04_ATTACHMENT_C_-_AGY_TERMS_Mentoring_Program_Platform.docx
DOCX document 21 KB Posted
- Attached to
- Cloud-Based Mentoring Program
- Solicitation number
- EV00000979
- Issued by
- Oklahoma
About this file
This document contains agency terms and conditions for Solicitation No. EV00000979, issued by the Office of Management and Enterprise Services (OMES) Central Purchasing division on behalf of the Oklahoma State Department of Health (OSDH), Allied Health Service. The solicitation seeks a cloud-based mentoring program platform to support structured, scalable, and measurable mentoring initiatives across the state. The comprehensive multi-user software must enable creation and management of multiple programs including onboarding, participant registration, technical skills development, assessment-based mentoring, and program administration. The resulting contract may be designated as a statewide contract available for use by other Oklahoma government entities.
The attachment establishes mandatory accessibility and source code requirements for the proposed platform. Contractors must provide conformance documentation with Oklahoma Information Technology Accessibility Standards via a Voluntary Product Accessibility Template (VPAT) or comparable document upon request. For customized or developed applications, vendors must place machine-readable source code with an independent escrow agent and deposit annual updates, with the State of Oklahoma registered as a qualified recipient entitled to receive code copies if specified conditions occur: vendor dissolution while the state maintains an active license and a signed source code release agreement is in place. The indemnification obligation for accessibility compliance extends until the state confirms the product meets accessibility requirements. Any conflicting terms in electronic license agreements are unenforceable against Oklahoma, with contract provisions prevailing.
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Text version
ATTACHMENT C
AGENCY TERMS
Solicitation No. EV00000979
1) For Information Technology or Communications Products, Systems and Applications not requiring development and/or customization. The Contractor shall provide a description of conformance with the applicable Oklahoma Information Technology Accessibility Standards for the proposed product, system, or application by means of either a Voluntary Product Accessibility Template (VPAT) or other comparable document, upon request.
The Contractor shall indemnify and hold harmless the State of Oklahoma and any Oklahoma Government entity purchasing the products, systems, or applications not requiring development and/or customized by the Contractor from any claim arising out of the Contractor’s failure to comply with applicable Oklahoma Information Technology Accessibility Standards subsequent to providing certification of compliance to such Standards.
2) For Information Technology or Communications Products, Systems or Applications requiring development and/or customization. The Contractor shall provide a description of conformance with the applicable Oklahoma Information Technology Accessibility Standards for the proposed product system, or application developed and/or customized by means of either a Voluntary Product Accessibility Template (VPAT) or other comparable document, upon request. Additional requirements and documentation may be required and compliance will be necessary on the Contractor’s part. Such requirements will be stated in documents such as State Bids, Request for Proposals, Contracts, Agreements, Purchase Orders, and Amendments.
The Contractor shall indemnify and hold harmless the State of Oklahoma and any Oklahoma Government entity purchasing the products, systems, or applications not requiring development and/or customized by the Contractor from any claim arising out of the Contractor’s failure to comply with applicable Oklahoma Information Technology Accessibility Standards subsequent to providing certification of compliance to such Standards. However, the Contractor shall no longer have an obligation to indemnify the State for liability resulting from products, systems, or applications developed and/or customized that are not in compliance with applicable Oklahoma Information Technology Accessibility Standards (“Standards”) after the State has tested and confirmed that the product, system, or application meets the accessibility requirements in the Standards.
Vendor warrants that if customized software is supplied or developed under this contract that a machine-readable copy of the source code shall be placed in the custody of an independent escrow agent (the "escrow agent"). Vendor will provide documentation suitable to the state of Oklahoma of this escrow agreement. The most recent version of the source code shall be deposited with the escrow agent annually. Vendor shall register the state of Oklahoma as a qualified recipient of the source code entitled to receive a copy only if all of the following conditions occur: a) vendor or any successor to all or substantially all of vendor's business becomes dissolved and ceases to do business; b) State of Oklahoma has a current license to use the software; and c) State of Oklahoma has signed a source code release agreement limiting transferability and assignment rights of the State of Oklahoma for the source code. In these circumstances, vendor shall be deemed to have granted State of Oklahoma a nonexclusive, nontransferable license to use the machine-readable copy of the source code to support its internal use of the software under the provisions of this agreement.
In the event that provider specifies additional terms and conditions or clauses that conflict with this contract in an electronic license agreement notice, the additional terms and conditions or conflicting clauses will not be binding on the state of Oklahoma, and the provisions of this contract will prevail.
Page 2 of 2 For Agency Use 08/30/24
File details come from the government source that posted it. Updated .