SAP
Solicitation Number: Date Issued: Procurement Officer: Phone: E-Mail Address:
State of South Carolina Request for Proposal
5400006379 13 Sep 2013 Agnes Copeland 803-896-0068
[email protected]
DESCRIPTION: SaaS Cloud Based Multimedia Platform USING GOVERNMENTAL UNIT: South Carolina Department of Education (SCDE) Admin The Term "Offer" Means Your "Bid" or "Proposal". Unless submitted on-line, your offer must be submitted in a sealed package. Solicitation Number & Opening Date must appear on package exterior. See "Submitting Your Offer" provision. SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: http://www.procurement.sc.gov SUBMIT OFFER BY (Opening Date/Time): 15 Oct 2013 NLT 14:30 hrs EDT (See "Deadline For Submission Of Offer" provision) QUESTIONS MUST BE RECEIVED BY: 20 Sept 2013 NLT 14:30 hrs EDT via email to
[email protected] as word document attachment (See "Questions From Offerors" provision) NUMBER OF COPIES TO BE SUBMITTED: See Page 3 of RFP CONFERENCE TYPE: Not Applicable DATE & TIME:
LOCATION: Not Applicable
(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions)
AWARD & Award will be posted on 22 NOV 2013. The award, this solicitation, any amendments, and any AMENDMENTS related notices will be posted at the following web address: http://www.procurement.sc.gov Unless submitted on-line, you must submit a signed copy of this form with Your Offer. By submitting a bid or proposal, You agree to be bound by the terms of the Solicitation. You agree to hold Your Offer open for a minimum of ninety (90) calendar days after the Opening Date. (See "Signing Your Offer" and "Electronic Signature" provisions.)
(full legal name of business submitting the offer)
Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror. The entity named as the offeror must be a single and distinct legal entity. Do not use the name of a branch office or a division of a larger entity if the branch or division is not a separate legal entity, i.e., a separate corporation, partnership, sole proprietorship, etc.
AUTHORIZED SIGNATURE
TAXPAYER IDENTIFICATION NO.
(Person must be authorized to submit binding offer to contract on behalf of Offeror.)
(See "Taxpayer Identification Number" provision)
TITLE
STATE VENDOR NO.
(business title of person signing above)
(Register to Obtain S.C. Vendor No. at www.procurement.sc.gov)
NAME OF OFFEROR
PRINTED NAME
DATE SIGNED
(printed name of person signing above)
STATE OF INCORPORATION (If you are a corporation, identify the state of incorporation.)
OFFEROR'S TYPE OF ENTITY: (Check one)
(See "Signing Your Offer" provision.)
___ Sole Proprietorship
___ Partnership
___ Other_____________________________
___ Corporate entity (not tax-exempt)
___ Corporation (tax-exempt)
___ Government entity (federal, state, or local)
COVER PAGE (NOV. 2007)
Page 1
SAP SAP
PAGE TWO (Return Page Two with Your Offer)
HOME OFFICE ADDRESS (Address for offeror's home office /
NOTICE ADDRESS (Address to which all procurement and contract
principal place of business)
related notices should be sent.) (See "Notice" clause)
_________________________________________________ Area Code - Number - Extension Facsimile _________________________________________________ E-mail Address
PAYMENT ADDRESS (Address to which payments will be sent.)
ORDER ADDRESS (Address to which purchase orders will be sent)
(See "Payment" clause)
(See "Purchase Orders and "Contract Documents" clauses)
____Payment Address same as Home Office Address ____Payment Address same as Notice Address (check only one)
____Order Address same as Home Office Address ____Order Address same as Notice Address (check only one)
ACKNOWLEDGMENT OF AMENDMENTS Offerors acknowledges receipt of amendments by indicating amendment number and its date of issue. (See "Amendments to Solicitation" Provision) Amendment No.
Amendment Issue Date
DISCOUNT FOR PROMPT PAYMENT
Amendment No.
10 Calendar Days (%)
Amendment Issue Date
Amendment No.
20 Calendar Days (%)
(See "Discount for Prompt Payment" clause)
PREFERENCES - A NOTICE TO VENDORS (SEP. 2009): DOES NOT APPLY TO THIS RFP
PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE:
DOES NOT APPLY TO THIS RFP
PAGE TWO (SEP 2009)
End of PAGE TWO
Page 2
Amendment Issue Date
Amendment No.
30 Calendar Days (%)
Amendment Issue Date
_____Calendar Days (%)
IMPORTANT INFORMATION FOR ALL OFFERORS All Offerors desiring to respond to this solicitation should register and submit your response online. To respond online, you must follow the new South Carolina Enterprise Information System (SCEIS) vendor registration instructions found at the South Carolina Procurement Information Center website address of: http://www.procurement.sc.gov/ . Even if you are registered in the old procurement system, you must still register or update your information in the new SCEIS system. Once the registration process is complete, the system will generate a new SCEIS vendor userid and password. The Offeror must keep this information current or you will not be able to submit future bids. OFFERORS ENCOUNTERING REGISTRATION PROBLEMS SHOULD CONTACT: DSIT Help Desk (803) 896-0001 Select Option 1 then Option 1 Monday – Friday 8:00 AM – 4:30 PM SCEIS Service Desk Vendor Ticket Form Additional vendor instructions concerning submitting offers can be found at: http://procurement.sc.gov/PS/vendor/PS-vendor-submitting-offers.phtm
NUMBER OF COPIES Offerors must follow these instructions carefully when responding to the solicitation online. 1. The original solicitation response must be submitted on-line and is the official response. 2. All Offerors should attach all additional requested documents to their response in the online system. These documents can be attached under the “My Notes” tab in the online system either on the main response page or under the necessary line item. In addition to the offer you submitted on-line, the Offerer must submit the following: 1. In accordance with clause titled “Submitting Redacted Offers (Feb 2007) located in Section IV of this RFP, one (1) redacted copy of both technical and price proposal; 2. 4 individual copies of your Technical Proposal on a CD/DVD/USB identical to that submitted on line; 3. 4 individual copies of your Business Proposal on a CD/DVD/USB identical to that submitted on line. 4. 1 individual paper copy of your original complete Proposal (Technical and Price). All copies requested must be delivered no later than the date and time specified on the cover page of the solicitation to the following address: Information Technology Management Office (ITMO) Attention: Solicitation Number 5400006379 Agnes Copeland, Procurement Manager 1201 Main Street, Suite 601 Columbia, SC 29201 IMPORTANT NOTICE: THE STATE RESERVES THE RIGHT TO NEGOTIATE THE FOLLOWING THREE (3) CONTRACTUAL CLAUSES, INDEMNIFICATION, WARRANTY AND LIABILITY FOR DAMAGES; THESE ARE THE ONLY CLAUSES THAT WILL BE CONSIDERED FOR NEGOTIATIONS. PLEASE NOTE THAT IF ADDITIONAL TERMS AND CONDITIONS ARE OBJECTED TO OR QUALIFIED, YOUR OFFER MAY BE DEEMED NONRESPONSIVE AND NOT CONSIDERED FURTHER. IF YOU QUALIFY YOUR OFFER WITH A STATEMENT LIKE: “THIS IS NOT AN OFFER”, YOU MAY BE DEEMED NON-RESPONSIVE AND ELIMINATED FROM FURTHER CONSIDERATION.
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Offeror Verification of Submitted Responses
After submitting an online response to a solicitation, Offeror may validate their submission with the following steps:
1. Go back to the initial screen 2. Select Start by clicking the Start button’ 3. Bid Submitted will appear in the Bid Status Column as seen below
You may want to print this page for your records.
End of Page 4
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Table of ContentsP SECTION_I ................................................................................................................................................................... 8 ACQUIRE SERVICES (JAN 2006) ............................................................................................................................... 8 MAXIMUM CONTRACT PERIOD - ESTIMATED (Jan 2006) .................................................................................. 8 SECTION_IIA. GENERAL INSTRUCTIONS ............................................................................................................. 9 DEFINITIONS................................................................................................................................................................. 9 AMENDMENTS TO SOLICITATION (JAN 2004) ......................................................................................................10 AWARD NOTIFICATION (NOV 2007) .......................................................................................................................10 BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004) ........................................................................................10 BID ACCEPTANCE PERIOD (JAN 2004) ...................................................................................................................10 BID IN ENGLISH and DOLLARS (JAN 2004) ............................................................................................................10 BOARD AS PROCUREMENT AGENT (JAN 2004) ...................................................................................................10 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008) ........................................................10 CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004) .........11 CODE OF LAWS AVAILABLE (JAN 2006) ................................................................................................................11 COMPLETION OF FORMS/CORRECTION OF ERRORS (JAN 2006) .....................................................................12 DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (MAY 2011) .........12 DEADLINE FOR SUBMISSION OF OFFER (JAN 2004) ...........................................................................................12 DRUG FREE WORK PLACE CERTIFICATION (JAN 2004) .....................................................................................12 DUTY TO INQUIRE (JAN 2006) ..................................................................................................................................12 ETHICS CERTIFICATE (MAY 2008) ..........................................................................................................................12 OMIT TAXES FROM PRICE (JAN 2004) ....................................................................................................................12 PROTESTS (JUNE 2006) ...............................................................................................................................................12 PUBLIC OPENING (JAN 2004) ....................................................................................................................................12 QUALIFYING YOUR PROPOSAL ………………………….......................................................................................13 QUESTIONS FROM OFFERORS (JAN 2004) .............................................................................................................13 REJECTION/CANCELLATION (JAN 2004) ...............................................................................................................13 RESPONSIVENESS/IMPROPER OFFERS (JAN 2004) ..............................................................................................13 RESTRICTIONS APPLICABLE TO OFFERORS (JAN 2004) ....................................................................................13 SIGNING YOUR OFFER (JAN 2004) ...........................................................................................................................13 STATE OFFICE CLOSINGS (JAN 2004) .....................................................................................................................14 SUBMITTING CONFIDENTIAL INFORMATION (AUG 2002) ................................................................................14 SUBMITTING YOUR OFFER OR MODIFICATION (JAN 2004) ...............................................................................14 TAX CREDIT FOR SUBCONTRACTING WITH DISADVANTAGED SMALL BUSINESSES (JAN 2008) ...........14 TAXPAYER IDENTIFICATION NUMBER (JAN 2004) .............................................................................................15 VENDOR REGISTRATION MANDATORY (JAN 2006) ...........................................................................................15 WITHDRAWAL OR CORRECTION OF OFFER (JAN 2004) ....................................................................................15 SECTION_IIB SPECIAL INSTRUCTIONS CONTENTS OF OFFER (RFP) -- ITMO (JAN 2006) ...................................................................................................16 CLARIFICATION (NOV 2007) .....................................................................................................................................16 DISCUSSIONS & NEGOTIATIONS (NOV 2007)…………. .......................................................................................16 LIVE DEMONSTRATION REQUIREMENTS .............................................................................................................16 ON-LINE BIDDING INSTRUCTIONS (NOV 2007) ....................................................................................................17 OPENING PROPOSALS – PRICES NOT DIVULGED (JAN 2006)…… ....................................................................17 PROTEST - CPO - ITMO ADDRESS (JUNE 2006) .....................................................................................................17 SECTION_III ................................................................................................................................................................18 SCOPE OF WORK…. .....................................................................................................................................................18 DELIVERY/PERFORMANCE LOCATION -- SPECIFIED (JAN 2006)......................................................................27 SECTION_IV ................................................................................................................................................................28 INFORMATION FOR OFFERORS TO SUBMIT -EVALUATION (JAN 2006) ….....................................................28 INFORMATION FOR OFFERORS TO SUBMIT -- GENERAL (JAN 2006) 28 .........................................................28 MINORITY PARTICIPATION (JAN 2006) ..................................................................................................................28 SUBMITTING REDACTED OFFERS (FEB 2007) ......................................................................................................29 SECTION_V ..................................................................................................................................................................30 QUALIFICATION OF OFFEROR (JAN 2006) .............................................................................................................30 QUALIFICATION – EVALUATION ............................................................................................................................30 Page 5
QUALIFICATIOS MANDATORY MINIMUM (JAN 2006) ........................................................................................30 QUALIFICATIONS -- REQUIRED INFORMATION (JAN 2006) ...............................................................................31 SUBCONTRACTOR -- IDENTIFICATION (JAN 2006) .............................................................................................31 SECTION_VI ................................................................................................................................................................32 AWARD CRITERIA – PROPOSALS (JAN 2006) ….. ..................................................................................................32 AWARD TO ONE OFFEROR (JAN 2006) ...................................................................................................................32 COMPETITION FROM PUBLIC ENTITIES (JAN 2006) ............................................................................................32 EVALUATION FACTORS – PROPOSALS (JAN 2006)…. .........................................................................................32 UNIT PRICE GOVERNS (JAN 2006)… ........................................................................................................................33 SECTION_VIIA ............................................................................................................................................................34 INDEMNIFICATION......................................................................................................................................................34 LIABILITY OF DAMAGES ...........................................................................................................................................34 WARRANTY ..................................................................................................................................................................34 ASSIGNMENT (JAN 2006) ...........................................................................................................................................34 BANKRUPTCY (JAN 2006) ..........................................................................................................................................34 CHOICE-OF-LAW (JAN 2006) .....................................................................................................................................34 CONTRACT DOCUMENTS and ORDER OF PRECEDENCE (JAN 2006) ................................................................34 DISCOUNT FOR PROMPT PAYMENT (JAN 2006) ...................................................................................................35 DISPUTES (JAN 2006) ..................................................................................................................................................35 EQUAL OPPORTUNITY (JAN 2006) ..........................................................................................................................35 FALSE CLAIMS (JAN 2006) ........................................................................................................................................35 FIXED PRICING REQUIRED (JAN 2006) ...................................................................................................................35 NON-INDEMNIFICATION (JAN 2006) .......................................................................................................................35 NOTICE (JAN 2006) ......................................................................................................................................................35 PAYMENT and INTEREST (MAY 2011) .....................................................................................................................35 PUBLICITY (JAN 2006) ................................................................................................................................................36 PURCHASE ORDERS (JAN 2006) ...............................................................................................................................36 SETOFF (JAN 2006) ......................................................................................................................................................36 SURVIVAL OF OBLIGATIONS (JAN 2006) ...............................................................................................................36 TAXES (JAN 2006) ........................................................................................................................................................36 TERMINATION DUE TO UNAVAILABILITY OF FUNDS (JAN 2006) ..................................................................36 THIRD PARTY BENEFICIARY (JAN 2006) ...............................................................................................................36 WAIVER (JAN 2006) .....................................................................................................................................................37 SECTION_VIIB ............................................................................................................................................................38 CHANGES (JAN 2006) ..................................................................................................................................................38 COMPLIANCE WITH LAWS (JAN 2006) ...................................................................................................................38 CONTRACTOR'S LIABILITY INSURANCE……………… .......................................................................................38 CONTRACTOR PERSONNEL (JAN 2006) ...................................................................................................................39 CONTRACTOR'S OBLIGATION -- GENERAL (JAN 2006) .......................................................................................39 DATA PRIVACY ............................................................................................................................................................39 DEFAULT (JAN 2006) ..................................................................................................................................................40 ESTIMATED QUANTITY – UNKNOWN (JAN 2006).................................................................................................41 IILEGAL IMMIGRATION (NOV. 2008) ......................................................................................................................41 INFORMATION SECURITY ........................................................................................................................................41 INFORMATION GOVERNANCE – STANDARDS..................................................................................................... 41 INFORMATION SECURITY – DATA LOCATION .....................................................................................................41 INFORMATION USE AND DISCLOSURE .................................................................................................................42 INFORMATION AND DISCLOSURE – STANDARDS ..............................................................................................44 INTELLECTUAL PROPERTY INFRINGEMENT ........................................................................................................44 LICENSES AND PERMITS (JAN 2006) .......................................................................................................................44 LIMITATION ON LIABILITY ......................................................................................................................................44 OWNERSHIP AND PERMITS .......................................................................................................................................45 PRICE ADJUSTMENTS (JAN 2006) ............................................................................................................................45 PRICING DATA -- AUDIT -- INSPECTION (JAN 2006) ............................................................................................45 PRIVACY -- WEB SERVICES (JAN 2006) ..................................................................................................................45 RELATIONSHIP OF THE PARTIES (JAN 2006) ........................................................................................................45 TERM OF CONTRACT -- EFFECTIVE DATE / INITIAL CONTRACT PERIOD (JAN 2006) ................................46 TERM OF CONTRACT -- OPTION TO RENEW (JAN 2006) ....................................................................................46 TERMINATION FOR CONVENIENCE (JAN 2006) ...................................................................................................46 Page 6
SECTION_VIII .............................................................................................................................................................47 BIDDING SCHEDULE (NOV 2007) .............................................................................................................................47 SECTION_IX ................................................................................................................................................................50 NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT INCOME TAX WITHHOLDING ...........................50 Attachment A – CERTIFICATE OF INDEPENDENT PRICE DETERMINATION .....................................................52 Attachment B – CERTIFICATE FOR NON-COLLUSION ADDIDAVIT ....................................................................54 Attachment C – VENDOR REFERENCE FORM ...........................................................................................................56 Attachment D – SOUTH CAROLING DEPARTMENT OF EDUCATION CONFIDENTIALITY AGREEMENT ...57
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SAP
I. SCOPE OF SOLICITATION The Information Technology Management Office, on behalf of the South Caroline Department of Education (SCDE), is seeking a technology solution to host Cloud-Based video content through progressive downloads, stream live video, and provide a turnkey solution to on-demand video services. Solution will also need to include implementation, training, and continued service and support. The need of this project is to provide a user-friendly, demand-driven cloud-based multimedia delivery system. The Offeror must host and operate the System. All necessary server and related equipment shall be located in data centers provided/hosted through the Offeror. The term of this contract will be the initial award of one year with an option of four One-Year periods for a total not to exceed five years. ACQUIRE SERVICES (JAN 2006) The purpose of this solicitation is to acquire services complying with the enclosed description and/or specifications and conditions. [01-1010-1] MAXIMUM CONTRACT PERIOD - ESTIMATED (Jan 2006) Start date: 3 Dec 2013 End date: 2 Dec 2018 Dates provided are estimates only. Any resulting contract will begin on the date specified in the notice of award. See clause entitled "Term of Contract - Effective Date/Initial Contract Period". [01-1040-1]
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SAP
II. INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS DEFINITIONS (JAN 2006) EXCEPT AS OTHERWISE PROVIDED HEREIN, THE FOLLOWING DEFINITIONS ARE APPLICABLE TO ALL PARTS OF THE SOLICITATION. AMENDMENT means a document issued to supplement the original solicitation document. BOARD means the South Carolina Budget & Control Board. BUYER means the Procurement Officer. CHANGE ORDER means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual agreement of the parties to the contract. CONTRACT See clause entitled Contract Documents & Order of Precedence. CONTRACT MODIFICATION means a written order signed by the Procurement Officer, directing the contractor to make changes which the changes clause of the contract authorizes the Procurement Officer to order without the consent of the contractor. CONTRACTOR means the Offeror receiving an award as a result of this solicitation. COVER PAGE means the top page of the original solicitation on which the solicitation is identified by number. Offerors are cautioned that Amendments may modify information provided on the Cover Page. OFFER means the bid or proposal submitted in response this solicitation. The terms Bid and Proposal are used interchangeably with the term Offer. OFFEROR means the single legal entity submitting the offer. The term Bidder is used interchangeably with the term Offeror. See bidding provisions entitled Signing Your Offer and Bid/Proposal As Offer To Contract. ORDERING ENTITY Using Governmental Unit that has submitted a Purchase Order. PAGE TWO means the second page of the original solicitation, which is labeled Page Two. PROCUREMENT OFFICER means the person, or his successor, identified as such on the Cover Page. YOU and YOUR means Offeror. SERVICES means the furnishing of labor, time or effort by a contractor not required to deliver a specific end product, other than reports which are merely incidental to required performance. The term includes consultant services other than architectural, engineering, land surveying, construction management, and related services. This term does not include employment agreements, or services as defined in Section 11-35-310-(1) SOLICITATION means this document, including all its parts, attachments, and any Amendments. STATE means the Using Governmental Unit(s) identified on the Cover Page. SUBCONTRACTOR means any person having a contract to perform work or render service to Contractor as a part of the Contractor's agreement arising from this solicitation. USING GOVERNMENTAL UNIT means the unit(s) of government identified as such on the Cover Page. If the Cover Page names a Statewide Term Contract as the Using Governmental Unit, the Solicitation seeks to establish a Term Contract [11-35-310(35)] open for use by all South Carolina Public Procurement Units [11-35-4610(5)]. WORK means all labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations under the Contract.
South Carolina Department of Education DEFINITIONS Except as otherwise provided herein, the following definitions are applicable to all parts of the solicitation. These definitions are to serve for the purpose of this document. 1. 508 - The Section 508 amendment to the Rehabilitation Act of 1973. Section 508 seeks to lower barriers and promote accessibility to disabled persons with regards to information technology and applies to all. Section 508 requires Federal electronic and information technology to be accessible to people with disabilities, including Federal employees and members of the public. 2. Agency means the South Carolina Department of Education. 3. Office of Transportation (OT) – an office which operates under SCDE and is responsible for managing the bus and service vehicle fleets. 4. Chief Information Office (CIO) – an office which operates under SCDE and is responsible for managing technology infrastructure. 5. Shall /Must- used to indicate that the requirement listed is mandatory. 6. Should - used to indicate that the requirement is strongly desired, but not mandatory. 7. South Carolina Budget and Control Board-Information Technology Management Office (ITMO)– those responsible for administering the request for proposal process. As well as contract management/administration after award of the contract. 8. South Carolina Department of Education (SCDE) or Department of Education (DOE) - a State agency in South Carolina. 9. Stakeholders – the Office of Transportation, Bus Shops, and District employees. 10. System – the system that is described by the Offeror in this RFP. AMENDMENTS TO SOLICITATION (JAN 2004) (a) The Solicitation may be amended at any time prior to opening. All actual and prospective Offerors should monitor the following Page 9
web site for the issuance of Amendments: www.procurement.sc.gov (b) Offerors shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on Page Two, (3) by letter, or (4) by submitting a bid that indicates in some way that the bidder received the amendment. (c) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged. AWARD NOTIFICATION (NOV 2007) Notice regarding any award or cancellation of award will be posted at the location specified on the Cover Page. If the contract resulting from this Solicitation has a total or potential value of fifty thousand dollars or more, such notice will be sent to all Offerors responding to the Solicitation. Should the contract resulting from this Solicitation have a total or potential value of one hundred thousand dollars or more, such notice will be sent to all Offerors responding to the Solicitation and any award will not be effective until the eleventh day after such notice is given. [02-2A010-1] BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004) By submitting Your Bid or Proposal, You are offering to enter into a contract with the Using Governmental Unit(s). Without further action by either party, a binding contract shall result upon final award. Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror on the Cover Page. An Offer may be submitted by only one legal entity; "joint bids" are not allowed. [02-2A015-1] BID ACCEPTANCE PERIOD (JAN 2004) In order to withdraw Your Offer after the minimum period specified on the Cover Page, You must notify the Procurement Officer in writing. [02-2A020-1] BID IN ENGLISH and DOLLARS (JAN 2004) Offers submitted in response to this solicitation shall be in the English language and in US dollars, unless otherwise permitted by the Solicitation. [02-2A025-1] BOARD AS PROCUREMENT AGENT (JAN 2004) (a) Authorized Agent. All authority regarding the conduct of this procurement is vested solely with the responsible Procurement Officer. Unless specifically delegated in writing, the Procurement Officer is the only government official authorized to bind the government with regard to this procurement. (b) Purchasing Liability. The Procurement Officer is an employee of the Board acting on behalf of the Using Governmental Unit(s) pursuant to the Consolidated Procurement Code. Any contracts awarded as a result of this procurement are between the Contractor and the Using Governmental Units(s). The Board is not a party to such contracts, unless and to the extent that the board is a using governmental unit, and bears no liability for any party's losses arising out of or relating in any way to the contract. [02-2A030-1] CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008) GIVING FALSE, MISLEADING, OR INCOMPLETE INFORMATION ON THIS CERTIFICATION MAY RENDER YOU SUBJECT TO PROSECUTION UNDER SECTION 16-9-10 OF THE SOUTH CAROLINA CODE OF LAWS AND OTHER APPLICABLE LAWS. (a) By submitting an offer, the offeror certifies that(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to(i) Those prices; (ii) The intention to submit an offer; or (iii) The methods or factors used to calculate the prices offered. (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this Page 10
certification; or (2)(i) Has been authorized, in writing, to act as agent for the offeror's principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this certification [As used in this subdivision (b)(2)(i), the term "principals" means the person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal]; (ii) As an authorized agent, does certify that the principals referenced in subdivision (b)(2)(i) of this certification have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this certification; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this certification. (c) If the offeror deletes or modifies paragraph (a)(2) of this certification, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. [02-2A032-1] CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004) (a) (1) By submitting an Offer, Offeror certifies, to the best of its knowledge and belief, that(i) Offeror and/or any of its Principals(A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any state or federal agency; (B) Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and (C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision. (ii) Offeror has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any public (Federal, state, or local) entity. (2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). (b) Offeror shall provide immediate written notice to the Procurement Officer if, at any time prior to contract award, Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) If Offeror is unable to certify the representations stated in paragraphs (a)(1), Offer must submit a written explanation regarding its inability to make the certification. The certification will be considered in connection with a review of the Offeror's responsibility. Failure of the Offeror to furnish additional information as requested by the Procurement Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly or in bad faith rendered an erroneous certification, in addition to other remedies available to the State, the Procurement Officer may terminate the contract resulting from this solicitation for default. [02-2A035-1] CODE OF LAWS AVAILABLE (JAN 2006) The South Carolina Code of Laws, including the Consolidated Procurement Code, is available at: http://www.scstatehouse.gov/code/statmast.php. The South Carolina Regulations are available at: http://www.scstatehouse.gov/coderegs/statmast.php [02-2A040-2] Page 11
COMPLETION OF FORMS/CORRECTION OF ERRORS (JAN 2006) All prices and notations should be printed in ink or typewritten. Errors should be crossed out, corrections entered and initialed by the person signing the bid. Do not modify the solicitation document itself (including bid schedule). (Applicable only to offers submitted on paper.) [02-2A045-1] DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (MAY 2011) You warrant and represent that your offer identifies and explains any unfair competitive advantage you may have in competing for the proposed contract and any actual or potential conflicts of interest that may arise from your participation in this competition or your receipt of an award. The two underlying principles are (a) preventing the existence of conflicting roles that might bias a contractor's judgment, and (b) preventing an unfair competitive advantage. If you have an unfair competitive advantage or a conflict of interest, the state may withhold award. Before withholding award on these grounds, an offeror will be notified of the concerns and provided a reasonable opportunity to respond. Efforts to avoid or mitigate such concerns, including restrictions on future activities, may be considered. [02-2A047-1] DEADLINE FOR SUBMISSION OF OFFER (JAN 2004) Any offer received after the Procurement Officer of the governmental body or his designee has declared that the time set for opening has arrived, shall be rejected unless the offer has been delivered to the designated purchasing office or the governmental bodies mail room which services that purchasing office prior to the bid opening. [R.19-445.2070(H)] [02-2A050-1] DRUG FREE WORK PLACE CERTIFICATION (JAN 2004) By submitting an Offer, Contractor certifies that, if awarded a contract, Contractor will comply with all applicable provisions of The Drug-free Workplace Act, Title 44, Chapter 107 of the South Carolina Code of Laws, as amended. [02-2A065-1] DUTY TO INQUIRE (JAN 2006) Offeror, by submitting an Offer, represents that it has read and understands the Solicitation and that its Offer is made in compliance with the Solicitation. Offerors are expected to examine the Solicitation thoroughly and should request an explanation of any ambiguities, discrepancies, errors, omissions, or conflicting statements in the Solicitation. Failure to do so will be at the Offeror's risk. Offeror assumes responsibility for any patent ambiguity in the Solicitation that Offeror does not bring to the State's attention. [02-2A070-1] ETHICS CERTIFICATE (MAY 2008) By submitting an offer, the offeror certifies that the offeror has and will comply with, and has not, and will not, induce a person to violate Title 8, Chapter 13 of the South Carolina Code of Laws, as amended (ethics act). The following statutes require special attention: Section 8-13-700, regarding use of official position for financial gain; Section 8-13-705, regarding gifts to influence action of public official; Section 8-13-720, regarding offering money for advice or assistance of public official; Sections 8-13-755 and 8-13760, regarding restrictions on employment by former public official; Section 8-13-775, prohibiting public official with economic interests from acting on contracts; Section 8-13-790, regarding recovery of kickbacks; Section 8-13-1150, regarding statements to be filed by consultants; and Section 8-13-1342, regarding restrictions on contributions by contractor to candidate who participated in awarding of contract. The state may rescind any contract and recover all amounts expended as a result of any action taken in violation of this provision. If contractor participates, directly or indirectly, in the evaluation or award of public contracts, including without limitation, change orders or task orders regarding a public contract, contractor shall, if required by law to file such a statement, provide the statement required by Section 8-13-1150 to the procurement officer at the same time the law requires the statement to be filed. [02-2A075-2] OMIT TAXES FROM PRICE (JAN 2004) Do not include any sales or use taxes in Your price that the State may be required to pay. [02-2A080-1] PROTESTS (JUNE 2006) Any prospective bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the solicitation of a contract shall protest within fifteen days of the date of issuance of the applicable solicitation document at issue. Any actual bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the intended award or award of a contract shall protest within ten days of the date notification of award is posted in accordance with this code. A protest shall be in writing, shall set forth the grounds of the protest and the relief requested with enough particularity to give notice of the issues to be decided, and must be received by the appropriate Chief Procurement Officer within the time provided. See clause entitled "Protest-CPO". [Section 11-35-4210] PUBLIC OPENING (JAN 2004) Offers will be publicly opened at the date/time and at the location identified on the Cover Page, or last Amendment, whichever is applicable. [02-2A090-1] Page 12
QUALIFYING YOUR PROPOSAL ANY OFFEROR WHO TAKES EXCEPTIONS TO TERMS AND CONDITIONS OR OTHERWISE QUALIFIES THEIR OFFER MAY BE DEEMED NON-RESPONSIVE. OFFERORS MAY NOT BE GIVEN AN OPPORTUNITY TO CORRECT ANY MATERIAL NONCONFORMITY. IF YOU QUALIFY YOUR OFFER WITH A STATEMENT LIKE: “THIS IS NOT AN OFFER”, YOU MAY BE DEEMED NON-RESPONSIVE AND ELIMINAED FROM FURTHER CONSIDERATION. QUESTIONS FROM OFFERORS Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing. Questions must be received by the Procurement Officer no later than five (5) days prior to opening unless otherwise stated on the Cover Page. Label any communication regarding your questions with the name of the procurement officer, and the solicitation's title and number. Oral explanations or instructions will not be binding. Any information given a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an Amendment to the solicitation, if that information is necessary for submitting offers or if the lack of it would be prejudicial to other prospective offerors. (b) The State seeks to permit maximum practicable competition. Offerors are urged to advise the Procurement Officer -- as soon as possible -- regarding any aspect of this procurement, including any aspect of the Solicitation that unnecessarily or inappropriately limits full and open competition. All questions must be received by the date and time designated on the front cover of the RFP. Send a word document via email to
[email protected] REJECTION/CANCELLATION (JAN 2004) The State may cancel this solicitation in whole or in part. The State may reject any or all proposals in whole or in part. [SC Code Section 11-35-1710 & R.19-445.2065] [02-2A100-1] RESPONSIVENESS/IMPROPER OFFERS (JAN 2004) (a) Bid as Specified. Offers for supplies or services other than those specified will not be considered unless authorized by the Solicitation. (b) Multiple Offers. Offerors may submit more than one Offer, provided that each Offer has significant differences other than price. Each separate Offer must satisfy all Solicitation requirements. If this solicitation is an Invitation for Bids, each separate offer must be submitted as a separate document. If this solicitation is a Request for Proposals, multiple offers may be submitted as one document, provided that you clearly differentiate between each offer and you submit a separate cost proposal for each offer, if applicable. (c) Responsiveness. Any Offer which fails to conform to the material requirements of the Solicitation may be rejected as nonresponsive. Offers which impose conditions that modify material requirements of the Solicitation may be rejected. If a fixed price is required, an Offer will be rejected if the total possible cost to the State cannot be determined. Offerors will not be given an opportunity to correct any material nonconformity. Any deficiency resulting from a minor informality may be cured or waived at the sole discretion of the Procurement Officer. [R.19-445.2070 and Section 11-35-1520(13)] (d) Price Reasonableness: Any offer may be rejected if the Procurement Officer determines in writing that it is unreasonable as to price. [R. 19-445.2070]. (e) Unbalanced Bidding. The State may reject an Offer as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the State even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment. [02-2A105-1] RESTRICTIONS APPLICABLE TO OFFERORS (JAN 2004) Violation of these restrictions may result in disqualification of your offer, suspension or debarment, and may constitute a violation of the state Ethics Act. (a) After issuance of the solicitation, you agree not to discuss this procurement activity in any way with the Using Governmental Unit or its employees, agents or officials. All communications must be solely with the Procurement Officer. This restriction may be lifted by express written permission from the Procurement Officer. This restriction expires once a contract has been formed. (b) Unless otherwise approved in writing by the Procurement Officer, you agree not to give anything to any Using Governmental Unit or its employees, agents or officials prior to award. [02-2A110-1] SIGNING YOUR OFFER (JAN 2004) Every Offer must be signed by an individual with actual authority to bind the Offeror. (a) If the Offeror is an individual, the Offer Page 13
must be signed by that individual. If the Offeror is an individual doing business as a firm, the Offer must be submitted in the firm name, signed by the individual, and state that the individual is doing business as a firm. (b) If the Offeror is a partnership, the Offer must be submitted in the partnership name, followed by the words by its Partner, and signed by a general partner. (c) If the Offeror is a corporation, the Offer must be submitted in the corporate name, followed by the signature and title of the person authorized to sign. (d) An Offer may be submitted by a joint venturer involving any combination of individuals, partnerships, or corporations. If the Offeror is a joint venture, the Offer must be submitted in the name of the Joint Venture and signed by every participant in the joint venture in the manner prescribed in paragraphs (a) through (c) above for each type of participant. (e) If an Offer is signed by an agent, other than as stated in subparagraphs (a) through (d) above, the Offer must state that is has been signed by an Agent. Upon request, Offeror must provide proof of the agent's authorization to bind the principal. [02-2A115-1] STATE OFFICE CLOSINGS (JAN 2004) If an emergency or unanticipated event interrupts normal government processes so that offers cannot be received at the government office designated for receipt of bids by the exact time specified in the solicitation, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal government processes resume. In lieu of an automatic extension, an Amendment may be issued to reschedule bid opening. If state offices are closed at the time a pre-bid or pre-proposal conference is scheduled, an Amendment will be issued to reschedule the conference. Useful information may be available at: http://www.scemd.org/scgovweb/weather_alert.html. [02-2A120-2] SUBMITTING CONFIDENTIAL INFORMATION (AUG 2002) (An overview is available at www.procurement.sc.gov) For every document Offeror submits in response to or with regard to this solicitation or request, Offeror must separately mark with the word "CONFIDENTIAL" every page, or portion thereof, that Offeror contends contains information that is exempt from public disclosure because it is either (a) a trade secret as defined in Section 30-440(a)(1), or (b) privileged and confidential, as that phrase is used in Section 11-35-410. For every document Offeror submits in response to or with regard to this solicitation or request, Offeror must separately mark with the words "TRADE SECRET" every page, or portion thereof, that Offeror contends contains a trade secret as that term is defined by Section 39-8-20 of the Trade Secrets Act. For every document Offeror submits in response to or with regard to this solicitation or request, Offeror must separately mark with the word "PROTECTED" every page, or portion thereof, that Offeror contends is protected by Section 11-35-1810. All markings must be conspicuous; use color, bold, underlining, or some other method in order to conspicuously distinguish the mark from the other text. Do not mark your entire response (bid, proposal, quote, etc.) as confidential, trade secret, or protected. If your response, or any part thereof, is improperly marked as confidential or trade secret or protected, the State may, in its sole discretion, determine it nonresponsive. If only portions of a page are subject to some protection, do not mark the entire page. By submitting a response to this solicitation or request, Offeror (1) agrees to the public disclosure of every page of every document regarding this solicitation or request that was submitted at any time prior to entering into a contract (including, but not limited to, documents contained in a response, documents submitted to clarify a response, and documents submitted during negotiations), unless the page is conspicuously marked "TRADE SECRET" or "CONFIDENTIAL" or "PROTECTED", (2) agrees that any information not marked, as required by these bidding instructions, as a "Trade Secret" is not a trade secret as defined by the Trade Secrets Act, and (3) agrees that, notwithstanding any claims or markings otherwise, any prices, commissions, discounts, or other financial figures used to determine the award, as well as the final contract amount, are subject to public disclosure. In determining whether to release documents, the State will detrimentally rely on Offeror's marking of documents, as required by these bidding instructions, as being either "Confidential" or "Trade Secret" or "PROTECTED". By submitting a response, Offeror agrees to defend, indemnify and hold harmless the State of South Carolina, its officers and employees, from every claim, demand, loss, expense, cost, damage or injury, including attorney's fees, arising out of or resulting from the State withholding information that Offeror marked as "confidential" or "trade secret" or "PROTECTED". (All references to S.C. Code of Laws.) [02-2A125-1] SUBMITTING YOUR OFFER OR MODIFICATION (JAN 2004) (a) Offers and offer modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) - (1) Addressed to the office specified in the Solicitation; and (2) Showing the time and date specified for opening, the solicitation number, and the name and address of the bidder. (b) If you are responding to more than one solicitation, each offer must be submitted in a different envelope or package. (c) Each Offeror must submit the number of copies indicated on the Cover Page. (d) Offerors using commercial carrier services shall ensure that the Offer is addressed and marked on the outermost envelope or wrapper as prescribed in paragraphs (a)(1) and (2) of this provision when delivered to the office specified in the Solicitation. (e) Facsimile or e-mail offers, modifications, or withdrawals, will not be considered unless authorized by the Solicitation. (f) Offers submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation. [02-2A130-1] TAX CREDIT FOR SUBCONTRACTING WITH DISADVANTAGED SMALL BUSINESSES (JAN 2008) Pursuant to Section 12-6-3350, a taxpayer having a contract with this State who subcontracts with a socially and economically disadvantaged small business is eligible for an income tax credit equal to four percent of the payments to that subcontractor for work pursuant to the contract. The subcontractor must be certified as a socially and economically disadvantaged small business as defined in Section 11-35-5010 and regulations pursuant to it. The credit is limited to a maximum of fifty thousand dollars annually. A Page 14
taxpayer is eligible to claim the credit for ten consecutive taxable years beginning with the taxable year in which the first payment is made to the subcontractor that qualifies for the credit. After the above ten consecutive taxable years, the taxpayer is no longer eligible for the credit. A taxpayer claiming the credit shall maintain evidence of work performed for the contract by the subcontractor. The credit may be claimed on Form TC-2, "Minority Business Credit." A copy of the subcontractor's certificate from the Governor's Office of Small and Minority Business (OSMBA) is to be attached to the contractor's income tax return. Questions regarding the tax credit and how to file are to be referred to: SC Department of Revenue, Research and Review, Phone: (803) 898-5786, Fax: (803) 898-5888. Questions regarding subcontractor certification are to be referred to: Governor's Office of Small and Minority Business Assistance, Phone: (803) 734-0657, Fax: (803) 734-2498. [02-2A135-1] TAXPAYER IDENTIFICATION NUMBER (JAN 2004) (a) If Offeror is owned or controlled by a common parent as defined in paragraph (b) of this provision, Offeror shall submit with its Offer the name and TIN of common parent. (b) Definitions: "Common parent," as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. "Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number. (c) If Offeror does not have a TIN, Offeror shall indicate if either a TIN has been applied for or a TIN is not required. If a TIN is not required, indicate whether (i) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; (ii) Offeror is an agency or instrumentality of a state or local government; (iii) Offeror is an agency or instrumentality of a foreign government; or (iv) Offeror is an agency or instrumentality of the Federal Government. [022A140-1] VENDOR REGISTRATION MANDATORY (JAN 2006) You must have a state vendor number to be eligible to submit an offer. To obtain a state vendor number, visit www.procurement.sc.gov and select New Vendor Registration. (To determine if your business is already registered, go to "Vendor Search"). Upon registration, you will be assigned a state vendor number. Vendors must keep their vendor information current. If you are already registered, you can update your information by selecting Change Vendor Registration. (Please note that vendor registration does not substitute for any obligation to register with the S.C. Secretary of State or S.C. Department of Revenue. You can register with the agencies at http://www.scbos.com/default.htm [02-2A145-1] WITHDRAWAL OR CORRECTION OF OFFER (JAN 2004) Offers may be withdrawn by written notice received at any time before the exact time set for opening. If the Solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for opening. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for opening, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid. The withdrawal and correction of Offers is governed by S.C. Code Section 11-35-1520 and Regulation 19-445.2085. [02-2A150-1]
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II. INSTRUCTIONS TO OFFERORS -- B. SPECIAL INSTRUCTIONS CONTENTS OF OFFER (RFP) -- ITMO
(a) Offers should be complete and carefully worded and should convey all of the information requested. (b) Offers should be prepared simply and economically, providing a straightforward, concise description of offeror's capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content. (c) The contents of your offer must be divided into two parts, the technical proposal and the business/cost proposal. Each part should be bound in a single volume. (d) If your offer includes any comment over and above the specific information requested in the solicitation, you are to include this information as a separate appendix to your offer. Offers which include either modifications to any of the solicitation's contractual requirements or an offeror's standard terms and conditions may be deemed non-responsive and not considered for award. The offeror must provide written, point by point narrative responses to each proposal requirement. Each response shall clearly indicate whether the Offeror’s proposal meets or exceeds the requirements of the RFP. Offerors shall explain in detail, the method used to meet each requirement. It is very important to state the RFP requirement and then respond below it. The Offeror shall not include any price information in the Technical Proposal. Supplemental technical information, product literature and other supporting materials that further explain or demonstrate the proposed system capabilities may also be included within the proposal response. If the proposal does not follow the RFP requirements point by point it may be deemed non-responsive. CLARIFICATION (NOV 2007) Pursuant to Section 11-35-1520(8), the Procurement Officer may elect to communicate with you after opening for the purpose of clarifying either your offer or the requirements of the solicitation. Such communications may be conducted only with offerors who have submitted an offer which obviously conforms in all material aspects to the solicitation. Clarification of an offer must be documented in writing and included with the offer. Clarifications may not be used to revise an offer or the solicitation. [Section 1135-1520(8); R.19-445.2080] [02-2B055-1] DISCUSSIONS & NEGOTIATIONS (NOV 2007) Submit your best terms from a cost or price and from a technical standpoint. Your proposal may be evaluated and your offer accepted without any discussions, negotiations, or prior notice. Ordinarily, nonresponsive proposals will be rejected outright. Nevertheless, the State may elect to conduct discussions, including the possibility of limited proposal revisions, but only for those proposals reasonably susceptible of being selected for award. If improper revisions are submitted, the State may elect to consider only your unrevised initial proposal. [11-35-1530(6); R.19-445.2095(I)] The State may also elect to conduct negotiations, beginning with the highest ranked offeror, or seek best and final offers, as provided in Section 11-35-1530(8). If negotiations are conducted, the State may elect to disregard the negotiations and accept your original proposal . LIVE DEMONSTRATION REQUIREMENTS Offerors meeting the minimum requirements of this RFP may be required to give a live demonstration of their proposal to clarify or verify the contents and the representations made therein. The presentation will be made ‘in person’ at Department of Education Office, Columbia, South Carolina, and any travel expenses incurred by the Offeror are the sole responsibility of the Offeror. The time allotted per individual Offeror shall not exceed two (2) hours. Tentative dates for demonstrations are 6-8 Nov 2013. Please reserve these days. ITMO will notify Offerors as quickly as possible to schedule specific dates and times if so determined to proceed to demonstrations. The activities of the Offeror must be limited to a live demonstration of the system described in the Offeror’s written proposal. Evaluators may ask questions pertaining to the Offeror’s demonstration. The Offeror’s answers are restricted to statements of facts. Offerors will not be allowed or permitted to introduce new information. Negotiation is not permitted at this stage in the procurement process and an Offeror may not change its proposal. The Offeror may be required to document an answer if such a written clarification is determined to be in the best interest of the State. The live demonstration should be conducted in a straightforward manner in order to secure a clear and meaningful understanding of the Offeror’s proposed system. The live demonstration is designed to satisfy the evaluation panel's need for clarification and understanding of the information that was provided in the Offeror's written proposal. Therefore, the Offeror may neither ask questions nor receive preliminary assessments on its proposal from the members of the panel. Participants at the live demonstration session must include key members of the Offeror’s proposed account management team. Page 16
ON-LINE BIDDING INSTRUCTIONS (NOV 2007) (a) Mandatory Registration: For on-line bidding, you must register before you can submit an offer! See instructions in clause entitled "VENDOR REGISTRATION MANDATORY". (b) Steps for On-Line Bidding: #1 The link provided on the solicitation's Cover Page will take you to our web based on-line bidding system, where you will enter and/or upload your offer. #2 Follow the general user instructions posted at www.procurement.sc.gov under the heading "Submitting Offers On-Line". [02-2B105-1] OPENING PROPOSALS – PRICES NOT DIVULGED (JAN 2006)
In competitive sealed proposals, prices will not be divulged at opening. [§ 11-35-1530 & R. 19-445.2095(c) (1)] PROTEST - CPO - ITMO ADDRESS (JUNE 2006) Any protest must be addressed to the Chief Procurement Officer, Information Technology Management Office, and submitted in writing (a) by email to
[email protected] , (b) by facsimile at 803-737-0102 , or (c) by post or delivery to 1201 Main Street, Suite 601, Columbia, SC 29201. [02-2B120-1]
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SAP
III. SCOPE OF WORK/SPECIFICATIONS
SCOPE OF SOLICITATION South Carolina Department of Education (SCDE) is seeking a technology solution to host Cloud-Based video content through progressive downloads, stream live video, and provide a turnkey solution to on-demand video services. Solution will also need to include implementation, training, and continued service and support. Objectives: The objective of this project is to allow the SCDE to distribute multimedia content to parents, students, and school officials statewide quickly and easily through web-based portals and interactive multimedia based online courses through the Office of Virtual Education. Needs: The need of this project is to provide a user-friendly, demand-driven cloud-based multimedia delivery system. The Offeror must host and operate the System. All necessary server and related equipment shall be located in data centers provided/hosted through the Offeror. Background The cloud-based enterprise level video and multimedia platform will assist the Office of Virtual Education with deploying rich-media courses, professional development, and public videos to support educational initiatives with the South Carolina Department of Education. Since the multimedia platform must host related content for online courses, the solution must have a full integration with Moodle via a MoodleRoooms approved plugin to ensure seamless video content via the MoodleRooms Joule Learning Management System (LMS), so that the user never leaves Moodle to view the multimediabased content. The solution must also include video analytics and reporting services to show statistics for each video ondemand for SCDE staff. Vision/Goals The new system shall be able to stream many types of multimedia content through a secure portal, a public portal, and through an LMS by using a MoodleRooms approved plugin for course multimedia. Additionally, the system must be able to handle live streaming, as well as video formats that are device agnostic, audio, and PowerPoint presentations for use in courses and in the public/private portal. Finally, additional documents and resources may need to be associated with each multimedia resource for use in the public and private portal to ensure that viewers have all of the appropriate information. Office of Virtual Education anticipates full implementation of the System by January 2014. The Web-based software program project will include the analysis, documentation, development, configuration of the test and production of the technical environment, testing, training, and implementation of the System and post-implementation review. Historical Data Since this is a new system there is little historical data; however, it can be assumed that just on virtual school numbers DOE highest peak times will be during the summer months since this is the highest enrollments for the virtual school program. Last year the program served just over 12,000 students with over half (approximately 6,500) served during the summer months. The fall is the slowest time period, winter spikes a little, but the summer months experience exponential growth. SCOPE OF WORK/SPECIFICATIONS
The selected vendor must have professionally trained staff that has 24 hour availability to assist with technical issues, maintenance, upgrades and support with no disruption on the system. This provider must provide optimal performance and include all services and technical specifications listed below: 1. Content Delivery Network (CDN): a)
Scalable, extensible platform that offers tools and services that stream both live and stored video content state-wide and nationally over both the internal and/or external networks. b) Software-as-a-Service (SaaS), cloud-based offering. SCDE is on a CISCO/DELL/EMC/Microsoft/VNWARE platform. c) Scaled pricing based on GB storage and GB bandwidth/downloads. d) Phone and email support for all support issues for the administrative end-users. Vendor must provide a detailed service level agreement (SLA). Vendor must provide on demand, web-based reports to SCDE CIO on support statistics to include total resolved, total open and total issues pending a fix. e) High speed video streaming capabilities with a trusted Content Delivery Network (CDN). Page 18
Video system must detect and display video appropriate for the end user’s device (device agnostic), browser, and connectivity. Video must have the ability to be appropriately displayed in any mobile device (tablet, phone). g) Load-balanced and redundant infrastructure architected according to security best practices. h) Experienced support staff to resolve issues within 24 hours or less. Vendor must provide monthly reports to SCDE CIO on performance statistics to include total resolved, total open, and total issues pending a fix. i) Server maintenance and unlimited server hardware support to include server hardware and security monitoring 24 hours per day. Vendor must provide patching, anti-virus, data encryption, data in transit encryption and shall provide monthly vulnerability reports to SCDE’s CIO security team. Vendor must notify SCDE immediately upon notification or detection of an intrusion to the environment. j) Scalable system that can be easily increased to adjust for program growth. Solution platform should be fully scalable to meet the needs of 1,000 to 10,000 concurrent users. The vendor shall provide architectural plans of the network and server systems to include growth model examples. k) 99.995% uptime guarantee for reliability. f)
2. Web-Based Portals/Integrations A. SCDE branded public video portal that allows video sharing and embedding capabilities that must meet the following requirements: 1. Store video, audio, and other related content. 2. Allow keyword, category, channel, creator, date and highest rated/viewed searches. 3. Provide analytics dashboard with drill down that can be customized and exported with video analytics and usage statistics. 4. Video content must be publicly available without the need for users to login. 5. Videos should have sharing capabilities and be completely embeddable into websites. 6. The ability to share related documents with each video resource to include PDF documents, PowerPoint, Word Documents, and other resources that are used in conjunction with each video resource. 7. The ability for users and colleagues to share and recommend multimedia resources to meet their professional needs and goals. 8. The solution should have the ability to include transcripts as needed. 9. Video system must detect and display video appropriate for the end-user’s device (device agnostic), browser, and connectivity. 10. Ability to have multiple brands based on the channel or category that is displayed (i.e. – CIO, Office of Virtual Education, etc). 11. Completely mobile ready system that must display content appropriately on mobile devices regardless of platform. 12. Ability to publicly display live streamed events with embeddable video players, so that the videos can be used in multiple sites, if necessary. 13. Multimedia posted in the platform must be approved by SCDE staff prior to multimedia resource being posted to the portal, so the portal must have a channel or category approver role to ensure videos meet agency policies and goals. 14. Web-based administrator console with web-based editing capabilities for SCDE employees to edit video to be posted in the public portal. 15. Web-based administrator console that allows video upload with a bulk upload tool for easy upload of many videos quickly. 16. Section 508 compliance required. B. A secured private video portal that requires end users to login to view multimedia content. The secure video and varied multimedia content portal must meet the following requirements: 1. Store video, audio, and other related content securely requiring a login. 2. Allow keyword, category, channel, creator, date, highest rated and viewed searches. 3. Provide analytics dashboard with drill down that can be customized and exported with video analytics and usage statistics. 4. Web-based administrator console with web-based editing capabilities for SCDE employees to edit video to be posted in the secured private portal. 5. Web-based administrator console that allows video upload with a bulk upload tool for easy upload of many videos quickly. 6. Videos must have sharing capabilities and be completely embeddable into websites. Page 19
7. The ability to share related documents with each video resource to include PDF documents, PowerPoint, Word Documents, and other resources that are used in conjunction with each video resource. 8. The ability for users to and colleagues to share and recommend multimedia resources to meet their professional needs and goals. 9. The solution must have the ability to include transcripts as needed. 10. Video system must detect and display video appropriate for the end-user’s device (device agnostic), browser, and connectivity. 11. Ability to have multiple brands based on the channel or category that is displayed (i.e. – CIO, Office of Virtual Education, etc). 12. Completely mobile ready system that must display content appropriately on mobile devices regardless of platform. C. Moodle 2.X plugin that is browser agnostic that is an approved MoodleRooms plugin to ensure proper connection to the MoodleRooms Joule framework. The MoodleRooms approved plugin must include the following requirements: 1. Ability for course instructors to seamlessly post videos, photos, or audio files directly within Moodle that are contained in the cloud-based multimedia platform. 2. A seamless tool that allows instructors to create a video or audio assignment for students, so that students can collaborate, record from a webcam or other video device (flip cam, cell phone, etc) and instantly upload for review in Moodle and inclusion in the Moodle gradebook. 3. Analytics for multimedia resources viewed in Moodle, so that the instructor will know what resources have been utilized by which student. 4. Completely browser and device agnostic to ensure all students can view the resources. 5. Ability for instructors to create screen capture videos with audio narration directly from within the MoodleRooms Joule installation. 6. The ability to create live events from within Moodle, so that students can see a live presentation from the course instructor completely embedded into Moodle. 7. Single sign on capabilities within Moodle, so that the teacher and students do not need to sign into an external platform. 4. Annual Maintenance and Support The following services must be included, but not limited to, in the Annual Maintenance and Support: a) Unlimited phone support b) Corrections of all anomalies reported to the Offeror. Anomalies can be reported either by calling Offeror’s offices during regular business hours or by emailing to a designated email address for maintenance purposes. c) Remote Support – Offeror will provide support via the Internet by connecting directly to the server to provide an efficient method of providing any service-related support issue. d) Server Support – Offeror will provide technical assistance for the Web and Database Server. e) Version Control – Offeror will maintain on their servers a replica of your installation. In the event that SCDE has a systems crash or a loss of files, Offeror will be able to quickly reinstall the system following the crash. This includes restoration of data that may have been lost with a system crash. f) There are no functional or technical requirement items that are excluded from the maintenance plan. g) Cost structure for a one (1) year contract with the option of four (4) renewal periods. 5. The Offeror shall also be responsible for all of the following: a) Project Management Responsibilities (e.g., Scheduling, Status Reports, Risk Management, Requirements Collection/Analysis, and Quality Management). b) Training (“Train the Trainer”, online components). c) Product Enhancements (SCDE-specific enhancements required by RFP or by State/Federal regulations, including system testing). d) Equipment, Software, Operations and Administration, including: 1. Server/Storage Equipment (including recurring equipment and Offeror maintenance/warranty costs). 2. System-specific Network Equipment (network switches, load-balancers, firewalls serving the System, including recurring Offeror maintenance/warranty costs). Page 20
3. Offeror Software Licensing (includes use of application software, user documentation, and technical documentation). 4. Third-Party Software Licensing (includes Operating System (OS), DBMS, utilities, etc.). 5. Offeror Software Maintenance (updates and patches released to all customers). 6. Third-Party Software Maintenance (updates and patches released to all customers). 7. Server/Storage Equipment Operations (monitoring, repairs [direct or management of warranty work], firmware updates, etc.). 8. System-specific Network Equipment Operations (monitoring, configuration changes, repairs [direct or management of warranty work], firmware updates, etc.). 9. Server Operating System Operations/Administration (OS installations/reinstallations, OS health monitoring, OS performance/capacity monitoring, OS patching, OS antivirus monitoring/updates, OS security administration). 10. Software Operations/Administration – for both Offeror product and third-party products (installation/reinstallation, update/upgrade/patch installation, health monitoring, performance/capacity monitoring, configuration, maintenance tasks, backups, disaster recovery activities). 11. Enhances the SCDE Environment – When new problems or enhancements are approved to be implemented onto the production system, Offeror is responsible for installing the upgrades as part of the pre-existing enhancements and/or problem ticket process. e) Offeror Application Technical Support (access for SCDE staff to the Offeror’s help desk and any other necessary support to resolve technical/application issues affecting users). 6. The Offeror shall also be responsible for the following: a) Equipment hosting (provision of a data center including space, cooling, power, etc.). b) Internet Connection (WAN equipment, bandwidth between system hosts and the Internet). c) Network diagram of the proposed solution that will be utilized by SCDE. Please note shared resources. 7. Hosting Details: The following will be required for platform hosting. The offeror must provide detail for each line item: a) b) c) d) e) f)
Access to the application through a T1 bandwidth connection or greater. Firewall protection of the data. Use of RAID, or equivalent, to protect data redundancy. Regular backup to the system. 24/7 accessibility of database backups. 99.995% availability service level. Show financial compensation for not meeting this on a monthly basis, with increasing financial penalties. g) Server hardware and software support. h) A secure facility responsible for controlling and monitoring data center access. i) Service Level Agreement for help desk tickets with priority. 8. Basic System Requirements The System must address several basic requirements. These requirements include Offeror support and security concerns that shall be available with the System. The System requirements reflect the basic design of the System and the Offeror’s ability to support the System. 9. Basic Technology Requirements The offeror must address the following basic technology requirements: a. System Design 1. Provide a Web-based system with a centralized enterprise database, without the need to install client software. 2. Demonstrate an application architecture and design consistent with current industry best practices. The database shall be scalable, hardware independent and support cross platform application operations. 3. Communicate via TCP/IP. 4. Provide functionality to work with a MoodleRooms approved plugin, have a publicly branded portal, a private portal, the ability to host additional resources with each piece of multimedia, and be scalable enough to handle a large amount of traffic. Page 21
b. System Support 1. Provide a software release process that furnishes scheduled updates. 2. Provide sufficient training to SCDE personnel so that support can be provided to stakeholders on the features and functionality of the System. 3. Provide a means to report system outages, critical system issues, etc. to the Offeror’s technical team on a 24/7 basis. The Offeror shall continue to provide end user support for passwords and setup of new user accounts. 4. Provide software quality guarantees on the length of time to incorporate “bug” fixes into system patches or future version releases. c. Accessibility 1. The System must be accessible using all the major browsers (i.e., Internet Explorer, Firefox, Safari and Chrome). 2. Any browser plug-ins/add-ons must be readily available to all users and install using standard browser mechanisms. 3. The System must meet Section 508 standards for accessibility to users with disabilities. 4. Given the diverse user population, and since many functions will only be used periodically, usability (i.e., ease and efficiency of use) is essential. d. Security 1. The System shall support aggregating permissions/rights into security groups or roles. 2. The System shall provide/support these basic security features: A. Session timeout (automatic logout after a defined period of inactivity). B. The System shall provide user messages before the user is automatically logged off to allow them to save their data or continue their data entry. C. Password hashing using a one-way algorithm such as SHA-2. 3. The System shall only be accessible through a secure (https://) Web portal. SSL encryption level should be a minimum of 128 bit. 4. The Offeror shall be responsible for obtaining and maintaining current security certificates. 5. The Offeror must provide date and outcomes of last third party security audit/penetration test. e.Documentation The following documentation and help files shall be part of the initial system delivery and implementation: 1. Functional specifications 2. Technical specifications 3. User guide 4. Online help f. Format and Design 1. The Offeror shall provide a system and accompanying reports with a consistent style for end users. This shall include consistent use of fonts and font sizes wherever practical. 2. System reports shall be free of grammatical, typographical and formatting errors. If errors are discovered, these shall be corrected in a timely manner. g. Offeror Support The offeror must address the following support requirements: 1. End User Support System security, including lost or forgotten passwords, is supported by the Offeror. A help desk shall be established after the System implementation and serve as the first point of contact for password reset (can be selfservice) and system questions. The Offeror shall provide the following: A. This System must include effective documentation, online help and other user-directed support and training mechanisms. B. The project and succeeding system must provide effective and adequate training to stakeholders.
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h. Implementation Management Activities The Offeror shall appropriately staff the project for the duration of the contract so as to meet the quality expectations and functionality as described in this RFP. 1. Project Team: The Offeror shall assign a single point of contact for this program to manage all inquiries related to the System. Subofferors used to perform services for the Offeror under this contract must provide SCDE information pertaining to personnel and agree to the terms of this section. A. Lead members of the Offeror’s project team must be current members of the Offeror’s regular organizational staff with experience within the company in multimedia hosting and implementation activities. Team members must have, at a minimum, technical experience, knowledge, and operational experience in the following areas: 1. Managing or coordinating the development and implementation of large scale a. cloud-based multimedia system. 2. Communicating effectively both orally and in writing. 3. Managing large scale data integration systems. B. The Offeror shall provide a personnel roster and resumes of project team members who shall be assigned to perform duties or services under this Contract. C. The Offeror shall not remove or reassign key personnel (including Program Manager, Project Manager, Project Coordinator, Software Project Manager, Lead Software Developer, and other personnel in Lead or Director level positions) without prior written approval from SCDE. D. The Offeror shall provide qualified replacements in the event that key personnel become unavailable to provide services due to resignation, illness, or other factors outside of the Offeror’s control. The Offeror shall provide the SCDE with written notice immediately upon determination of the need for replacement personnel. The Offeror shall provide SCDE with written notification and the résumé or vitae of all personnel proposed for the project team for review and written approval, for which approval shall not be unreasonably withheld. 2. Continuity of Contracts: The Offeror shall maintain the established project team, especially the Project Coordinator and other key lead personnel, through the end of implementation, including completion and delivery of all services and deliverables, to work with SCDE to ensure a smooth and seamless transition. 3.Pilot Testing: The Offeror shall develop a pilot system with all requested functionality and features for user acceptance testing prior to full implementation. The Offeror shall provide the necessary access and support for OT and a select number of stakeholders to assist with user acceptance testing. Any software bugs shall be reported to the Offeror for tracking and resolution. i . Operations Management 1 Support and Management Activities: The Offeror shall provide the appropriate support and management following implementation to ensure high availability of the system and training. A. The Offeror shall provide a monthly set of metrics on the system performance, noting any problems and formulating a written corrective action to address those issues. B. For any planned system outages, the Offeror shall coordinate this with SCDE, OIT, and other affected parties. The planning shall include appropriate notification to with the estimated timeline of system unavailability. With any unplanned system outages the Offeror shall coordinate their activities with SCDE to determine the root cause and direct efforts to return the system to full operational capacity. C. Under the direction of SCDE, the Offeror shall coordinate their activities and accommodate reasonable requests to make their data available to other vendors and agencies that may request access. D. The Offeror shall provide SCDE on a monthly bases or as requested with a list of open support tickets related to software “bugs” and enhancement requests that shall include, but is not limited to: priority, description, current status (requirements gathering, development, testing, etc.), and projected release date. Page 23
2. New Software Releases: New software versions must not be released to end users until tested and approved by SCDE. The Offeror shall provide the proposed software release to SCDE for acceptance/regression testing. The Offeror shall support such testing as required by SCDE. Release notes shall be produced by the Offeror and reviewed by SCDE for utilization in user acceptance testing. 3. Data Access: SCDE shall have access to the data tables for data queries, and the Offeror shall provide any assistance necessary to provide that access. At the end of contractual agreement, Offeror shall provide all data and activity history in a mutually agreed upon readable format. In addition, all multimedia content stored on the system must be provided to SCDE on an external hard drive. J. Operational Processes The offeror must: 1. Planned Enhancements: Provide a list and describe any enhancement(s) or version releases planned for the next twenty-four (24) months and the anticipated release date of any such enhancement(s). 2. Customer Product Suggestions: Describe any mechanisms by which customers will be able to make recommendations for changes to the system based on user needs. Describe how suggested product enhancements are implemented into the Offeror’s system, how requirements are gathered, use of any prototypes, and involvement of users in user acceptance testing. 3. Product Customization: Explain how you will allow for quick, inexpensive customization of the system to provide SCDE and the users with necessary enhancements and reports in the time frame required. Provide pricing structure for customizations, by the hour and by blocks of 20 hours. 4. Load Testing: Describe the process used for load testing and for assessing and addressing infrastructure capacity requirements, including processor, disk space, software, and network and client system implications. 5. Pilot Testing: Describe the approach that will be used to pilot test the solution, based on the needs of stakeholders and implementation plan approved by SCDE. 6. System Testing: Describe the approach to patch management, unit testing, regression testing, integration testing, system testing, quality assurance testing of the initial application, major enhancements, and minor application modifications or corrections. 7. Acceptance Testing: Describe the approach that will be used for acceptance testing and user signoff. In the response clearly delineate the expected responsibilities of the Offeror and that of the Office of Virtual Education. Provide a list of criteria for final acceptance of the product by SCDE. 8. Software Assurance: Provide the approach that will be used for fixing system “bugs” identified by the users, Offeror staff or third-party staff. This includes (but is not limited to): a) How a support ticket is initiated with the Offeror. b) How corrections are categorized. c) How the Offeror will prioritize fixes. 9. Service Level Agreements for fixes based on priority assigned. a) How the fixes will be tested. b) How the fixes are incorporated into software versions or releases. c) What releases notes are provided that describe the “bug” issue and its associated fix. d) How the end users will be notified on the issue, its impact, and an estimated time for correcting the issue, as per submitted Service Level Agreements. 10. System Documentation: Describe the availability of system documentation, whether it is accessible electronically, contains full text search functionality, or provides online context sensitive help screens, system technical and program documentation, an operations guide, a user’s manual, or database layouts and a data dictionary. 11. Prompted Query Interface: a. Describe any prompted query interface available for end users to produce ad hoc query reports. b. Describe the ability to export results in a variety of standard file formats (i.e., xls, csv, xml, txt, pdf, rtf, etc.). c. Describe your system’s ability to save the ad hoc report design for later use by the end user. 12. Operational Change Management: Describe methods you would use to communicate planned and unplanned outages and system changes to end users and other stakeholders. 13. Business Continuity: Describe the Offeror’s approach to ensuring system availability to SCDE in the event of the Offeror’s dissolution (bankruptcy, etc.). Include a detailed description of measures to ensure system Page 24
availability and signed documentation with any contracted Offerors that agree to host the system upon the Offeror’s dissolution. 14. Disaster Recovery: Provide existing documentation on your Disaster Recovery process, complete with testing and Business Continuity Process as it relates to technical and business processes. Provide documentation on last test and results. 10. Core Technology Requirements: The offeror must: A. System Refresh Rate: Describe the Offeror's policy for updating system software and related technologies and making updates available to customers. B. Browser Compatibility: Describe the Offeror testing procedures to ensure the system functions across a broad range of common browsers. C. Internet Connectivity and Network Capacity: Describe the bandwidth required, per concurrent user, to deliver acceptable end user response time. In addition, describe any capabilities the system provides to manage bandwidth usage. D. Plug-Ins: 1. Describe any necessary plug-ins. 2. Describe how these plug-ins are made available to end users. 3. Provide evidence of this functionality through current abilities and available alternatives. E. Backup and Recovery: 1. Describe the archiving and back-up capabilities, processes, and options (e.g., incremental, etc.) available from your company for this system. 2. Describe the potential recovery/restoration capabilities of the system. a. Within this response, describe how a single user record can be restored independently. b. Provide examples of recoverable problems and times to recover based on partial and full system restores. 3. Describe a limit to the number of back-ups that can be maintained or the time span that they may cover. F. Security: 1. Describe the nature, results, and related follow-up activities of any security assessments/penetration tests performed on your system. 2. Describe how you incorporate security concerns into your development process. 3. Describe how your system supports aggregating permissions/rights into security groups or roles. 4. Describe how your system provides support for these security features: a. Session timeout (automatic logout after a defined period of inactivity). b. Secure Socket Layer. c. Password hashing using a one-way algorithm such as SHA-2. d. System lock-out after three consecutive failed login attempts. 5. Describe the approach to security the Offeror will take with this system and how the implemented security measures will maintain privacy as well as other industry standards. 6. Describe how security will be implemented within the system for access control. a. Address the levels of security. b. Types of access permitted. c. Who controls security. d. How security interacts with LAN and WAN security elements and data sharing transactions. G. Incremental Development: Describe any experience with incremental software development whereby incremental versions have been produced on a regular cycle to be reviewed by the customer during the software development process. H. ADA/Section 508: Describe how your company accomplishes and verifies ADA/Section 508 compliance. I. Performance: Page 25
1. Describe your approach to build and verify a system that handles high levels of utilization. 2. Provide any available metrics of the utilization level your system can handle. 3. Describe the instrumentation/monitoring capabilities available in your system for diagnostic and performance analysis use. J.
System Availability: The system shall be available and fully functional 99.995% of the time. Offeror will not be held responsible for any lapses in system availability that are caused by common carriers or any other causes which are beyond the Offerers reasonable control. 1. Describe the availability of your systems and any prior experience in assuring high availability, with specific examples. 2. Describe the processes and systems you have in place to ensure high availability. 3. Describe your disaster recovery process, including tasks that you perform and tasks that SCDE or district staff would perform along with your timeline for recovery.
K. Systems Integration: Describe your system’s ability to integrate with other database and business intelligence applications using industry standards. 11. Training Requirements The Offeror shall provide training and other help documentation and support, to include but not limited to, the following: A. Context-sensitive online documentation with customized assistance for platform specific screens, forms and policies designed with input from the platform. B. Availability of a help desk to request technical assistance and submit support tickets. C. Compilation of manuals and other end user support documentation tailored to the platform. D. Provide one one (1) day on-site training in Columbia, SC for the end users identified by Office of Virtual Education. E. Provide availability of a webinar to conduct additional training. 12. License Agreements: The agreements shall contain a provision for maintaining the most current version of the software in escrow in the event the Offeror is unable to continue the business for financial or other business reasons. 13. Identity Theft Prevention and Reporting Requirements: In the delivery and/or provision of information technology hardware, software, systems, and/or services through a contract established as a result of this solicitation, the Offeror shall prevent unauthorized access to “Identity Information” of South Carolina citizens, clients, constituents, and employees. “Identity Information” includes, but is not limited to, an individual’s first name or initial and last name in combination with any of the following information: A. B. C. D. E. F. G.
Full Name. Date of Birth. Address. Social Security Number. System Access IDs and associated passwords. Account Information (such account number(s), credit/debit number(s), and/or passwords and/or security codes). Federal Employee Identification Number.
For even a single knowing violation of these Identity Theft Prevention and Reporting Requirements, the Offeror agrees that SCDE may terminate for default the contract(s) and may withhold payment(s) owed to the Offeror in an amount sufficient to pay the cost of notifying customers of unauthorized access or security breaches. 14. The offeror must: A. Describe the service level provided in terms of daily/weekly hours of planned system availability, maximum percentage of unplanned downtime, and recovery time frames. B. Describe the security aspects of your operational standards (e.g., operating system patching, anti-virus software, system hardening, and security monitoring). C. Describe the reliability and physical security capabilities of the data center that you would provide. Page 26
15. The offeror must submit copies of any independent reviews of similar software your company has produced with your comments, if necessary. Privacy, Confidentiality and Ownership of Information: SCDE is the designated owner of all data and shall approve all access to that data. The Offeror shall not have ownership of SCDE data at any time. The Offeror shall be in compliance with privacy policies established by governmental agencies or by State or federal law. Privacy policy statements may be developed and amended from time to time by SCDE. The Offeror shall provide sufficient security to protect SCDE data in network transit, storage, and cache.
Data Privacy: The selected Offeror must adhere to the Family Education Rights and Privacy Act (FERPA), Federal and State laws relating to student privacy records. Data Transfer: The Offeror shall be responsible for partnering with SCDE to complete the interface, conversion and migration of data required for populating the Offeror’s system. As with interfaces, the Offeror will define the vehicle for system loading and the required data format. In the event of a contract termination/cancellation/expiration the Offeror ceases to do business (whether by bankruptcy, insolvency, merger, sale, assignment of assets, or any other reason), the Offeror shall be responsible for providing assistance in the transfer of any SCDE data residing on the Offeror’s systems to the newly selected Offeror. Assistance to the newly selected Offeror shall include, but is not limited to, providing the data, database schema, data dictionary, and other related documentation and files for a successful data migration. Accessibility: Offeror hereby warrants that the products or services to be provided under this Contract comply with the accessibility requirements of Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1194. Offeror further warrants that the products or services to be provided under this Contract comply with existing federal standards established under Section 255 of the Federal Telecommunications Act of 1996 (47 U.S.C. § 255) and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1193, to the extent the Offeror's products or services may be covered by that act. Offeror agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services which is brought to its attention.
Civil Rights Statement: In accordance with Federal law, SCDE is prohibited from discriminating on the basis of race, color, national origin, sex, age or disability. SCDE affirms that it is an equal opportunity and affirmative action employer and shall comply with all applicable Federal, State and local laws. Procurement: The Offeror must follow all applicable Federal procurement regulations as described in 7 CFR Parts 3016 and 3019 and all applicable State procurement laws and regulations.
Cost of Preparing Proposal: Costs for developing the proposals are solely the responsibility of the Offerors. SCDE Property: The Offeror shall be responsible the performance of this contract. The Offeror shall reimburse SCDE for any lost or damaged SCDE property, normal wear and tear excepted. Confidential Information: The Offeror shall comply with the provisions of the Privacy Act of 1974 and instruct its employees to use the same degree of care as it uses with its own data to keep confidential information concerning client data, the business of SCDE, its financial affairs, its relations with its citizens and its employees, as well as any other information which may be specifically classified as confidential by SCDE in writing to the Offeror. All Federal and State Regulations and Statutes related to confidentiality shall be applicable to the Offeror. DELIVERY/PERFORMANCE LOCATION -- SPECIFIED (JAN 2006) After award, all deliveries shall be made and all services provided to the following address, unless otherwise specified: SC Department of Education, Office of Virtual Education, 1401 Senate St, Columbia, SC 29201. [03-3030-1]
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IV. INFORMATION FOR OFFERORS TO SUBMIT INFORMATION FOR OFFERORS TO SUBMIT -EVALUATION In addition to information requested elsewhere in this solicitation, offerors must submit the following information for purposes of evaluation: A. SUBMITTAL LETTER Offeror’s proposal should be accompanied by a Submittal Letter clearly identifying the following information and be signed by an individual authorized to sign contracts on behalf of the Offeror. 1. 2.
The individual who is the signatory to contracts and who is responsible for the delivery of contract services. The email address to send all notices relative to a contract and the name of the individual to who notices should be addressed.
B. TECHNICAL APPROACH 1.
Offeror’s detailed explanation regarding how the scope of work will be performed and all specifications met.
2.
The Offeror must cross reference its Technical proposal with each requirement listed in Section III, Scope of Work/Specifications of this RFP. In addition, the Offeror must provide a point-by-point response to each of the requirements in Section III Scope of Work/Specifications. Offerors must state they understand each requirement and agree to provide the requirement.
3.
The Technical Approach shall not include any price/cost information. The Price/cost information is to be submitted separately labeled Price Proposal.
Offeror must complete the following certified statement and submit with Technical Proposal: I, ___________________________________, representing ____________________________, (Print name)
(Company name)
certify that the diskettes/CDs/USBs submitted have been properly scanned for infected viruses. The virus software and version used was __________________________________________.
C. PRICE PROPOSAL The offeror must submit their price proposal as a separate document. The pricing identified on the bidding schedule and submitted on line will be for 'Software application"; Services, and Annual Maintenance for year one. Offerors must provide a complete comprehensive breakdown of all pricing provided in the on line submittal. Offerors must also provide an annual price for maintenance for up to four (4) additional one (1) year periods. (Bid Items 2-5) The total price for bid items 1-5 will be used to evaluate the price proposal. The breakdown of price and bid items 1-5 must total the same. INFORMATION FOR OFFERORS TO SUBMIT -- GENERAL (JAN 2006) Offeror shall submit a signed Cover Page and Page Two. Offeror should submit all other information and documents requested in this part and in parts II.B. Special Instructions; III. Scope of Work; V. Qualifications; VIII. Bidding Schedule/Price Proposal; and any appropriate attachments addressed in section IX. Attachments to Solicitations. [04-4010-1] MINORITY PARTICIPATION (JAN 2006) Is the bidder a South Carolina Certified Minority Business? [ ] Yes
[ ] No
Is the bidder a Minority Business certified by another governmental entity? [ ] Yes
[ ] No
If so, please list the certifying governmental entity: _________________________ Will any of the work under this contract be performed by a SC certified Minority Business as a subcontractor? [ ] Yes Page 28
[ ] No
If so, what percentage of the total value of the contract will be performed by a SC certified Minority Business as a subcontractor? _____________ Will any of the work under this contract be performed by a minority business certified by another governmental entity as a subcontractor? [ ] Yes [ ] No If so, what percentage of the total value of the contract will be performed by a minority business certified by another governmental entity as a subcontractor? _____________ If a certified Minority Business is participating in this contract, please indicate all categories for which the Business is certified: [ [ [ [ [ [ [ [ [
] ] ] ] ] ] ] ] ]
Traditional minority Traditional minority, but female Women (Caucasian females) Hispanic minorities DOT referral (Traditional minority) DOT referral (Caucasian female) Temporary certification SBA 8 (a) certification referral Other minorities (Native American, Asian, etc.)
(If more than one minority contractor will be utilized in the performance of this contract, please provide the information above for each minority business.) For a list of certified minority firms, please consult the Minority Business Directory, which is available at the following URL:http://www.govoepp.state.sc.us/osmba/ [04-4015-1] SUBMITTING REDACTED OFFERS (FEB 2007) You are required to mark the original copy of your offer to identify any information that is exempt from public disclosure. You must do so in accordance with the clause entitled "Submitting Confidential Information." In addition, you must also submit one complete copy of your offer from which you have removed any information that you marked as exempt, i.e., a redacted copy. The information redacted should mirror in every detail the information marked as exempt from public disclosure. The redacted copy should (i) reflect the same pagination as the original, (ii) show the empty space from which information was redacted, and (iii) be submitted on magnetic media. (See clause entitled "Magnetic Media Required Format.") Except for the redacted information, the CD must be identical to the original hard copy. Portable Document Format (.pdf) is preferred. [04-4030-1]
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V. QUALIFICATIONS QUALIFICATION OF OFFEROR (JAN 2006) To be eligible for award of a contract, a prospective contractor must be responsible. In evaluating an Offeror's responsibility, the State Standards of Responsibility [R.19-445.2125] and information from any other source may be considered. An Offeror must, upon request of the State, furnish satisfactory evidence of its ability to meet all contractual requirements. Unreasonable failure to supply information promptly in connection with a responsibility inquiry may be grounds for determining that you are ineligible to receive an award. S.C. Code Section 11-35-1810. [05-5005-1] QUALIFICATIONS -- REQUIRED INFORMATION In order to evaluate your responsibility, offeror shall submit the following information or documentation for the offeror and any subcontractor, if the value of subcontractor's portion of the work exceeds 10% of your price (if in doubt, provide the information): (a) Offeror must complete and submit with their response Reference C with Contact information of three (3) recent, comparable contracts to include: Point of Contact name, company, address, phone number, email address, and description of contractual services rendered (b) Your most current financial statement (audit preferred), financial statements for your last two fiscal years, and information reflecting your current financial position. If you have audited financial statements meeting these requirements, you must provide those statements. [Reference Statement of Concepts No. 5 (FASB, December, 1984)] (c) List of failed projects, suspensions, debarments, and significant litigation. QUALIFICATIONS -- EVALUATION Offerors must submit the following information for purposes of evaluation: (a) A detailed, narrative statement listing the three most recent, comparable which you have performed and the general history and experience of your organization performing services of similar scope and size. (b) A list of every business for which offeror has performed, at any time during the past three year(s), services substantially similar to those sought with this solicitation. Err on the side of inclusion; by submitting an offer, offeror represents that the list is complete. (c) Resumes and background credentials of key staff to perform services. (d) A list of all relevant certifications to perform the solicited services. (e) Company Size: Describe the number of employees and the location of offices. (f) Project Staffing: Identify the proposed project team including the project manager, backup project manager, and all key management staff assigned to this project. Include percent of time committed to this project for key staff, and provide résumés detailing relevant experience with similar projects. Additionally, outline the expectation for the number of SCDE staff that is recommended to be part of this team and their responsibilities. (g) Personnel: Provide résumés of key development and maintenance staff assigned to this project with whom SCDE will be expected to work with on a regular basis. Indicate a specific representative (include name, title, phone number and length of time with the firm) for the proposed Master Agreement. (h) Customer Base: Provide a list of institutions or organizations with which the Offeror has current contracts for similar products and/or services. (i) Provide a list of any contracts that were canceled or from which the Offeror was prohibited from bidding because of lack of performance or because the Offeror defaulted on a contract for the last three (3) years. (j) Investment in Product: Describe the Offeror’s annual investment in the application as a percentage of gross revenue. (k) Submit copies of any independent reviews of similar software your company has produced with your comments, if necessary.
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(l) Reporting Solutions: Describe any experience with configuring your system to work within the MoodleRooms Joule environment. Provide examples of successful implementation. Describe any advanced reporting features (e.g., charts, graphs, pivot tables, etc.) that your system is currently capable of producing. QUALIFICATIONS - MANDATORY MINIMUM (JAN 2006) (a) In order to be qualified to receive award, you must meet the following mandatory minimum qualifications: The cloud-based multimedia system must already have been developed for another educational institution (i.e., state department of education, university, etc.) that integrates with an online LMS. (b) The Procurement Officer may, in his discretion, consider (1) The experience of a predecessor firm or of a firm's key personnel which was obtained prior to the date offeror was established, and/or (2) Any subcontractor proposed by offeror. (c) Provide a detailed, narrative statement providing adequate information to establish that you meet all the requirements stated in subparagraph (a) above. Include all appropriate documentation. SUBCONTRACTOR -- IDENTIFICATION (JAN 2006) If you intend to subcontract with another business for any portion of the work and that portion exceeds 10% of your price, your offer must identify that business and the portion of work which they are to perform. Identify potential subcontractors by providing the business name, address, phone, taxpayer identification number, and point of contact. In determining your responsibility, the state may evaluate your proposed subcontractors. [05-5030-1]
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VI. AWARD CRITERIA AWARD CRITERIA – PROPOSALS (JAN 2006)
Award will be made to the highest ranked, responsive and responsible offeror who offer is determined to be the most advantageous to the State. AWARD TO ONE OFFEROR (JAN 2006) Award will be made to one Offeror. [06-6040-1] COMPETITION FROM PUBLIC ENTITIES (JAN 2006) If a South Carolina governmental entity submits an offer, the Procurement Officer will, when determining the lowest offer, add to the price provided in any offers submitted by non-governmental entities a percentage equivalent to any applicable sales or use tax. S.C. Code Ann. Regs 117-304.1 (Supp. 2004). [06-6057-1] EVALUATION FACTORS – PROPOSALS (JAN 2006) Offers will be evaluated using only the factors stated below. Evaluation factors are stated in the relative order of importance, with the first factor being the most important. Once evaluation is complete, all responsive offerors will be ranked from most advantageous to least advantageous. All proposals will initially be reviewed to determine responsiveness. Any proposal that does not meet the material and/or essential requirements of the RFP will be determined non-responsive and will not be considered for award. Those determined responsive will move forward and be evaluated by the technical evaluation team. Evaluation will be conducted by an evaluation Panel on the basis of the following criteria, which are listed in order of importance. Phase I Evaluation Criteria 1. Technical Proposal (1-45 points) The completeness and suitability of the Offeror’s proposal, as well as Offeror understands of scope of work and ability to meet or exceed all of the technical and functional specifications for the RFP, and Offeror’s enhancements beyond the minimum requirements of the RFP. 2.
Price Proposal (1-30 points) The total itemization of all costs to include, but not limited to, development, testing, implementation, training, maintenance, and support.
3.
Qualifications, Experience (1-25 Points) The Offeror's experience and references must provide evidence of its depth and breadth of experience, and evidence of successful past performance with projects of this similar size and scope.
Phase II DEMONSTRATIONS After the evaluation of Phase I criterion, based on the weights assigned to each individual criteria all Offeror’s proposals ranked close enough to the highest scoring Offeror where the award of points allowed for a demonstration could shift the final ranking, may be asked to provide a demonstration and evaluated in Phase II. If after the evaluation of Phase I, the point spread is too wide to be bridged by a second ranking during a demonstration phase, then only the top ranked Offeror will be asked to provide a demonstration which will be evaluated on a pass/fail basis only. If only one Offeror is invited to demonstrate, its demonstration will be evaluated according to Phase II criterion and if the Offeror passes, then negotiations may take place with the offeror. If the demonstration “fails”, then the next offeror in line along with any other Offerors(s) within a 10 point range from the next highest ranked offeror will be invited to demonstrations. If multiple offerors are invited to demonstrate, their proposal will be evaluated in Phase II as presented below. Demonstrations are tentatively set for 6-8 Nov 2013. Each offeror(s) invited to demonstrate will be required to furnish all equipment, items, and services they need to present their demonstration. Only power and Internet access will be made available to the offeror. Further instructions and directions will be provided to those Offeror(s) invited to provide a demonstration. Page 32
Based on the above, the top ranked offeror(s) may be scheduled for an on-site demonstration. The criterion upon which Phase II evaluation will be made is listed below: Phase II – Evaluation Criteria:
Demonstration (1-25 Points): The completeness, quality and suitability of the Offeror’s demonstration to show the functional, technical and performance needs of the RFP as addressed in offeror’s written response.
NOTE: Offerors demonstration will be scored for Phase II and will be added to the scores assigned to each offeror in Phase I by the evaluation panel. The Pricing is scored independently from technical scoring. All scores are added and the offeror with the highest score will be the apparent winner, subject to negotiations, and validation by the Information Technology Management Office Procurement Officer. UNIT PRICE GOVERNS (JAN 2006) In determining award, unit prices will govern over extended prices unless otherwise stated.
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VII. TERMS AND CONDITIONS -- A. GENERAL THE STATE RESERVES THE RIGHT TO NEGOTIATE THE FOLLOWING THREE (3) CONTRACTUAL CLAUSES, INDEMNIFICATION, LIABILITY FOR DAMAGES AND WARRANTY: INDEMNIFICATION: The State of South Carolina, its officers, agents, and employees shall be held harmless from liability from any claims, damages, and actions of any nature arising from the use of any materials furnished by the Contractor, provided that such liability is not attributable to negligence on the part of the using agency or failure of the using agency to use the materials in the manner outlined by the Contractor in descriptive literature or specifications submitted with the Contractor’s proposal. LIABILITY FOR DAMAGES: CONTRACTOR will not be liable for any damages resulting from loss of data or use, lost profits, or any incidental or consequential damages unless said damages are the result of the CONTRACTOR’S negligence or willful misconduct. The State will not be liable for any damages to the CONTRACTOR resulting from loss of data or use, lost profits, or any incidental or consequential damages unless said damages are the result of the State’s gross negligence or willful misconduct. CONTRACTOR will be liable for damages resulting from personal injury or property damage caused by CONTRACTOR’S negligence or intentional harm. WARRANTY: Subject to the limitations stated below, contractor warrants products provided to the State as a result of the RFP against defects in workmanship and material during the applicable warranty period. Contractor warrants that any software product(s) will conform to the software product description applicable to the software described in this RFP. Contractor agrees that hardware and software products will comply with all specifications and other terms and conditions as herein specified. Contractor warrants that services will be provided in a workman like manner. Remedies for breach of this warranty are set forth in the section Liability for Damages. The contractor shall be responsible for the full performance hereunder of any subcontractors and/or suppliers and the State shall rely solely upon said Contractor for contract and performance. Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this solicitation. ASSIGNMENT (JAN 2006) No contract or its provisions may be assigned, sublet, or transferred without the written consent of the Procurement Officer. BANKRUPTCY (JAN 2006) (a) Notice. In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish written notification of the bankruptcy to the Using Governmental Unit. This notification shall be furnished within five (5) days of the initiation of the proceedings relating to the bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of all State contracts against which final payment has not been made. This obligation remains in effect until final payment under this Contract. (b) Termination. This contract is voidable and subject to immediate termination by the State upon the contractor's insolvency, including the filing of proceedings in bankruptcy. [07-7A005-1] CHOICE-OF-LAW (JAN 2006) The Agreement, any dispute, claim, or controversy relating to the Agreement, and all the rights and obligations of the parties shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State of South Carolina, except its choice of law rules. As used in this paragraph, the term "Agreement" means any transaction or agreement arising out of, relating to, or contemplated by the solicitation. [07-7A010-1] CONTRACT DOCUMENTS and ORDER OF PRECEDENCE (JAN 2006) (a) Any contract resulting from this solicitation shall consist of the following documents: (1) a Record of Negotiations, if any, executed by you and the Procurement Officer, (2) documentation regarding the clarification of an offer [e.g., 11-35-1520(8) or 11-351530(6)], if applicable, (3) the solicitation, as amended, (4) modifications, if any, to your offer, if accepted by the Procurement Officer, (5) your offer, (6) any statement reflecting the state's final acceptance (a/k/a "award"), and (7) purchase orders. These documents shall be read to be consistent and complimentary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. (b) The terms and conditions of documents (1) through (6) above shall apply notwithstanding any additional or different terms and conditions in either (i) a purchase order or other instrument submitted by the State or (ii) any invoice or other document submitted by Contractor. Except as otherwise allowed herein, the terms and conditions of all such documents shall be void and of no effect. (c) No contract, license, or other agreement containing contractual terms and conditions will be signed by any Using Governmental Unit. Any document signed or otherwise agreed to by persons other than the Procurement Officer shall be void and of no effect. [07-7A015-1] Page 34
DISCOUNT FOR PROMPT PAYMENT (JAN 2006) (a) Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices. (b) In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the state annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day. [07-7A020-1] DISPUTES (JAN 2006) (1) Choice-of-Forum. All disputes, claims, or controversies relating to the Agreement shall be resolved exclusively by the appropriate Chief Procurement Officer in accordance with Title 11, Chapter 35, Article 17 of the South Carolina Code of Laws, or in the absence of jurisdiction, only in the Court of Common Pleas for, or a federal court located in, Richland County, State of South Carolina. Contractor agrees that any act by the Government regarding the Agreement is not a waiver of either the Government's sovereign immunity or the Government's immunity under the Eleventh Amendment of the United State's Constitution. As used in this paragraph, the term "Agreement" means any transaction or agreement arising out of, relating to, or contemplated by the solicitation. (2) Service of Process. Contractor consents that any papers, notices, or process necessary or proper for the initiation or continuation of any disputes, claims, or controversies relating to the Agreement; for any court action in connection therewith; or for the entry of judgment on any award made, may be served on Contractor by certified mail (return receipt requested) addressed to Contractor at the address provided as the Notice Address on Page Two or by personal service or by any other manner that is permitted by law, in or outside South Carolina. Notice by certified mail is deemed duly given upon deposit in the United States mail. EQUAL OPPORTUNITY (JAN 2006) Contractor is referred to and shall comply with all applicable provisions, if any, of Title 41, Part 60 of the Code of Federal Regulations, including but not limited to Sections 60-1.4, 60-4.2, 60-4.3, 60-250.5(a), and 60-741.5(a), which are hereby incorporated by reference. [07-7A030-1] FALSE CLAIMS (JAN 2006) According to the S.C. Code of Laws Section 16-13-240, "a person who by false pretense or representation obtains the signature of a person to a written instrument or obtains from another person any chattel, money, valuable security, or other property, real or personal, with intent to cheat and defraud a person of that property is guilty" of a crime. [07-7A035-1] FIXED PRICING REQUIRED (JAN 2006) Any pricing provided by contractor shall include all costs for performing the work associated with that price. Except as otherwise provided in this solicitation, contractor's price shall be fixed for the duration of this contract, including option terms. This clause does not prohibit contractor from offering lower pricing after award. [07-7A040-1] NON-INDEMNIFICATION (JAN 2006) Any term or condition is void to the extent it requires the State to indemnify anyone. [07-7A045-1] NOTICE (JAN 2006) (A) After award, any notices shall be in writing and shall be deemed duly given (1) upon actual delivery, if delivery is by hand, (2) upon receipt by the transmitting party of automated confirmation or answer back from the recipient's device if delivery is by telex, telegram, facsimile, or electronic mail, or (3) upon deposit into the United States mail, if postage is prepaid, a return receipt is requested, and either registered or certified mail is used. (B) Notice to contractor shall be to the address identified as the Notice Address on Page Two. Notice to the state shall be to the Procurement Officer's address on the Cover Page. Either party may designate a different address for notice by giving notice in accordance with this paragraph. [07-7A050-1] PAYMENT and INTEREST (MAY 2011) (a) Unless otherwise provided in this Solicitation, the State shall pay the Contractor, after the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified herein, including the purchase order, payment shall not be made on partial deliveries accepted by the Government. (b) Unless otherwise provided herein, including the purchase order, payment will be Page 35
made by check. (c) Notwithstanding any other provision, payment shall be made in accordance with S.C. Code Section 11-35-45, which provides the Contractor's exclusive means of recovering any type of interest from the Owner. Contractor waives imposition of an interest penalty unless the invoice submitted specifies that the late penalty is applicable. Except as set forth in this paragraph, the State shall not be liable for the payment of interest on any debt or claim arising out of or related to this contract for any reason. (d) Amounts due to the State shall bear interest at the rate of interest established by the South Carolina Comptroller General pursuant to Section 11-35-45 ("an amount not to exceed fifteen percent each year"), as amended. (e) Any other basis for interest, including but not limited to general (pre- and post-judgment) or specific interest statutes, including S.C. Code Ann. Section 34-31-20, are expressly waived by both parties. If a court, despite this agreement and waiver, requires that interest be paid on any debt by either party other than as provided by items (c) and (d) above, the parties further agree that the applicable interest rate for any given calendar year shall be the lowest prime rate as listed in the first edition of the Wall Street Journal published for each year, applied as simple interest without compounding. [07-7A055-2] PUBLICITY (JAN 2006) Contractor shall not publish any comments or quotes by State employees, or include the State in either news releases or a published list of customers, without the prior written approval of the Procurement Officer. [07-7A060-1] PURCHASE ORDERS (JAN 2006) Contractor shall not perform any work prior to the receipt of a purchase order from the using governmental unit. The using governmental unit shall order any supplies or services to be furnished under this contract by issuing a purchase order. Purchase orders may be used to elect any options available under this contract, e.g., quantity, item, delivery date, payment method, but are subject to all terms and conditions of this contract. Purchase orders may be electronic. No particular form is required. An order placed pursuant to the purchasing card provision qualifies as a purchase order. [07-7A065-1] SETOFF (JAN 2006) The state shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the state with regard to this contract, any other contract with any state department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the state for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. [07-7A070-1] SURVIVAL OF OBLIGATIONS (JAN 2006) The Parties' rights and obligations which, by their nature, would continue beyond the termination, cancellation, rejection, or expiration of this contract shall survive such termination, cancellation, rejection, or expiration, including, but not limited to, the rights and obligations created by the following clauses: Indemnification - Third Party Claims, Intellectual Property Indemnification, and any provisions regarding warranty or audit. [07-7A075-1] TAXES (JAN 2006) Any tax the contractor may be required to collect or pay upon the sale, use or delivery of the products shall be paid by the State, and such sums shall be due and payable to the contractor upon acceptance. Any personal property taxes levied after delivery shall be paid by the State. It shall be solely the State's obligation, after payment to contractor, to challenge the applicability of any tax by negotiation with, or action against, the taxing authority. Contractor agrees to refund any tax collected, which is subsequently determined not to be proper and for which a refund has been paid to contractor by the taxing authority. In the event that the contractor fails to pay, or delays in paying, to any taxing authorities, sums paid by the State to contractor, contractor shall be liable to the State for any loss (such as the assessment of additional interest) caused by virtue of this failure or delay. Taxes based on Contractor's net income or assets shall be the sole responsibility of the contractor. [07-7A080-1] TERMINATION DUE TO UNAVAILABILITY OF FUNDS (JAN 2006) Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefor. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled. In the event of a cancellation pursuant to this paragraph, contractor will be reimbursed the resulting unamortized, reasonably incurred, nonrecurring costs. Contractor will not be reimbursed any costs amortized beyond the initial contract term. [07-7A085-1] THIRD PARTY BENEFICIARY (JAN 2006) This Contract is made solely and specifically among and for the benefit of the parties hereto, and their respective successors and assigns, and no other person will have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Contract as a third party beneficiary or otherwise. [07-7A090-1]
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WAIVER (JAN 2006) The State does not waive any prior or subsequent breach of the terms of the Contract by making payments on the Contract, by failing to terminate the Contract for lack of performance, or by failing to strictly or promptly insist upon any term of the Contract. Only the Procurement Officer has actual authority to waive any of the State's rights under this Contract. Any waiver must be in writing. [077A095-1]
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VII. TERMS AND CONDITIONS -- B. SPECIAL CHANGES (JAN 2006) (1) Contract Modification. By a written order, at any time, and without notice to any surety, the Procurement Officer may, subject to all appropriate adjustments, make changes within the general scope of this contract in any one or more of the following: (a) drawings, designs, or specifications, if the supplies to be furnished are to be specially manufactured for the [State] in accordance therewith; (b) method of shipment or packing; (c) place of delivery; (d) description of services to be performed; (e) time of performance (i.e., hours of the day, days of the week, etc.); or, (f) place of performance of the services. Subparagraphs (a) to (c) apply only if supplies are furnished under this contract. Subparagraphs (d) to (f) apply only if services are performed under this contract. (2) Adjustments of Price or Time for Performance. If any such change increases or decreases the contractor's cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, an adjustment shall be made in the contract price, the delivery schedule, or both, and the contract modified in writing accordingly. Any adjustment in contract price made pursuant to this clause shall be determined in accordance with the Price Adjustment Clause of this contract. Failure of the parties to agree to an adjustment shall not excuse the contractor from proceeding with the contract as changed, provided that the State promptly and duly make such provisional adjustments in payment or time for performance as may be reasonable. By proceeding with the work, the contractor shall not be deemed to have prejudiced any claim for additional compensation, or an extension of time for completion. (3) Time Period for Claim. Within 30 days after receipt of a written contract modification under Paragraph (1) of this clause, unless such period is extended by the Procurement Officer in writing, the contractor shall file notice of intent to assert a claim for an adjustment. Later notification shall not bar the contractor's claim unless the State is prejudiced by the delay in notification. (4) Claim Barred After Final Payment. No claim by the contractor for an adjustment hereunder shall be allowed if notice is not given prior to final payment under this contract. [07-7B025-1] COMPLIANCE WITH LAWS (JAN 2006) During the term of the contract, contractor shall comply with all applicable provisions of laws, codes, ordinances, rules, regulations, and tariffs. [07-7B035-1] CONTRACTOR'S LIABILITY INSURANCE (a) Contractor shall procure from a company or companies lawfully authorized to do business in South Carolina and with a current A.M. Best rating of no less than A: VII, and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work and the results of that work by the contractor, his agents, representatives, employees or subcontractors. (b) Coverage shall be at least as broad as: (1) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an "occurrence" basis, including products-completed operations, personal and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the general aggregate limit shall be twice the required occurrence limit. This contract shall be considered to be an "insured contract" as defined in the policy. (b) Every applicable Using Governmental Unit, and the officers, officials, employees and volunteers of any of them, must be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used. (c) For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance as respects the State, every applicable Using Governmental Unit, and the officers, officials, employees and volunteers of any of them. Any insurance or selfinsurance maintained by the State, every applicable Using Governmental Unit, or the officers, officials, employees and volunteers of any of them, shall be excess of the Contractor's insurance and shall not contribute with it. (d) Prior to commencement of the work, the Contractor shall furnish the State with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this section. All certificates are to be received and approved by the State before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The State reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this section, at any time.
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(e) Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. In addition, the Contractor shall notify the State immediately upon receiving any information that any of the coverages required by this section are or will be changed, cancelled, or replaced. (f) Contractor hereby grants to the State and every applicable Using Governmental Unit a waiver of any right to subrogation which any insurer of said Contractor may acquire against the State or applicable Using Governmental Unit by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the State or Using Governmental Unit has received a waiver of subrogation endorsement from the insurer. (g) Any deductibles or self-insured retentions must be declared to and approved by the State. The State may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. (h) The State reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. CONTRACTOR PERSONNEL (JAN 2006) The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. [07-7B060-1] CONTRACTOR'S OBLIGATION -- GENERAL (JAN 2006) The contractor shall provide and pay for all materials, tools, equipment, labor and professional and non-professional services, and shall perform all other acts and supply all other things necessary, to fully and properly perform and complete the work. The contractor must act as the prime contractor and assume full responsibility for any subcontractor's performance. The contractor will be considered the sole point of contact with regard to all situations, including payment of all charges and the meeting of all other requirements. [077B065-1] DATA PRIVACY (a) As used in this section, “Software” means any computer program or computer database (including any maintenance updates, patches, or fixes thereto) provided, acquired, accessed, or used pursuant to this Contract; “Web-based Service” means a service accessed over the Internet and provided, acquired, accessed, or used pursuant to this Contract; “Data” means any State information that Contractor acquires, maintains, accesses, or otherwise has possession of as a result of either the performance of the Work or the use of the Software or Web-based Service, other than information of Contractor or “public information” (meaning any information, regardless of form or format, that the State discloses, disseminates, or makes available to the public or that is otherwise lawfully publically available). (b) To the extent reasonably necessary to perform the Work, or to maintain and provide the Software or Web-based Services according to the terms of this Contract, Contractor may: 1) disclose the Data to third parties having a need-to-know (e.g. subcontractors); and 2) use (including without limitation view, transmit, and process) the Data itself. Except as otherwise provided in this section, Contractor agrees not to use the Data, disclose the Data, or retain Data after termination or expiration of this Contract. Contractor acquires no rights in any Data (regardless whether accessed, provided, acquired, licensed or used under this Contract), except the limited rights to use, disclose and retain the Data in accordance with the terms of this Contract. Contractor agrees to promptly (unless not promptly technically feasible) provide all Data in its possession to State upon written request of State (provided that, if the Contract has not expired or been terminated, Contractor shall be excused from the performance of any Work reasonably dependent on Contractor’s further access to such Data), notwithstanding the State’s failure to perform or the pendency of a dispute with Contractor. Without limiting its obligations hereunder, Contractor shall comply with its own privacy policies and written privacy statements relevant to the Work. In performing the Work, Contractor shall comply with all laws regarding use or disclosure of the Data applicable to Contractor. Notwithstanding anything to the contrary, Contractor shall be permitted to use, disclose, or retain the Data but only to the extent necessary to comply with any applicable law, rule, regulation, direction of law enforcement, or profession standard (collectively, “Professional Responsibilities”). Moreover, Contractor may retain, subject to the ongoing applicability of the terms of this section, limited copies of any Data and materials containing the same to the extent required to evidence the performance of the Work. In the event Contractor is required to disclose any Data as a result of any of its Professional Responsibilities, Contractor shall disclose such Data only to the extent required by any such Professional Responsibility and only after providing State with written notice in advance of a disclosure unless legally prohibited. Contractor is responsible for, and shall impose by agreement the limitations and restrictions of this clause on, any other person or entity that Contractor authorizes to take action related to the Data in connection with the subject matter of this Contract, except where Contractor is directed by State to take such action. (c) Without limiting any other legal or contractual obligations, Contractor agrees to implement and maintain reasonable and appropriate administrative, physical, and technical safeguards (including without limitation written policies and procedures) for protection of the security, confidentiality and integrity of the Data in its possession. Upon request by State, Contractor shall confirm Contractor’s compliance with this section (c) in writing signed by Contractor's most senior executive responsible for information technology. (d) As soon as practicable after Contractor learns of an improper disclosure or use of Data, Contractor shall notify State, including a description of the circumstances of the disclosure. For improper disclosures or uses caused in whole or in part by the act or omission Page 39
of Contractor, its subcontractors, their employees, workmen, servants, agents, or anyone directly or indirectly employed by them or anyone for whose acts Contractor may be liable, resulting from any failure to act in accordance with the terms of this Contract (including any special safeguarding requirements imposed pursuant to the clause titled Information Security) or applicable law, Contractor shall: (i) provide any legally required notification to individuals or entities affected by an improper disclosure if legally required to be provided to such parties by Contractor, and if not (e.g., if required of State), Contractor shall reimburse State for its reasonable, out-of-pocket costs in providing such notifications; (ii) pay costs and expenses for credit monitoring services for any such affected individuals receiving notice where credit monitoring is appropriate given the circumstances of the incident and the nature of the Data compromised; and (iii) pay any fines or penalties imposed on Contractor by a government authority having proper jurisdiction. (e) The obligations of this section shall survive termination or expiration of the Contract. Without limiting any rights the State may have, and notwithstanding any other term of this Contract, Contractor agrees that State may have no adequate remedy at law for a breach of Contractor's obligations under this section and therefore the State shall be entitled to pursue equitable remedies in the event of a breach of this section. DEFAULT (JAN 2006) (a) (1) The State may, subject to paragraphs (c) and (d) of this clause, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to: (i) Deliver the supplies or to perform the services within the time specified in this contract or any extension; (ii) Make progress, so as to endanger performance of this contract (but see paragraph (a)(2) of this clause); or (iii) Perform any of the other material provisions of this contract (but see paragraph (a)(2) of this clause). (2) The State's right to terminate this contract under subdivisions (a)(1)(ii) and (1)(iii) of this clause, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Procurement Officer) after receipt of the notice from the Procurement Officer specifying the failure. (b) If the State terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Procurement Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated. (c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the State in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor. (d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. (e) If this contract is terminated for default, the State may require the Contractor to transfer title and deliver to the State, as directed by the Procurement Officer, any (1) completed supplies, and (2) partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as "manufacturing materials" in this clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Procurement Officer, the Contractor shall also protect and preserve property in its possession in which the State has an interest. (f) The State shall pay contract price for completed supplies delivered and accepted. The Contractor and Procurement Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property; if the parties fail to agree, the Procurement Officer shall set an amount subject to the Contractor's rights under the Disputes clause. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the Procurement Officer determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders. (g) If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall, if the contract contains a clause providing for termination for convenience of the State, be the same as if the termination had been issued for the convenience of the State. If, in the foregoing circumstances, this contract does not contain a clause providing for termination for convenience of the State, the contract shall be adjusted to compensate for such termination and the contract modified accordingly subject to the contractor's rights under the Disputes clause. Page 40
(h) The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or under this contract. [07-7B075-1] ESTIMATED QUANTITY -- UNKNOWN (JAN 2006) The total quantity of purchases of any individual item on the contract is not known. The State does not guarantee that the State will buy any specified item or total amount. The omission of an estimated purchase quantity does not indicate a lack of need but rather a lack of historical information. [07-7B095-1] ILLEGAL IMMIGRATION (NOV. 2008) (An overview is available at www.procurement.sc.gov ) By signing your offer, you certify that you will comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina Code of Laws and agree to provide to the State upon request any documentation required to establish either: (a) that Title 8, Chapter 14 is inapplicable to you and your subcontractors or subsubcontractors; or (b) that you and your subcontractors or sub-subcontractors are in compliance with Title 8, Chapter 14. Pursuant to Section 8-14-60, "A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both." You agree to include in any contracts with your subcontractors language requiring your subcontractors to (a) comply with the applicable requirements of Title 8, Chapter 14, and (b) include in their contracts with the sub-subcontractors language requiring the sub-subcontractors to comply with the applicable requirements of Title 8, Chapter 14. [07-7B097-1] INFORMATION SECURITY (a) Definitions. As used in this clause— Clearing means removal of data from an information system, its storage devices, and other peripheral devices with storage capacity, in such a way that the data may not be reconstructed using common system capabilities (i.e., through the keyboard); however, the data may be reconstructed using laboratory methods. Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object may have occurred. This includes copying the data through covert network channels or the copying of data to unauthorized media. Data means a subset of information in an electronic format that allows it to be retrieved or transmitted. Government information means information provided by or generated for the State, including any public entity involved in this overall transaction (other than public information). Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual. Information includes, without limitation, security information, personally identifiable information, and protected health information. Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information. Intrusion means an unauthorized act of bypassing the security mechanisms of a system. Media means physical devices or writing surfaces including but not limited to magnetic tapes, optical disks, magnetic disks, large scale integration memory chips, and printouts (but not including display media, e.g., a computer monitor, cathode ray tube (CRT) or other (transient) visual output) onto which information is recorded, stored, or printed within an information system. Public information means any information, regardless of form or format, that the State discloses, disseminates, or makes available to the public. Safeguarding means measures or controls that are prescribed to protect information. Security information means a subset of information that describes the components (hardware, software, firmware and middleware), configuration, or governance of any of the State’s information systems that are intended to prevent or reduce security vulnerabilities; and any security information that identifies vulnerabilities in any of the State’s information systems. Voice means all oral information regardless of transmission protocol. (b) Safeguarding requirements and procedures. The Contractor shall apply the following basic safeguarding requirements to protect government information which resides on or transits through its information systems from unauthorized access and disclosure: (1) Protecting information on public computers or Web sites: Do not process government information on public computers (e.g., those available for use by the general public in kiosks, hotel business centers) or computers that do not have access control. Information provided by or generated for the State or any Using Governmental Unit (other than public information) shall not be posted on Web sites that are publicly available or have access limited only by domain/Internet Protocol restriction. Such information may be posted to web pages that control access by user ID/password, user certificates, or other technical means, and that provide protection via use of security technologies. Access control may be provided by the intranet (versus the Web site itself or the application it hosts). Page 41
(2) Transmitting electronic information. Transmit email, text messages, blogs, and similar communications that contain government information using technology and processes that provide the best level of security and privacy available, given facilities, conditions, and environment. (3) Transmitting voice and fax information. Transmit government information via voice and fax only when the sender has a reasonable assurance that access is limited to authorized recipients. (4) Physical and electronic barriers. Protect government information by at least one physical and one electronic barrier (e.g., locked container or room, login and password) when not under direct individual control. (5) Sanitization. At a minimum, clear information on media that have been used to process government information before external release or disposal. Overwriting is an acceptable means of clearing media in accordance with National Institute of Standards and Technology 800–88, Guidelines for Media Sanitization, at http://csrc.nist.gov/ publications/nistpubs/800-88/NISTSP800- 88_rev1.pdf (6) Intrusion protection. Provide at a minimum the following protections against computer intrusions and data compromise: (i) Current and regularly updated malware protection services, e.g., anti-virus, antispyware. (ii) Prompt application of security-relevant software upgrades, e.g., patches, servicepacks, and hot fixes. (7) Transfer limitations. Transfer government information only to those subcontractors that both require the information for purposes of contract performance and provide at least the same level of security as specified in this clause. (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts under this contract that may involve government information residing in or transiting through the subcontractor’s information system. (d) Other contractual requirements regarding the safeguarding of information. This clause addresses basic requirements, and is subordinate to any other contract clauses or requirements to the extent that it specifically provides for enhanced safeguarding of information or information systems. INFORMATION SECURITY – DATA LOCATION Contractor is prohibited from accessing, processing, transmitting, or storing government information, as defined herein, outside the continental United States. This obligation is a material requirement of this contract. INFORMATION GOVERNANCE – STANDARDS (a) South Carolina Financial Identity Fraud and Identity Theft Protection Act, 2008 Act 190, as applicable and as amended, including without limitation, the South Carolina Family Privacy Protection Act of 2002, 2002 Act No. 225, as amended. Reference Title 30, Chapter 2 and Title 37, Chapter 20 of the South Carolina Code of Laws. (b) Section 12-54-240, Disclosure of records of and reports and returns filed with Department of Revenue by employees and agents of department and state auditor's office prohibited; penalties, of the South Carolina Code of Laws, as amended. (c) Gramm-Leach-Bliley Act ( the “GLB Act”) or any successor federal statute, and the rules and regulations there under, all as may be amended or supplemented from time to time, including without limitation, Title 16, Parts 313 and 314 of the Code of Federal Regulations. (d) Fair Credit Reporting Act or any successor federal statute, and the rules and regulations there under, all as may be amended or supplemented from time to time, including without limitation, Title 16, Part 682 of the Code of Federal Regulations. INFORMATION GOVERNANCE – STANDARDS (a) South Carolina Financial Identity Fraud and Identity Theft Protection Act, 2008 Act 190, as applicable and as amended, including without limitation, the South Carolina Family Privacy Protection Act of 2002, 2002 Act No. 225, as amended. Reference Title 30, Chapter 2 and Title 37, Chapter 20 of the South Carolina Code of Laws. (b) Section 12-54-240, Disclosure of records of and reports and returns filed with Department of Revenue by employees and agents of department and state auditor's office prohibited; penalties, of the South Carolina Code of Laws, as amended. (c) Gramm-Leach-Bliley Act ( the “GLB Act”) or any successor federal statute, and the rules and regulations there under, all as may be amended or supplemented from time to time, including without limitation, Title 16, Parts 313 and 314 of the Code of Federal Regulations. (d) Fair Credit Reporting Act or any successor federal statute, and the rules and regulations there under, all as may be amended or supplemented from time to time, including without limitation, Title 16, Part 682 of the Code of Federal Regulations. INFORMATION USE AND DISCLOSURE (MON. YEAR) Citizens should not be required unnecessarily to share information with those engaged by the government in order to access services provided by the government and such information should be used by those engaged by the government only to the extent necessary to Page 42
provide the services; accordingly, this clause addresses basic requirements for the contractor’s use and disclosure of government information, including information provided by or obtained from the citizens. (a) Definitions. As used in this section: Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object may have occurred. This includes copying the data through covert network channels, or copying the data to unauthorized media, or disclosure of information in violation of any obligation imposed by this contract. Government information means (1) information provided by or generated for the using governmental unit, or (2) acquired or accessed by contractor as a result of performing the work. Without limiting the foregoing, government information includes (i) any information that contractor acquires or accesses by software or web-based services, and (ii) any metadata or location information. Government information excludes unrestricted information. Information means any communication or representation of knowledge such as facts, statistics, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual. Public information means any information, regardless of form or format, that the using governmental unit intentionally discloses, disseminates, or makes available to the public. Software means any computer program acquired, accessed, or used by the government or a third party pursuant to or as a result of this contract. Third party means any person or entity other than the using governmental unit, the contractor, or any subcontractors at any tier. Unrestricted information means (1) public information, (2) information acquired by contractor prior to contract formation, (3) information incidental to contract administration, such as financial, administrative, cost or pricing, or management information, and (4) any ideas, concepts, know-how, methodologies, processes, technologies, techniques which contractor develops or learns in connection with contractor’s performance of the work. Web-based service means a service accessed over the Internet and acquired, accessed, or used by the government or the citizenry pursuant to or as a result of this contract. (b) Legal mandates. Notwithstanding anything to the contrary, contractor shall be permitted to use, disclose, or retain government information but only to the limited extent necessary to comply with any applicable law, rule, regulation, or direction of law enforcement. If it is necessary for contractor to use, disclose, or retain government information in order to comply with either a law or direction of law enforcement, contractor shall provide using governmental unit with written notice, including a description of the circumstances and applicable law, in advance of such use, disclosure or retention except to the extent prohibited by law. (c) Flow down. Any reference in this clause to contractor also includes any subcontractor at any tier. Contractor is responsible for, and shall impose by agreement the limitations and restrictions of this clause on, any other person or entity that contractor authorizes to take action related to government information. The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts under this contract that may involve government information. (d) Collecting Information. Contractor must gather government information only to the minimum extent necessary to accomplish the work. (e) Rights, Disclosure and Use. Except as otherwise expressly provided in this contract, contractor agrees not to either (1) use or disclose government information, or (2) retain government information after termination or expiration of this contract. Contractor acquires no rights in any government information except the limited rights to use, disclose and retain the government information in accordance with the terms of this contract. To the extent reasonably necessary to perform the work, contractor may: (i) disclose government information to persons having a need-to-know (e.g., subcontractors); and (ii) use (including access, process, transmit, and store) the government information itself. Before disclosing government information to a subcontractor or third party, contractor shall give the using governmental entity detailed written notice regarding the reason for disclosure and the identity and location of the recipient. The notice shall be provided no later than five business days in advance of the disclosure. (f) Return. Notwithstanding the using governmental unit’s failure to perform or the pendency of a dispute, contractor agrees to promptly return all government information in its possession to using governmental unit upon written request of using governmental unit (provided that, if the contract has not expired or been terminated, contractor shall be excused from the performance of any work reasonably dependent on contractor’s further access to such government information). (g) Privacy Policy & Applicable Laws. Without limiting any other legal or contractual obligations, contractor shall comply with its own privacy policies and written privacy statements relevant to the work. Contractor shall perform the work, and shall access, process, transmit, and store government information, in compliance with (1) all laws applicable to contractor regarding government information, and (2) all laws and standards identified in the clause entitled Information Governance – Standards. (h) Safeguarding Information. Without limiting any other legal or contractual obligations, contractor agrees to implement and maintain reasonable and appropriate administrative, physical, and technical safeguards (including without limitation written policies and procedures) for protection of the security, confidentiality, and integrity of the government information in its possessio n. Upon request by using governmental unit, contractor shall confirm contractor’s compliance with this section in writing signed by contractor's most senior executive responsible for information technology. (i) Actions Following Disclosure. Immediately upon learning of a compromise or improper use, contractor shall take such action as may be necessary to preserve forensic evidence and eliminate the cause of the compromise or improper use. Within two business days, contractor shall notify using governmental unit of the compromise or improper use, including a description of the circumstances of the use or compromise. As soon as practicable, contractor shall provide the using governmental unit all information necessary to enable Page 43
the using governmental unit to fully understand the nature and extent of the compromise or improper use. If a compromise or improper use is caused in whole or in part by the act or omission of contractor, its employees, workmen, servants, agents, or anyone directly or indirectly employed by them or anyone for whose acts contractor may be liable, that is not in accordance with the terms of this contract or applicable law, contractor shall: (1) provide any legally required notification to third parties affected by a compromise if legally required to be provided to such parties by contractor, and if not (e.g., if required of using governmental unit), contractor shall reimburse using governmental unit for the cost of providing such notifications; (2) pay costs and expenses for credit monitoring services for any such affected individuals receiving notice where credit monitoring is appropriate given the circumstances of the incident and the nature of the information compromised; and (3) pay any related fines or penalties imposed by a government authority. (j) Survival & Remedy. All the obligations imposed by this paragraph are material. The obligations of this section shall survive termination or expiration of the contract. Without limiting any rights the using governmental unit may have, and notwithstanding any other term of this contract, contractor agrees that using governmental unit may have no adequate remedy at law for a breach of contractor's obligations under this clause and therefore the using governmental unit shall be entitled to pursue equitable remedies in the event of a breach of this clause. INFORMATION USE AND DISCLOSURE – STANDARDS To the extent applicable: (a) South Carolina Financial Identity Fraud and Identity Theft Protection Act (FIFITPA), 2008 Act 190, as amended. Solely for purposes of Section 39-1-90 of the South Carolina Code of Laws, as amended, Contractor is deemed to be the owner of government information, as defined herein, and Contractor agrees that the Using Governmental Unit is not a licensee. (b) The South Carolina Family Privacy Protection Act of 2002, as codified in Chapter 2 of Title 30 of the South Carolina Code of Laws, as amended. (b) Section 12-54-240 (Disclosure of records of and reports and returns filed with Department of Revenue by employees and agents of department and state auditor's office prohibited; penalties) of the South Carolina Code of Laws, as amended. (c) Gramm-Leach-Bliley Act or any successor federal statute, and the rules and regulations there under, all as may be amended or supplemented from time to time, including without limitation, Title 16, Parts 313 and 314 of the Code of Federal Regulations. LICENSES AND PERMITS (JAN 2006) During the term of the contract, the Contractor shall be responsible for obtaining, and maintaining in good standing, all licenses (including professional licenses, if any), permits, inspections and related fees for each or any such licenses, permits and /or inspections required by the State, county, city or other government entity or unit to accomplish the work specified in this solicitation and the contract. [07-7B115-1] LIMITATION ON LIABILITY (2013) (1) Contractor’s liability for damages to the Using Governmental Unit for any cause whatsoever, and regardless of the form of action, shall not exceed an amount equal to triple the Aggregate Contract Price. As used in this clause, the term “Aggregate Contract Price” means the Guaranteed Maximum Price for the Initial Term. (2) The parties waive claims against each other for (i) exemplary or punitive damages and (ii) special or consequential damages. (3) The foregoing limitations shall not apply (a) to direct claims for physical damage to real or tangible personal property, (b) to claims regarding personal injury, (c) to claims arising from reckless or intentional misconduct, (d) to amounts due or obligations under a clause (regardless of how named) providing for liquidated damages, or if such a clause is ruled unenforceable as a penalty, (e) to amounts due or obligations under the clauses entitled Indemnification – Third Party Claims – Disclosure of Information, Information Security, Service Provider Security Representations, Information Use and Disclosure, Information Use and Disclosure–Standards, and Information Security-Data Location, or (f) to amounts due or obligations under a clause imposing a duty to defend. (4) The absence in any subcontract of a similar clause limiting liability shall not increase the obligation of the Using Governmental Unit beyond what it would have been had the subcontract contained such a clause. (5) The Using Governmental Unit’s liability for damages, if any, for any cause whatsoever, and regardless of the form of action, shall in no event exceed an amount equal to the Guaranteed Maximum Price for the Initial Term. Nothing herein shall be construed to waive any clause regarding the availability or appropriation of funds, sovereign immunity, or any other immunity, restriction, or limitation on recovery provided by law. (6) The State of South Carolina’s total liability for any obligation under any clause imposing any duty of confidentiality or non-disclosure shall not exceed an amount equal to fifty thousand dollars. INTELLECTUAL PROPERTY INFRINGEMENT (JAN 2006) (a) Without limitation and notwithstanding any provision in this agreement, Contractor shall, upon receipt of notification, defend and indemnify the State, its instrumentalities, agencies, departments, boards, political subdivisions and all their respective officers, agents and employees against all actions, proceedings or claims of any nature (and all damages, settlement payments, attorneys' fees (including Inside counsel), costs, expenses, losses or liabilities attributable thereto) by any third party asserting or involving an IP right related to an acquired item. State shall allow Contractor to defend such claim so long as the defense is diligently and capably prosecuted. State shall allow Contractor to settle such claim so long as (i) all settlement payments are made by Contractor, and (ii) the Page 44
settlement imposes no non-monetary obligation upon State. State shall reasonably cooperate with Contractor's defense of such claim. (b) In the event an injunction or order shall be obtained against State's use of any acquired item, or if in Contractor's opinion, the acquired item is likely to become the subject of a claim of infringement or violation of an IP right, Contractor shall, without in any way limiting the foregoing, and at its expense, either: (1) procure for State the right to continue to use, or have used, the acquired item, or (2) replace or modify the acquired item so that it becomes non-infringing but only if the modification or replacement does not adversely affect the specifications for the acquired item or its use by State. If neither (1) nor (2), above, is practical, State may require that Contractor remove the acquired item from State, refund to State any charges paid by State therefor, and take all steps necessary to have State released from any further liability. (c) Contractors obligations under this paragraph do not apply to a claim to the extent (i) that the claim is caused by Contractor's compliance with specifications furnished by the State unless Contractor knew its compliance with the State's specifications would infringe an IP right, or (ii) that the claim is caused by Contractor's compliance with specifications furnished by the State if the State knowingly relied on a third party's IP right to develop the specifications provided to Contractor and failed to identify such product to Contractor. (d) As used in this paragraph, these terms are defined as follows: "IP right(s)" means a patent, copyright, trademark, trade secret, or any other proprietary right. "Acquired item(s)" means the rights, goods, or services furnished under this agreement. "Specification(s)" means a detailed, exact statement of particulars such as a statement prescribing materials, dimensions, and quality of work. (e) Contractor's obligations under this clause shall survive the termination, cancellation, rejection, or expiration of this Agreement. OWNERSHIP OF DATA & MATERIALS (JAN 2006) All data, material and documentation either prepared for the state pursuant to this contract shall belong exclusively to the State. PRICE ADJUSTMENTS (JAN 2006) (1) Method of Adjustment. Any adjustment in the contract price made pursuant to a clause in this contract shall be consistent with this Contract and shall be arrived at through whichever one of the following ways is the most valid approximation of the actual cost to the Contractor (including profit, if otherwise allowed): (a) by agreement on a fixed price adjustment before commencement of the pertinent performance or as soon thereafter as practicable; (b) by unit prices specified in the Contract or subsequently agreed upon; (c) by the costs attributable to the event or situation covered by the relevant clause, including profit if otherwise allowed, all as specified in the Contract; or subsequently agreed upon; (d) in such other manner as the parties may mutually agree; or, (e) in the absence of agreement by the parties, through a unilateral initial written determination by the Procurement Officer of the costs attributable to the event or situation covered by the clause, including profit if otherwise allowed, all as computed by the Procurement Officer in accordance with generally accepted accounting principles, subject to the provisions of Title 11, Chapter 35, Article 17 of the S.C. Code of Laws. (2) Submission of Price or Cost Data. Upon request of the Procurement Officer, the contractor shall provide reasonably available factual information to substantiate that the price or cost offered, for any price adjustments is reasonable, consistent with the provisions of Section 11-35-1830. [07-7B160-1] PRICING DATA -- AUDIT -- INSPECTION (JAN 2006) [Clause Included Pursuant to Section 11-35-1830, - 2210, & -2220] (a) Cost or Pricing Data. Upon Procurement Officer's request, you shall submit cost or pricing data, as defined by 48 C.F.R. Section 2.101 (2004), prior to either (1) any award to contractor pursuant to 11-35-1530 or 11-35-1560, if the total contract price exceeds $500,000, or (2) execution of a change order or contract modification with contractor which exceeds $100,000. Your price, including profit or fee, shall be adjusted to exclude any significant sums by which the state finds that such price was increased because you furnished cost or pricing data that was inaccurate, incomplete, or not current as of the date agreed upon between parties. (b) Records Retention. You shall maintain your records for three years from the date of final payment, or longer if requested by the chief Procurement Officer. The state may audit your records at reasonable times and places. As used in this subparagraph (b), the term "records" means any books or records that relate to cost or pricing data submitted pursuant to this clause. In addition to the obligation stated in this subparagraph (b), you shall retain all records and allow any audits provided for by 11-35-2220(2). (c) Inspection. At reasonable times, the state may inspect any part of your place of business which is related to performance of the work. (d) Instructions Certification. When you submit data pursuant to subparagraph (a), you shall (1) do so in accordance with the instructions appearing in Table 15-2 of 48 C.F.R. Section 15.408 (2004) (adapted as necessary for the state context), and (2) submit a Certificate of Current Cost or Pricing Data, as prescribed by 48 CFR Section 15.406-2(a) (adapted as necessary for the state context). (e) Subcontracts. You shall include the above text of this clause in all of your subcontracts. (f) Nothing in this clause limits any other rights of the state. [07-7B185-1] PRIVACY -- WEB SERVICES (JAN 2006) You agree that any information acquired by you about individuals or businesses that is available to you as a result of your performance of this contract shall not be retained beyond the end of the term of the contract without the express written consent of the government. Such information shall never be sold, traded, or released to another entity, including affiliates, and shall not be used for any purpose Page 45
other than performing this contract. Upon request, contractor shall provide written confirmation of compliance with this clause. [077B195-1] RELATIONSHIP OF THE PARTIES (JAN 2006) Neither party is an employee, agent, partner, or joint venturer of the other. Neither party has the right or ability to bind the other to any agreement with a third party or to incur any obligation or liability on behalf of the other party. [07-7B205-1] TERM OF CONTRACT -- EFFECTIVE DATE / INITIAL CONTRACT PERIOD (JAN 2006) The effective date of this contract is the first day of the Maximum Contract Period as specified on the final statement of award. The initial term of this agreement is1year from the effective date. Regardless, this contract expires no later than the last date stated on the final statement of award. [07-7B240-1] TERM OF CONTRACT -- OPTION TO RENEW (JAN 2006) At the end of the initial term, and at the end of each renewal term, this contract shall automatically renew for four years for a period of 1year each unless contractor receives notice that the state elects not to renew the contract at least thirty (30) days prior to the date of renewal. Regardless, this contract expires no later than the last date stated on the final statement of award. [07-7B245-1] TERMINATION FOR CONVENIENCE (JAN 2006) (1) Termination. The Procurement Officer may terminate this contract in whole or in part, for the convenience of the State. The Procurement Officer shall give written notice of the termination to the contractor specifying the part of the contract terminated and when termination becomes effective. (2) Contractor's Obligations. The contractor shall incur no further obligations in connection with the terminated work and on the date set in the notice of termination the contractor will stop work to the extent specified. The contractor shall also terminate outstanding orders and subcontracts as they relate to the terminated work. The contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders connected with the terminated work. The Procurement Officer may direct the contractor to assign the contractor's right, title, and interest under terminated orders or subcontracts to the State. The contractor must still complete the work not terminated by the notice of termination and may incur obligations as are necessary to do so. (3) Right to Supplies. The Procurement Officer may require the contractor to transfer title and deliver to the State in the manner and to the extent directed by the Procurement Officer: (a) any completed supplies; and (b) such partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (hereinafter called "manufacturing material") as the contractor has specifically produced or specially acquired for the performance of the terminated part of this contract. The contractor shall, upon direction of the Procurement Officer, protect and preserve property in the possession of the contractor in which the State has an interest. If the Procurement Officer does not exercise this right, the contractor shall use best efforts to sell such supplies and manufacturing materials in a accordance with the standards of Uniform Commercial Code Section 2706. Utilization of this Section in no way implies that the State has breached the contract by exercise of the Termination for Convenience Clause. (4) Compensation. (a) The contractor shall submit a termination claim specifying the amounts due because of the termination for convenience together with cost or pricing data required by Section 11-35-1830 bearing on such claim. If the contractor fails to file a termination claim within one year from the effective date of termination, the Procurement Officer may pay the contractor, if at all, an amount set in accordance with Subparagraph (c) of this Paragraph. (b) The Procurement Officer and the contractor may agree to a settlement and that the settlement does not exceed the total contract price plus settlement costs reduced by payments previously made by the State, the proceeds of any sales of supplies and manufacturing materials under Paragraph (3) of this clause, and the contract price of the work not terminated; (c) Absent complete agreement under Subparagraph (b) of this Paragraph, the Procurement Officer shall pay the contractor the following amounts, provided payments agreed to under Subparagraph (b) shall not duplicate payments under this Subparagraph: (i) contract prices for supplies or services accepted under the contract; (ii) costs reasonably incurred in performing the terminated portion of the work less amounts paid or to be paid for accepted supplies or services; (iii) reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Paragraph (2) of this clause. These costs must not include costs paid in accordance with Subparagraph (c)(ii) of this paragraph; (iv) any other reasonable costs that have resulted from the termination. The total sum to be paid the contractor under this Subparagraph shall not exceed the total contract price plus the reasonable settlement costs of the contractor reduced by the amount of payments otherwise made, the proceeds of any sales of supplies and manufacturing materials under Subparagraph (b) of this Paragraph, and the contract price of work not terminated. (d) Contractor must demonstrate any costs claimed, agreed to, or established under Subparagraphs (b) and (c) of this Paragraph using its standard record keeping system, provided such system is consistent with any applicable Generally Accepted Accounting Principles. (5) Contractor's failure to include an appropriate termination for convenience clause in any subcontract shall not (i) affect the state's right to require the termination of a subcontract, or (ii) increase the obligation of the state beyond what it would have been if the subcontract had contained an appropriate clause. [07-7B265-1] Page 46
VIII. BIDDING SCHEDULE / PRICE-BUSINESS PROPOSAL BIDDING SCHEDULE (NOV 2007) Item
Quantity
Unit of Measure
1
1
each
Unit Price
Extended Price
Product Catg.: 91582 - Video Production Item Description: 5 TB Space and Bandwidth Tendering Text: The pricing will be for a "cloud based" Multimedia Platform Services, to include but not limited to, implementation, training, maintenance and support for year 1 of operations. For evaluation purposes the offeror must submit a price for each space and bandwidth. The total evaluated price will be the sum of all bid items. This is an all-inclusive cost. Offerors must provide a detailed breakdown of what makes up each line item and must be submitted with their on-line offer as an attachment. Failure to provide a price breakdown may result in your response being deemed as non-responsive. NOTE: Payment is dependent on how much space and bandwidth is used per month based on the above costs. Item
Quantity
Unit of Measure
2
1
each
Unit Price
Extended Price
Product Catg.: 91582 - Video Production Item Description: 10 TB Space and Bandwidth Tendering Text: The pricing will be for a "cloud based" Multimedia Platform Services, to include but not limited to, implementation, training, maintenance and support for year 1 of operations. For evaluation purposes the offeror must submit a price for each space and bandwidth. The total evaluated price will be the sum of all bid items. This is an all-inclusive cost. Offerors must provide a detailed breakdown of what makes up each line item and must be submitted with their on-line offer as an attachment. Failure to provide a price breakdown may result in your response being deemed as non-responsive. NOTE: Payment is dependent on how much space and bandwidth is used per month based on the above costs. Item
Quantity
Unit of Measure
3
1
each
Unit Price
Extended Price
Product Catg.: 91582 - Video Production Item Description: 15 TB Space and Bandwidth Tendering Text: The pricing will be for a "cloud based" Multimedia Platform Services, to include but not limited to, implementation, training, maintenance and support for year 1 of operations. For evaluation purposes the offeror must submit a price for each space and bandwidth. The total evaluated price will be the sum of all bid items. This is an all-inclusive cost. Offerors must provide a detailed breakdown of what makes up each line item and must be submitted with their on-line offer as an attachment. Failure to provide a price breakdown may result in your response being deemed as non-responsive. NOTE: Payment is dependent on how much space and bandwidth is used per month based on the above costs. Item
Quantity
Unit of Measure
4
1
each
Unit Price
Extended Price
Product Catg.: 91582 - Video Production Item Description: 20 TB Space and Bandwidth Tendering Text: The pricing will be for a "cloud based" Multimedia Platform Services, to include but not limited to, implementation, training, maintenance and support for year 1 of operations. For evaluation purposes the offeror must submit a price for each space and bandwidth. The total evaluated price will be the sum of all bid items. This is an all-inclusive cost. Offerors must provide a detailed breakdown of what makes up each line item and must be submitted with their on-line offer as an attachment. Failure to provide a price breakdown may result in your response being deemed as non-responsive. NOTE: Payment is dependent on how much space and bandwidth is used per month based on the above costs.
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Item
Quantity
Unit of Measure
5
1.000
each
Unit Price
Extended Price
Product Catg.: 91582 - Video Production Item Description: 25 TB Space and Bandwidth Tendering Text: The pricing will be for a "cloud based" Multimedia Platform Services, to include but not limited to, implementation, training, maintenance and support for year 1 of operations. For evaluation purposes the offeror must submit a price for each space and bandwidth. The total evaluated price will be the sum of all bid items. This is an all-inclusive cost. Offerors must provide a detailed breakdown of what makes up the bid price for all bid items and must be submitted with their on-line offer as an attachment. Failure to provide a price breakdown may result in your response being deemed as nonresponsive. NOTE: Payment is dependent on how much space and bandwidth is used per month based on the above costs. Item
Quantity
Unit of Measure
6
1.000
Years
Unit Price
Extended Price
Product Catg.: 92045 - Software Maintenance/Support Item Description: Maintenance Year 2 Tendering Text: Annual Maintenance Cost for a "cloud based" multimedia solution. The price offered will be the annual maintenance cost for this software solution for Using Government Units in the State of South Carolina. The unit price will be a fixed price for each year and offerors must provide a breakdown for each year. Failure to provide this breakdown of costs per year may result in the offer being deemed non-responsive. The RFP states the minimum requirements for annual maintenance. The Offeror must provide an all-inclusive yearly cost with their response. The State has established an estimate of 20,000 concurrent users for bid evaluation only. This is an estimate only and the State will only pay per space bandwidth used. Item
Quantity
Unit of Measure
7
1.000
Years
Unit Price
Extended Price
Product Catg.: 92045 - Software Maintenance/Support Item Description: Maintenance Year 3 Tendering Text: Annual Maintenance Cost for a "cloud based" multimedia solution. The price offered will be the annual maintenance cost for this software solution for Using Government Units in the State of South Carolina. The unit price will be a fixed price for each year and offerors must provide a breakdown for each year. Failure to provide this breakdown of costs per year may result in the offer being deemed non-responsive. The RFP states the minimum requirements for annual maintenance. The Offeror must provide an all-inclusive yearly cost with their response. The State has established an estimate of 20,000 concurrent users for bid evaluation only. This is an estimate only and the State will only pay per space bandwidth used. Item
Quantity
Unit of Measure
8
1.000
Years
Unit Price
Extended Price
Product Catg.: 92045 - Software Maintenance/Support Item Description: Maintenance Year 4 Tendering Text: Annual Maintenance Cost for a "cloud based" multimedia solution. The price offered will be the annual maintenance cost for this software solution for Using Government Units in the State of South Carolina. The unit price will be a fixed price for each year and offerors must provide a breakdown for each year. Failure to provide this breakdown of costs per year may result in the offer being deemed non-responsive. The RFP states the minimum requirements for annual maintenance. The Offeror must provide an all-inclusive yearly cot with their response. The State has established an estimate of 20,000 concurrent users for bid evaluation only. This is an estimate only and the State will only pay per space bandwidth used.
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Item
Quantity
Unit of Measure
9
1.000
Years
Unit Price
Extended Price
Product Catg.: 92045 - Software Maintenance/Support Item Description: Maintenance Year 5 Tendering Text: Annual Maintenance Cost for a "cloud based" multimedia solution. The price offered will be the annual maintenance cost for this software solution for Using Government Units in the State of South Carolina. The unit price will be a fixed price for each year and offerors must provide a breakdown for each year. Failure to provide this breakdown of costs per year may result in the offer being deemed non-responsive. The RFP states the minimum requirements for annual maintenance. The Offeror must provide an all-inclusive yearly cost with their response. The State has established an estimate of 20,000 concurrent users for bid evaluation only. This is an estimate only and the State will only pay per space bandwidth used.
TOTAL EVALUTED PRICE EQUALS THE TOTAL SUM OF LINE ITEMS 1-9. $ ________________________________ Offeror must provide a complete breakdown per line item to reflect all costs or the offer may be deemed non-responsive.
ADDITIONAL PRICING FOR INFORMATIONAL PURPOSES ONLY Offeror must provide the below rates with their offer. Additional customization: 1. Offerors will provide an hourly rate for additional customization not already identified within this solicitation. This hourly rate will be all inclusive and will not be a part of the evaluation criteria. (Travel will be reimbursed per State Travel regulations) $__________________________________ hourly rate $ __________________________________ blocks of 20 hours
2. Pricing on each additional 1 TB space and bandwidth $ _______________.
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SAP
IX. ATTACHMENTS TO SOLICITATION NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT INCOME TAX WITHHOLDING IMPORTANT TAX NOTICE - NONRESIDENTS ONLY Withholding Requirements for Payments to Nonresidents: Section 12-8-550 of the South Carolina Code of Laws requires persons hiring or contracting with a nonresident conducting a business or performing personal services of a temporary nature within South Carolina to withhold 2% of each payment made to the nonresident. The withholding requirement does not apply to (1) payments on purchase orders for tangible personal property when the payments are not accompanied by services to be performed in South Carolina, (2) nonresidents who are not conducting business in South Carolina, (3) nonresidents for contracts that do not exceed $10,000 in a calendar year, or (4) payments to a nonresident who (a) registers with either the S.C. Department of Revenue or the S.C. Secretary of State and (b) submits a Nonresident Taxpayer Registration Affidavit - Income Tax Withholding, Form I-312 to the person letting the contract. The withholding requirement applies to every governmental entity that uses a contract ("Using Entity"). Nonresidents should submit a separate copy of the Nonresident Taxpayer Registration Affidavit - Income Tax Withholding, Form I-312 to every Using Entity that makes payment to the nonresident pursuant to this solicitation. Once submitted, an affidavit is valid for all contracts between the nonresident and the Using Entity, unless the Using Entity receives notice from the Department of Revenue that the exemption from withholding has been revoked. _______________________ Section 12-8-540 requires persons making payment to a nonresident taxpayer of rentals or royalties at a rate of $1,200.00 or more a year for the use of or for the privilege of using property in South Carolina to withhold 7% of the total of each payment made to a nonresident taxpayer who is not a corporation and 5% if the payment is made to a corporation. Contact the Department of Revenue for any applicable exceptions. _______________________ For information about other withholding requirements (e.g., employee withholding), contact the Withholding Section at the South Carolina Department of Revenue at 803-898-5383 or visit the Department's website at: www.sctax.org _______________________ This notice is for informational purposes only. This agency does not administer and has no authority over tax issues. All registration questions should be directed to the License and Registration Section at 803-898-5872 or to the South Carolina Department of Revenue, Registration Unit, Columbia, S.C. 29214-0140. All withholding questions should be directed to the Withholding Section at 803-896-1420.
PLEASE SEE THE "NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT INCOME TAX WITHHOLDING" FORM (FORM NUMBER I-312) LOCATED AT: http://www.sctax.org/Forms+and+Instructions/withholding/default.htm [09-9005-1]
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Part IX:
ATTACHMENTS TO SOLICITATION
Instructions: Offeror must complete Attachments A-D and return with their proposal. Failure to provide attachments may result in your offer being deemed nonresponsive.
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ATTACHMENT A CERTIFICATE OF INDEPENDENT PRICE DETERMINATION
A proposal shall not be considered for award if the price in the proposal was not arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other Offeror or with any competitor. In addition, the Offeror is prohibited from making multiple proposals in a different form.
Should conflict of interest be detected at any time during the contract, the contract shall be null and void and the Offeror shall assume all costs of this project until such time that a new Offeror is selected.
Offeror must complete the following certified Statement and submit it with Cost Proposal.
I, ______________________________, representing _________________________________ (Print name)
(Company name)
certify that the price in this proposal was arrived without any conflict of interest, as described above.
____________________________________ Signature / Date
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ATTACHMENT B CERTIFICATE FOR NON-COLLUSION AFFIDAVIT 1. This non-collusion Affidavit is material to any contract awarded pursuant to this bid. 2. This non-collusion Affidavit must be executed by the member, officer, or employee of the bidder who makes the final decision on prices and the amount quoted in the bid. 3. Bid rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of bids are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself or herself that each Statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the bidder with responsibilities for the preparation, approval, or submission of the bid. 4. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the bid documents, and an affidavit must be submitted separately on behalf of each party. 5. The term “complementary bid” as used in the Affidavit has the meaning commonly associated with that term in the bidding process, and includes the knowing submission of bids higher than the bid of another firm, an intentionally high or noncompetitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition. 6. Failure to file an Affidavit in compliance with these instructions will result in disqualification of the bid.
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NON-COLLUSION AFFIDAVIT State of _________________________________________________: Contract/Bid No.: ________________________: County of _____________________________: I certify that I am _______________________________ of ____________________________ (Title) (Name of Firm) Authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid. I state that: The price(s) and amount of this bid have been arrived at independently and without consultation, communication, or agreement with any other contractor, bidder, or potential bidder. Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before bid opening. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid. The bid of my firm has been made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid. _____________________________________, its affiliates, subsidiaries, officers, directors, and employees are not (Name of my Firm) currently under investigation by any governmental agency and have not in the last three years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows: __________________________________________________________________________________________________ __________________________________________________________________________________________________ _____________________________________. _________________________________________ state that ____________________________ (Name of my Firm) understands and acknowledges that the above representations are material and important, and will be relied on by ______________________________________________ in awarding the contract(s) for which this bid is submitted. (Name of Public Entity) I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from Page 54
__________________________________________ of the true facts relating to submission of bids for this contract. (Name of Public Entity)
_________________________________________________________ (Name and Company Position) SWORN TO SUBSCRIBED
BEFORE ME THIS ____________ DAY
OF _________________________, 20___.
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ATTACHMENT C VENDOR REFERENCE FORM
Bidder Name: Reference Company Name: Type of Business: Address: Contact Name: Phone Number for Contact: Email Address for Contact: Period of Time Doing From: Business with this Company:
To:
Type of Business/Services Provided:
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SOUTH CAROLINA DEPARTMENT OF EDUCATION CONFIDENTIALITY AGREEMENT
This Agreement is entered into this ___ day of ________, 20___ by and between ______________________ located at __________________________________ (hereinafter "Contractor") and the South Carolina Department of Education (hereinafter "SCDE"). WHEREAS the SCDE possesses certain information, including, but not limited to, teacher, student, personnel, business and other confidential, sensitive, proprietary, and/or security-related information that must be held confidential for legal purposes, as well as for the protection and privacy of those served and/or employed by the SCDE (collectively, “Confidential Information”); WHEREAS the Contractor is willing to receive disclosure of the Confidential Information pursuant to the terms of this Agreement for the purpose of _______________________; NOW THEREFORE, in consideration for the mutual undertakings of SCDE and the Contractor under this Agreement, the parties agree as follows: 1. Contractor, its agents and employees (hereinafter collectively termed “Contractor”) agree to protect the confidentiality, privacy and security of the Confidential Information maintained by SCDE from disclosure in any form to any unauthorized source. 2. Contractor will follow SCDE policies, procedures and other privacy and security requirements. 3. Contractor will not post or discuss any SCDE Confidential Information, including, but not limited to, student or employee pictures or videos, student information, or SCDE personnel information on its personal social media sites such as Facebook or Twitter. 4. Contractor will complete all required privacy and security of Confidential Information training. 5. Contractor will only access information that it needs to perform the services for which it has been engaged. 6. Contractor will not access, show, tell, use, release, e-mail, copy, give, sell, review, change or dispose of Confidential Information unless it is part of Contractor’s explicitly stated responsibilities for service to SCDE. If it is part of Contractor’s explicitly stated responsibilities to perform any of these tasks, Contractor will follow the correct procedures (such as shredding confidential papers) and only access/use the minimum information necessary to complete the required task. 7. When Contractor’s work or service at SCDE ends, Contractor will not disclose any Confidential Information, nor will it retain any Confidential Information. 8. If Contractor must take Confidential Information off SCDE property, Contractor will do so only with SCDE’s written permission and in accordance with SCDE policies and procedures. Contractor will protect the privacy and security of the information in accordance with SCDE policies and procedures, and must return it to SCDE immediately, once it is no longer needed to perform the explicitly stated responsibilities for service to SCDE. 9. If Contractor has access to SCDE computer system(s), it will follow the procedures in place to protect Confidential Information, which are available from the System’s Information Security Administrator(s).
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10. Contractor shall not discuss or communicate in any manner, any information about the SCDE’s data security measures to any third party or other unauthorized persons during or after the term of Contractor’s contract with the SCDE, unless such information has already been made to be public information, or if Contractor is compelled to provide such information pursuant to state or federal law. 11. Contractor shall immediately notify the Chief Information Security Officer of any security breach that has occurred, intentional or unintentional, as a result of Contractor’s work at the SCDE. 12. During the course of Contractor’s term of contract with the SCDE, Contractor shall immediately notify the Chief Information Security Officer if he or she becomes aware of any security risk or potential risk to the security of Confidential Information, regardless of the source of such risk. 13. Contractor acknowledges that any violation of the terms of this agreement may result in the termination of Contractor’s contract. 14. Contractor shall be liable for any damages resulting from any breach of security which occurs as a result of Contractor’s failure to follow the terms of this agreement and agrees to indemnify and hold the SCDE and its employees harmless for any damages assessed as a result of such breach.
**SIGNATURE PAGE TO FOLLOW**
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SOUTH CAROLINA DEPARTMENT OF EDUCATION CONFIDENTIALITY AGREEMENT Signature Page
CONTRACTOR
SCDE
_________________________________
_________________________________
Signature
Signature
_________________________________
_________________________________
Print Name
Print Name
_________________________________
_________________________________
Title
Title
_________________________________
_________________________________
Witness Signature
Witness Signature
_________________________________
_________________________________
Date
Date
Page 59
