain during the performance of the contract, at its sole expense, a policy of liability insurance. The limits of the policy shall be no less than $1,000,000.00 for each occurrence and $3,000,000.00 aggregate. It shall be the responsibility of the Contractor to require any of their Subcontractor(s) to secure the same insurance covera ge as prescribed herein for the Contractor. 47. CONFLICT OF TERMS: Contractor Terms and Conditions that apply must be in writing and attached to the contract. No other Terms and Conditions will apply to this contract including terms listed or referenced on a Contractor’s website, terms listed in a Contractor quotation/sales order, etc. In the event of any conflict in the contract terms and conditions, the order of precedence shall be: 1. Attachment A: State of Utah Standard IT Terms and Conditions; 2. State of Utah Contract Signature Page(s); 3. State Additional Terms and Conditions; 4. Contractor Terms and Conditions. 48. ENTIRE AGREEMENT: This Agreement, including all Attachments, and documents incorporated hereunder, and the related State Solicitation constitutes the entire agreement between the parties with respect to the subject matter, and supersedes any and all other prior and contemporaneous agreements and understandings between the parties, whether oral or written. The terms of this Agreement shall supersede any additional or conflicting terms or provisions that may be set forth or printed on the Contractor’s work plans, cost estimate forms, receiving tickets, invoices, or any other related standard forms or documents of the Contractor that may subsequently be used to implement, record, or invoice services hereunder from time to time, even if such standard forms or documents have been signed or initialed by a representative of the State. The parties agree that the terms of this Agreement shall prevail in any dispute between the terms of this Agreement and the terms printed on any such standard forms or documents, and such standard forms or documents shall not be considered written amendments of this Agreement. 49. SURVIVORSHIP: This paragraph defines the specific contractual provisions that will remain in effect after the completion of or termination of this contract, for whatever reason: (a) State of Utah Standard IT Terms and Conditions # 2, Contract Jurisdiction, Choice of Law, and Venue; (b) State of Utah Standard IT Terms and Conditions # 22, Secure Protection and Handling of Data; (c) State of Utah Standard IT Terms and Conditions # 23, Notification and Data Breaches; (d) State of Utah Standard IT Terms and Conditions # 33, Copyright; (e) State of Utah Standard IT Terms and Conditions # 34, Ownership, Protection, and Use of Records, including Residuals of such records; and (f) State of Utah Standard IT Terms and Conditions # 35, Ownership, Protection, and Use of Confidential Federal, State, or Local Government Internal Business Processes, including Residuals of such confidential business processes; (g) State of Utah Standard IT Terms and Conditions # 36, Ownership, Protection, and Return of Documents and Data Upon Contract Termination or Completion; (h) State of Utah Standard IT Terms and Conditions # 37, Confidentiality; (i) State of Utah Standard IT Terms and Conditions # 45, Conflict of Terms. 50. WAIVER: The waiver by either party of any provision, term, covenant or condition of this Contract shall not be deemed to be a waiver of any other provision, term, covenant or condition of this Contract nor any subsequent breach of the same or any other provision, term, covenant or condition of this Contract. 51. REPORTS AND FEES: 1. Administrative Fee: The Contractor agrees to provide a quarterly administrative fee to the State in the form of a Check or EFT payment. The fee will be payable to the “State of Utah Division of Purchasing” and will be sent to State of Utah, Division of Purchasing, 3150 State Office Building, Capitol Hill, PO Box 141061, Salt Lake City, UT 84114. The Administrative Fee will be the amount listed in the solicitation and will apply to all purchases (net of any returns, credits, or adjustments) made under this Contract for the period. 2. Quarterly Reports: The Contractor agrees to provide a quarterly utilization report, reflecting net sales to the State during the associated fee period. The report will show the quantities and dollar volume of purchases by each agency and political subdivision. The report will be provided in secure electronic format and/or submitted electronically to the Utah reports email address [email protected].

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3. Payment and Report Schedule: Payments and reports shall be made in accordance with the following schedule: Period End Fee and Reports Due March 31 April 30 June 30 July 31 September 30 October 31 December 31 January 31 4. Timely Reports and Fees: If the Administrative Fee is not paid by the Due Date or Quarterly Reports are not received by the Due Date, then the Contractor will be in breach of the Contract, and the Contract may be canceled for cause. 52. PARTICIPANTS: This is a contract to provide the State of Utah government departments, institutions, agencies and subdivisions (i.e., colleges, school districts, counties, cities, etc.) with the goods and/or services described in the bid/proposal.

political

53. POLITICAL SUBDIVISION PARTICIPATION: Participation under this contract by political subdivisions (i.e., colleges, school districts, counties, cities, etc.) will be voluntarily determined by the political subdivision. The Contractor agrees to sup ply the political subdivisions based upon the same terms, conditions and prices. 54. INDIVIDUAL CUSTOMER: Each State agency and public entity that purchases products/services will be treated as if they were Individual Customers. Each agency and public entity will be responsible to follow the terms and conditions of the contract; and they have the same rights and responsibilities for their purchases as the State has in the contract. Contractor agrees that each state agency and public entity will be responsible for their own charges, fees, and liabilities; and the Contractor will apply the charges to each State Agency and public entity individually. 55. QUANTITY ESTIMATES: The STATE does not guarantee to purchase any amount under the contract to be awarded. Estimated quantities are for proposing purposes only and are not to be construed as a guarantee to purchase any amount. 56. MODIFICATION OR WITHDRAWAL OF BIDS/PROPOSALS: Bids/proposals may be modified or withdrawn prior to the time set for the opening of bids/proposals. After the time set for the opening of bids/proposals, no bids/proposals may be modified or withdrawn. 57. BID/PROPOSAL PREPARATION COSTS: The STATE is not liable for any costs incurred by the offeror in bid/proposal preparation. 58. INSPECTIONS: Goods furnished under this contract will be subject to inspection and test by the Buyer at times and places determined by the Buyer. If the Buyer finds goods furnished to be incomplete or not in compliance with bid/proposal specifications, the Buyer may reject the goods and require Contractor to either correct them without charge or deliver them at a reduced price which is equitable under the circumstances. If Contractor is unable or refuses to correct such goods within a time deemed reasonable by the Buyer, the Buyer may cancel the order in whole or in part. Nothing in this paragraph will adversely affect the Buyer's rights including the rights and r emedies associated with revocation of acceptance under the Uniform Commercial Code. 59. HAZARDOUS CHEMICAL INFORMATION: The Contractor will provide one set of the appropriate material safety data sheet(s) and container label(s) upon delivery of a hazardous material to the user agency. All safety data sheets and labels will be in accordance with each participating state's requirements. 60. NON-COLLUSION: By signing the bid/proposal, the offeror certifies that the bid/proposal submitted has been arrived at independently and has been submitted without collusion with, and without any agreement, understanding or planned common course of action with, any other vendor of materials, supplies, equipment or services described in the Solicitation, designed to limit independent proposing or competition. 61. ENERGY CONSERVATION AND RECYCLED PRODUCTS: The contractor is encouraged to offer Energy Star certified products or products that meet FEMP (Federal Energy Management Program) standards for energy consumption. The State of Utah also encourages contractors to offer products that are produced with recycled materials, where appropriate, unless otherwise requested in this solicitation. If professional services are applicable to this solicitation/contract, the following terms and conditions apply: 62. TIME: The Contractor shall complete the scope of services work in a manner to achieve any milestones identified in the procurement documents related to this Contract and the attachments to this Contract. The full scope of services work shall be completed by any applicable deadline stated in the solicitation. 63. TIME IS OF THE ESSENCE: For all work and services under this Contract, time is of the essence and Contractor shall be liable for all damages to the State of Utah and anyone for whom the State of Utah may be liable, as a result of the failure to timely complete the scope of work required under this Contract. 64. CHANGES IN SCOPE: Any changes in the scope of the services to be performed under this Contract shall be in the form of a written amendment to this Contract, mutually agreed to and signed by duly authorized representatives of both parties, specifying any such changes, fee adjustments, any adjustment in time of performance, or any other significant factors arising from the changes in the scope of services.

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State of Utah

Bid JP14021

65. PERFORMANCE EVALUATION: The State of Utah may conduct a performance evaluation of the Contractor’s services, including specific personnel of the Contractor. References in the Contract to Contractor shall include Contractor, Contractor’s subcontractors, or subconsultants at any tier, if any. Results of any evaluation will be made available to the Contractor. 66. WAIVERS: No waiver by the State or Contractor of any default shall constitute a waiver of the same default at a later time or of a different default. 67. INSURANCE: 1. To protect against liability, loss and/or expense in connection with the performance of services described under this Contract, the Contractor shall obtain and maintain in force during the entire period of this Contract without interruption, at its own expense, insurance as listed below from insurance companies authorized to do business in the State of Utah. If the solicitation document has qualification requirements for the financial stability of the insurance company, these requirements must be met. 2. The following are minimum coverages that may be supplemented by additional requirements contained in the solicitation for thi s Contract or provided in an Attachment to this Contract; if no insurance limits are identified in the solicitation, insurance minimums will default to Section 44. Liability Insurance Requirements: (1) Worker’s Compensation Insurance and Employers’ Liability Insurance. Worker’s compensation insurance shall cover full liability under the worker’s compensation laws of the jurisdiction in which the service is performed at the statutory limits required by said jurisdiction. (2) Professional liability insurance in the amount as described in the solicitation for this Contract, if applicable. (3) Any other insurance described in the solicitation for this Contract, if applicable. 3. Any type of insurance or any increase of limits of liability not described in this Contract which the Contractor requires for its own protection or on account of any statute, rule, or regulation shall be its own responsibility, and shall be provided at Contractor’s own expense. 4. The carrying of insurance required by this Contract shall not be interpreted as relieving the Contractor of any other responsibility or liability under this Contract or any applicable law, statute, rule, regulation, or order. 68. STANDARD OF CARE: The services of Contractor and its subcontractors and subconsultants at any tier, if any, shall be performed in accordance with the standard of care exercised by licensed members of their respective professions having substantial experience providing similar services which similarities include the type, magnitude and complexity of the services that are the subject of this Contract. The Contractor shall be liable to the State of Utah for claims, liabilities, additional burdens, penalties, damages or third part y claims (i.e. another Contractor’s claim against the State of Utah), to the extent caused by wrongful acts, errors or omissions that do not meet this standard of care. 69. STATE REVIEWS, LIMITATIONS: The right of the State to perform plan checks, plan reviews, other reviews and/or comment upon the services of the Contractor, as well as any approval by the State, shall not be construed as relieving the Contractor from its professional and legal responsibility for services required under this Contract. No review by the State or any entity/user, approval or acceptance, or payment for any of the services required under this Contract shall be construed to operate as a waiver by the State of any right under this Contract or of any cause of action arising out of the performance or nonperformance of this Contract, and the Contractor shall be and remain liable to the State in accordance with applicable law for all damages to the State caused by the wrongful acts, errors and/or omissions of the Contractor or its subcontractors or subconsultants at any tier, if any.

Revision Date: 28 Jan 2014

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State of Utah

Bid JP14021

ATTACHMENT B – VENDOR RESPONSE MATRIX

Multi-Step Bid IBM Hardware, Software, Maintenance, Training, and Consulting Statewide Contract Solicitation # JP14021 Vendor Technical Response Matrix: See Stage One: Technical Response for additional details. By answering ‘Yes’, vendor agrees to the requirements listed in the Technical Response section of this bid. Any additional documentation submitted must clearly identify which requirement it is for.

Item Can sell IBM products and is in good standing with IBM on the following: a. Hardware/maintenance b. Software/maintenance c. Consulting d. Education/Training Vendor Comments:

Add’l Required Documents Vendor is required to submit a letter from IBM stating they are authorized and in good standing

Is a Value Advantage Plus (VAP) IBM business partner Hardware/maintenance Software/maintenance Consulting Training Vendor Comments:

Vendor is required to submit documentation showing VAP for every category bid on

3

Agrees to State IT Terms and Conditions Vendor Comments:

4

5

Item # 1

2

Yes

No

☐ ☐ ☐ ☐

☐ ☐ ☐ ☐

☐ ☐ ☐ ☐

☐ ☐ ☐ ☐

N/A





Understands vendor Terms and Conditions/agreements will not be accepted Vendor Comments:

N/A





Demonstrate process for reporting purchases to IBM, written confirmations, and IBM customer number requirement

Vendor must demonstrate by using the space below or providing separate documentation





Vendor must demonstrate by using the space below or provide separate documentation





Vendor Comments: 6

Demonstrate the ordering process and agree to Executive Branch ordering requirements Vendor Comments:

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State of Utah

7

Bid JP14021

Agree to follow pricing guarantees New Hardware/Software pricing Maintenance pricing Education/Training pricing Consultant pricing Vendor Comments:

N/A

8

Timely billing, Executive Branch invoicing requirements Vendor Comments:

9

Vendor contact information

☐ ☐ ☐ ☐

☐ ☐ ☐ ☐

N/A





Vendor may list required contact information in the space below or provide on a separate document





Vendor may submit using the space below or provide on a separate document





Vendor’s references must fill out the form on attachment C





Vendor must submit working link and any additional information describing website or electronic services





Vendor Comments: 10

Problem escalation procedure and contact information Vendor Comments:

11

References Vendor Comments:

12

Vendor website

Website link: Vendor Comments: 13

Number of years as IBM authorized reseller Number of years: Vendor Comments:

N/A





14

Business hours and contact info for technical support

Vendor may submit using the space below or provide on a separate document





Vendor may submit using the space below or provide on a separate document





Vendor Comments: 15

Vendor consulting skills and ability

Vendor Comments:

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State of Utah

16

Vendor education/training skills and ability

Bid JP14021

Vendor may submit using the space below or provide on a separate document





Vendors providing training: ☐Bid Respondent ☐Other (must indicate): Vendor Comments: 17

Agree to notify of licensing model changes Vendor Comments:

N/A





18

Request response time Vendor Comments:

N/A





19

Shipping costs on quotes Vendor Comments:

N/A





20

Understanding of State’s right to contact IBM directly Vendor Comments:

N/A





21

Ability to pre-pay maintenance Vendor Comments:

N/A





22

Consulting requirements

N/A





Vendor Comments: 23

Licensing requirements for solutions implemented Vendor Comments:

N/A





24

Assist with IBM end user agreements as needed Vendor Comments:

N/A





25

Provide financial documents and agree to do so as requested through the life of the contract Vendor Comments:

Vendor financials





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State of Utah

Bid JP14021

ATTACHMENT C – VENDOR REFERENCES

Multi-Stage Bid IBM Hardware, Software, Maintenance, Training, and Consulting Statewide Contract Solicitation # JP14021 INSTRUCTIONS TO VENDOR: In order to meet the requirements of the “Reference” portion of the multi-step bid (technical response item 11), please send this form to 3 (three) companies who are willing to provide a reference on behalf of your organization. The references are to confirm and provide feedback on your firm’s performance in providing IBM products and services. The reference must complete and submit this form directly to the State of Utah Purchasing Office (via the email instructions below). This form must not be returned to the proposing vendor and may not be submitted by the proposing vendor. It is the responsibility of the vendor requesting the reference to ensure the company providing the reference submits the form timely and follows the submission instructions correctly. Please keep in contact with your references to ensure they provide a timely reference on your behalf. INSTRUCTIONS TO REFERENCE PROVIDER: This form is being submitted to your company for completion as a business reference for the company requesting your reference. This form is to be returned to the State of Utah, Division of Purchasing, via email to [email protected], no later than February 28th 2014 and must not be returned to the company requesting the reference. Please provide us with detailed responses as this feedback is a critical component in the State of Utah’s ability to determine the most responsive and responsible vendors for this bid. Submission of three (3) reference forms, per vendor, are required in order to be considered responsive and responsible for the IBM multi-step bid. Please provide the requesting vendor with confirmation that you successfully provided the reference form to the State of Utah upon receipt of confirmation from the State of Utah. For questions or concerns regarding this form, please contact Vinessa Baldwin with the State of Utah, Division of Purchasing, at [email protected]. When contacting the State, please be sure to include the solicitation number listed at the top of this page.

This form is to be filled out and submitted by references

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State of Utah

Bid JP14021

THIS FORM IS CONFIDENTIAL WHEN COMPLETED Full Name of the Company Requesting Reference: Full Name of Company Providing Reference: Reference Contact: Contact Name and Title/Position: Contact Telephone Number: Contact Email Address:

QUESTIONS: 1. In what capacity have you worked with this firm in the past? Choose an item.

2. On a scale of 1-5, 5 being superior, how would you rate this firm’s knowledge and expertise? Please specify the IBM products and/or services this firm provided. Knowledge and Expertise: Choose an item. IBM products/services provided: Comments: 3. On a scale of 1-5, 5 being immediate turn around, how would you rate this firm’s responsiveness to quotes and other requests? Responsiveness: Choose an item. Comments: 4. On a scale of 1-5, 5 being extremely satisfied, rate your level of satisfaction with the customer service provided by this firm? Customer Service Satisfaction: Choose an item. Comments: 5. On a scale of 1-5, 5 being superior, how would you rate the dynamics/interaction between the firm and your staff? This form is to be filled out and submitted by references

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State of Utah

Bid JP14021

Dynamics/interaction: Choose an item. Comments: 6. With what aspect(s) of this firm’s services are you most satisfied? ☐Hardware resale/maintenance ☐Software resale/maintenance ☐Training/Education ☐Consulting ☐Other: 7. With which aspect(s) of this firm’s services are you least satisfied? ☐Hardware resale/maintenance ☐Software resale/maintenance ☐Training/Education ☐Consulting ☐Other: 8. Would you recommend using this firm to provide IBM products and support to your organization again?

Using the scoring criteria below, please provide an overall score, 0 – 5, based on your company’s experience working with the vendor requesting this reference: Overall score: Choose an item.

This form is to be filled out and submitted by references

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State of Utah

Bid JP14021

Question and Answers for Bid #JP14021 - IBM Hardware, Software, Maintenance & Training

OVERALL BID QUESTIONS Question 1 I was looking over this solicitation and I was wondering if the State of Utah would consider another brand of software that would be better, more standards compliant and more cost effective than Rational? (Submitted: Feb 14, 2014 11:04:42 AM MST) Answer - This bid is for the purpose of not only purchasing new software but for software maintenance for existing software. Vendors who submit a bid must be able to provide all products under the category being bid upon so a vendor must provide all IBM software as well as all IBM software maintenance. This cannot be split out by software brands/offerings, such as Rational. (Answered: Feb 14, 2014 2:25:54 PM MST)

Question Deadline: Feb 25, 2014 11:00:00 AM MST

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