Office of the Secretary of State State of Illinois PROCUREMENT OPPORTUNITY TO:
Bid/Proposal Manager
FROM:
Office of the Secretary of State Budget & Fiscal Management, Purchasing Division 501 S. Second Street 124 Howlett Building Springfield, IL 62756
DATE:
June 7, 2013
SUBJECT:
Automated Test System # 14RI116000
Invitation for Bids (IFB) Request for Proposals (RFP) Request for Proposals Professional and Artistic Services (RFP P&A) ____________________________________________________________________________________ X
The Office of the Secretary of State is requesting offers from responsible vendors to meet its needs. A brief description is set forth below for your convenience, with detailed requirements in subsequent sections of this solicitation. If you are interested and able to meet these requirements, we would appreciate and welcome an offer. Brief Description: The Office of the Secretary of State is requesting bids from qualified vendors for the purchase of an automated test system. Qualified vendors must have an existing solution that is or has been used for the purpose of testing applicants for a driver’s license. The solicitation package consists of the following sections: 1) "Instructions for Submitting Offers." This section advises what you need to know and do when preparing and submitting an offer to us. It also tells how we will evaluate your offer. The first page of the Instructions, the “INSTRUCTIONS” will provide dates, locations and other information specific to this solicitation. For our purposes, "Offer" is the term used to mean the response to an Invitation for Bids, or Request for Proposals and may sometimes be called a "bid" or "proposal". 2) "Solicitation Response Forms." We have presented our needs in the form of a proposed "Contract for Supplies and/or Services," which shows the specifications, how the offer must be priced, contract terms and other requirements. In addition, you must provide information about your company in the "Responsible Vendor Qualification" section, including conflict of interest disclosures and certifications. Without requested information we will not consider your response. Please read the entire solicitation package and submit your offer in accordance with the Instructions. The "Solicitation Response Forms," completed, signed and returned by you, will constitute your offer. Do not submit the Instructions pages with your offer. You should keep the Instructions and a copy of your offer (Solicitation Response Forms) for future reference. Please adhere to Form and Content of Offers requirements, or your offer/proposal may not be considered. Cover Revised 5/2013
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INSTRUCTIONS FOR SUBMITTING OFFERS
1.1
SUBMIT/DELIVER OFFERS TO: Office of the Secretary of State Budget & Fiscal Management Attn: Purchasing Division nd 501 S. 2 St. 124 Howlett Building Springfield, IL 62756
LABEL (outside of envelopes/containers): Office of the Secretary of State Driver Services Automated Test System Reference Number: 14RI116000 Due: 7/9/2013 Time: 2:00 PM Central Time
Electronic Format Requested: Yes - Flash Drive or CD (Note: Offers will be opened at the above address.)
1.2
DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: July 9, 2013 Time: 2:00 PM Central Time
1.3
NUMBER OF COPIES: Submit a signed original and 10 hard copies of your offer in a sealed container. Also include one electronic copy on flash drive or CD. If this is a Request for Proposals, submit price in a separate sealed envelope in the Offer Container.
1.4
OFFER FIRM TIME:
1.5
SECURITY/BOND: Bid/Offer Bond $____ or ____% Performance Bond $__1,000,000__ or ___% You must submit the Bid Bond with the Offer and the Performance Bond within 10 days after award. The bond must be from a surety licensed to do business in Illinois. An irrevocable letter of credit is an acceptable substitute. The form of security must be acceptable to us.
1.6
VENDOR CONFERENCE/SITE VISIT: Mandatory Attendance: Date and Time: Location:
1.7
__180__ Days from Opening
Yes Yes
X
No No
N/A
PROJECT CONTACT: If you have a question or suspect an error, you must immediately notify the Project Contract identified in this section. Do not discuss the solicitation of your Offer/Proposal, directly or indirectly, with any State officer or employee other than the Project Contact. Only written answer to questions shall be binding on the State. Office of the Secretary of State Attn: Purchasing Division Budget & Fiscal Management 501 S. Second Street 124 Howlett Building Springfield, IL 62756 Phone: 217/558-3506, Fax: 217/524-0785, E-mail:
[email protected]
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1.8
PROTEST REVIEW OFFICE: Office of the Secretary of State Attn: Purchasing Division Budget & Fiscal Management Howlett Building Springfield, IL 62756 Phone: 217/782-8892 Fax: 217/524-0785 You may submit a written protest of our actions to the PROTEST REVIEW OFFICE following the requirements of the Standard Procurement Rules (44 Ill. Adm. Code 2000.5550). All protests must be received by noon of the seventh calendar day after you knew or should have known of the facts giving rise to the protest.
1.9
SMALL BUSINESS SET-ASIDE: Yes ___ No _X__. If “Yes” is marked, this has been set-aside for award to small businesses in Illinois (30 ILCS 500/45-45). A small business (including affiliates) has annual sales for its most recently completed fiscal year less than (1) $10,000,000 for a wholesaler; (2) $6,000,000 for a retailer or business selling services; (3) $10,000,000 for a construction business; and must have less than 250 employees if a manufacturer. For complete requirements, contact the CMS Small Business Specialist at 217-782-4705, TDD 800-526-0844.
1.10
STATUTORY CITATIONS. This solicitation and any resulting contract are governed by Illinois law and administrative rules. You will find a number of statutory references in the solicitation that are designated "ILCS." The official text can be found in the appropriate chapter and section of the Illinois Compiled Statutes. An unofficial version of the statutes can be viewed at http://www.ilga.gov/legislation/ilcs/ilcs.asp. The Illinois Procurement Code (30 ILCS 500) and Standard Procurement Rules, which are applicable to this procurement, may be viewed at http://www.ilga.gov/legislation/ilcs/ilcs.asp.
1.11
ILLINOIS PROCUREMENT BULLETIN. The Office of the Secretary of State (SOS) publishes in the electronic Illinois Procurement Bulletin (Supplies and Services Edition) various procurement information including Notices of Procurement Opportunities and Notices of Award. Procurement information may not be available in any other form or location. You may register to view and download procurement information at http://www.purchase.state.il.us. You are responsible for monitoring the Bulletin; we cannot be held responsible if you fail to receive the optional e-mail notices.
1.12
SUBMISSION OF OFFER. (See INSTRUCTIONS). You may mail or hand-deliver offers, including amendments. SOS does not allow computer, fax, or other electronic submissions unless authorized on the INSTRUCTIONS. SOS must receive submissions as specified. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are State of Illinois local times. You must allow adequate time to accommodate all security screenings prior to delivery and at the delivery site.
1.13
FORM AND CONTENT OF OFFERS. The "Solicitation Response Forms," completed, signed and returned by you, will constitute your offer. An original and the designated number of copies of each offer are required (See INSTRUCTIONS). Failure to submit the required number of copies may prevent your offer from being evaluated within the allotted time. Offers, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. The SOS may require that offers be submitted in electronic form. Your offer must provide all information requested and must address all points. SOS does not encourage exceptions as we have extremely limited ability to grant exceptions particularly in regard to statutory requirements. SOS is not required to grant exceptions and depending on the exception, we may have to reject your offer. Do not bind or use binders for your offer/proposal; please use staples, binder clips or rubber bands. If any offer/proposal deviates from these requirements, your offer/proposal may not be considered. ii
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1.14
MODIFICATION / WITHDRAWAL OF OFFER. Written requests to modify or withdraw the offer received by SOS prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the offer and marked as a MODIFICATION or WITHDRAWAL of the offer.
1.15
QUESTIONS. Please direct all questions (and requests for ADA accommodations) to the SOS PROJECT CONTACT (See INSTRUCTIONS). Questions received less than seven calendar days prior to the due date and time may be answered at the discretion of the SOS. SOS will provide written answers to questions of a general nature or which would affect the solicitation. SOS will either send them to all eligible recipients of the solicitation or post them in the Illinois Procurement Bulletin. Only written answers to questions shall be binding on the SOS.
1.16
VENDOR CONFERENCE/SITE VISIT. (See INSTRUCTIONS). A vendor conference may be mandatory as a condition of submitting an offer. The conference/site visit provides interested parties an opportunity to discuss the SOS needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. You must allow adequate time to accommodate security screenings at the site.
1.17
RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If you suspect an error, omission or discrepancy in this solicitation, you must immediately notify the PROJECT CONTACT.
1.18
OPENING BIDS/PROPOSALS. (See INSTRUCTIONS). SOS will open all offers properly and timely submitted, and will record the names and other information specified by law and rule. All offers become the property of the State and will not be returned except in the case of a late submission.
1.19
LATE DELIVERY. SOS will not consider offers received at the opening location after the stated due date and time.
1.20
OFFER FIRM TIME. (See INSTRUCTIONS). Offers shall remain firm and unaltered after opening for the number of days shown. SOS may accept your offer, subject to successful contract negotiations, at any time during the offer firm time.
1.21
SECURITY. (See INSTRUCTIONS). You must provide any required offer security (i.e., bid bond) with the offer, and performance security within 10 days of our accepting your offer unless a different time is specified herein. Security shall be in the form of a bond unless otherwise agreed.
1.22
PRESENTATIONS AND INSPECTIONS. You must provide a formal presentation of the offer upon request. SOS reserves the right to inspect and review your facilities, equipment and personnel and those of any identified subcontractors.
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1.23
BEST & FINAL. SOS may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, you should not expect that SOS will ask for best & finals to give you an opportunity to strengthen your proposal. Therefore, you must submit your best offer based on the terms and condition set forth in this solicitation.
1.24
EVALUATION AND AWARD. SOS evaluates offers using criteria shown in this solicitation. If we select your offer for award, SOS will send you written notice and will post the notice to the Illinois Procurement Bulletin. Such notice will extend the Offer Firm Time until we sign a contract or determine negotiations with you have failed. Receipt or posting of a notice of award is not equivalent to a contract with the State. Protested awards are subject to resolution of the protest.
1.25
PROTESTS. If you object to any provision of the solicitation, believe SOS improperly rejected your offer, or believe the selected offer is not in the State's best interests, you may submit a written protest. SOS must receive the protest within 7 calendar days after actual or constructive knowledge of the facts giving rise to the protest. You shall be deemed to have notice as of the date of publication in the Illinois Procurement Bulletin, unless you had earlier actual notice. Protests of specifications must be submitted within 7 calendar days after first publication. You must submit your protest to the PROTEST REVIEW OFFICE, or if there is no such designation to the PROJECT CONTACT (See INSTRUCTIONS). SOS will consider only written protests that are properly and timely submitted. SOS will issue a written decision and that decision is final.
1.26
CONTRACT NEGOTIATIONS. You must be prepared for us to accept your offer as submitted, but we may require contract negotiations if necessary or desirable. If negotiations do not result in an acceptable agreement, we may reject your offer or revoke the award, and may begin negotiations with another vendor. Final contract terms must be approved or signed by the appropriately authorized State official(s).
1.27
COMMENCEMENT OF WORK. You will not bill and SOS will not pay for any work in furtherance of the contract prior to execution of the contract.
1.28
RESERVATIONS. SOS reserves the right to reject all offers; to reject individual offers for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; and to waive minor defects. SOS may seek clarification of the offer from you at any time, and failure to respond is cause for rejection. Clarification is not an opportunity to change the offer. Submission of an offer confers on you no right to an award or to a subsequent contract. This process is for the State's benefit only and is to provide the State with competitive information to assist in the selection process. All decisions on compliance, evaluation, terms and conditions shall be made solely at SOS’s discretion.
1.29
VENDOR CONTACT. SOS will consider the person who signed the offer to be the contact person for all matters pertaining to the offer unless you designate some other person in writing.
1.30
COST OF PREPARATION. SOS is not responsible for and will not pay any costs associated with the preparation and submission of the offer.
1.31
PUBLIC INFORMATION. All information submitted is subject to the Illinois Freedom of Information Act (5 ILCS 140), the Illinois Procurement Code and other applicable laws and rules. Vendors claiming exemption from disclosure of certain portions of the offer must do so in a separate section of the offer labeled “Confidential Information”. Any claim of exemption must be noted as an exception in the Vendor Provided Additional Material and Exceptions. This section iv
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must clearly identify the pages containing confidential information and the basis for the claim of confidentiality. SOS will determine whether claimed exemptions apply. Upon award the name of the successful vendor and price, as well as sufficient information from that offer will be made available to the public to allow for meaningful review and protest regardless of any claim of exemption. SOS must disclose only the record (name, and in the case of IFBs, the price) after award of the unsuccessful offers. Final results of the SOS’s evaluation shall be public.
1.32
PUBLIC CONTRACTS NUMBER. Vendors with 15 or more employees must have a Public Contracts Number issued by (or completed application submitted to) the Illinois Department of Human Rights (IDHR) prior to the opening date. Contact IDHR at 312-814-2431.
1.33
Authorized to Transact Business in Illinois. All companies must be authorized to transact business in Illinois. Please contact the Illinois Secretary of State Department of Business Services (217/782-1834) regarding a Certificate of Authority to Transact Business in Illinois (805 ILCS 5/13). Application Form BCA 13.15 may be downloaded from http://www.cyberdriveillinois.com/publications/pdf_publications/bca1315.pdf.
1.34
NON-DISCRIMINATION POLICY. In compliance with the State and Federal Constitutions, the Illinois Human Rights Act, the U.S. Civil Rights Act, and Section 504 of the Federal Rehabilitation Act, the State of Illinois does not unlawfully discriminate in awarding of contracts or any other activity.
1.35
CONTRACTOR SUSPENSION. Any vendor/contractor may be suspended for violation of the Illinois Procurement Code or for failure to conform to specifications or terms of delivery. Suspension shall be for cause and may be for a period of up to the maximum provided by law at the discretion of the applicable chief procurement officer. Vendor/contractors may be barred in accordance with rules promulgated by the chief procurement officer or as otherwise provided by law. (30 ILCS 500/50-65).
1.36
COMPLETION OF SOLICITATION RESPONSE FORMS. The Solicitation Response forms consist of the "Contract for Supplies and Services" and "Responsible Vendor Qualification" information. You must complete, respond to and submit all sections of each set of forms including attachments, clearly show any "exceptions," sign and return each of the forms as indicated. The SOS may provide an electronic form of this solicitation and require that you respond in like form (see INSTRUCTIONS). The electronic version may include additional instructions.
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1) RESPONSIBLE VENDOR QUALIFICATION. You must sign the Responsible Vendor Qualification page and provide the information requested in the attachments. This information is used to determine whether you qualify as a “responsible” vendor. If you do not provide this information, we may not be able to consider your offer. The Vendor Qualification section is arranged as follows: Business and Directory Information Authorized to Do Business in Illinois Prohibited Assistance to Agency References Illinois Department of Human Rights Public Contract Number Minority, Female, Person with a Disability Status and Subcontracting Illinois State Board of Elections Certification Disclosures Certifications Taxpayer Identification Number 2) CONTRACT FOR SUPPLIES AND/OR SERVICES. This is the part of the solicitation that shows what we require in terms of specifications, contract terms and other requirements. The Contract for Supplies and Services is arranged as follows: Contract for Supplies and/or Services Signature Page Description of Supplies and Services Pricing/Compensation Standard Terms, Conditions and Certifications Supplemental Terms and Conditions Vendor Provided Additional Material and Exceptions The Contract for Supplies and/or Services identifies the parties and the other elements of what will be the contract. By executing, you are making an offer to perform in accordance with the terms and conditions found in each section as modified by any exceptions properly submitted. SOS may accept your offer as submitted by signing the Contract for Supplies and/or Services signature page or may propose a counter-offer. It may be necessary to make modifications to the forms after award, or as a condition to award, to accurately reflect the final understanding of the Parties. Submit two copies of the Contract for Supplies and/or Services Signature Page if you wish to have an original signature returned to you. Pricing shall be included in the Pricing/Compensation section. When responding to a Request for Proposals, place this attachment in a separate sealed envelope in the offer container. Any Supplemental Terms and Conditions required by the SOS will be noted, attached, and will supersede anything to the contrary in the Standard Terms and Conditions. Provide any additional material that you desire SOS to consider in evaluating your offer in the Vendor Provided Additional Material and Exceptions section. Provide detailed descriptions of any exceptions you propose on the SOS’s Contract Terms and Conditions - Exceptions Form or in your format that is substantially similar to the SOS’s format.
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1.37
CRITERIA FOR EVALUATION AND AWARD. SOS evaluates four categories of information: administrative compliance, vendor responsibility, responsiveness and price. All offers, regardless of the type of solicitation, must meet the following administrative and responsibility criteria. a)
Administrative Compliance. SOS will determine whether the offer complied with the Instructions for Submitting Offers. SOS must reject your offer if you submit it late. Failure to meet other requirements could result in rejection. Except for late submissions, SOS may require the vendor/contractor to correct deficiencies as a condition of further evaluation.
b)
Vendor Responsibility. SOS will determine whether the VENDOR submitting the offer is one with whom SOS can or should do business. Factors that SOS may evaluate to determine "responsibility" include, but are not limited to: certifications, conflict of interest disclosures, taxpayer identification number, past performance, references (including those found outside the offer), compliance with applicable laws, financial stability and the perceived ability to perform completely as specified. A VENDOR must at all times have financial resources sufficient, in the opinion of the State, to ensure performance of the contract and must provide proof upon request. SOS will determine whether any failure to supply information, or the quality of the information, will result in rejection.
c)
Evaluation of "responsiveness" and "price" differ depending on the type of solicitation. The evaluation and award criteria for each type of solicitation (Invitation for Bids, Request for Proposals, and Request for Proposals for Professional and Artistic Services) are shown in the following subsections. Only the appropriate subsection applies to this solicitation. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon a showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the State’s needs may be accepted. Point and other such evaluation methods are tools SOS uses to aid in the evaluation process, but are not always definitive. SOS reserves the right to use our discretion to eliminate offers that we deem unacceptable.
d)
Invitation for Bids. SOS will identify the lowest cost offer and may rank the others in order of price. The responsible VENDOR who submitted the lowest cost offer that meets "administrative" and "responsiveness" requirements shall be eligible for award.
e)
Request for Proposals (including for Professional and Artistic Services). SOS will determine how well offers meet our requirements in terms of “responsiveness” to the specifications. SOS will rank offers, without consideration of price, from best to least qualified using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. References may be considered again in this portion of the evaluation. SOS will determine whether any failure to supply information, or the quality of the information, will result in rejection or downgrading the offer. Vendors who do not rank sufficiently high need not be considered for price evaluation and award. The “responsible” offeror whose offer meets “administrative” requirements and whose offer is most advantageous shall be eligible for award. If SOS does not consider the price submitted in response to any type of RFP to be fair and reasonable and that price cannot be negotiated to an acceptable level, SOS reserves the right to award to the next highest ranked vendor. SOS will determine whether the price is fair and reasonable by considering the offer, including the vendor's qualifications, the vendor's reputation, all prices submitted, other known prices, the project budget and other relevant factors.
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Phase 1 - Written Proposals: The total number of points for "responsiveness" is 410. Vendors who do not receive 330 of the total "responsiveness" points need not be considered for vendor presentation evaluation and price evaluation. The elements of responsiveness that will be evaluated and their relative weights are on pages 23-56. To be considered a qualified bidder, vendors must have provided an automated test system for at least one customer for the purpose of drivers’ licensing testing. Please include this customer information in the References section of the proposal. Phase 2 – Vendor Presentations: Presentations will be evaluated on a pass/fail basis. Vendors must receive a “pass” from the majority of evaluators to move on to Phase 3, the cost proposal evaluation. ILSOS will determine the need for vendor presentations after the completion of the written proposal evaluations. If vendor presentations are not needed, all the vendors that received the minimum required points in Phase 1 will advance to the cost proposal evaluation, Phase 3. Phase 3 – Cost Proposals: The third and final phase in the evaluation process is the cost proposal evaluation. The cost proposals will be opened for all vendors that make it to Phase 3 of the evaluation process. Determination of award will be based upon the best price for the core functionality, not including the optional components. ILSOS reserves the right to add the optional components at any time during the full term of the contract.
f)
Alternative Evaluation. If three or fewer offers are received in response to either type of request for proposals, the offers may be evaluated using simple comparative analysis of the elements of responsiveness (and price where applicable) instead of any announced method of evaluation (such as points).
END OF INSTRUCTIONS
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RESPONSIBLE VENDOR QUALIFICATION AGENCY determines whether you are a “Responsible” Vendor, which is a VENDOR with whom AGENCY can or should do business. This information is of general applicability and consists of the attached forms: Business and Directory Information Authorized to Do Business in Illinois Documentation Prohibited Assistance to Agency References Department of Human Rights Public Contract Number Minority, Female, Person with a Disability Status and Subcontracting State Board of Elections Certification Taxpayer Identification Number Disclosures Certifications The undersigned authorized representative of VENDOR submits the above described and attached RESPONSIBLE VENDOR QUALIFICATION information to the AGENCY with the understanding AGENCY will use and rely upon the accuracy and currency of the information in the evaluation of VENDOR's offer to the AGENCY.
Vendor (show official name and DBA) _______________________________________ _______________________________________ Signature _______________________________ Printed Name____________________________ Title____________________________________ Date___________________________________ Address________________________________ _______________________________________ Phone/Fax ______________________________ E-mail__________________________________
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AUTHORIZED TO DO BUSINESS IN ILLINOIS A “Responsible” Vendor must exist as a legal entity and must be authorized to do business in Illinois at the time a bid or proposal is submitted for a State contract. As a condition of award, Vendor must produce evidence of good standing, which may include a Certificate of Good Standing issued by the Illinois Secretary of State’s Department of Business Services. All companies must be authorized to transact business in Illinois. Please contact the Illinois Secretary of State Department of Business Services (217/782-1834) regarding a Certificate of Authority to Transact Business in Illinois (805 ILCS 5/13). Application Form BCA 13.15 may be downloaded from http://www.cyberdriveillinois.com/publications/pdf_publications/bca1315.pdf. The undersigned hereby certifies that it is a legal entity authorized to do business in Illinois. Vendor (show official name and DBA) _______________________________________ _______________________________________ Signature _______________________________ Printed Name____________________________ Title____________________________________ Date___________________________________ Address________________________________ _______________________________________ Phone/Fax ______________________________ E-mail__________________________________
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PROHIBITED ASSISTANCE TO AGENCY Public Law 96-0795 provides a person assisting the State of Illinois or a State agency in determining whether there is a need for contract is a prohibited bidder unless such information was part of a response to a publicly issued request for information (RFI). Additionally, a person assisting the State of a State agency by reviewing, drafting, or preparing a request for proposals or request for information or providing similar assistance is deemed a prohibited bidder. Pursuant to Public Law 96-0795, the undersigned hereby certifies that it:
____
is not a “prohibited bidder”
____
is a “prohibited bidder”
Vendor (show official name and DBA) _______________________________________ _______________________________________ Signature _______________________________ Printed Name____________________________ Title____________________________________ Date___________________________________ Address________________________________ _______________________________________ Phone/Fax ______________________________ E-mail__________________________________
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BUSINESS AND DIRECTORY INFORMATION 1.
Name of Business (official name and DBA).
2.
Business Headquarters (address, phone and fax).
3. If a Division or Subsidiary of another organization provide the name and address of the parent.
4.
Billing Address.
5.
Name of Chief Executive Officer.
6.
Customer Contact (name, title, address, phone, toll-free number, fax, and e-mail).
7.
Company Web Site Address.
8.
Type of Organization (sole proprietor, corporation, etc.--should be same as on Taxpayer ID form below).
9.
Length of time in business.
10.
Annual Sales for Vendor’s most recently completed fiscal year.
11. Show number of full-time employees, on average, during the most recent fiscal year.
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REFERENCES Provide references from established firms or government agencies (four preferred; two of each type preferred) other than the procuring agency that can attest to your experience and ability to perform the contract that is the subject of this solicitation.
1.
Firm/Government Agency (name)
Contact Person (name, address, phone)
Date and type of Supplies/Services Provided
2.
Firm/Government Agency (name)
Contact Person (name, address, phone)
Date and type of Supplies/Services Provided
3.
Firm/Government Agency (name)
Contact Person (name, address, phone)
Date and type of Supplies/Services Provided
4.
Firm/Government Agency (name)
Contact Person (name, address, phone)
Date and type of Supplies/Services Provided
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ILLINOIS DEPARTMENT OF HUMAN RIGHTS (IDHR) PUBLIC CONTRACT NUMBER
If you employed fifteen or more full-time employees at any time during the 365-day period immediately preceding the publication of this solicitation in the Illinois Procurement Bulletin (or issuance date if not published), you must have a current IDHR Public Contract Number or have proof of having submitted a completed application for one prior to the offer opening date. (775 ILCS 5/2-105). If we cannot confirm compliance, we will not be able to consider your bid or offer. Please complete the appropriate sections below. Name of Company (and DBA) ____________________________________________________. ______ (check if applicable) The number is not required as the company has employed 14 or less full-time employees during the 365-day period immediately preceding the publication of this solicitation in the Illinois Procurement Bulletin (or issuance date if not published). IDHR Public Contracts Number ____________________ Expiration Date __________________. If number has not yet been issued, provide the date completed application for the number was submitted to IDHR __________________________________. (Date Submitted Completed Application) NOTICE: Upon expiration and until their Contractor Identification Number is renewed, companies will not be eligible to be awarded contracts by the State of Illinois or other jurisdictions that require a current DHR number as a condition of contract eligibility (44 IL Adm. Code 750.210(a)) Numbers issued by the Department of Human Rights (or its predecessor agency, the Illinois Fair Employment Practices Commission) prior to July 1, 1998, are no longer valid. This affects numbers below 89999-00-0. Valid numbers begin with 90000-00-0. IF YOUR ORGANIZATION HOLDS AN EXPIRED NUMBER, YOU MUST RE-REGISTER WITH DHR.
You can obtain an application form by: 1. Telephone: Call the DHR Public Contracts Unit at (312) 814-2431 between Monday and Friday, 8:30 AM 5:00 PM, CST. [TDD (312) 263-1579]. 2. Internet: Download the form from the Internet at "www.state.il.us/cms". In the Selling to Illinois area of the CMS home page, click the "Register to do business with the State" line in the How to Sell to Illinois section. 3. Mail: Write to the Department of Human Rights, Public Contracts Unit, 100 West Randolph Street, Suite 10100, Chicago, IL 60601.
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MINORITY, FEMALE, PERSON WITH DISABILITY STATUS AND SUBCONTRACTING
The Business Enterprise Program Act for Minorities, Females and Persons with Disabilities (BEP) (30 ILCS 575/1) establishes a goal for contracting with businesses that have been certified as owned and controlled by persons who are minority, female or who have disabilities. While you must complete this form, your response will not be considered in the evaluation. A listing of certified businesses may be obtained from the Department of Central Management Services' Business Enterprise Program for Minorities, Females and Persons with Disabilities by calling 312/814-4190 (Voice & TDD), 800/356-9206 (Toll Free), or 800/526-0844 (Illinois Relay Center for Hearing Impaired). Name of Your Company (and DBA) ________________________________________________ a.
Is your company at least 51% owned and controlled by individuals in one or more of the following categories? Yes No If "Yes," check each that applies. Category Minority Female Person with Disability Veteran with Disability Disadvantaged
b.
If "Yes," please identify, by checking the applicable blanks, which agency certified the business and in what category: Certifying Agency Department of Central Management Services Women's Business Development Center Chicago Minority Business Development Council Illinois Department of Transportation Other (identify) Category Minority Female Person with Disability Disadvantaged
c.
If you are not a certified BEP business, do you have a written policy or goal regarding contracting or subcontracting with BEP certified vendors? Yes ____ (attach copy) No ____ If "No", will you make a commitment to contact BEP certified vendors and consider them for subcontracting opportunities on this contract? Yes ____ No ____ Do you plan on ordering supplies or services in furtherance of this contract from BEP certified vendors? Yes ____ No ____ If "Yes", please identify what you plan to order, the estimated value as a percentage of your total proposal, and the names of the BEP certified vendors you plan to use.
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OFFICE OF THE ILLINOIS SECRETARY OF STATE STATE BOARD OF ELECTIONS CERTIFICATION FORM Pursuant to P.A. 95-971 and Section 20-160(b) of the Illinois Procurement Code (30 ILCS 500/20-160(b)), the undersigned hereby certifies that it:
___
is not required to register with the Illinois State Board of Elections pursuant to Section 20-160 of the Illinois Procurement Code. In the event this status should change, the undersigned shall comply and forward a copy of the certification to the Secretary of State.
___
has registered with the Illinois State Board of Elections pursuant to Section 20-160 of the Illinois Procurement Code and acknowledges a continuing duty to update the registration. (If registered, a copy of the certificate of registration must accompany this form.)
(Check One) The undersigned also hereby acknowledges that the failure to comply with Section 20-160 of the Illinois Procurement Code shall render the contract/procurement described below voidable. Business Entity or Individual Submitting Bid or Executing Contract:
Authorized Signature Authority of the Individual Completing this Certification
_________________________________ Company Name
_________________________________ Name
_________________________________ Address
_________________________________ Title
_________________________________ City
_________________________________ Signature
_________________________________ State and Zip Code
_________________________________ Date
Taxpayer Identification Number: ________________________________ (FEIN/Social Security Number) Return Mailing Address:
Secretary of State Budget & Fiscal Management nd 501 S. 2 Street Room 124 Howlett Building Springfield, IL 62756
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DISCLOSURES AND CONFLICTS OF INTEREST Instructions: Contractor shall disclose financial interests, potential conflicts of interest and contract information identified in Sections 1, 2 and 3 below as a condition of receiving an award or contract (30 ILCS 500/50-13 and 50-35). Failure to fully disclose shall render the contract, bid, proposal, subcontract, or relationship voidable by the chief procurement officer if he/she deems it in the best interest of the State of Illinois and may be cause for being barred from future contracts, bids, proposals, subcontracts, or relationships with the State. There are five sections to this form and each must be completed to meet full disclosure requirements. Note: The requested disclosures are a continuing obligation and must be promptly supplemented for accuracy throughout the process and throughout the term of the resultant contract if the bid/offer is awarded. As required by 30 ILCS 500/50-2, for multi-year contracts Contractors must submit these disclosures on an annual basis. A publicly traded entity may submit its 10-K disclosure in satisfaction of the disclosure requirements set forth in Section 1 below (please complete Section 1(a) and then go to Section 2 on page 5). HOWEVER, if a Contractor submits a 10-K, it must still must complete Sections 2, 3, 4 and 5 and submit the disclosure form. If the Contractor is a wholly owned subsidiary of a parent organization, separate disclosures must be made by the Contractor and the parent organization. For purposes of this form, a parent organization is any entity that owns 100% of the Contractor. This disclosure information is submitted on behalf of (show official name of Contractor, and if applicable, D/B/A and parent organization): Name of Contractor: D/B/A (if used): Name of any Parent Organization:
Section 1: Section 50-35 Disclosure of Financial Interest in the Contractor. (All Contractors EXCEPT those who submit a 10-K or a 20-F or 40-F with the required supplemental information must complete this section) Contractors must complete subsection (a), (b) or (c) below. Please read the following subsections and complete the information requested. a.
If Contractor is a publicly traded corporation subject to SEC reporting requirements, i.
Contractor shall submit their 10-K disclosure (include proxy if referenced in 10-K) in satisfaction of the financial and conflict of interest disclosure requirements set forth in subsections 50-35 (a) and (b) of the Illinois Procurement Code. The SEC 20-F or 40-F, supplemented with the names of those owning in excess of 5% and up to the ownership percentages disclosed in those submissions, may be accepted as being substantially equivalent to the 10-K. Check here if submitting a 10-K
, 20-F
, or 40-F
.
OR
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b.
If Contractor is a privately held corporation with more than 400 shareholders, i.
These Contractors may submit the information identified in 17 CFR 229.401 and list the names of any person or entity holding any ownership share in excess of 5% in satisfaction of the financial and conflict of interest disclosure requirements set forth in subsections 50-35 (a) and (b) of the Illinois Procurement Code (30 ILCS 500 et seq.). OR
c. i.
If Contractor is an individual, sole proprietorship, partnership, trust, or any other not qualified to use subsections (a) or (b), complete (i) and (ii) below as appropriate. For each individual having any of the following financial interests in the Contractor (or its parent), please mark each that apply and show the applicable name and address. Use a separate form for each individual and label each separate form. 1. Do you have an ownership share of greater than 5% of the offering entity or parent entity? Yes
No
2. Do you have an ownership share of less than 5%, but which has a value greater than $106,447.20? Yes
No
3. Do you receive more than $106,447.20 of the offering entity’s or parent entity’s distributive income? (Note: Distributive income is, for these purposes, any type of distribution of profits. An annual salary is not distributive income.) Yes
No
4. Do you receive greater than 5% of the offering entity’s or parent entity’s total distributive income, but less than $106,447.20? Yes
No
5. If you responded yes to any of questions 1 – 4 above, please provide either the percentage or dollar amount of your ownership or distributive share of income: . For partnerships with more than 50 partners, the percentage share of ownership of each individual identified above may be shown in the following ranges (dollar value fields must also be completed when applicable): 0.5% or less____>0.5 to 1.0% ____>1.0 to 2.0%____ >2.0 to 3.0 %____> 3.0 to 4.0%____% >4.0 to 5.0%_____and in additional 1% increments as appropriate ________% 6. If you responded yes to any of the questions 1-4 above, please check the appropriate type of ownership/distributable income share: Sole Proprietorship
Stock
Partnership
Other (explain)
Name: Address:
ii.
In relation to individuals identified above, indicate whether any of the following potential conflicts of interest relationships apply. If "Yes," please describe each situation (label with appropriate letter) using the space at the end of this Section (attach additional pages as necessary). If no individual has been identified above, mark not applicable (N/A) here .
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(a)
State employment, currently or in the previous 3 years, including contractual employment of services directly with the individuals identified in Section 1 in their individual capacity unrelated to the Contractor's contract. State employment of spouse, father, mother, son, or daughter, including contractual employment for services in the previous 2 years.
Yes
No
Yes
No
(c)
Elective status; the holding of elective office of the State of Illinois, the government of the United States of America, any unit of local government authorized by the Constitution of the State of Illinois or the statutes of the State of Illinois currently or in the previous 3 years.
Yes
No
(d)
Relationship to anyone holding elective office currently or in the previous 2 years; spouse, father, mother, son, or daughter.
Yes
No
(e)
Appointive office; the holding of any appointive government office of the State of Illinois, the United States of America, or any unit of local government authorized by the Constitution of the State of Illinois or the statutes of the State of Illinois, which office entitles the holder to compensation in excess of expenses incurred in the discharge of that office currently or in the previous 3 years.
Yes
No
(f)
Relationship to anyone holding appointive office currently or in the previous 2 years; spouse, father, mother, son, or daughter.
Yes
No
(g)
Employment, currently or in the previous 3 years, as or by any registered lobbyist of the State of Illinois government.
Yes
No
(h)
Relationship to anyone who is or was a registered lobbyist of the State of Illinois government in the previous 2 years; spouse, father, mother, son, or daughter.
Yes
No
(i)
Compensated employment, currently or in the previous 3 years, by any registered election or re-election committee registered with the Secretary of State or any county clerk in the State of Illinois, or any political action committee registered with either the Illinois Secretary of State or the Federal Board of Elections.
Yes
No
(j)
Relationship to anyone; spouse, father, mother, son, or daughter who is or was a compensated employee in the last 2 years of (a) any registered election or reelection committee registered with the Illinois Secretary of State or any county clerk in the State of Illinois or (b) any political action committee registered with either the Illinois Secretary of State or the Federal Board of Elections.
Yes
No
(b)
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Section 2: Section 50-13 Conflicts of Interest (All Contractors must complete this section) (a) Prohibition. It is unlawful for any person holding an elective office in this State, holding a seat in the General Assembly, or appointed to or employed in any of the offices or agencies of State government and who receives compensation for such employment in excess of 60% of the salary of the Governor of the State of Illinois ($106,447.20), or who is an officer or employee of the Capital Development Board or the Illinois Toll Highway Authority, or who is the spouse or minor child of any such person to have or acquire any contract or any direct pecuniary interest in any contract therein, whether for stationery, printing, paper, or any services, materials, or supplies, that will be wholly or partially satisfied by the payment of funds appropriated by the General Assembly of the State of Illinois or in any contract of the Capital Development Board or the Illinois Toll Highway Authority. (b) Interests. It is unlawful for any firm, partnership, association, or corporation, in which any person listed in subsection (a) is entitled to receive (i) more than 7 1/2% of the total distributable income or (ii) an amount in excess of the salary of the Governor ($177,412.00), to have or acquire any such contract or direct pecuniary interest therein. (c) Combined interests. It is unlawful for any firm, partnership, association, or corporation, in which any person listed in subsection (a) together with his or her spouse or minor children is entitled to receive (i) more than 15%, in the aggregate, of the total distributable income or (ii) an amount in excess of 2 times the salary of the Governor ($354,824.00), to have or acquire any such contract or direct pecuniary interest therein. Check One:
No Conflicts of Interest Potential Conflict of Interest (If checked, name each conflicted individual, the nature of the conflict, and the name of the State agency that is associated directly or indirectly with the conflicted individual.)
Section 3: Debarment/Legal Proceeding Disclosure (All Contractors must complete this section). Each of the persons identified in Sections 1, 2 and 3 must each identify any of the following that occurred within the previous 10 years: Debarment from contracting with any governmental entity Professional licensure discipline Bankruptcies Adverse civil judgments and administrative findings Criminal felony convictions
Yes Yes Yes Yes
No Yes No No No
No
If any of the above are checked yes, please identify with descriptive information the nature of the debarment and legal proceeding. The State reserves the right to request more information, should the information need further clarification.
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Section 4: Disclosure of Business Operations with Iran (All Contractors must complete this section). In accordance with 30 ILCS 500/50-36, each bid, offer, or proposal submitted for a State contract, other than a small purchase defined in Section 20-20 of the Illinois Procurement Code, shall include a disclosure of whether or not the bidder, offeror, or proposing entity, or any of its corporate parents or subsidiaries, within the 24 months before submission of the bid, offer, or proposal had business operations that involved contracts with or provision of supplies or services to the Government of Iran, companies in which the Government of Iran has any direct or indirect equity share, consortiums or projects commissioned by the Government of Iran and: (1)
more than 10% of the company’s revenues produced in or assets located in Iran involve oilrelated activities or mineral-extraction activities; less than 75% of the company’s revenues produced in or assets located in Iran involve contracts with or provision of oil-related or mineral – extraction products or services to the Government of Iran or a project or consortium created exclusively by that Government; and the company has failed to take substantial action; or
(2)
the company has, on or after August 5, 1996, made an investment of $20 million or more, or any combination of investments of at least $10 million each that in the aggregate equals or exceeds $20 million in any 12- month period that directly or significantly contributes to the enhancement of Iran’s ability to develop petroleum resources of Iran.
A bid, offer, or proposal that does not include this disclosure shall not be considered responsive. We may consider this disclosure when evaluating the bid, offer, or proposal or awarding the contract. You must check one of the following items and if item 2 below is checked you must also make the necessary disclosure: (1)
There are no business operations that must be disclosed to comply with the above cited law.
(2)
The following business operations are disclosed to comply with the above cited law:
Section 5: Current and Pending Contracts (All Contractors must complete this section). Does the Contractor have any contracts pending contracts, bids, proposals or other ongoing procurement relationships with units of State of Illinois government? Yes No If yes, please identify each contract, pending contract, bid, proposal and other ongoing procurement relationship it has with units of State of Illinois government by showing agency name and other descriptive information such as bid number, project title, purchase order number or contract reference number.
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Section 6: Representative Lobbyist/Other Agent (All Contractors must complete this section). Is the Contractor represented by or does the Contractor employ a lobbyist or other agent who is not identified under Sections 1 and 2 who has communicated, is communicating, or may communicate with any State officer or employee concerning the bid, offer or contract? Yes No If yes, please identify each agent / lobbyist, including name and address.
Please identify the costs/fees/compensation/reimbursements related to assistance to obtain contract (describe):
Contractor certifies that none of these costs will be billed to the State in the event of contract award. Contractor must file this information with the Secretary of State.
The information in the Disclosures and Conflicts of Interest sections shown above are signed and made under penalty of perjury. This Disclosure information is submitted on behalf of: (Contractor Name) Name of Authorized Representative: Title of Authorized Representative: Signature of Authorized Representative: Date:
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STANDARD CERTIFICATIONS Contractor acknowledges and agrees that compliance with this section and each subsection for the term of the contract and any renewals is a material requirement and condition of this contract. By executing this contract, Contractor certifies compliance with this section and each subsection and is under a continuing obligation to remain in compliance and report any non-compliance. This section and each subsection applies to subcontractors used on this contract. Contractor shall include these Standard Certifications in any subcontract used in the performance of the contract using the Standard Subcontractor Certification form provided by the Illinois Secretary of State. If this contract extends over multiple fiscal years including the initial term and all renewals, Contractor and its subcontractors shall confirm compliance with this section in the manner and format determined by the Illinois Secretary of State by the date specified by the Illinois Secretary of State and in no event later than July 1 of each year that this contract remains in effect. If the Parties determine that any certification in this section is not applicable to this contract it may be stricken without affecting the remaining subsections but the statutory basis for the determination must be provided. 1.
As part of each certification, Contractor acknowledges and agrees that should Contractor or its subcontractors provide false information, or fail to be or remain in compliance with the Standard Certification requirements, one or more of the following sanctions will apply: the contract may be void by operation of law, the State may void the contract, and the Contractor and it subcontractors may be subject to one or more of the following: suspension, debarment, denial of payment, civil fine, or criminal penalty.
Identifying a sanction or failing to identify a sanction in relation to any of the specific certifications does not waive imposition of other sanctions or preclude application of sanctions not specifically identified. 2.
Contractor certifies it and its employees will comply with applicable provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) and applicable rules in its performance under this contract.
3.
Contractor certifies it is not in default on an educational loan (5 ILCS 385/3). This applies to individuals, sole proprietorships, partnerships and individuals as members of LLCs.
4.
Contractor (if an individual, sole proprietor, partner or an individual as member of a LLC) certifies it has not received (i) an early retirement incentive prior to 1993 under Section 14-108.3 or 16-133.3 of the Illinois Pension Code (40 ILCS 5/14-108.3 and 40 ILCS 5/16-133.3) or (ii) an early retirement incentive on or after 2002 under Section 14-108.3 or 16-133.3 of the Illinois Pension Code (40 ILCS 5/14-108.3 and 40 ILCS 5/16-133)(30 ILCS 105/15a).
5.
Contractor certifies it is a properly formed and existing legal entity authorized to do business in Illinois (30 ILCS 500/1.15.80, 20-43). Contractor certifies that it has registered to conduct business in Illinois and is in good standing with the Illinois Secretary of State.
6.
To the extent there was a incumbent Contractor providing the services covered by this contract and the employees of that Contractor that provide those services are covered by a collective bargaining agreement, Contractor certifies (i) that it will offer to assume the collective bargaining obligations of the prior employer, including any existing collective bargaining agreement with the bargaining representative of any existing collective bargaining unit or units performing substantially similar work to the services covered by the contract subject to its bid or offer; and (ii) that it shall offer employment to all employees currently employed in any existing bargaining unit performing substantially similar work that will be performed under this contract (30 ILCS 500/25-80). This does not apply to heating, air conditioning, plumbing and electrical service contracts.
7.
Contractor certifies it has neither been convicted of bribing or attempting to bribe an officer or employee of the State of Illinois or any other State nor made an admission of guilt of such conduct that is a matter of record (30 ILCS 500/50-5). 15
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8.
If Contractor has been convicted of a felony, Contractor certifies at least five years have passed after the date of completion of the sentence for such felony, unless no person held responsible by a prosecutor’s office for the facts upon which the conviction was based continues to have any involvement with the business (30 ILCS 500/50-10).
9.
If Contractor, or any officer, director, partner, or other managerial agent of Contractor, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Contractor certifies at least five years have passed since the date of the conviction. Contractor further certifies that it is not barred from being awarded a contract and acknowledges that the State shall declare the contract void if this certification is false (30 ILCS 500/5010.5).
10.
Contractor certifies it is not barred from having a contract with the State based on violating the prohibition on providing assistance to the state in identifying a need for a contract (except as part of a public request for information process) or by reviewing, drafting or preparing solicitation or similar documents for the State (30 ILCS 500/50-10.5e).
11.
Contractor certifies that it and its affiliates are not delinquent in the payment of any debt to the State (or if delinquent has entered into a deferred payment plan to pay the debt), and Contractor and its affiliates acknowledge the State may declare the contract void if this certification is false (30 ILCS 500/50-11) or if Contractor or an affiliate later becomes delinquent and has not entered into a deferred payment plan to pay off the debt (30 ILCS 500/50-60).
12.
Contractor certifies that it and all affiliates shall collect and remit Illinois Use Tax on all sales of tangible personal property into the State of Illinois in accordance with provisions of the Illinois Use Tax Act (30 ILCS 500/50-12) and acknowledges that failure to comply can result in the contract being declared void.
13.
Contractor certifies that it has not been found by a court or the Pollution Control Board to have committed a willful or knowing violation of the Environmental Protection Act within the last five years, and is therefore not barred from being awarded a contract (30 ILCS 500/50-14).
14.
Contractor certifies it has neither paid any money or other valuable thing to induce any person to refrain from bidding on a State contract, nor accepted any money or other valuable thing, nor acted upon the promise of same for not bidding on a State contract (30 ILCS 500/50-25).
15.
Contractor certifies it is not in violation of the “Revolving Door” section of the Illinois Procurement Code (30 ILCS 500/50-30).
16.
Contractor certifies that it has not retained a person or entity to attempt to influence the outcome of a procurement decision for compensation contingent in whole or in part upon the decision or procurement (30 ILCS 500/50-38).
17.
Contractor certifies it will report to the Illinois Attorney General and the Chief Procurement Officer any suspected collusion or other anti-competitive practice among any bidders, offerors, contractors, proposers or employees of the State (30 ILCS 500/50-40, 50-45, 50-50).
18.
In accordance with the Steel Products Procurement Act, Contractor certifies steel products used or supplied in the performance of a contract for public works shall be manufactured or produced in the United States, unless the executive head of the procuring agency grants an exception (30 ILCS 565).
19.
a) If Contractor employs 25 or more employees and this contract is worth more than $5000, Contractor certifies it will provide a drug free workplace pursuant to the Drug Free Workplace Act. b) If Contractor is an individual and this contract is worth more than $5000, Contractor shall not engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance during the performance of the contract (30 ILCS 580).
20.
Contractor certifies that neither Contractor nor any substantially owned affiliate is participating or shall participate in an international boycott in violation of the U.S. Export Administration Act of 1979 or the 16
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applicable regulations of the U.S. Department of Commerce. $10,000 (30 ILCS 582).
This applies to contracts that exceed
21.
Contractor certifies it has not been convicted of the offense of bid rigging or bid rotating or any similar offense of any state or of the United States (720 ILCS 5/33 E-3, E-4).
22.
Contractor certifies it complies with the Illinois Department of Human Rights Act and rules applicable to public contracts, including equal employment opportunity, refraining from unlawful discrimination, and having written sexual harassment policies (775 ILCS 5/2-105).
23.
Contractor certifies it does not pay dues to or reimburse or subsidize payments by its employees for any dues or fees to any “discriminatory club” (775 ILCS 25/2).
24.
Contractor certifies it complies with the State Prohibition of Goods from Forced Labor Act, and certifies that no foreign-made equipment, materials, or supplies furnished to the State under the contract have been or will be produced in whole or in part by forced labor, or indentured labor under penal sanction (30 ILCS 583).
25.
Contractor certifies that no foreign-made equipment, materials, or supplies furnished to the State under the contract have been produced in whole or in part by the labor or any child under the age of 12 (30 ILCS 584).
26.
Contractor certifies that it is not in violation of Section 50-14.5 of the Illinois Procurement Code (30 ILCS 500/50-14.5) that states: “Owners of residential buildings who have committed a willful or knowing violation of the Lead Poisoning Prevention Act (410 ILCS 45) are prohibited from doing business with the State until the violation is mitigated.”
27.
Contractor warrants and certifies that it and, to the best of its knowledge, its subcontractors have and will comply with Executive Order No. 1 (2007). The Order generally prohibits Contractors and subcontractors from hiring the then-serving Governor’s family members to lobby procurement activities of the State, or any other unit of government in Illinois including local governments if that procurement may result in a contract valued at over $25,000. This prohibition also applies to hiring, for that same purpose, any former State employee who had procurement authority at any time during the one-year period preceding the procurement lobbying activity.
28.
Contractor certifies that information technology, including electronic information, software, systems and equipment, developed or provided under this contract will comply with the applicable requirements of the Illinois Information Technology Accessibility Act Standards as published at www.dhs.state.il.us/iitaa (30 ILCS 587).
29.
Contractor certifies that it has read, understands, and is in compliance with the registration requirements of the Elections Code (ILCS 5/9-35) and the restrictions of making politicalcontributions and related requirements of the Illinois Procurement Code (30ILCS 500/20-160 and 50-37). Contractor will not make a political contribution that will violate these requirements. These requirements are effective for the duration of the term of office of the incumbent Governor or for a period of 2 years after the end of the contract term, whichever is longer.
CONTRACTOR (show Company name and DBA)
Signature Printed Name Title
Date
Address
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TAXPAYER IDENTIFICATION NUMBER I certify that: 1.
The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2.
I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and
3.
I am a U.S. person (including a U.S. resident alien). If you are an individual, enter your name and SSN as it appears on your Social Security Card. If you are a sole proprietor, enter the owner’s name on the name line followed by the name of the business and the owner’s SSN or EIN. If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s name on the name line and the d/b/a/ on the business name line and enter the owner’s SSN or EIN. If the LLC is a corporation or partnership, entire the entity’s business name and EIN and for corporations, attach the IRS acceptance letter (CP261 or CP277). Name: Business Name: Taxpayer Identification Number: Social Security Number: Or Employer Identification Number: Legal Status (check one): ____ Individual
____ Government
____ Sole Proprietor
____ Nonresident Alien
____ Partnership/Legal Corporation
____ Estate or Trust
____ Tax-exempt
____ Pharmacy (Non-Corporation)
____ Corporation providing or billing medical and/or health care services
____ Pharmacy/Funeral Home/Cemetery (Corporation)
____ Corporation NOT providing or billing medical and/or health care services
____ Limited Liability Company (select applicable tax classification) D = disregarded entity C = corporation P = partnership
Printed Name
Signature
Date
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CONTRACT FOR SUPPLIES AND/OR SERVICES The PARTIES to this CONTRACT are the Illinois Secretary of State (hereinafter “AGENCY”) and VENDOR. The PARTIES, agree to perform in accordance with the provisions of this CONTRACT and the attachments described below. This CONTRACT, consisting of the signature page and numbered sections listed below and any attachments referenced in this CONTRACT, constitutes the entire CONTRACT between the PARTIES concerning the subject matter of the CONTRACT. 1. TERM OF CONTRACT: The term of this CONTRACT and provisions for renewal and termination are as specified in the Term of Contract attachment. 2. DESCRIPTION OF SUPPLIES AND SERVICES: VENDOR shall provide the supplies and/or perform the services specified in Description of Supplies and Services attachment. 3.
PRICING/COMPENSATION: AGENCY shall pay VENDOR for the supplies and/or services referenced herein in accordance with the rates or prices established in the Pricing/Compensation attachment.
4. STANDARD TERMS AND CONDITIONS: Standard terms and conditions applicable to this CONTRACT are specified in the Standard Terms and Conditions, Disclosures, and Certifications Attachments. 5.
OTHER ATTACHMENTS: Additional terms and conditions are shown in the following attachments: Agency Supplemental Terms and Conditions Yes____ No_X__ Vendor Provided Additional Material and Exceptions Yes____ No___
In the event of a conflict between the AGENCY’S contractual agreement and any vendor's terms or conditions, the AGENCY’S terms shall prevail and control. If there is a contradiction, conflict, or inconsistency between AGENCY’S contractual provisions and any VENDOR terms and conditions, including any VENDOR attachments, the contradiction, conflict, or inconsistency shall be resolved in favor of the AGENCY contractual provisions. In Witness whereof, AGENCY and VENDOR have caused this CONTRACT to be executed by duly authorized representatives of the respective PARTIES on the dates shown below. VENDOR (show Company name and DBA)
DEPARTMENT
Signature
Signature
Printed Name
Title
Title
Date
Date
Fax
Address
OFFICE OF THE SECRETARY OF STATE Signature
Phone
Fax
Title
Date
FOR STATE USE ONLY Secretary of State Contract # Signatures Secretary of State Chief Legal Counsel Date Secretary of State Chief Procurement Officer Date Secretary of State Chief Fiscal Officer Date
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TERM OF CONTRACT a.
b.
Term of this Contract: i.
This contract has an initial term that begins with the execution of the contract and continues for seven (7) years. The term shall commence upon the last dated signature of the PARTIES.
ii.
In no event shall the total term of the CONTRACT, including the initial term, any renewal terms and any extensions, exceed ten (10) years.
iii.
VENDOR shall not commence billable work in furtherance of the CONTRACT prior to final execution of the CONTRACT.
Renewal: Is there an option to renew? No
Yes
i. Option to renew one time for 3 years or 3 times for 1 year each.
c.
Early Termination: The State reserves the right to terminate this contract without cause and without penalty or further payment being required upon thirty (30) days prior written notice. Upon exercise of this right, AGENCY shall pay VENDOR for supplies and services satisfactorily provided and for authorized expenses incurred up to the time of termination.
d.
Billing and Invoicing: Bill to: Secretary of State Dept. of Driver Services 2701 S. Dirksen Pkwy. Springfield, IL 62723 Attn: Drivers Fiscal Operations
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DESCRIPTION OF SUPPLIES AND SERVICES Scope: ILSOS is seeking bids from vendors for an automated test system with the following mandatory components: System Administration Testing Workstation Hardware/Software Drivers’ Education Testing Professional Services In addition, ILSOS is interesting in the following optional components: Road Test Hardware/Software Scheduling
The Vendor must provide all hardware, software, and services to transition from our current vendor system by the target date of April, 2015. All equipment must be new; refurbished equipment will not be accepted. All bids should include FOB Destination. The initial term of the contract will be seven (7) years, including approximately 1.5 years for implementation and then 5.5 years of production. A three (3) year renewal option may be available after the initial seven (7) years up to a maximum ten (10) years total from contract execution date to expiration. Procurement Process and Important Dates
Event RFP Posted Final Questions Due Final Answers Posted Bid Opening
Date June 7, 2013 June 21, 2013 June 25, 2013 July 9, 2013 2:00pm
Questions can be sent at any time, and answers will be posted by Tuesday, June 25, 2013. Vendor responses must be checked in by the Budget Office no later than 2:00pm on July 9, 2013. Vendors are welcome, but not required to be present for the bid opening. Submission of Proposals Written proposals must provide complete, detailed descriptions to address every listed requirement. Simply stating “will comply” does not satisfy the response to the requirement. It should be structured to follow the sections in the requirement tables. Proposals not in this format may be rejected. If the proposal is not rejected, scoring will be affected if the reviewers have to search through the entire document to find specific information. Wherever possible, proposals should include screen shots and sample reports from actual applications. Cost proposals must be submitted in a separate, sealed envelope, and are required to be on the attached cost proposal worksheet. See Attachment 1 – Cost Proposal Worksheet. Evaluation Process Vendor responses will be evaluated in a three phase process. Phase 1 – Evaluation of Written Proposals The first phase is evaluation of the written proposal and uses a points-based scoring system. Each major section of requirements is worth a certain number of points. Scores from all evaluators will be averaged, and the final average score must be at least 330 points.
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Section
Possible Points Solution Requirements 170 System Administration Requirements 60 Testing Workstation Hardware / Software 60 Drivers’ Education 30 Services 20 Project Management and Implementation Requirements 130 Key Personnel 20 Project Management 20 Change Control 10 Testing / Test Systems 20 Training 20 Documentation 20 Implementation & 90 Day Support 20 Long Term Account Management, Maintenance, and Support Requirements 110 Account Management 20 Service Level Agreement 40 Damages 10 Information Technology Requirements 40 Total Responsive Points 410 OPTIONAL REQUIREMENTS – Bonus Points 20 Road Test System 10 Scheduling System 10 Total Possible Points Including Bonus Points 430 There are a total of 410 points available for the written proposals. Vendors must receive an average minimum score of 330 points to continue to the next phase of the evaluation process. Phase 2 – Evaluation of Vendor Presentations / Demonstration Systems The second phase of the evaluation process is vendor presentations. Vendors who meet the minimum number of points in phase one may be contacted and asked to present their solution in Springfield, Illinois on a date to be determined (likely in August). ILSOS will determine the need for vendor presentations after the completion of the written proposal evaluations. If vendor presentations are not needed, all the vendors that received the minimum required points in Phase 1 will advance to the cost proposal evaluation, Phase 3. If vendor presentations are required, the presentations will be evaluated on a pass/fail basis by each evaluator and vendors must receive a “pass” from the majority of evaluators to advance to Phase 3 of the evaluation process. To receive a “pass” from an evaluator, the evaluator must be confident that the vendor would be capable of delivering all of the required functionality and services. Evaluators make this determination using all the information that is available to them including the written proposals, presentations, reference responses, responses to any evaluator questions, etc. Phase 3 – Evaluation of Cost Proposals The third and final phase in the evaluation process is the cost proposal evaluation. The cost proposals will be opened for all vendors that make it to Phase 3 of the evaluation process. Determination of award will be based upon the best price for the core functionality, not including the optional components. ILSOS reserves the right to purchase optional components at any point in the full term of the contract.
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Overview of Requirements The following sections will provide high level requirements and descriptions of necessary system functions. Solution Requirements o
o
System Administration Requirements
Content Management
User administration
Reports
Testing Workstation Hardware / Software
Hardware and operating system
Testing Functions
o
Drivers’ Education
o
Services
Translation services for new content
Validation of content for bias, difficulty level, etc.
Project Management and Implementation Requirements o
Key Personnel
o
Project Management
o
Change Control
o
Testing / Test Systems
o
Training
o
Documentation
o
Implementation & 90 Day Support
Long Term Account Management, Maintenance, and Support Requirements o
Account Management
o
Service Level Agreement
Maintenance
Support
o
Damages
o
Information Technology Requirements
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OPTIONAL Requirements o
Road Test System
o
Scheduling System
These requirements will be used as the basis for the evaluation of written proposals and Vendor presentations. To receive the maximum points for any section, proposals must include sufficient detail to allow for analysis of system functionality including screen shots of software and sample documents or reports whenever possible. Proposals that lack sufficient detail may be rejected by the evaluation committee and not given a score. Answers such as “included” or “will comply” are not sufficient for any section of the vendor response. The specifications of this RFP are based on the legal requirements for testing applicants for all types of driver licenses, and permits in effect at the time of the issuance of this RFP. The successful bidder will be required to implement any changes in these legal requirements enacted after the issuance of this RFP. The cost for any such changes will be subject to negotiation between ILSOS and the successful bidder.
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Solution Requirements 1.0 System Administration This section will include requirements for creating and managing content and for managing users. Req #
System Administration Requirements
60 Points
Content Management Create Test Questions 1.1
30
ILSOS must have the ability to enter test questions and answer choices for each question, indicating the correct answer. 1.2
Use of Media System must allow the use of images and or video associated with question and answer choices.
1.3
Audio System must be capable of storing an audio recording of each question and answer choice. ILSOS must have the ability to record and upload the audio without the need for outside services.
1.4
Pool of Questions System should have a pool of prewritten questions and answer choices available for use on ILSOS created tests. Questions in the prewritten pool must be compliant with all Federal regulations.
1.5
Category of Test Questions System must allow ILSOS to assign a category to a test question that was custom written and also a test question that was selected from the shared pool.
1.6
Creation of Tests ILSOS must have the ability to create tests using all custom written questions, all questions from the shared pool or any combination of questions. Functions must include: Setting the number of questions from each category that will be randomly selected. Ability to select no randomization of questions for a test. Selecting a category for the test itself – for permission purposes. For specific questions, indicate that answers should not be randomized. Setting mandatory questions on a test. (See below for mandatory question requirements.) Re-using the same question and answer choices on more than one test.
1.7
Validation of Questions The system must allow questions to be added to a test for validation purposes. They must be treated as mandatory questions that the applicant must answer, but will not be used for scoring. The purpose is to validate the difficulty level of a new question before including it as an actual test question for scoring. 25
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Req #
System Administration Requirements
1.8
Mandatory Questions
60 Points
When questions are marked as mandatory on a test, those questions should be given first and cannot be skipped. 1.9
Post Test System must allow creation of a “post-test” feedback form to collect information from the applicant.
1.10
Preview Questions / Tests System must show a preview of any questions or tests entered in the system administration module to demonstrate to the user how the content would appear on a testing workstation.
1.11
Languages The system must be capable of storing the same test questions, answer choices, and full tests in multiple languages including, but not limited to; English, Spanish, Polish, Korean, and Chinese - Mandarin. Translation must be in both written and audio forms. ILSOS must have the ability to upload the translated audio.
1.12
Translators System must be capable of storing a list of translators and the languages that they speak.
1.13
Paper Tests The system must have the ability to print paper tests in the event of a communications failure with the central server. Paper tests must be available in all offered languages, and must print in both English and the selected foreign language (see section 2.22). When paper tests are used the answer key must also print for grading purposes. The system must provide a user interface for entering the information from paper tests.
1.14
Historical Data The system must have the ability to retrieve completed tests for any applicant. Specific test questions, answers selected, scores, etc., must be available for review. Previous tests must be stored for a minimum of 5 years from the test date.
1.15
Assignment of Testing Workstation System must allow a facility employee to assign an applicant to a particular test workstation to maximize the physical distance between testers.
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Req #
System Administration Requirements
60 Points
User Administration Access to System Administration 1.16
20
Access to the system administration module must be controlled with username and password login and validation of appropriate permissions.
1.17
User Account Management The system administration module must include centralized user account management functions for: Adding and removing users Resetting passwords View last login date/time for each user Managing user permissions Setting user password expiration periods ILSOS uses Active Directory for other applications. Vendor may propose the use of Active Directory for user account management.
1.18
Location Permissions The system must allow each testing location to be entered and permissions to be set and managed for each. Permissions must include: User access to content for each location. Assignment or limitation of specific tests to specific locations. Locations may include 654 high schools in addition to ILSOS facilities. (See Driver’s Education requirements.)
Reports Standard Reports 1.19
10
Proposals must include a list of all standard reports with report samples. 1.20
Information from Reports The following information must be available either via standard or custom reports: Number of tests given and failed by language Number of tests given and failed by presentation category Number of tests given and failed by type Average elapsed time for test Average time taken to answer each question Number of times question is asked Number of times question is given Number of times question is answered correctly and incorrectly Average number of questions asked per test when “quick pass” function is 27
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Req #
System Administration Requirements
60 Points
utilized Record of test question validity by computing percentage of incorrect answers entered by each question and each answer Number of applicants who utilized the option to review the questions answered incorrectly Number of tests printed Number of tests terminated and reason terminated 1.21
Pass / Fail Statistics The system must be capable of generating reports with statistics on pass / fail rates by facility, specific question, specific test, translator, and by date range.
1.22
Custom Reports Vendor must agree to provide up to ten (10) custom reports to be determined during the project planning and requirements phase.
2.0 Testing Workstation Hardware / Software Req #
60 Points
Hardware & Operating System Requirements Testing Workstation Hardware Components: 2.1
30
All-in-One computer Touch Screen Monitor Keyboard Optical Mouse Headphone Port Surge Protector Cabling & Wiring 2.2
All-in-One Computer Requirements Current, available technology Dual core processor RAM – Minimum of 4 GB, prefer 6 GB Processor Speed – Minimum of 3.00 GHZ Hard Drive – Minimum of 500GB Minimum of 6 USB ports Ports to accommodate all peripherals and potential additional peripherals
2.3
Monitor Requirements Current, available technology Touch Screen Minimum of 17” diagonal Ergonomically satisfactory for comfort and fatigue-free viewing 28
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Req # 2.4
60 Points Keyboard Requirements Current, available technology Must not require batteries Angle adjustable 10 Key Pad separate on Keyboard Function Keys are separate (Not Ctrl +) Hot Keys Ergonomically satisfactory for comfort and fatigue-free use
2.5
Optical Mouse Requirements Current, available technology Optical Must not require batteries Two button with scroll wheel Mouse pad Ergonomically satisfactory for comfort and fatigue-free use
2.6
Headphone Port Headphone port must be provided and easily accessible to user.
2.7
No Cabinet Equipment must be capable of being installed on a counter, table, or desk and should not be built-in to a cabinet.
2.8
Surge Protector Requirements All proposed equipment that is sensitive to voltage fluctuation must be connected to a surge protector to ensure proper operation and to prevent damage to equipment.
2.9
Cabling and Wiring Requirements All necessary cables, wires, connectors, hubs, or other peripheral devices necessary for the installation of the equipment must be included and compatible with the ILSOS local network.
2.10
Mounting Hardware or Other Accessories All equipment must be professionally installed using appropriate mounting hardware or other accessories as needed. Wires must be hidden and protected from any rough cut holes or counter edges using appropriate professional materials. All cables must be appropriately labeled at both ends.
2.11
Hardware Condition All hardware must be new. Used, refurbished, or remanufactured equipment is not acceptable.
2.12
Hardware Availability All hardware must be currently available. Devices or components of devices that have been discontinued are not acceptable. Hardware that is selected must not be at the end of its life cycle. 29
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Req #
60 Points
Vendors must supply the original release date of the hardware and any known withdrawal dates including, but not limited to withdrawal dates for marketing, enhancements, and support. 2.13
Operating System Requirements Microsoft Operating System must be Windows 7 or newer with current service pack and still supported.
2.14
Hardware Specifications Proposals shall include representative hardware specifications with the understanding that exact models may change prior to the purchase date, and will be agreed upon at that time. In the event that any hardware becomes unavailable or discontinued, and the quantity of spares reaches a level less than what would normally be replaced in any 6 month period, Vendor agrees to work with ILSOS to identify acceptable replacement equipment and to take steps necessary to implement the use of the replacement equipment at no additional cost to ILSOS. Vendor must guarantee no interruption of service due to shortage or unavailability of replacement hardware.
2.15
Hardware for Mobile Units ILSOS has 6 mobile units for processing DL applications at various locations and special events. The mobile units currently offer paper tests. ILSOS would like to see proposals for hardware that is more portable than the testing workstation hardware that will be used in facilities so that the mobile units can discontinue the use of paper tests.
Testing Functions Display Instruction Screen 2.16
30
The system must be capable of displaying an instruction screen prior to the start of a test with a practice question. 2.17
Use of Touch Screen or Mouse Applicant must be able to take the test using either the touch screen or the mouse.
2.18
Translator If a translator is used, the system must be capable of storing the translator’s name and identification information (to be defined) and keeping a record of each test where they provided translation services.
2.19
Applicants Image For security reasons, the system must be capable of displaying the applicant’s photo on the screen while taking the test. This allows employees to quickly determine that the correct person is taking the test. This function must be configurable by location because some locations will not have images to display. 30
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Req # 2.20
60 Points Skip a Question The applicant must have the ability to skip a question during a test one or more times. The number of times a question can be skipped must be configurable by test.
2.21
Display Feedback to the Applicant The system must be capable of displaying on-going feedback to the applicant during the test. The system must display: Total number of questions on the test. Number of questions completed and number of questions remaining. Number of questions answered correctly and incorrectly. Number of questions skipped. Correct answers for questions answered incorrectly. These functions must be configurable by test and/or location.
2.22
Languages The system must be capable of displaying test questions and instructions in multiple languages including but not limited to; English, Spanish, Polish, Korean, and ChineseMandarin. Translation must include both written text and audio. System must allow toggling back and forth between the foreign language selected and English so that employees will be able to assist the applicant if they have problems during the test. If paper tests are printed in a foreign language, each question should also be printed in English to facilitate grading by the employee. The answer key must also print in both the foreign language and English.
2.23
Audio The system must be capable of playing an audio recording of each question and answer choice for the applicant via headphones. The audio function must include the ability to replay any question or answer choice on demand. The audio play button must not be visible if audio is not available for a specific test, question, or answer. The system must reset the audio volume level to a configurable default after each test is completed.
2.24
Quick Pass / Quick Fail System must inform applicant when they have either answered enough questions correctly to pass or answered too many questions incorrectly to pass. This function must be configurable per test. For quick fail, the applicant must have the option to complete the remaining test questions even after failing.
2.25
Review Incorrect Questions / Answers The system must give the applicant the ability to review the questions answered incorrectly along with both the correct answer and the answer they selected. 31
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Req #
60 Points
2.26
Applicant’s Information
2.27
The system must be configurable by location to allow the applicant’s information to be sent from the ILSOS system or to allow the applicant to enter their information on the testing workstation. Time The system must track the start and end times for each test and be capable of limiting the time for a test configurable for specific tests.
2.28
Data Exchange System must be capable of receiving applicant information, including a facial image file, and required tests electronically from ILSOS systems, and must be capable of returning test results. This is currently being done through file sharing on distributed Linux servers.
2.29
Verification of Tester System must have a method of verifying that the correct person is at the testing workstation. Currently, this is done by asking the applicant to enter their date of birth to start the test.
3.0 Driver’s Education (30 Points) ILSOS uses an online system for registering drivers’ education instructors and students at Illinois high schools. All drivers’ education students currently take paper tests in their classrooms. ILSOS would like to use the automated test system to allow high school drivers’ education students to take their written exams online via web browser from the schools’ computers. Proposals must include suggestions for how to implement online testing for drivers’ education programs. Proposals must address the possibility for the integration of the drivers’ education program to be via web service from within our application.
4.0 Services The following services must be offered on an a la carte basis. Over the full term of the contract, ILSOS will need to update content, and to add new content, and will need translation and validation services for the new content. Because it is impossible to estimate the volume of these changes, ILSOS is not expecting these services to be built-in to the contract cost. In the written proposal, Vendors should describe the services that they are able to offer, and should include hourly pricing in the separate cost proposal.
Req #
A la Carte Services
20 Points
Translation Translation of Content 4.1
10
Vendor shall provide translation services for ILSOS created content on an a la carte basis. Languages must include, but not be limited to: English Spanish Polish 32 Revised 5/2013
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Req #
A la Carte Services
20 Points
Korean Chinese - Mandarin
4.2
Cost proposals must include hourly rates. Cost information must not be included in the written response to this section. Testing of Translated Content Translated content must be tested for accuracy and format in the application prior to delivery to ILSOS.
4.3
Audio Translation services must include audio recordings, as well as, written content.
4.4
Timeline for Delivery of Translated Content Vendor must be capable of delivering translated and fully tested content to ILSOS within 15 business days.
Validation of Content Validation of Content 4.5
10
Vendor must provide a la carte services for the validation of all content for bias, accuracy, and level of difficulty. Cost proposals must include hourly rates. Cost information must not be included in the written response to this section.
5.0 Project Management and Implementation Requirements Req # Project Management and Implementation Requirements Key Personnel Project Team 5.1
130 Points 20
The Vendor shall propose a project team composed of the best-qualified staff for the Office of the Illinois Secretary of State (ILSOS). Key personnel are those responsible for the management, planning, design, testing, implementation, installation, system integration, security, and ongoing maintenance of the automated testing system and processes. ILSOS has designated two (2) positions as key personnel: Vendor Project Manager / Business Operations Manager (could be two people) Vendor Technical Lead / Installation Manager (could be two people) The Vendor shall specify the name of each person designated as Key Personnel and shall provide detailed resumés for each of the staff that is proposed to meet the Key Personnel Minimum Requirements. The Vendor must demonstrate through resumés and references that each proposed Key Personnel possesses a minimum level of experience in the general areas of responsibility listed for that position. Points will be awarded for proposed key personnel with additional desirable experience.
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Req #
Project Management and Implementation Requirements Resumés must be specific to the individuals who will perform the tasks and produce the deliverables associated with this project; "representative" or "sample" resumés are not acceptable. Sufficient detail must be included in each resumé to allow ILSOS to verify the experience cited, including an explicit statement of the total cumulative time each individual performed work on each of the components for each project on which they worked. ILSOS, at its discretion, may contact the listed references to confirm the information provided by the Vendor. Notice will be provided to the Vendor prior to contacting any listed references.
5.2
On Site Work
130 Points
The identified “Key Personnel” must be available to work on site (Springfield, Illinois) as determined by ILSOS at the time of contract award and continuing through the implementation of the automated test system. Any work that is to be performed offsite (not at an ILSOS location) is subject to prior written approval by the ILSOS Project Manager and all Vendor personnel assigned to this project must be available Monday through Friday, during normal business hours (8am-5pm) Central Time. 5.3
Vendor Project Manager The Vendor will designate and provide an experienced Project Manager with responsibility for all aspects of the contract. The Vendor shall include a detailed resumé identifying the Project Manager by name, including education, project management experience, experience implementing statewide or multiple site systems, and other qualifications supporting the efforts of implementing an automated test system of this size and complexity. ILSOS reserves the right to interview the proposed Project Manager prior to contract award. The Vendor Project Manager is responsible for the day-to-day management of the contract, including overall performance and contract compliance, and is the Vendor’s onsite representative making decisions on behalf of the Vendor. The Vendor Project Manager is responsible for managing and coordinating all Vendor resources, including any subcontractor resources assigned to the contract, and ensuring that all tasks are executed in compliance with the agreed upon schedules and State of Illinois requirements. The Vendor Project Manager must be available for regular onsite meetings in Springfield from contract award and until the ILSOS officially accepts the Vendor’s production system. The duties of the Vendor Project Manager will include, but are not limited to the following: Works closely with the ILSOS Project Manager on a daily basis. Directs the contracted portions of the project with responsibility for project performance from initiation to closure, including planning, organizing, managing, and controlling all aspects of the project, and that project tasks are performed according to the approved Project Schedule and Project Plan. Initiates and maintains project documentation systems to ensure that project documentation is up-to-date, organized and readily accessible by appropriate Vendor and ILSOS staff. Communicates with the ILSOS’s Project Manager regularly, as determined by ILSOS, 34
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Req #
Project Management and Implementation Requirements regarding project progress and activities, and ensures adequate communication between members of the Vendor’s and ILSOS’s implementation staffs.
130 Points
Promptly consults with the ILSOS's Project Manager when Project Plan deviations occur, and documents all such plan deviations in accordance with agreed upon change control procedures. Identifies potential problem areas, recommends solutions, and works closely and cooperatively with the ILSOS Project Manager to resolve issues quickly and fairly. Identifies and provides ILSOS with timely written notice of all issues that may threaten the implementation, operation or performance of the system. Maintains a log of all defects, incomplete requirements or unresolved issues that occur over the course the project, including date and manner of resolution. A current soft copy of such log shall be made available to the ILSOS Project Manager and designees at all times. Provides consultation and advice to the ILSOS on matters related to project implementation strategies, key decisions and approaches, and project operational concerns/issues, and acts as a liaison to the Vendor’s specialist resources that may be needed to supplement the Vendor’s normal implementation staff. Facilitates review meetings and conferences between the ILSOS and the Vendor’s executives when requested by the ILSOS. 5.4
Vendor Business Operations Manager The Vendor Business Operations Manager is responsible for the business process development, documentation, implementation, and training. This position also assists the Vendor Project Manager with the installation, system integration, security, and database design to ensure the technology solution meets the business process need. The Vendor Business Operations Manager must be available for regular onsite meetings in Springfield from contract award and until the ILSOS officially accepts the Vendor’s production system.
5.5
Vendor Technical Lead The Vendor Technical Lead is responsible for developing the System Architecture and Integration Plan for all the components relating to the proposed solution. The Vendor Technical Lead must be available for regular onsite meetings in Springfield from contract award and until the ILSOS officially accepts the Vendor’s production system.
5.6
Vendor Installation Manager The Vendor shall provide an Installation Manager with experience managing similar large-scale software/hardware installations. The Vendor Installation Manager must be available to work on-site in Springfield, Illinois during any system installation period, including facility installations or data center installations.
5.7
Continuity of Project Staff and Replacement Personnel ILSOS reserves the right, at its sole discretion, to disapprove the continuing assignment of Vendor personnel provided to the ILSOS under this contract. If the ILSOS exercises this right, the Vendor must terminate the personnel from the contract within three (3) 35
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Req #
Project Management and Implementation Requirements working days of notice by ILSOS, and must provide qualified replacement personnel who meet the minimum requirements set forth in this RFP within five (5) working days of the ILSOS exercising its rights under this paragraph. A failure to provide qualified replacement personnel (as determined by the ILSOS), within the specified period, will constitute a breach of this agreement and will entitle the ILSOS, at its sole discretion, to pursue all of its available legal remedies.
130 Points
If replacement of any key personnel is necessary, the Vendor shall notify the ILSOS Project Manager and submit a resumé for the replacement personnel to the ILSOS Project Manager within five (5) business days of notification to the ILSOS. The replacement personnel must have the skills and experience, which meet or exceed the minimum requirements set forth in the RFP. The ILSOS Project Manager will approve or reject the replacement personnel before their services are rendered. In the event the ILSOS Project Manager does not approve such replacement, the Vendor shall continue to submit resumés until the ILSOS Project Manager approves such replacement. A failure to provide suitable replacement personnel, as determined solely by the ILSOS, shall constitute a breach of this agreement and shall entitle the ILSOS, at its sole discretion, to pursue all of its available legal remedies. Project Management Project Management Responsibilities 5.8
20
The Vendor project manager will be expected to be involved in every detail of the project from start to finish. High level oversight will not be acceptable. The requirements listed in this document are not meant to be the final requirements of the project. The Vendor project manager should expect to follow project phases from project initiation through acceptance, including requirements gathering and analysis. The Vendor project manager should be prepared and capable of facilitating requirements gathering meetings with ILSOS staff. The Vendor project manager needs to be involved in the technical details of the design, development, and testing phases of the project, and should not expect the Vendor technical lead to fully manage those activities. 5.9
Project Work Plan The Vendor shall include in the response a draft project work plan that includes project phases and milestones required from project initiation through full implementation (i.e. planning, analysis, design, development, testing, deployment, and operations), working backwards from the target implementation date of April, 2015. The project work plan should be as detailed as possible with the understanding that it will be revised during the planning and initiation phase of the project. The project work plan will be a living document that must be kept up to date with tasks completed, modified, or added through the life of the project. The project work plan will be used as a measurement of progress.
5.10
Communication The Vendor project manager shall manage the work by establishing and maintaining communications with all groups related to the project. The activities of the Vendor’s project team shall be directed, coordinated and communicated with the ILSOS Project Manager to ensure that the project progresses per the project work plan and is completed on schedule. The Vendor project manager must communicate with the ILSOS project manager on a daily basis for resolution of issues, decisions, or just to report project status. 36
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Req # 5.11
Project Management and Implementation Requirements Weekly Status Reporting
130 Points
Vendor’s Project Manager must facilitate weekly project status reviews to ensure measurable progress is being achieved and the Vendor’s project team is following the agreed upon work plan. Additional meetings shall be scheduled as required by the ILSOS Project Manager or the Vendor. The Vendor’s Project Manager and personnel shall be available to provide information, reports, audits or other special projects as required by the ILSOS Project Manager. The following deliverables are required prior to the weekly status meetings: Updated project work plan indicating progress for each task Identify and report the status of all tasks that have fallen behind schedule, the reason for the delay, the projected completion date and project impact Identify and summarize all risks and problems identified by the Vendor, which may affect the project: o For each risk and issue, identify the action and person(s) responsible for mitigating the risk and resolving the issue, and the time required to implement avoidance and/or mitigation actions o For each risk and issue identified, state the impact to the project schedule Discuss and identify all personnel, equipment, facilities and resources of ILSOS that will be required for the Vendor to perform the project work plan tasks at least two (2) weeks in advance of the need. Change Control Change Control Plan 5.12
10
The Vendor shall develop, implement, and maintain a Change Control Plan, subject to ILSOS approval, in accordance with industry standards that sets forth the procedures for controlling changes to project scope, cost, schedule, and quality requirements. The Change Control Plan shall include the procedures and entities involved with requesting, evaluating and approving changes to the project deliverables. 5.13
Documentation All changes must be documented. Approval must be obtained prior to any work on changes. Documented changes must have official sign-off by both the ILSOS and Vendor project managers, and should include the reason for the change.
5.14
Sample Change Control Plan The Vendor’s proposal shall include a sample Change Control Plan and description of how the Vendor project manager has implemented change control processes for other projects with similar size and scope. The Vendor’s sample Change Control plan, at a minimum, shall address: How changes will be identified, documented, evaluated, approved or rejected, and tracked through implementation How impact analysis and options will be documented and presented Roles and responsibilities of all entities involved in the change control process Identification of an escalation process and authority levels for changes Sample forms and workflow
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Req # 5.15
Project Management and Implementation Requirements Change Orders
130 Points
Care must be taken when evaluating the requirements and preparing the cost proposal. Change orders are rarely approved. If a scope change does occur that will impact the cost or timeline of the project, the ILSOS Project Manager and the ILSOS Budget Office must be notified in writing immediately upon discovery and BEFORE any work takes place. Change orders submitted for work that has already been completed will NOT be considered. Written approval must be obtained prior to any work that is considered outside the original scope. 5.16
Addition of Outside Resources If at any point during the life of the contract, the Vendor has the need to bring in third party resources, which could mean subcontractors, contractual employees, consultants, or any other person who is not a full time employee of the Vendor, formal subcontractor approval processes must be followed. The Vendor must declare the use of a subcontractor and the subcontractor must be registered to do business in Illinois. The third party resource is not allowed to do any work on the project until all of these tasks are complete and official approval has been given by the ILSOS Budget and Procurement Office.
Testing & Test Systems Test Plan 5.17
20
The Vendor shall develop, implement, and maintain a Test Plan, subject to ILSOS approval, in accordance with industry standards to manage testing and defect tracking for the purpose of providing an efficient error correcting process to be used in system and user acceptance testing (UAT). The test plan must include all of the following: Unit testing – on-going development testing (Vendor) Integration testing – all the pieces work together (Vendor and ILSOS) Usability testing – user friendly, intuitive application (Vendor and ILSOS) Functional testing – test scenarios against requirements (Vendor and ILSOS) Performance testing – stress and load (Vendor) o Vendor to provide mechanism to create load and stress conditions Testing of external interfaces – communication with other applications, databases, etc. (Vendor and ILSOS) Continuous regression testing – on-going to determine impact of changes (Vendor and ILSOS) Backup and recovery testing – ability to conduct a local recovery and disaster recovery (Vendor and ILSOS) The Test Plan must include a schedule for when software or other changes will be deployed to the test system and testers must receive documentation of the changes. ILSOS requires a minimum of two (2) weeks’ notice to schedule resources for UAT. 5.18
Test Systems The Vendor is required to provide two complete test systems. The first one is the Vendor Quality Assurance System. This system must be installed at a Vendor location and must be accessible to Vendor quality assurance employees. Any development, enhancements, upgrades, changes, etc. must be thoroughly tested by the Vendor before releasing to ILSOS for user acceptance testing. The second complete test system is the ILSOS User Acceptance Test System. This 38
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Req #
Project Management and Implementation Requirements system must be installed in the ILSOS data center and must be accessible to ILSOS employees around the State that will be responsible for testing any enhancements, upgrades, or changes prior to moving the changes into the ILSOS production environment. This system will be used for the initial user acceptance testing during the first two years of the contract period and prior to full system implementation, but must also be available for on-going testing and training for the life of the contract.
130 Points
Test workstations will be installed in 4 – 6 locations around the state. 5.19
Test Scripts The Vendor must provide and execute a test script, subject to ILSOS approval, prior to the implementation of equipment, configuration changes and/or software to the UAT system. ILSOS must conduct testing of new equipment and/or software in UAT before any such changes are installed in production. Full regression testing by the Vendor on the QA system will be expected before any change is deployed to the UAT system.
5.20
Documentation for Testing Updated user, and/or administrator manuals are to be supplied prior to the testing and acceptance phases of the project. Vendor must supply written test cases for ILSOS resources to use during UAT.
5.21
User Acceptance Testing The User Acceptance Testing (UAT) must be planned and coordinated jointly by the Vendor and ILSOS project managers. The Vendor must use standard defect tracking tools to track all feedback from testers. Final UAT shall end when the system has met the standard of performance for a period of ten (10) consecutive working days, as determined by the ILSOS Project Manager in conjunction with ILSOS testers. Locations for the testing workstations must include: Melrose Park Training Facility Springfield, Dirksen Parkway Training Facility Marion Training Facility th Springfield, Howlett Bldg, 5 Floor Possibly 2 other locations to be determined. Prior to final sign-off of user acceptance testing, all stated requirements for functionality must be in place, tested, and working free of bugs or defects, and all system performance testing must be complete and must meet required performance measures.
5.22
End-to-End Integration Testing The test plan must be designed to exercise the entire system including all features and functions. Before acceptance of the system, ILSOS needs to verify that all the features and functions have been delivered and operate as set forth in the contract. Individual pieces can be tested as they become available, but complete end-to-end system testing is required prior to go live. Both the Vendor and ILSOS personnel will operate the system to assure its complete functionality and compatibility with the ILSOS Communications Network.
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Req # 5.23
Project Management and Implementation Requirements Performance Testing
130 Points
Performance testing shall end when the system has met the standard of performance for a period of ten (10) consecutive calendar days. The standard of performance shall mean the system operates in conformance with the Vendor’s technical and functional specifications, in conformance with this contract, and in conformance to the mutually agreed test criteria. If the System fails during a ten (10) day period, the Vendor will re-start performance testing. The testing shall continue on a day-by-day basis until the standard of performance is met, without downtime, for a total of ten (10) calendar days. This must be accomplished within forty-five (45) consecutive calendar days. The Vendor is to provide the mechanism to create load and stress conditions. Metrics and results of the load and stress testing must be provided to ILSOS for review and approval. 5.24
Upgrades, Patches, Fixes or Other System Updates Ongoing changes to the Vendor’s systems or hardware must be documented, tested and approved by the ILSOS. Any changes during the life of the contract fall under the testing criteria listed above. Implementation or release of Vendor changes to any of the Vendor’s software or hardware must be scheduled and approved by ILSOS. A pilot process of up to ten (10) sites may be used to ensure reliability of the upgrade, patch, fix, or other system updates. ILSOS will determine the need for deployment to pilot sites depending on the scope of the change. In the event of a problem with the upgrade, patch, fix, or other system updates, the Vendor shall have a plan to immediately restore the previous version or release in order to keep facilities in production.
Training Training Plan 5.25
20
The Vendor shall develop, and implement a Training Plan that specifies the approach and steps to be taken by the Vendor to ensure that the knowledge, skills and abilities necessary to operate the proposed system are transferred to ILSOS operations (approximately 1,800 employees) and DoIT personnel (approximately 20 employees). The Training Plan will be subject to ILSOS approval. Training dates for end users will be determined as part of the implementation plan. The Vendor will be responsible for delivering the training to all ILSOS employees. 5.26
On-Site Training The Vendor shall provide on-site training at no less than three (3) ILSOS locations. All training materials shall be provided in electronic and hard copy.
5.27
Right to Reproduce and Distribute All training material and documentation of this system will become the property of the ILSOS, which includes the right to reproduce documentation for distribution to system users and managers. All training material and documentation is subject to ILSOS approval prior to use.
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Req # 5.28
Project Management and Implementation Requirements Specific Training Needs
130 Points
The Vendor shall provide training within the following constraints: All facility operation training must be held at the three (3) training centers. Melrose Park facility – Monday through Friday Springfield Dirksen Parkway facility – Monday - Friday (Facility staff Monday only.) Marion facility – Monday – Friday (Facility staff Monday only.) Technical training for Department of Information Technology (DoIT) employees must be accomplished between 8am and 2pm Central Time in Springfield, Illinois. Specific training needs will be mutually agreed upon during the planning phase of the project. The following information should be used as a guideline only: Up to two (2) hours of training for each of the 1800 facility operations employees Up to four (4) hours of administrator training for approximately ten (10) people Up to four (4) hours of ILSOS Help Desk training in Springfield, Illinois for approximately twenty (20) employees Training for facility employees may not occur more than thirty (30) calendar days prior to the implementation of the system.
In addition to training all of the above employees, the Vendor shall provide training on the system to the ILSOS trainers who will provide ongoing training to new employees after installation is complete. Refresher training may be required for ILSOS trainers when there are updates with substantial changes. The need for refresher training will be determined by ILSOS when documentation of the update is received. 5.29
Training Costs The cost of all training and training materials must be included. ILSOS will not be responsible for travel expenses associated with installation or training at facilities.
Documentation Training Guide 5.30
20
One training guide is required for each trained employee specific to the class content. The training guide must include (at a minimum): An introduction to the automated test systems, A layman’s explanation of the function of each component of the system, Step by step operating instructions for system components, Procedures for system start-up, daily operation, and end-of-day transactions, Guidelines for maintenance, problem solving, troubleshooting, back-up and recovery. The training guide must also be available to all employees online through the ILSOS internal website and through online help which is integrated into the software application. 5.31
User Operations Manuals The Vendor will provide documentation in the form of functional specifications and user manuals for all system components. The user operations manuals are intended to be used as a reference document. One hardcopy of the user operations manual must be provided for each facility. 41
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Project Management and Implementation Requirements
130 Points
A separate user manual must be provided for the drivers’ education program, and also must include one hardcopy per location (approximately 700 schools). All user manuals must also be available in electronic formats. 5.32
Technical Documentation Vendor must provide technical documentation that describes the operation of all system components, including their interfaces to ILSOS or third party systems. This documentation must include at a minimum: Complete Data Dictionary with all tables, fields, and values System Architecture Diagrams Communication Protocols Listing of all data center equipment with DNS and IP information, operating systems, and software information including versions Functional Specifications for the interaction of all components
5.33
Updates to Documentation The Vendor must supply and or update all training, operations, or troubleshooting manuals when a system is replaced, or software is upgraded that creates a significant change to a process. The appropriate manuals must be redistributed by the Vendor to all impacted locations.
Implementation and 90 Day Support Implementation Plan 5.34
20
The Vendor shall be responsible for preparing an implementation plan for every component of the system. The implementation plan must ensure that all equipment and system components can be installed and functional prior to the target go live date of the system. The Vendor must fully implement the system and all components at all facilities in the State of Illinois The implementation plan must include at a minimum: Listing of the Vendor resource for each implementation task Plan for conducting site surveys of all ILSOS facilities Schedule including delivery and installation of equipment and training at each site Plan for installation and coordination of a minimum of ten (10) pilot facilities Plan for installation and deployment of all data center equipment and systems The Vendor shall provide as a part of their proposal, a sample plan for the implementation and rollout of the solution to all locations. 5.35
Site Survey of Public Service Facilities The Vendor must provide a detailed site survey and assessment prior to installation of equipment for each facility. Site survey report must include, at a minimum: Facility floor plan Facility layout Appropriate measurements 42
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Project Management and Implementation Requirements Photos Counters / tables needed Electrical requirements Cabling requirements Security concerns Other recommendations or concerns
5.36
Site Survey of Central Office / Data Center Facilities
130 Points
The Vendor must provide a detailed site survey and assessment for the production, test and disaster recovery environments to include: Facility floor plan Facility layout Appropriate measurements Photos Electrical requirements Cabling requirements Network diagrams Physical diagrams Other recommendations or concerns 5.37
Pilot Phase A minimum of ten (10) pilot sites will be selected for installation prior to full statewide rollout. The pilot sites will be selected by ILSOS and should be installed one site at a time with on-site support from the Vendor on the day of installation and go live. The Vendor will be responsible for monitoring activities at the pilot sites to ensure successful operation. The duration of each pilot will be mutually agreed upon by the Vendor and ILSOS project managers.
5.38
Statewide Implementation Upon approval by ILSOS of all testing, including successful implementation of the pilot phase, the Vendor will complete full implementation statewide for the facilities. Full implementation by the Vendor shall be completed pursuant to a schedule agreed upon by ILSOS and the Vendor. Installations will be rolled out over time and must be complete by April of 2015. Vendor must provide on-site support for no less than 3 hours on the morning of the go live in each facility.
5.39
Installers The Vendor will ensure that all installers are fully trained and have prior relevant experience. Installers are expected to arrive on time to all facilities according to the implementation schedule. ILSOS expects all installation staff to be professional in their work and behavior. Every effort must be made to complete the installations in the time allotted in the schedule.
5.40
Professional Installation of Equipment All equipment must be professionally installed using guidelines established by the vendor and ILSOS. All cables must be clearly and legibly marked at both ends. All equipment installations must be designed to keep cable clutter to a minimum and not to represent a hazard to the public or ILSOS staff. Inserts should be used in all counter holes to prevent damage to cables from 43
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Req #
Project Management and Implementation Requirements rough cut holes. Cable guides and ties should be used to route cables appropriately and to keep enough slack in the cable to prevent damage or loose connections. Equipment installed on countertops or desks should be limited to only those pieces necessary for easy access by employees or customers. Installers must ensure work areas are cleaned and all trash removed prior to leaving the facilities. Any required installation checklists or forms must be completed and submitted prior to leaving the facility. Any necessary testing must be limited to appropriately flagged test records, and images captured must be professional and in accordance with production image capture guidelines. Installers must carry at least one spare unit for every piece of equipment being installed.
5.41
90 Day Support Plan
130 Points
The Vendor must provide a comprehensive plan for product support during the pilot, roll out period, and initial ninety (90) days of production. Support must be available on-site at each location during the installation of the pilot facilities. Support must be available to installation technicians and ILSOS staff at all times during installation and configuration of any system component. Enhanced dedicated support must be available for ILSOS during the first ninety (90) days after full system go live before transitioning to long term help desk support. The completion of ninety (90) consecutive calendar days of successful statewide performance as determined by ILSOS shall result in System Acceptance.
Long Term Account Management, Maintenance, and Support Requirements After the initial ninety (90) days of successful production, ILSOS will require long term account management, maintenance, and support. The following section provides requirements for the long term management of the contract and details of expected service level agreements.
6.0 Account Management Req #
Long Term Account Management
20 Points
Account Management Account Manager for Operations 6.1 Vendor must provide to ILSOS one primary person who will be responsible for the long term management of the contract and service level agreement. The account manager will be an escalation point for issues that are not resolved through normal processes and within agreed upon timeframes. The account manager will be a liaison for ILSOS with all other departments within the vendor’s organization. The account manager must have a detailed understanding of the ILSOS systems and interfaces. The account manager should be an operations person who is capable of detailed technical discussions with other vendor resources, and whose primary responsibilities are not with sales and marketing. The Vendor must identify the account manager and have them involved in the detailed 44 Revised 5/2013
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Req #
Long Term Account Management
20 Points
management of the project no later than user acceptance testing to ensure a smooth transition after full system implementation. ILSOS reserves the right to approve the selection of the account manager. A backup contact person must be provided for any period of time that the account manager is not available for any reason.
7.0 Service Level Agreement Req #
Maintenance And Support
40 Points
Maintenance Preventative and Remedial Maintenance 7.1
20
The vendor shall provide all remedial and preventative maintenance for all system components (hardware and software) including provision of all parts and labor during the term of the contract. On-site remedial and preventative maintenance for facility equipment shall be available during facility working hours, generally between 8:00am and 5:30pm, Central Time, Monday through Friday, and 8:00am and 12:00pm, Central Time on Saturday. Preventative maintenance for the central system components must be completed during pre-arranged maintenance windows, generally on weekends, outside of normal business hours. No costs related to maintenance of hardware and software, including travel time and expenses, shall be billable to ILSOS. These costs must be built-in to the yearly support and maintenance fees. 7.2
Replacement of Equipment / Inventory of Spares The Vendor shall replace any hardware if its maintenance or repair problems are chronic (Requires a support call and occurs 3 or more times within a twelve (12) month period). If a repair or maintenance problem is systemic, i.e. occurring system wide, the vendor shall provide a system wide solution, which may include statewide upgrade or replacement of all units. At the time of installation, all equipment must be new and in good working order. The Vendor shall maintain a suitable quantity of each type of equipment to be used as replacement units or spares, as needed for service calls. The Vendor is responsible for the replacement of any cables that fail or break during normal operating conditions. The Vendor will be responsible for proper inventory tracking of all equipment from initial installation and through any service replacements. The Vendor will notify ILSOS of equipment swaps so that the ILSOS inventory system will be kept current. All replacement equipment used must be current, available technology, and not obsolete or discontinued.
7.3
System Availability All testing workstations must be available during regular ILSOS business hours. All central system servers must be available 24 hours per day, 7 days per week, and 365 days per year (with the exception of agreed upon maintenance windows). All servers used as part of the vendor solution must be configured for automatic failover to minimize system downtime. Monthly maintenance windows for servers will be established, and the vendor must provide notification of their intent to utilize the maintenance window no less than 1 45
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Maintenance And Support
40 Points
week in advance. Downtime is defined as any time that any portion of the testing systems are unavailable for normal business operations, and when an ILSOS approved work around is not available. Downtime will start from the time ILSOS first notifies the Vendor’s designated representative or Help Desk of the inoperative condition until it is returned to working order. 7.4
Disaster Recovery The Vendor will install and maintain a full disaster recovery system for all system servers. The Disaster Recovery servers will be kept in sync with primary and secondary database servers at all times, in real time. Application and other servers will be kept in sync with production servers in terms of software versions, operating system versions, and all patches, or upgrades. The Disaster Recovery system must be tested by the Vendor once per year at a time that is mutually agreeable between the Vendor and ILSOS.
Support Service Response Times 7.5
20
The Vendor shall repair or replace the testing workstation system hardware/software within the following timeframes: Testing Workstation Eight (8) working hours after notification that a workstation is in need of remedial maintenance if the site has multiple test workstations and the problem is limited to one (1). Four (4) hours after notification that a workstation is in need of remedial maintenance if the problem affects all workstations. o
The facility is considered “down” if they are forced to use paper tests. This is considered a critical failure and must be resolved immediately. The Vendor’s field staff cannot leave at 5pm and come back the next day without express approval from the ILSOS system administrator and the facility manager.
Central System Servers and Applications Four (4) hours after notification of a problem with the central system if the system is still available for use. Two (2) hours after notification of a problem with the central system if the failover is not working and the system is not available for use, and all sites are required to revert to paper tests. o Vendor must provide emergency support 24 hours per day, 7 days per week. If reported problems are not resolved within the required response times, the Vendor shall be deemed in default of these standards of performance. In such an instance, the Vendor and ILSOS will determine if it is necessary to provide an alternative solution that allows operations to continue. Support issues, tickets, or calls must never be closed without confirmation from ILSOS that the issue has been resolved.
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Req #
Maintenance And Support
7.6
Help Desk Support
40 Points
During the entire term of the contract, the vendor will provide ILSOS with a toll free Help Desk number and email address to contact the vendor for technical support. At a minimum, the Help Desk Hours must be: o 7:30am to 6:00pm, Central Time Monday through Friday o 7:30am to 1:00pm, Central Time Saturdays Extended hours as needed for special events Within fifteen (15) minutes of the phone call or receipt of the email, Vendor personnel knowledgeable with the operation of the ILSOS systems must call the designated ILSOS contact to determine the exact problem. If the problem cannot be resolved over the phone, remote access can be used to assist in diagnosing and fixing the problem. If the problem cannot be fixed remotely, the Vendor must dispatch a field service technician to resolve the issue. The Vendor must have a clearly defined problem escalation process and all Help Desk and Field Service personnel must be trained and knowledgeable in this process. 7.7
Help Desk Reporting System All support issues must be logged in a help desk reporting system and updated in real time. ILSOS must be given a minimum of twenty (20) licenses to access the reporting system for review of open, closed, and resolved support tickets. The help desk reporting system must be capable of automatic tracking of response times and must send alerts when issues require escalation if response times are exceeded. The help desk reporting system must provide summary and detail reports on repetitive or chronic issues, open and closed tickets, maintenance performed, and average response times. Reports must be available by facility for specific date range. A detailed report of daily support calls must be generated and sent automatically to an ILSOS distribution list.
7.8
Field Service Support To meet the required response times, the vendor will need to have a number of field service technicians in the State of Illinois. ILSOS will not set a requirement for the number of field technicians. It will be the Vendor’s responsibility to determine the number of technicians necessary to meet response times and to appropriately cover time off. ILSOS must be provided with a list of all field service technicians, and the technicians must have a means of identifying themselves to ILSOS staff when they arrive at an ILSOS location.
8.0 Damages Req #
Damages
10 Points
Damages Damages 8.1 The Vendor will be liable for damages payable as a credit to current and future invoices for system or support failures caused by the vendor, including vendor’s hardware, software and programming. 47 Revised 5/2013
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Req #
Damages
8.2
Facility Down Time
10 Points
A facility is defined as down when they are unable to use the automated system to test applicants (required to use paper tests) for any portion of a day exceeding the service response times set forth in the “Long Term Account Management, Maintenance, and Support Requirements” of this RFP. Damages in the amount of $500 per day per facility will be due to ILSOS no later than two (2) billing cycles after the event. 8.3
Data Security Breach Vendor is required to notify ILSOS of any security breach at any location where hardware or software resides that contains data of ILSOS customers, including locations owned or operated by the Vendor’s subcontractors. The term security breach includes, but is not limited to, a physical break-in at the facility, whether or not any items are stolen, theft of equipment and materials (regardless of whether the theft occurred as the result of a breakin) and any unauthorized access to servers or other equipment wherein ILSOS the data of ILSOS customers resides. The notification shall include a listing of any equipment or materials that were stolen. Failure to notify ILSOS within one business day of discovery of the security breach will result in the assessment of damages in the amount of $5,000. Vendor must comply with the Personal Information Protection Act, 815 ILCS 530/1 et seq. For any security breach that results in access to or acquisition of data relating to ILSOS customers, Vendor will be responsible for all costs incurred by ILSOS in notifying its customers of the breach.
9.0 Information Technology Requirements Req #
Information Technology Requirements
40 Points
Information Technology Requirements List of All Software with Versions 9.1 Proposals should include a list of all vendor and third party software, including version numbers that will be used as part of the overall solution. ILSOS understands that the version numbers may change prior to system installation. Vendors must supply the original release date of the software and any known withdrawal dates including, but not limited to withdrawal dates for marketing, enhancements, and support. 9.2
Software Licenses The terms of this CONTRACT may not be altered by any license agreement with any software provider or by a warranty for any hardware or software. Any software licenses or warranties from any third party to this CONTRACT providing software or hardware must be included with the bid response, as exceptions to the relevant requirements of this RFP. CONTRACTOR will be responsible for negotiating with the third party any changes to the licenses or warranties to comply with this CONTRACT.
9.3
System Monitoring ILSOS Department of Information Technology staff and the Vendor will discuss and agree upon system monitoring solutions during the design phase of the project. All systems must have monitoring software installed and operational. 48
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Information Technology Requirements
9.4
Communications
40 Points
ILSOS will be responsible for data communication between the facilities and the ILSOS data center. Communication between the ILSOS data center and the central production facilities will be the responsibility of the vendor. 9.5
Recovery After Power or Communication Failure In the event of a power failure: In-process tests must be able to be restarted after power-up with no loss of transactions or data. If a test cannot be restarted, it must roll back to the beginning. Software settings must be retained and return to current settings displayed prior to the power failure. All regularly required statistical and audit transactions regarding tests in progress must be restored and must continue to function as if no interruption had occurred. In the event of a communication failure: Facility employees must be capable of continuing to operate by printing paper tests. When communication is restored all pending data must be transferred to the central storage server. Employees must have an interface to enter data from paper tests.
9.6
Data Storage All data will be stored at the ILSOS data center in order to comply with the State of Illinois statutory requirements, administrative rules, and records retention requirements. The data associated with this system is the property of ILSOS and is not available for resale or distribution.
9.7
Hardware Ownership and Updates The Vendor will own and maintain all necessary hardware associated with any part of the proposed system. ILSOS will not purchase and own any of the system hardware. Over the life of the contract, it may become necessary for the Vendor to upgrade hardware to maintain system performance. All upgrades to hardware in facilities or in the ILSOS data center must be discussed with ILSOS in advance, and the implementation of such upgrades must adhere to normal project management methodologies, including full system testing. Up to two (2) hardware refreshes must be included over the full 10 year term of the contract. All replacement hardware must be new and currently available technology.
9.8
Software Updates The Vendor must provide ILSOS with software updates not more than once per year (except as needed to fix high priority system defects) which include bug fixes, and agreed upon minor enhancements. The implementation of these updates must adhere to normal project management methodologies, including full system testing. The schedule for the updates must be planned in coordination with ILSOS, and advance notice must be given to allow time for the planning of testing resources. The Vendor must develop and provide a formal back-out plan for all updates in the event of failure.
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Req #
Information Technology Requirements
9.9
Change to Production Systems
40 Points
At no time shall anyone on the Vendor’s staff make changes to the ILSOS production systems without coordination with ILSOS, full system testing by both the Vendor and ILSOS, and strict adherence to the change management process. 9.10
System Backups In addition to the secondary and disaster recovery servers, the Vendor must provide a system for complete backups of all data. System backups must be capable of being stored offsite on electronic media or removable hard drive. All components of the backup system must be provided by the Vendor. No less than one time per year, with coordination from ILSOS, the Vendor must test the recovery of data from the backup system.
9.11
Disposal of Hardware Vendor must have a procedure in place for the proper disposal of any system hardware that is replaced over the life of the contract. For any hardware capable of storing data, the vendor will be responsible for transporting the replaced hardware to Springfield, Illinois. ILSOS Information Technology staff will be responsible for ensuring that all data is removed and not retrievable prior to disposal. ILSOS will notify the vendor when equipment can be picked up for disposal and vendor will be responsible for any costs associated with the equipment disposal.
9.12
Equipment for New Sites Vendor agrees to provide hardware and installation services for any new locations added by ILSOS over the life of the contract. Implementation services for new sites will be billable to ILSOS at an agreed upon cost depending on the scope of the services needed, but ILSOS will not purchase hardware for new sites. Vendors must supply the original release date of the hardware and any known withdrawal dates including, but not limited to withdrawal dates for marketing, enhancements, and support.
9.13
Required Environments The Vendor must provide four complete environments. Complete Quality Assurance System – Vendor Location Complete UAT System – ILSOS Complete Production System – ILSOS Complete Disaster Recovery System – ILSOS
9.14
Source Code Any source code, computer programs, supporting documentation, training materials or other work product developed by the Vendor pursuant to this Agreement shall become the sole property of the ILSOS. If the Vendor uses and licenses to the ILSOS any pre-existing, proprietary software to fulfill any of its obligations under this agreement, the Vendor shall place a copy of that proprietary software application source code, runtime programs and any associated documentation in escrow with an agreed upon third party. The escrowed source code and documentation must be kept up-to-date with the current version used in production. In the event that the Vendor ceases operations, as a result of bankruptcy or any other cause, or ceases to support the software licensed to the ILSOS, the escrowed source code and 50
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Req #
Information Technology Requirements
40 Points
documentation shall be provided to the ILSOS at no additional cost. The cost of keeping the source code and documentation in escrow shall be the responsibility of the vendor. 9.15
End of Contract At the end of the contract, or sooner, if the contract is terminated, the Vendor must transfer all data to an ILSOS or third party database. The Vendor must provide technical support for a period of two (2) months after the data transfer to ensure that the data is migrated in a way that is usable by ILSOS. If ILSOS is unable to implement a new system prior to the end of the contract, vendor must agree to extend the support contract on a prorated month to month basis with no more than a 5% increase in support costs. In no event shall the total term of the CONTRACT, including the initial term, any renewal terms and any extensions, exceed ten (10) years.
10.0 OPTIONAL Requirements Req #
OPTIONAL Requirements
40 Points
Road Test System Hardware – Technical and Functional Specifications 10.1
30
Recommend a mobile device (hardware) for the Road Test application. Minimum specs: o Tablet - Weight not to exceed 2 pounds o Tablet - 10.1 inch diagonal screen o Tablet - 16GB internal drive o Tablet - 1GB RAM o Tablet - 1GHZ processor o Tablet - Digital Pen/Stylus o Tablet - Touch Screen o Tablet - Ethernet Port o Tablet - 2.0 USB Port o Tablet - Integrated communications to include WIFI & WWAN o Tablet - Built in Forward and Rear Cameras o Tablet - GPS enabled o Tablet - Bluetooth enabled o Tablet - Durable device for use in various conditions. o Tablet - Industry standard OS (Android, Windows, Etc.) o Tablet - Battery duration up to 8 hours before recharge. Use secure connectivity to connect the mobile device to the mainframe and/or facility systems. Mobile device must be secured and data encrypted. A log-in process to operate the device and a "timed log-off" is required. Screen should be stylus/digitized pen technology. Ability to use GPS for tracking. Application must be capable of operating without cellular connectivity. Device must be capable of exchange of data with the facility server. List and include appropriate accessories for the device. Device should be functional in inclement and extreme weather conditions. Provide notification on facility screen that a road test has been completed and the next applicant can be sent out for testing. 51 Revised 5/2013
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Req #
OPTIONAL Requirements
40 Points
Provide device documentation for future reference and use. 10.2
Testing Must track test attempts in compliance with the Multiple Attempt Rule. Record duration of road test. Ability to test for all valid classifications. Ability to test for all valid endorsements. Ability to test for all valid restrictions. Ability to score for two different classes of road exams in a single session for one person. For example, class D road test and motorcycle skills test. Provide for annotation or notes. In-progress score sheets remain active for completion. This would be in the event of an interruption in the test (Weather, multiple testers, multiple days, etc.) Multiple examiners can administer a single road test. (IE. Examiner A completes the Pre-Trip section and goes to lunch, Examiner B can complete the rest of the test.)
10.3
Scoring Automate the scoring of all road tests performed at ILSOS Test facilities. Automate calculations of the road test scores. Provide a running total of points during the scoring of the road test. Ability to print the completed score sheet. Application must follow scoring guidelines as set forth in the ILSOS Field Operations Manual.
10.4
Signature Ability to capture electronic signatures through the mobile device. Capture the electronic signatures, Applicant and Examiner, on PDF score sheets.
10.5
Usability Use expanding windows to ease readability and scoring. Provide limited on-line help messages. Test can span multiple days. This is primarily an off-site process where a group may have their pre-trip one day and the drive test the next day.
10.6
Integration Pre-fill information that has already been entered or is available from the system to reduce duplicate entry efforts and improve accuracy. Ability to initiate road test from Facility (Driver's Application) or Off-site (Scheduler). Retain electronic (PDF) copies in place of paper copies in accordance with retention rules. Provide a way to suspend purging in the event of an issue or litigation. Key identifier for an applicant is their Drivers License Number. Key identifier for an examiner is their employee number. Key identifier for a facility is their Facility Number. Data exchange must be secure to ensure compliance with all privacy policies in regards to personal information. Application should interface with the facility Linux server and the SOS mainframe system. Need to integrate into Facility Application to pre-populate those test results 52
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OPTIONAL Requirements
40 Points
collected by the hand-held device. 10.7
Program Integrity Provide edits and controls to assure consistency, completeness in the test process and to prevent/detect fraudulent activity.
10.8
Audit Provide an automated audit trail of the testing process. Ability to capture details of the road test for statistical, reporting and analytical use. Provide query capabilities for management to do analysis and trends. Capture all fields on the score sheets for statistical analysis and reporting.
10.9
Security Provide a method to secure the sign-on to the mobile device and to tie examiner to applicant and test. Ability to display an applicant photo through the mobile device. Require supervisor override to change any test scoring results. Do NOT allow changes to applicant data on road test application. Social security numbers should NOT be displayed in this solution.
10.10
Configuration Ability to deactivate certain questions that are not applicable for a given class, restriction or endorsement.
10.11
Training and Documentation Training and documentation that meets the same requirements as the automated test system must be provided if ILSOS exercises the option for the road test system at any point in the full term of the contract.
10.12
Third Party Offline Testing Devices must be capable of working in an offline mode by third party examiners and then uploading and transferring the data to ILSOS.
Scheduling System 10.13 If the vendor solution includes an integrated scheduling system, please provide a description of the functionality. This functionality is not currently required, but ILSOS reserves the right to add it at any point in the full term of the contract.
10
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Post Award Conference: A post award conference must be scheduled with ILSOS within 30 calendar days after execution of the contract. Contact:
All questions pertaining to this bid must be e-mailed to
[email protected].
ADDITIONAL BID REQUIREMENTS INFORMATION TO BE FURNISHED WITH BID PROPOSAL: The Bidder must submit the original and ten (10) copies of their proposal, which shall include adequate data and information on each of the areas of criteria to be evaluated. The offer should be as concise as possible but shall be sufficient to enable the Illinois Secretary of State to make a good, fair and comprehensive evaluation of the bidder and the offer. In addition to the complete signed copies of this entire document, the submittal should clearly identify any area of this solicitation with which you take exception. The bidder’s failure to take exception with any item shall be construed as the bidder’s agreement and acceptance. The Bidder must submit with his bid the following: 1. Most recent financial statement (one copy). (This must include at a minimum, Profit & Loss Statement (Income Statement) and Balance Sheet.) Failure to provide the required financial statement may result in a rejection of your bid or bid. 2. A list of institutions, industries or business establishments, which you are presently serving under Contract for this type of service. This list must include name of firm, address, telephone number, length of time you have serviced this account, name of person to whom you report, a description of the work performed under each of these contracts and the dollar amount of these contracts. 3. Include in your letter the length of time you have been in business, the number of persons regularly employed by your firm, and the name, address and telephone number of a responsible person (supervisor) of your firm in the city where the services are to be rendered if different than your main office. 4. Vendor must submit their standard warranty information. 5. Vendor must provide detailed specifications of the proposed hardware. Bids received without this information will not be considered. Performance Security Bond.
$1,000,000
Security Bond
0
If applicable, Vendor shall provide a performance bond equal to the above dollar amount (or % of the contract price) for the initial term. During any renewal term the amount shall remain the same unless otherwise agreed. For public works contracts, performance bond requirements will be found in Agency Supplemental Terms and Conditions. Subcontracting/Joint Ventures. _X__ Allowed
_ __ Not Allowed
The State intends to contract with one entity per contract and that entity shall be contractually responsible for performance. However, if the entity is a joint venture, one of the parties to the joint venture must take full contractual responsibility for performance under the contract. If Vendor is providing Professional and Artistic Services, the names of subcontractors and amounts to be paid to each must be shown. The AGENCY may require the same or similar information in relation to contracts for other supplies or services. Subcontractors are subject to approval of the AGENCY.
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PRICING/COMPENSATION Detail pricing/compensation requirements with at least the following categories of information. FOR REQUESTS FOR PROPOSALS OF EITHER TYPE, SUBMIT THIS PRICE INFORMATION IN A SEPARATE SEALED ENVELOPE IN THE OFFER CONTAINER. CERTIFICATION AND DETAILED BID/PROPOSAL: The Bidder understands that good, professional service and compliance with the specifications, terms and conditions of this CONTRACT is expected and demanded, and agrees to provide professional services accordingly. ADDENDA: I (we) hereby acknowledge receipt of the following addenda (if any) to this Invitation for Bid/Request for Proposal and have included their provisions in this offer/proposal. Addendum No.1, dated ______________________. Enter date and initial _______. Addendum No.2, dated ______________________. Enter date and initial _______. BASE BID: The undersigned hereby agrees to provide the services in accordance with the Terms, Conditions and Specifications contained herein at the prices quoted below. All pricing information must be submitted in a separate sealed envelope using the attached cost proposal worksheet. Do not include any cost information in the original or copied written proposal documents. Cost proposals will not be opened unless the vendor makes it through the first two phases of the evaluation process. Cost proposals must be divided into three sections, project costs, yearly support, and optional services and modules. Use the tables in Attachment 1 – Cost Proposal Worksheet to itemize the costs in each section. Project Costs This section should cover the costs for the implementation of the proposed system. It must cover all phases through system acceptance, at which time, the long term support costs can be billed. Please complete the costs (in the cost proposal worksheet) for the following phases and deliverables. Pricing must be listed for the complete project phase, and must not exceed the maximum percentage of total project costs. Payment will not be made upfront before services are provided or at contract signing. Planning and Requirements Phase Design Phase Development Phase Testing Phase Training Phase Documentation Pilots Implementation Phase Final System Acceptance and Transition Long Term Costs – Yearly Maintenance and Support The long term contract costs must be priced separately and listed for each contract year.
Quoted prices include all costs associated with this procurement. (Revised) FOB Destination: Vendor is responsible for shipping, insurance and installation charges to Springfield, IL.
Tax Exemption. AGENCY’S Illinois tax exemption number is E9984-1231-06. information is available upon request to AGENCY.
The Federal tax exemption
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STANDARD TERMS AND CONDITIONS 1.
TERM AND RENEWALS: The length of the CONTRACT, including any renewals, may not exceed ten (10) years. (30 ILCS 500/20-60). Unless otherwise provided, the term of the CONTRACT shall begin upon execution of the CONTRACT by AGENCY and VENDOR. In no event shall VENDOR commence billable work in furtherance of the CONTRACT prior to final execution of the CONTRACT. If the commencement of performance is delayed because the CONTRACT is not executed by AGENCY on the start date, AGENCY may change the start date, end date and milestones to reflect the delayed execution. No renewal may be effective automatically. No renewal may be effective solely at the VENDOR’S option.
2.
BILLING: a) VENDOR shall submit invoices to the address, on the schedule and with the detail required by AGENCY, which at a minimum shall include the location where goods were delivered or services were performed and a description of goods delivered or services performed. Invoices for supplies ordered or services performed and expenses incurred prior to July 1st must be presented to the AGENCY no later than July 31; otherwise VENDOR may have to seek payment of such invoices through the Illinois Court of Claims. (30 ILCS 105/25). Billings shall conform to State fiscal year requirements, including prorating if necessary, notwithstanding any contrary provision in this CONTRACT or order.
3.
4.
b)
VENDOR shall not bill for any taxes unless accompanied by proof AGENCY is subject to the tax. VENDOR may request the applicable Illinois tax exemption number and federal tax exemption information.
c)
By submitting an invoice VENDOR certifies the supplies and services met all requirements of the CONTRACT, and the amount billed and expenses incurred are as allowed in the CONTRACT.
d)
AGENCY will not compensate VENDOR for expenses related to travel, lodging or meals.
PAYMENT: a) The approved invoice amount will be paid less any retainage and previous partial payments. Final payment shall be made upon determination by the AGENCY that all requirements under this CONTRACT have been completed, which determination shall not be unreasonably withheld. b)
AGENCY shall not be liable to pay for any supplies or services, including related expenses subject of this CONTRACT, incurred prior to the beginning of the term of this CONTRACT.
c)
As a condition of payment, VENDOR must (i) be in compliance with the CONTRACT, (ii) pay its employees prevailing wages when required by law, (iii) pay its suppliers and subcontractors according to the terms of their respective contracts, and (iv) provide lien waivers to AGENCY upon request.
d)
Payments hereunder are subject to set-off in accordance with the State Comptroller Act. (15 ILCS 405).
e)
Late payment charges, if any, shall not exceed the formula established in the State Prompt Payment Act (30 ILCS 540/1) and rules (74 Ill. Adm. Code 900). Payments delayed at the beginning of the State’s fiscal year (July and August payments) because of the appropriation process shall not be considered a breach.
f)
Any expenses VENDOR may charge are included in this CONTRACT. AGENCY will not compensate VENDOR for expenses related to travel, lodging, or meal(s).
AVAILABILITY OF APPROPRIATIONS: This CONTRACT is contingent upon and subject to the availability of funds. AGENCY, at its sole option, may terminate or suspend this CONTRACT, in 56
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5.
whole or in part, without penalty or further payment being required, if the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason. (30 ILCS 500/20-60). CONSULTATION: VENDOR shall keep AGENCY fully informed as to the progress of matters covered by this CONTRACT. VENDOR shall offer AGENCY the opportunity to review relevant documents relating to the CONTRACT prior to filing with any public body or adversarial party.
6.
PERFORMANCE REVIEWS: At its discretion, AGENCY may conduct a post performance review of VENDOR'S performance under the CONTRACT. VENDOR shall cooperate with AGENCY in this review, which may require VENDOR to provide access to VENDOR’S records and billing under the CONTRACT. Vendor shall provide any requested information within 30 days of AGENCY'S request. This post performance review may be used by AGENCY in determining whether to enter into other contractual relationships with VENDOR.
7.
AUDIT/RETENTION OF RECORDS: VENDOR and its subcontractors shall maintain books and records relating to performance of the CONTRACT and subcontract and that are necessary to support amounts charged to the AGENCY under the CONTRACT or subcontract. Books and records, including information stored in databases or other computer systems, shall be maintained by the Vendor and its subcontractors for a period of three years from the later of the date of final payment under the CONTRACT or completion of the CONTRACT. If federal funds are used to pay CONTRACT costs, VENDOR and its subcontractors must retain its records for five years. The three year or five year period, as the case may be, shall be extended for the duration of any audit in progress during the term. Books and records required to be maintained under this section shall be available for review or audit by representatives of the Auditor General, AGENCY, the Inspector General, chief procurement officer, internal auditor, and other governmental entities with monitoring authority upon reasonable notice and during normal business hours. VENDOR and its subcontractors shall cooperate fully with any such audit. Failure to maintain books and records required by this Section shall establish a presumption in favor of AGENCY for the recovery of any funds paid by AGENCY under the CONTRACT for which adequate books and records are not available to support the purported disbursement. VENDOR and subcontractors shall not impose a charge for audit or examination of VENDOR’S or subcontractors books and records. (30 ILCS 500/20-65).
8.
SCHEDULE OF WORK: Any work performed on State premises shall be done during the hours designated by AGENCY and shall in any event be performed so as to minimize inconvenience to the State and its personnel and minimize interference with the State's operations.
9.
INDEPENDENT CONTRACTOR: VENDOR shall act as an independent contractor and not as an agent or employee of or joint venture with AGENCY. All payments by AGENCY shall be made on that basis.
10.
RESPONSIBILITY FOR AGENTS AND EMPLOYEES: VENDOR shall be responsible for the negligent acts and omissions of its agents, employees and subcontractors in their performance of VENDOR'S duties under this CONTRACT. VENDOR represents that it shall utilize the services of individuals skilled in the profession for which they will be used in performing services hereunder. In the event that AGENCY determines that any individual performing services for VENDOR hereunder is not providing such skilled services, it shall promptly so notify VENDOR and VENDOR shall replace that individual.
11.
ASSIGNMENT AND SUBCONTRACTING: a) VENDOR may not assign, subcontract, or transfer any interest in the work subject of this CONTRACT without AGENCY'S prior written consent. In the event the AGENCY consents, the terms and conditions of this CONTRACT shall apply to and bind the party to whom such work is subcontracted, assigned, or transferred as fully and completely as VENDOR is hereby bound and obligated. This includes requiring such parties to submit certifications and disclosures to AGENCY for review and approval upon request. b)
For purposes of this section, SUBCONTRACTORS are those specifically hired to perform all or part of the work covered by the CONTRACT. Will Subcontractors be utilized?
___ Yes
___ No
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c)
VENDOR shall describe below the names and addresses of all authorized subcontractors to be utilized by VENDOR in the performance of this CONTRACT, together with a description of the work to be performed by the subcontractor and the anticipated amount of money that each subcontractor is expected to receive pursuant to this CONTRACT. VENDOR shall provide a copy of any subcontracts within twenty (20) days of execution of this CONTRACT. Subcontractor Name Amount to be paid Address Description of work
Subcontractor Name Amount to be paid Address Description of work
d)
VENDOR shall notify AGENCY of any additional or substitute subcontractors hired during the term of this CONTRACT. Vendor shall provide AGENCY a copy of all such subcontracts within twenty (20) days of execution of the subcontract.
e)
All subcontracts must include the same certifications that VENDOR must make as a condition of the CONTRACT. VENDOR shall include in each subcontract the subcontractor certifications as shown on the Standard Subcontractor Certification Form available from AGENCY.
f)
If VENDOR is unable to secure or maintain individuals named in the CONTRACT to render the services, VENDOR shall not be relieved of its obligations to complete performance. AGENCY shall have the option to accept a substitute or to terminate the CONTRACT.
g)
After notice, AGENCY may assign the CONTRACT to a third-party for financing purposes.
12.
LICENSE: VENDOR, directly or through its employees, shall have and maintain any required licenses. With consent of AGENCY, VENDOR may meet the license requirement through a subcontractor. AGENCY may request proof of any required license.
13.
WARRANTIES FOR SUPPLIES AND SERVICES: VENDOR warrants that the supplies and work product furnished under this CONTRACT will: (a) conform to the standards, specifications, drawings, samples, or descriptions furnished by the AGENCY or furnished by the VENDOR and agreed to by AGENCY, including but not limited to all specifications attached as exhibits hereto; (b) be merchantable, of good quality and workmanship, and free from defects for a period of twelve months or longer if so specified in writing, and fit and sufficient for the intended use; (c) comply with all federal and state laws, regulations and ordinances pertaining to the manufacturing, packing, labeling, sale and delivery of the supplies; (d) be of good title and be free and clear of all liens and encumbrances and; (e) not infringe any patent, copyright or other intellectual property rights of any third party. VENDOR agrees to reimburse the AGENCY for any losses, costs, damages or expenses, including without limitations, reasonable attorney’s fees and expenses, arising from failure of the supplies and/or work product to meet such warranties.
14.
MAINTENANCE ASSURANCE: a) The AGENCY reserves the right to maintain any equipment purchased under this CONTRACT using AGENCY personnel or third-party maintainers. In such case, VENDOR shall provide AGENCY or its maintenance provider with such services, documentation, materials and parts under reasonable terms and conditions and at 58
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reasonable costs. AGENCY reserves the right to return to VENDOR'S maintenance following written certification by VENDOR that the equipment is eligible for VENDOR'S maintenance. VENDOR'S standard charges for the certification inspection, plus any applicable charges required to bring the equipment into eligibility for VENDOR'S maintenance shall apply. Exercise of these rights by the AGENCY shall be without penalty or sanction by VENDOR. b)
15.
16.
If VENDOR discontinues service or maintenance of equipment or software provided under this CONTRACT, VENDOR shall provide to AGENCY at no cost adequate documentation and access to specialized or proprietary tools to allow AGENCY or a subcontractor to maintain the equipment or software. This provision shall not apply if VENDOR arranges for continued service and maintenance through another vendor and at a price acceptable to AGENCY.
CONFIDENTIALITY: a) Each Party, including its agents and subcontractors, to this CONTRACT may have or gain access to confidential data or information owned or maintained by the other Party in the course of carrying out its responsibilities under this CONTRACT. VENDOR shall presume all information received from AGENCY or to which it gains access pursuant to this CONTRACT is confidential. b)
VENDOR understands and agrees that information made available by AGENCY in the performance of VENDOR’S duties under this CONTRACT is confidential and to be used for the sole purpose of performing those duties; that access to that information either through state owned computer or other electronic hardware and/or software is conditioned upon use of that confidential information solely in the performance of the duties under this CONTRACT; and that any use of that information other than for the purposes of performing the duties under this CONTRACT is cause for immediate termination of this CONTRACT notwithstanding any criminal or civil action that might be taken.
c)
VENDOR information, unless clearly marked as confidential and exempt from disclosure under the Illinois Freedom of Information Act, shall be considered public.
d)
No confidential data collected, maintained, or used in the course of performance of the CONTRACT shall be disseminated except as authorized by law and only after advanced written notice to AGENCY. All data collected, maintained, created or used in the course of the performance of the CONTRACT, in whatever form it is maintained, shall be returned to the disclosing PARTY promptly at the end of the CONTRACT or earlier at the request of the disclosing PARTY, or with the prior approval of the disclosing PARTY, destroyed with notification to the disclosing PARTY in writing of its destruction.
e)
The foregoing obligations shall not apply to confidential data or information lawfully in the receiving PARTY’S possession prior to its acquisition from the disclosing PARTY; received in good faith from a third-party not subject to any confidentiality obligation to the disclosing PARTY; information now known or information that becomes publicly known through no breach of confidentiality obligation by the receiving PARTY; or is independently developed by the receiving PARTY without the use or benefit of the disclosing PARTY’S confidential information.
f)
VENDOR shall abide by the confidentiality requirements of the Driver’s Privacy Protection Act (18 U.S.C. 2721 et seq.).
g)
VENDOR shall immediately report to AGENCY any unauthorized disclosure of confidential information.
USE AND OWNERSHIP: a) All work performed or produced and all items or supplies created by VENDOR under this CONTRACT shall be deemed “work product” and shall become property of AGENCY. All work product created by VENDOR under this CONTRACT, including but not limited to, documents, data, software, source code, goods and deliverables of any kind, shall be 59
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b)
c)
17.
18.
deemed works made-for-hire under copyright law and all intellectual property laws and other laws, and VENDOR grants AGENCY sole and exclusive ownership in and to all such work product. VENDOR hereby assigns to AGENCY all right, title, and interest in and to such work product in all countries of the world for the term of the copyrights and any other intellectual property rights thereto and waives any and all claims that VENDOR may have to such work product including any so-called “moral rights” in connection with the works. VENDOR acknowledges AGENCY owns and may use the work product for any purpose. Confidential data or information contained in such work product shall be subject to confidentiality provision of this CONTRACT. AGENCY shall exercise all rights of ownership in all such work product without restriction or limitation including as to use, and without further compensation to VENDOR. VENDOR shall not acquire or have any right to use, disclose or reproduce the work product or any equipment, documents, information, media, software, or know-how obtained from AGENCY except to perform this CONTRACT. Nothing herein shall be construed as precluding the use of any information independently acquired by VENDOR without such limitation. The ideas, methodologies, processes, inventions and tools (including computer hardware and software where applicable) that VENDOR previously developed and brings to AGENCY in furtherance of performance of the CONTRACT shall remain the property of the VENDOR. VENDOR grants AGENCY a nonexclusive license to use and employ such software, ideas, concepts, methodologies, processes, inventions and tools solely within its enterprise.
INDEMNIFICATION AND LIABILITY: a) VENDOR shall indemnify and hold harmless the State of Illinois, its agencies, officers, employees, agents, and volunteers from any and all costs, demands, expenses, losses, claims, damages, liabilities, settlements, and judgments, including in-house and contracted attorneys’ fees and expenses, arising out of: (a) any breach or violations by VENDOR of any of its certifications, representations, warranties, covenants, or agreements; (b) any actual or alleged death or injury to any person, damage to any property or any other damage or loss claimed to result in whole or in part from VENDOR’S negligent performance; (c) any act, activity, or omission of VENDOR or any of its employees, representatives, subcontractors, or agents. Neither PARTY shall be liable for incidental, special, or punitive damages. b)
AGENCY does not assume any liability for acts or omissions of the VENDOR and such liability rests solely with the VENDOR.
c)
AGENCY assumes no liability for actions of VENDOR and is unable to indemnify or hold VENDOR or any third-party harmless for claims based on this CONTRACT or use of VENDOR provided supplies or services. VENDOR is not eligible for indemnity under the State Employee Indemnification Act (5 ILCS 350/1). AGENCY’S liability for damages is expressly limited by and subject to the provisions of the Illinois Court of Claims Act (705 ILCS 505/1) and to the availability of suitable appropriations.
INSURANCE: a) VENDOR shall, at all times during the term and any renewals, maintain and provide a Certificate of Insurance naming AGENCY as additional insured for all required bonds and insurance. Certificates may not be modified or canceled until at least thirty (30) days written notice has been provided to AGENCY. VENDOR shall provide evidence of the following coverage: (a) General Commercial Liability – occurrence coverage in amount of $1,000,000 per occurrence (Combined Single Limit Bodily Injury and Property Damage) and $2,000,000 annual aggregate; (b) Auto Liability, including Hired Auto and Non-owned Auto, (Combined Single Limit Bodily Injury and Property Damage) in the amount of $1,000,000 per occurrence; and (c) Worker’s Compensation Insurance in the amount required by law. Insurance shall not limit VENDOR’S obligation to indemnify, defend, or settle any claims. b)
If VENDOR does not have minimum coverage as specified, VENDOR must inform AGENCY and seek written permission for lesser coverage. 60
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c)
VENDOR shall provide copies of certificates of insurance evidencing the coverage described in this section.
d)
VENDOR shall provide and maintain any bond required by law or AGENCY.
19.
SOLICITATION AND EMPLOYMENT: VENDOR shall not employ any person employed by the AGENCY during the term of this CONTRACT to perform any work required by the terms of this CONTRACT. As a condition of this CONTRACT, VENDOR shall give notice immediately to the AGENCY'S Director of Personnel if VENDOR solicits or intends to solicit for employment any of AGENCY'S employees during any part of the procurement process for this CONTRACT or during the term of this CONTRACT. AGENCY has no authority to contractually refuse to hire VENDOR'S employees who apply to AGENCY for employment.
20.
BACKGROUND CHECK: a) AGENCY may conduct criminal and driver history background checks of VENDOR'S officers, employees or agents who would directly supervise or physically perform the CONTRACT requirements at State facilities. AGENCY reserves the right to require a fingerprint criminal background verification. VENDOR’S officers, employees or agents who would directly supervise or physically perform the CONTRACT requirements at State facilities agree to submit to the same. Such fingerprint criminal background check may be completed by AGENCY or VENDOR may submit to AGENCY a report, in a format and with information acceptable to AGENCY, compiled by an outside entity reflecting the results of a fingerprint background check. Failure to submit to a fingerprint background check may result in immediate termination of the CONTRACT. Failure to provide AGENCY with the applicable driver’s license number for purpose of investigating the driving record may result in immediate termination of the CONTRACT. Further, a criminal history report may result in immediate termination of the CONTRACT. b)
21.
Any officer, employee or agent of VENDOR deemed unsuitable by AGENCY must be replaced immediately in the event the criminal history report does not result in termination of the CONTRACT.
BREACH AND TERMINATION: a) Vendor may terminate this CONTRACT at any time upon one year’s (365 calendar days) written notice to ILSOS. VENDOR shall be paid for work satisfactorily completed prior to the date of termination. Upon conclusion or termination of this CONTRACT, VENDOR agrees to immediately return any and all state property, including but not limited to, equipment, state identification badge, and supplies. b)
AGENCY may terminate this CONTRACT, in whole or in part, immediately upon notice to the VENDOR if: (a) AGENCY determines that the actions or inactions of VENDOR, its agents, employees or subcontractors have caused, or reasonably could cause, jeopardy to health, safety, or property, or VENDOR has notified the AGENCY that it is unable or unwilling to perform the CONTRACT.
c)
If VENDOR fails to perform to AGENCY’S satisfaction any material requirement of this CONTRACT, is in violation of a material provision of this CONTRACT, or AGENCY determines that the VENDOR lacks the financial resources to perform the CONTRACT, AGENCY shall provide written notice to the VENDOR to cure the problem identified within the period of time specified in the AGENCY’S written notice or AGENCY may enforce the terms and conditions of the CONTRACT.
d)
Any breach of this CONTRACT by the VENDOR will allow the AGENCY to terminate this CONTRACT without penalty and have any other available relief. Failure to declare a breach on one occasion does not act as a waiver to declare a breach on another occasion.
e)
For termination due to any of the causes contained in this subparagraphs (b), (c), and (d), AGENCY retains the rights to seek any available legal or equitable remedies and damages. 61
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f)
If the VENDOR defaults or neglects to carry out the work in accordance with the CONTRACT or fails to perform any provision of the CONTRACT, AGENCY may, after serving written notice to the VENDOR and without prejudice to any other remedy available, make good such deficiencies and may, in turn, deduct the cost thereof from the payment then or thereafter due the VENDOR, or at AGENCY’S option, AGENCY reserves the right to terminate the CONTRACT. In the event of such termination, the name of the VENDOR will be removed from the list of qualified Bidders and Vendors for a period of one year and reinstated thereafter only when satisfactory proof of his ability to perform duties as specified has been furnished and accepted by AGENCY.
22.
FORCE MAJEURE: Failure by either PARTY to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, labor or material shortages, labor disputes, fire, flood, explosion, legislation, and governmental regulation. The non-declaring PARTY may terminate the CONTRACT without penalty if performance does not resume within thirty (30) days of the declaration.
23.
ANTITRUST ASSIGNMENT: VENDOR hereby assigns, sells and transfers to AGENCY all right, title and interest in and to any claims and causes of action arising under antitrust laws of Illinois or the United States relating to the subject matter of the CONTRACT.
24.
VALID DRIVER’S LICENSE: If the contractual duties require VENDOR to drive a vehicle, VENDOR and its employees and agents must be in possession of a valid Driver’s License. VENDOR shall immediately notify AGENCY in the event VENDOR’S or its employees’ and/or agents’ driver’s license(s) is revoked, suspended, expires or is otherwise deemed invalid. Proof of the validity of VENDOR’S and/or its employees and agents’ driver’s license(s) may be required at any time during the term of the CONTRACT.
25.
APPLICABLE LAW: This CONTRACT shall be governed in all respects by the laws and rules of the State of Illinois including, but not limited to, the Illinois Procurement Code (30 ILCS 500) and the rules promulgated thereunder (44 Ill. Admin. Code 1), the Illinois Freedom of Information Act (5 ILCS 140) and the Attorney General Act (15 ILCS 205). The Department of Human Rights’ Equal Opportunity requirements (44 Ill. Adm. Code 750) are incorporated by reference. Any claim against AGENCY arising out of this CONTRACT must be filed exclusively with the Illinois Court of Claims (705 ILCS 505/8). AGENCY shall not enter into binding arbitration to resolve any contract dispute. The State of Illinois does not waive sovereign immunity by entering into this CONTRACT. The official text of cited statutes is incorporated by reference (an unofficial version can be viewed at http://www.ilga.gov/legislation/ilcs/ilcs.asp In compliance with the United States and Illinois Constitutions, the Illinois Human Rights Act, the United States Civil Rights Act, and Section 504 of the Federal Rehabilitation Act and other applicable laws and rules, the State does not unlawfully discriminate in the awarding of contracts or any other activity.
26.
NOTICES: Notices and other communications provided for herein shall be given in writing by registered or certified mail, return receipt requested, by receipted hand delivery, by courier (UPS, Federal Express or other similar and reliable carrier), or by fax showing the date and time of successful receipt. Notices shall be sent to the individuals who signed the CONTRACT using the contact information following the signatures. Each such notice shall be deemed to have been provided at the time it is actually received. With proper notice, either PARTY may change the contact information.
27.
PUBLICITY: a) Subject to any disclosure obligation of AGENCY under applicable law, rule or regulation, news releases pertaining to this CONTACT or the services to which it relates shall only be made with prior approval by, and in coordination with AGENCY. VENDOR shall not disseminate any publication, presentation, technical paper, or other information related to VENDOR’S duties and obligations under this CONTRACT unless such dissemination has been previously approved in writing by AGENCY. b) VENDOR shall not, in any advertisement or any other type of solicitation for business, state, indicate or otherwise imply that it is under contract with AGENCY nor shall 62
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AGENCY’S name be used in any such advertisement or solicitation without prior written approval except as required by law. 28.
CONTRACTING AUTHORITY: AGENCY shall be the only State entity responsible for performance and payment under the CONTRACT. When the Chief Procurement Officer or his designee signs in addition to AGENCY, he does so as approving officer and shall have no liability to VENDOR.
29.
TIME IS OF THE ESSENCE: Time is of the essence with respect to VENDOR’S performance of the CONTRACT. VENDOR shall continue to perform its obligations while any dispute concerning the CONTRACT is being resolved unless otherwise directed by AGENCY.
30.
RULES OF CONTRUCTION: Unless the context otherwise requires or unless otherwise specified, the following rules of construction shall apply to this CONTRACT: a)
Provisions apply to successive events and transactions;
b)
“Or” is not exclusive;
c)
References to statutes and rules include subsequent amendments and successors thereto;
d)
The various headings of this CONTRACT are provided for convenience only and shall not affect the meaning or interpretation of this CONTRACT or any provision hereof;
e)
If any payment or delivery hereunder shall be due on any day that is not a business day, such payment or delivery shall be made on the next succeeding business day;
f)
“Days” shall mean calendar days; “business day shall mean a weekday (Monday through Friday), excepting State holidays, between the hours of 8:30 a.m. Central Time and 5:00 p.m. Central Time;
g)
Use of the male gender (e.g., “he,” “him,” “his”) shall be construed to include the female gender (e.g., “she,” her,” “hers”), and vice versa;
h)
Words in the plural which should be singular by context shall be so read, and vice versa; and
i)
References to “AGENCY” shall include any successor agency or agencies thereto.
31.
MODIFICATIONS AND SURVIVAL: Amendments, modifications, and waivers must be in writing and signed by authorized representatives of the PARTIES. All provisions that by their nature would be expected to survive, shall survive termination.
32.
SEVERABILITY: If any provision of this CONTRACT is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of this CONTRACT.
33.
ENTIRE CONTRACT: This CONTRACT, with applicable attachments including but not limited to Disclosures and Conflicts of Interest, Standard Certifications, and Agency Supplemental Terms, constitutes the entire agreement between the PARTIES concerning the subject matter of the CONTRACT. Modifications and waivers must be in writing and signed by authorized representatives of the PARTIES. If there is a contradiction, conflict, or inconsistency between AGENCY’S contractual provisions and any VENDOR terms and conditions, including any VENDOR attachments, the contradiction, conflict, or inconsistency shall be resolved in favor of the AGENCY’S contractual provisions. Any provision of this CONTRACT officially declared void, unenforceable, or against public policy, shall be ignored and the remaining provisions of this CONTRACT shall be interpreted, as far as possible, to give effect to the PARTIES' intent. All provisions that by their nature would be expected to survive, shall survive termination of this CONTRACT, including without limitation provisions relating to confidentiality, warranty, ownership and liability. 63
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AGENCY SUPPLEMENTAL TERMS AND CONDITIONS The following supplemental terms and conditions, if checked, are attached and are applicable to this CONTRACT: ___
Public Works Requirements. (820 ILCS 130/4).
___
Prevailing Wage (printing, janitorial cleaning, window cleaning, building and grounds, site technician, natural resources, food services, and security services if valued at more than $200 per month or $2,000 per year. (30 ILCS 500/25-60).
___
Prohibition on Contingent Fees (certain federally funded contracts)
_x__
Data Security Standards
_x__
Security Policy
_x__
Network Security Assessment
___
Minimum Information Technology Security Requirements
___
Progress Reports
___
Required Federal Clauses, Certifications and Assurances
___
Travel
___
Additional Employment Notification
___
Ethics Training
___
Other (describe)
PUBLIC WORKS REQUIREMENTS As a condition of this Agreement, the CONTRACTOR and any subcontractors of this CONTRACT must pay employees no less than the prevailing wages in the locality in which the work is to be performed for this CONTRACT when required by law and must pay suppliers and subcontractors providing lien waivers on request (820 ILCS 130). The prevailing wage requirement applies to the wages of laborers, mechanics and other workers employed in any public works, by any public body, and to anyone under contract for public works (820 ILCS 130/2). AGENCY has the authority to request certified payrolls. Any stipulation made by CONTRACTOR/CONTRACTOR to pay prevailing wages shall be deemed to be incorporated in the project specifications as if specifically set forth therein (820 ILCS 130 et. seq.). Information regarding prevailing wage, benefit, and working condition requirements may be obtained from the Illinois Department of Labor (IDOL) at (217)78-6206 and information may be viewed at the website at http://www.state.il.us/agency/idol/. CONTRACTOR must check with IDOL before submitting its offer to determine the prevailing wages, benefits, and working conditions applicable to this CONTRACT. PREVAILING WAGE As a condition of this Agreement, the CONTRACTOR and any subcontractors of this CONTRACT must pay employees no less than the prevailing wages in the locality in which the work is to be performed for this CONTRACT when required by law and must pay suppliers and subcontractors providing lien waivers on request (30 ILCS 500/25-60). The prevailing wage requirement includes but is not limited to janitorial cleaning services, window cleaning services, building and grounds services, food services, security services, and printing AGENCY has the authority to request certified payrolls. Any stipulation made by CONTRACTOR to pay prevailing wages shall be deemed to be incorporated in the project specifications as if specifically set forth therein (820 ILCS 130 et. seq.). Information regarding prevailing wage, benefit, and working condition requirements may be obtained from the Illinois Department of Labor (IDOL) at (217)78-6206 and information may be viewed at the website at http://www.state.il.us/agency/idol/. CONTRACTOR/SUBCONTRACTOR must check with IDOL before submitting 64 Revised 5/2013
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its offer to determine the prevailing wages, benefits, and working conditions applicable to this CONTRACT. PROHIBITION ON CONTINGENT FEES (CERTAIN FEDERALLY FUNDED CONTRACTS) CONTRACTOR warrants that no person or agency has been employed or retained to solicit or obtain this CONTRACT upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, AGENCY shall have the right to annul this CONTRACT without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee. “Bona fide agency,” as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence. “Bona fide employee,” as used in this clause, means a person, employed by a contractor and subject to the contractor’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. “Contingent fee,” as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. “Improper influence,” as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. DATA SECURITY STANDARDS CONTRACTOR hereby acknowledges the existence of AGENCY’S Data Security Standards, which have been adopted and published by AGENCY at: http://www.cyberdriveillinois.com/publications/pdf_publications/dataaccessstandards.pdf. It shall be the responsibility of CONTRACTOR to become informed of all such standards and procedures which may be associated with work to be performed under this CONTRACT and to remain in full compliance with the same at all times. SECURITY POLICY CONTRACTOR hereby acknowledges the existence of AGENCY’S Security Policy. It shall be the responsibility of CONTRACTOR to become informed of such Policy and to remain in full compliance with the same at all times. NETWORK SECURITY ASSESSMENT CONTRACTOR hereby acknowledges that this CONTRACT is contingent upon CONTRACTOR’S satisfactory completion of AGENCY’S Network Security Assessment. It shall be the responsibility of CONTRACTOR to provide notice to AGENCY in the event of a change in the information provided to AGENCY in any response to AGENCY’S Network Security Assessment. MINIMUM INFORMATION TECHNOLOGY SECURITY REQUIREMENTS Intentionally left blank. PROGRESS REPORTS CONTRACTOR shall submit semi-monthly activity reports to AGENCY during the entire term of this Agreement. The CONTRACTOR shall prepare a final report for submission and acceptance to the AGENCY prior to the final payment being issued. Failure to adhere to these reporting requirements could delay payment or serve as grounds for nonpayment. REQUIRED FEDERAL CLAUSES, CERTIFICATIONS AND ASSURANCES Intentionally left blank.
TRAVEL CONTRACTOR shall receive travel expenses only at the discretion of the Director and with the Director’s prior written approval. Approved expenses shall be billed (by the provider to whom such expenses are payable) 65 Revised 5/2013
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directly to the State of Illinois Office of the Secretary of State when possible. If direct billing is not possible or appropriate, CONTRACTOR shall submit a travel voucher(s) for reimbursement of such expenses. Any travel reimbursement shall be subject to the same travel regulations for all other employees of AGENCY.
ADDITIONAL EMPLOYMENT NOTIFICATION CONTRACTOR may not accept employment or become licensed in any activity or business under the authority of PRINCIPAL or any other employment which may cause conflict of interest or infringe on official work time, including but not limited to, accepting employment as a driving-instructor (or assisting in giving instructions, or affiliation with any establishment concerned with giving driving instruction for compensation), as a law enforcement officer with the power of arrest, as a securities broker or as an agent for a securities broker, as the owner or employee for any business licensed under Chapter 5 of the Illinois Vehicle Code (625 ILCS 5), or as an owner or employee of a remittance agency. CONTRACTOR shall complete the Secondary Employment Notification form provided by PRINCIPAL’S Department of Personnel. ETHICS TRAINING CONTRACTOR shall complete PRINCIPAL’S Ethics Training.
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VENDOR PROVIDED ADDITIONAL MATERIAL, CONFIDENTIAL DOCUMENTS AND EXCEPTIONS
Any additional material, confidential documents, and any exceptions must be noted on this page and provided as part of this CONTRACT. Exceptions must be provided on AGENCY’S CONTRACT TERMS AND CONDITIONS – EXCEPTIONS form or must be in a substantially similar format. AGENCY discourages taking exceptions. State law shall not be circumvented by the exception process. Exceptions may result in rejection of your bid or offer.
Additional Material (mark one) _____ No other material included _____ Other material included (describe--attach additional pages if needed)
Confidential Documents (mark one) _____ No confidential documents included _____ Confidential documents included
Exceptions (mark one): _____ No exceptions _____ Exceptions taken (describe in AGENCY form or in a format substantially similar to AGENCY’S form)
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CONTRACT TERMS AND CONDITIONS – EXCEPTIONS
_________________________________. (VENDOR) agrees with the terms and conditions set forth in Illinois Secretary of State CONTRACT FOR SUPPLIES AND/OR SERVICES, with the following exceptions:
Excluding certifications required by statute to be made by the VENDOR, both PARTIES agree that all of the duties and obligations that the VENDOR owes to AGENCY for the work performed shall be pursuant to the CONTRACT and VENDOR’S exceptions thereto as set forth below. TERMS AND CONDITIONS Article #
State the exception such as “add,” “replace,” and/or “delete.”
ADDITIONAL TERMS AND CONDITIONS New Provision(s), # et. seq.
ARTICLE NEW NUMBER, TITLE OF ARTICLE: State the new additional term or condition.
AGENCY hereby agrees to the exceptions provided by VENDOR and to the Additional Terms and Conditions provided by VENDOR. Agreed:
Agreed: Illinois Office of the Secretary of State
By:
By:
Signed:
Signed:
Position:
Position:
Date:
Date:
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EQUAL EMPLOYMENT OPPORTUNITY REQUEST The State of Illinois is an Equal Opportunity Employer. To assist in the accomplishment of Affirmative Action goals, we invite you to complete the following information. Completion of this information is not required. If an individual, please check the appropriate box. FEMALE MALE () ()
Caucasian: A person having origins in any of the original people of Europe, North Africa or the Middle East. Not of Hispanic Origin.
()
()
African American: A person having origins in any of the black racial groups of Africa. Not of Hispanic Origin.
()
()
Native American: A person having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community. Not of Hispanic Origin.
()
()
Asian: A person having origins in any of the peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. This area includes, for example, China, Japan, Korea, the Philippine Islands, and Samoa. Not of Hispanic Origin.
()
()
Hispanic: A person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race.
()
()
Disabled/Handicapped. This includes, blindness/visual impairment, deafness/hearing impairment, orthopedic impairment, cardiovascular disorder, mental disorder, nervous system disorder, respiratory related impairment, loss of limbs etc.
If a business, or institution, please check the appropriate box. ()
Minority Owned Business - A business concern which is at least 51 percentum owned by one or more minority persons, or in the case of a corporation, at least 51 percentum of the stock which is owned by one or more minority persons, and the management and daily operation of which are controlled by one or more of the minority individuals who own it.
()
Female Owned Business A business concern which is at least 51 percentum owned by one or more females, or in the case of a corporation, at least 51 percentum of the stock which is owned by one or more females, and the management and daily operation of which are controlled by one or more of the females who own it.
()
Not-for Profit Agency for the Severely Handicapped shall be one which: a. Complies with Illinois laws governing not-for profit organizations. b. Is certified as a sheltered workshop by the Wage and Hour Division of the U.S. Department of Labor. c. Meets the IDORS Just Standard for rehabilitation facilities.
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Appendix A – Facility Locations & Estimated Number of Test Workstations The table below shows an estimated number of workstations that will be needed for each facility. This table does not include replacement hardware (spares). These are really rough numbers and ILSOS expects them to change after the site surveys are complete. Vendors should plan for up to 750 workstations.
Facility # 206 005 253 107 027 230 001 076 128 177 311 002 105 026 078 003 106 029 231 151 158 306 304 321 303 302 301 130 127 308 228 322 233 030 080 051 252
Facility Name
Total 2 2 15 2 7 5 2 7 10 8 15 2 2 6 2 2 2 2 2 10 2 15 15 0 25 25 25 2 6 15 8 0 2 5 7 3 15
Aledo Anna Aurora Beardstown Belleville Belvidere Benton Bethalto Bloomington Bradley Bridgeview Cairo Canton Carbondale Carlinville Carmi Carthage Centralia Chadwick Champaign Charleston Chicago Central Chicago Heights Chicago Loop (Express) Chicago North Chicago South Chicago West Clinton Decatur Deerfield DeKalb Diversey (Express) Dixon East St. Louis Edwardsville Effingham Elgin 70
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314 057 055 227 232 203 157 077 081 004 132 082 154 102 079 176 204 207 181 059 276 131 256 251 104 006 159 011 310 184 012 307 202 208 135 180 054 032 254 035 309 052 234 320 178
Elk Grove Village Fairfield Flora Freeport Galena Galesburg Gibson City Granite City Greenville Harrisburg Havana Hillsboro Hoopeston Jacksonville Jerseyville Joliet Kewanee Lacon LaSalle Lawrenceville Libertyville Lincoln Lockport (Express) Lombard Macomb Marion Mattoon McLeansboro Melrose Park Mendota Metropolis Midlothian Moline/Silvis Monmouth Monticello Morris Mt. Carmel Mt. Vernon Naperville Nashville Niles Olney Oregon Orland Park (Express) Ottawa
22 2 2 4 2 3 2 5 2 2 2 2 2 3 3 15 3 3 2 2 15 3 0 15 4 4 3 2 15 2 2 15 10 2 2 4 2 2 15 2 15 2 2 0 3 71
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153 129 201 036 103 183 179 205 101 155 134 053 216 226 217 225 033 305 083 312 028 126 137 229 182 133 152 156 084 007 037 160 277 279 255 278 209
Paris Pekin Peoria Pinckneyville Pittsfield Plano Pontiac Princeton Quincy Rantoul Roanoke Robinson Rockford CDL Rockford Central Rockford (Express) Roscoe (Express) Salem Schaumburg Shelbyville South Holland Sparta Springfield - Klein & Mason Springfield - Dirksen Parkway Sterling Streator Taylorville Tilton Tuscola Vandalia Vienna Waterloo Watseka Waukegan West Chicago Wheaton (Express) Woodstock Wyoming
3 5 14 2 2 2 2 2 4 3 3 2 5 10 0 0 2 20 2 20 2 6 10 3 2 2 4 2 2 2 3 2 10 12 0 10 2
119
SUB-TOTAL
676
999 299 298 297
Admin Unit Mobile - Downstate Mobile - Downstate Mobile - Downstate
0 1 1 1 72
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325 326 6
993 997 996 998
5
130
Mobile - Metro Mobile - Metro
1 1
SUB-TOTAL
5
Springfield Training Center Melrose Park Training Center Marion Training Center Howlett Testing Center Special Events
1 2 1 1 2
SUB-TOTAL
7
TOTAL
688
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