16-057_IFB.pdf

CALIFORNIA STATE TRANSPORTATION AGENCY EDMUND G. BROWN JR., G o ve r n o r

DEPARTMENT OF MOTOR VEHICLES

ADMINISTRATIVE SERVICES DIVISION, MS E112

P.O. BOX 932382

SACRAMENTO, CA 94232-3820

California Relay Telephone Service for the deaf or hearing impaired from TDD Phones: 1-800-735-2929; from Voice Phones: 1-800-735-2922

ADM 668 (REV. 7/2013) DMVWeb A Public Service Agency

16-057

INVITATION FOR BID

Notice to Prospective Bidders

April 20, 2016

You are invited to review and respond to this Invitation for Bid (IFB) entitled 16-057 – Professional Training Services. This IFB is advertised in the California State Contracts Register through Cal eProcure at:

http://www.caleprocure.ca.gov or http://www.dgs.ca.gov

Please note that you must register with Cal eProcure in order to download IFB packages and any other provided documents from the Cal eProcure website.

Bidders are advised to check the Cal eProcure website for addendums, modifications, and updates to the bid documents. The Department of Motor Vehicles (DMV) is not responsible for failure of the prospective bidder to check for any bid document updates, changes, or answers to questions posted on Cal eProcure. Failure to periodically check the website will be at the bidder's sole risk.

In submitting your bid, you must comply with the instructions found herein.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at Internet site:

http://www.dgs.ca.gov

In the opinion of the DMV, this IFB package is complete and without need of explanation. The contact person for this IFB is:

Anne Mearlon Department of Motor Vehicles

Phone: (916) 657-0997 Fax: (916) 657-5936

Email: anne.mearlon@dmv.ca.gov

Please note that no verbal information given will be binding upon the state unless such information is issued in writing as an official addendum.

ANNE MEARLON

Contract Administrator http://www.dgs.ca.gov/

TABLE OF CONTENTS

SECTION

BIDDER REQUIREMENTS AND INFORMATION

1. Purpose and Description of Services

2. Bidder Qualifications

3. Schedule of Events

4. Written Questions

5. Submission of Bid

6. Bid Opening

7. Disposition of Bids

8. Evaluation and Selection

9. Notice of Intent to Award Contract

10. Protest

11. Notice of Contract Award

12. Standard Conditions of Service

13. Required Documents (Awarded Contractor)

14. Bid Preference(s)

STANDARD AGREEMENT FORM (SAMPLE)

EXHIBIT A – Scope of Work

EXHIBIT B – Budget Detail and Payment Provisions

EXHIBIT C – General Terms and Conditions

EXHIBIT D – Special Terms and Conditions

EXHIBIT E – Additional Provisions

REQUIRED BID DOCUMENTS CHECKLIST

ATTACHMENT 1 – Bid/Bidder Certification Sheet

ATTACHMENT 2 – Cost Sheet

ATTACHMENT 3 – Payee Data Record

ATTACHMENT 4 – Bidder Declaration & Subcontractor/Supplier List

ATTACHMENT 5 – Darfur Contracting Act

The remainder of this page is intentionally left blank.

1. Purpose and Description of Services

A. Professional Training Services. Term: July 1, 2016 through June 30, 2017. See Exhibit A, Scope of Work, for a complete description of services.

2. Schedule of Events

Event Date Time

(1). IFB available to prospective bidders: 4/20/16 N/A

(2). Written questions regarding IFB are due by:

(Note: See additional info in Section 4.)

4/28/16 4:00 PM

(3). Written responses to IFB questions released by: 5/3/16 4:00 PM

(4). Final date for bid submission and bid opening:

(Note: See additional info in Sections 5 and 6.)

5/10/16 2:30 PM

(5). Proposed start date of contract: 7/1/16 N/A

3. Written Questions

A. Submit all written questions via email to the contact person indicated on the cover page of this IFB package no later than the date and time specified in the Schedule of Events. Written responses to IFB questions will be released by the date and time specified in the Schedule of Events and viewable in the online project advertisement in Cal eProcure at:

http:/www.caleprocure.ca.gov.

4. Submission of Bid

A. Bids must be submitted via mail or hand-delivered no later than the date and time specified in the Schedule of Events.

(1). Bids submitted via mail or hand-delivered must be enclosed in an envelope or under sealed cover. The exterior of the envelope or sealed cover must be clearly marked with all of the following information:

a. BIDDER’S NAME

b. BIDDER’S ADDRESS

c. BID PROPOSAL # 16-057, DO NOT OPEN UNTIL May 10, 2016 AT 2:30 PM, ATTN: ANNE MEARLON

(2). Bids shall be mailed to or hand-delivered to the following address:

Department of Motor Vehicles Contract Services Section Attn: Anne Mearlon 2415 First Avenue, MS: E112 Sacramento, CA 95818-2606

(3). Mailed or hand-delivered bids not enclosed in an envelope or under sealed cover shall be rejected. If hand-delivering a bid, you must contact the contact person indicated above upon arrival for pickup. If the contact person indicated above is unavailable to pick up a hand-delivered bid upon arrival, you must contact the contact person’s support staff for pickup at (916) 657-7771. Hand-delivered bids shall only be delivered to the contact person indicated above or their authorized representative upon arrival. Bids shall not be hand-delivered to or dropped-off at a DMV security desk. Bids that are hand-delivered to or dropped-off at a DMV security desk shall not be considered as received by the DMV, and shall remain unopened and be returned to the bidder.

B. Bids must be received by the DMV no later than the date and time specified in the Schedule of Events. Any bid received after the specified due date and time shall remain unopened and be returned to the bidder.

C. Bids shall include all required bid documents identified in the Required Bid Documents Checklist. Only submit the required bid documents with your bid, not the entire IFB package. In addition, do not submit bid documents within a binder or folder. Bids not including the required bid documents shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

D. All required bid documents submitted must be printed single-sided. Bids that include required bid documents that are printed double-sided shall be deemed non-responsive.

E. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm.

F. Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications shall not be considered and shall cause a bid to be rejected.

G. Costs for developing bids in anticipation of award of the contract are entirely the responsibility of the bidder and shall not be charged to the DMV.

H. An individual who is authorized to bind the bidding firm contractually shall sign the Bid/Bidder Certification Sheet (Attachment 1). The signature must indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

I. A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, shall not be considered.

J. A bidder may withdraw their bid by submitting a written withdrawal request to the DMV, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

K. The DMV may modify this IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

L. Bidders are cautioned to not rely on the DMV during the evaluation to discover and report to the bidder any defects and errors in the submitted documents. Bidders, before submitting their documents, should carefully proof them for errors and adherence to the IFB requirements.

M. Where applicable, bidders should carefully examine work sites and specifications. Bidders shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the contract amount shall be made due to a lack of careful examination of work sites and specifications.

N. Bidders should be aware that marking a document "confidential" or "proprietary" in a bid may exclude a bid from consideration for award and will not keep that document from being released after notice of award as part of the public record, unless a court has ordered the DMV not to release the document. Any disclosure of confidential information provided by a bidder is a basis for rejecting the bidder’s bid and ruling the bidder ineligible to further participate.

5. Bid Opening

A. For security reasons, if you plan to attend the public bid opening, you must call the contact person indicated on the cover page of this IFB no less than 24 hours prior to the bid opening date and time so that arrangements can be made for entrance into the DMV building.

B. The bid opening shall be held at: DMV Headquarters East Building (meet in lobby area), 2415 First Avenue, Sacramento, CA 95818.

6. Disposition of Bids

A. All documents submitted in response to this IFB shall become the property of the State of California, and shall be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.). However, the contents of all proposals, draft bids, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a bidder's bid, shall be held in the strictest confidence until notice of award is released. The content of all working papers and discussions relating to a bid shall be held in confidence indefinitely, unless the public's interest is best served by an item’s disclosure because of its direct pertinence to a decision, agreement, or evaluation of a bid.

B. Bid packages may be returned only at the bidder's expense, unless such expense is waived by the DMV.

7. Evaluation and Selection

A. Each bid shall be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

B. The DMV shall put each bid through a process of evaluation to determine its responsiveness to the DMV's needs.

C. The DMV reserves the right to reject all bids for reasonable cause. If all bids are too high, the agency is not required to award a contract.

D. Bids that contain false or misleading statements, or which provide references that do not support an attribute or condition claimed by the bidder, may be rejected. If, in the opinion of the DMV, such information was intended to mislead the DMV in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this IFB, it shall be the basis for rejection of the bid.

E. A bid may be rejected if it is conditional or incomplete. The DMV may reject any or all bids and may waive any immaterial deviation in a bid. The DMV's waiver of immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the contract.

F. A bid may be rejected if it contains any alterations of form or other irregularities of any kind.

The DMV does not accept alternate contract language from prospective contractors. Bids with such language shall be considered a counter proposal and shall be rejected. The State’s General Terms and Conditions (GTC) are not negotiable. The GTC may be viewed on the internet at: http://www.dgs.ca.gov.

G. The final selection shall be made on the basis of the lowest responsible responsive bid. In the event there is tie, each of the tied bidders shall be contacted by the contact person indicated on the cover page of this IFB regarding a date and time for a flip of a coin. The bidder whose bid was received first shall make the call. Bidders or their authorized representative(s) are allowed to be present for the flip of the coin.

8. Notice of Intent to Award Contract

A. Upon written request by any bidder via email, fax, regular mail, or personal delivery prior to award of the contract, the DMV shall email or fax bidders and post in a public accessible place, a written notice of intent to award contract no less than five (5) DMV business days prior to awarding the contract. All written requests must be submitted to and received by the contact person indicated on the cover page of this IFB prior to award of the contract.

B. Whenever a contract is awarded under a procedure which provides for competitive bidding, but the contract is not to be awarded to the lowest bidder, the DMV shall:

(1). Notify the lowest bidder in writing by email, fax, overnight courier, or personal delivery no less than five (5) DMV business days prior to the award of the contract.

9. Protest

A. If any bidder, prior to the award of the contract, files an initial protest with the DMV and the Department of General Services (DGS) on the grounds that the protesting bidder is the lowest responsive responsible bidder, the contract shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

B. Within five (5) calendar days after filing an initial protest with the DMV and DGS, the protesting bidder shall file a full and complete written statement with the DMV and DGS specifying the grounds for the protest, including: the IFB number, the name of the State agency involved, and the agency contract person. Protestants should also include their fax number if they have one.

C. A written protest must be sent by regular mail, fax, courier, or personal delivery to both of the following:

Department of General Services Office of Legal Services Attn: Protest Coordinator 707 3rd Street 7th Floor West Sacramento, CA 95605 Fax: (916) 376-5088

Department of Motor Vehicles Contract Services Section Attn: Contract Officer 2415 First Avenue, MS: E112 Sacramento, CA 95818 Fax: (916) 657-2387 or (916) 657-5936

10. Notice of Contract Award

A. The DMV shall email, fax, or mail bidding contractors a written notice of contract award.

11. Standard Conditions of Service

A. Following the release of the written notice of contract award, the DMV shall email, fax, or mail the awarded contractor a prepared contract for signature that includes a cover letter instructing the awarded contractor on how to proceed. The cover letter may request that additional information and/or required documents be provided by the awarded contractor before the contract can be fully executed.

B. Services shall be available on the expressed date set by the DMV after all approvals have been obtained and the contract is fully executed.

C. All performance under the contract shall be completed on or before the termination date of the contract.

D. No oral understanding or agreement shall be binding on either party.

12. Required Documents (Awarded Contractor)

A. Prior to approval of the contract, the awarded contractor shall provide the DMV with all of the following required documents within fifteen (15) calendar days after the contract has been forwarded to the awarded contractor for signature. If the awarded contractor fails to provide the DMV with all of the following required documents within the above specified number of calendar days after the contract has been forwarded to the awarded contractor for signature, the DMV may deem the awarded contractor as non-responsive and may rescind the contract award:

(1). Contractor Certification Clauses

a. The awarded contractor shall sign and submit to the DMV, page one (1) of the Contractor Certification Clauses (CCC) which can be found on the Internet at:

http://www.dgs.ca.gov.

(2). Insurance Requirements

a. The awarded contractor shall provide the DMV with all of the following certificate(s) of insurance (Note: The DMV shall not be responsible for any premiums or assessments on insurance policies):

1. Commercial General Liability

A. Coverage shall provide limits of not less than $1,000,000.00 per occurrence for bodily injury and property damage liability combined. The policy shall include coverage for liabilities arising out of premises operations, independent contractors, products/completed operations, personal & advertising injury and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s limit of liability.

B. The insurance policy shall include the following additional insured endorsement that shall be supplied under form acceptable to DGS, Office of Risk and Insurance Management (ORIM):

(1). The State of California, its officers, agents and employees are included as additional insured, but only with respect to work performed for the State of California.

2. Worker’s Compensation

A. Employer liability limits of not less than $1,000,000.00 are required if the awarded contractor employs any person, in any manner, that is subject to the Workers Compensation Laws of California. The awarded contractor shall maintain statutory workers compensation and employer’s liability coverage for all of its employees who will be engaged in the performance of the contract. If the awarded contractor does not employ any person, in any manner, so as to not become subject to the Workers’ Compensation laws of California, the awarded contractor shall contact the DMV Contract Administrator to request a Workers’ Compensation Exemption Certification form. This form shall be completed by the awarded contractor and submitted to the DMV prior to approval of the contract.

B. The awarded contractor’s workers compensation insurance policy shall be endorsed with a waiver of subrogation in favor of the State of California in the event the awarded contractor employs any person, in any manner, that is subject to the Workers Compensation Laws of California.

13. Bid Preference(s)

A. The following preferences are applicable to this IFB:

(1). Small Business Enterprise (SBE) Preference

a. SBE Preference information can be found at the following internet web site:

http://www.dgs.ca.gov.

DO NOT COMPLETE OR SUBMIT WITH YOUR BID!

STATE OF CALIFORNIA

STANDARD AGREEMENT

STD 213 (Rev 06/03) AGREEMENT NUMBER

REGISTRATION NUMBER

1. This Agreement is entered into between the State Agency and the Contractor named below:

STATE AGENCY’S NAME

Department of Motor Vehicles

CONTRACTOR’S NAME

2. The term of this Agreement is:

3. The maximum amount of this Agreement is:

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A – Scope of Work page(s)

Exhibit B – Budget Detail and Payment Provisions page(s)

Exhibit C – General Terms and Conditions page(s)

Exhibit D – Special Terms and Conditions page(s)

Exhibit E – Additional Provisions page(s)

Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CONTRACTOR

California Department of General

Services Use Only

CONTRACTOR’S NAME (if other than individual, state whether a corporation, partnership, etc.)

BY (Authorized Signature)

DATE SIGNED (Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNED

ADDRESS

STATE OF CALIFORNIA

AGENCY NAME

Department of Motor Vehicles BY (Authorized Signature)

DATE SIGNED (Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNED

ADDRESS

2415 First Avenue, MS: E112, Sacramento, CA 95818-2606

EXHIBIT A

SCOPE OF WORK

1. Contractor’s Full Business Name (to be completed by the DMV), hereafter referred to as the Contractor, agrees to provide to the Department of Motor Vehicles (DMV), all labor, tools, materials, equipment, and Contractor travel necessary to conduct Contractor-delivered training courses on an as-needed basis for the term of this Agreement. All training course curriculum provided by the Contractor shall be specific to the discipline of information technology software, networks, security, web applications, and social networking. This Agreement excludes the use of partner-delivered training courses. All Contractor-delivered training courses shall be those that are normally available to commercial customers. The DMV does not guarantee a minimum or maximum use of Contractor-delivered training courses during the term of this Agreement.

2. The Contractor shall utilize the following training course delivery methods during the term of this Agreement.

A. Open enrollment classroom training courses for individual participants.

B. Classroom training courses for DMV dedicated groups.

C. Open enrollment instructor-led live online training courses for individual participants.

D. Self-paced online training courses for individual participants.

3. The Project Managers during the term of this Agreement shall be:

Department of Motor Vehicles Contractor Name (TBD)

Name: TBD Name: TBD

Phone: TBD Phone: TBD

Fax: TBD Fax: TBD

Email: TBD.. Email: TBD

4. The Contract Administrators during the term of this Agreement shall be:

Department of Motor Vehicles Contractor Name (TBD)

Name: Anne Mearlon Name: TBD

Address: 2415 First Avenue, MS: E112 Sacramento, CA 95818

Address: TBD

Phone: (916) 657-0997 Phone: TBD

Fax: (916) 657-2387 Fax: TBD

Email: anne.mearlon@dmv.ca.gov Email: TBD

5. Detailed description of work to be performed and duties of all parties:

A. GENERAL

(1). TRAINING COURSES

a. The Contractor shall authorize the DMV to register for and attend the following Contractor delivered training course offerings or comparable Contractor delivered training course offerings throughout the term of this Agreement:

COURSE TITLE

A1 IBM Security QRadar SIEM 7.2 Administration and Configuration

A2 TSHOOT – Troubleshooting and Maintaining Cisco IP Networks v2.0

A3 F5 Config BIG-IP (LTM)

A4 Voice Over IP Foundation

A5 Com TIA Advanced Security Practitioner

A6 Requirements Development, Documentation and Management

A7 Creativity and Inovation: Unleash Your Potential for Greater Success

A8 Troubleshoot TCP/IP Networks w/Wirework

A9 ARCH – Designing Cisco Network Service Architectures v3.0

A10 Firewall 2.0 – Deploying Cisco ASA Firewall Solutions

A11 IBM QRadar Incident Forensics Configuration and Usage

A12 IBM WebSphere MQ V7 System Administration for z/OS

A13 Legal Issues in Info Security

A14 Security Strategies in Web Applications and Social Networking

A15 Cybersecurity Investigations & Network Forensics

A16 IBM Security QRadar SIEM Foundations Classes (BQ102G)

b. The Contractor shall provide all of the following information for Contractor delivered training course offerings:

1. Title,

2. Description,

3. Format,

4. Length,

5. Mandatory and desirable prerequisites,

6. Minimum and maximum number of participants per course,

7. Location(s) where training course is offered,

8. Schedule,

9. Price per participant/group.

(2). TRAINING COURSE MATERIALS

a. The Contractor shall provide and deliver all hardcopy and/or electronic training course materials (i.e. manuals, handbooks, texts, etc.) normally provided with training course offerings to all training course participants at no additional cost to the DMV. All hardcopy training course materials shall be new and not photocopied. All provided hardcopy and/or electronic training course materials shall become the property of the training course participants upon completion of each training course. Notwithstanding the foregoing, training course participants shall receive no intellectual property rights embodied within the course materials, and may only use the course materials for reference purposes in accordance with applicable copyright law.

(3). CERTIFICATES OF COMPLETION

a. Following the completion of a training course, the Contractor shall issue a certificate of completion to all participants that successfully completed the training course. Each certificate of completion shall include the name of the training course, the date of the training course, the participant’s name, and the training vendor’s name.

b. The Contractor shall provide the DMV Project Manager (or their authorized representative) with a copy of all certificates of completion issued to participants within 14 DMV business days following the completion of each training course.

(4). REGULAR DMV BUSINESS DAYS

a. Where specified in this Section, regular DMV business days are Monday through Friday, excluding State holidays.

B. OPEN ENROLLMENT CLASSROOM TRAINING COURSES FOR INDIVIDUAL

PARTICIPANTS

(1). LOCATION

a. The Contractor shall provide training courses at any of the following locations:

1. The Contractor’s training facility within the State of California;

2. A facility secured by the Contractor within the State of California that is not owned, rented, or leased by the State of California.

(2). SCHEDULE

a. The Contractor shall determine the dates and times for all training courses.

(3). REGISTRATION

a. The Contractor shall provide an online training course registration system for training courses.

b. The DMV shall enroll participants for training courses via the Contractor’s online training course registration system.

c. The Contractor shall provide the DMV with email confirmations of enrollment within three (3) regular DMV business days following online enrollment.

(4). REASONABLE ACCOMODATION

a. The Contractor shall provide a reasonable accommodation for training course participants under the terms of the Americans with Disabilities Act of 1990. The Contractor shall consult directly with training course participants that request a reasonable accommodation to determine their necessary accommodation. The Contractor shall provide an additional seat for an assistant, if needed, at no additional cost to the DMV.

(5). CONTRACTOR INITIATED CANCELLATIONS (TRAINING COURSES)

a. In the event the Contractor initiates a training course cancellation no less than five (5) regular DMV business days prior to the scheduled start date of a training course, the Contractor shall, per the written direction of the DMV:

1. Cancel the training course request for each enrolled participant and refund the DMV the full training course cost for each enrolled participant at no cost to the DMV.

OR

2. Reschedule the training course for each enrolled participant to a mutually agreed upon date and time at no cost to the DMV. (Remove if not applicable.)

b. In the event the Contractor initiates a training course cancellation less than five (5) regular DMV business days prior to the scheduled start date of a training course or on the scheduled start date of a training course prior to the scheduled start time of the training course, the Contractor shall, per the written direction of the DMV:

1. Cancel the training course request for each enrolled participant and refund the DMV the full training course cost for each enrolled participant at no cost to the DMV. The Contractor shall reimburse the DMV for all applicable noncancellable DMV travel costs incurred at rates not to exceed those amounts paid to the DMV’s represented employees under collective bargaining agreements currently in effect.

OR

2. Reschedule the training course for each enrolled participant to a mutually agreed upon date and time at no cost to the DMV. The Contractor shall reimburse the DMV for all applicable noncancellable DMV travel costs incurred at rates not to exceed those amounts paid to the DMV’s represented employees under collective bargaining agreements currently in effect.

c. In the event the Contractor fails to initiate a training course cancellation prior to the scheduled start time of a training course, the Contractor shall, per the written direction of the DMV:

1. Cancel the training course request for each enrolled participant and refund the DMV the full training course cost for each enrolled participant at no cost to the DMV. The Contractor shall reimburse the DMV for all applicable noncancellable DMV travel costs incurred at rates not to exceed those amounts paid to the DMV’s represented employees under collective bargaining agreements currently in effect.

OR

2. Reschedule the training course for each enrolled participant to a mutually agreed upon date and time at no cost to the DMV. The Contractor shall reimburse the DMV for all applicable noncancellable DMV travel costs incurred at rates not to exceed those amounts paid to the DMV’s represented employees under collective bargaining agreements currently in effect.

(6). DMV INITIATED CANCELLATIONS (ENROLLED PARTICIPANTS)

a. The DMV shall initiate all training course cancellations for enrolled participants via email to roderick.kelly@globalknowledge.com or via telephone at

(919) 461-8634.

b. In the event the DMV initiates a training course cancellation for an enrolled participant no less than 16 regular DMV business days prior to the scheduled start date of a training course, the Contractor shall, per the written direction of the

DMV:

1. Cancel the training course request for the enrolled participant and refund the DMV the full training course cost for the enrolled participant at no cost to the DMV.

OR

2. Reschedule the training course for the enrolled participant to a mutually agreed upon date and time at no cost to the DMV.

OR

3. Authorize the DMV to substitute the enrolled participant with an alternate participant that meets the training course prerequisites (if applicable) at no cost to the DMV.

c. In the event the DMV initiates a training course cancellation for an enrolled participant less than 16 regular DMV business days prior to the scheduled start date of a training course or on the scheduled start date of a training course prior to the scheduled start time of the training course, the Contractor shall, per the written direction of the DMV:

1. Cancel the training course request for the enrolled participant and retain a cancellation penalty equal to the full training course cost for the enrolled participant.

OR

2. Reschedule the training course for the enrolled participant to a mutually agreed upon date and time at no cost to the DMV.

OR

3. Authorize the DMV to substitute the enrolled participant with an alternate participant that meets the training course prerequisites (if applicable) at no cost to the DMV.

d. In the event the DMV fails to initiate a training course cancellation for an enrolled participant prior to the scheduled start time of a training course, the Contractor shall, per the written direction of the DMV:

1. Cancel the training course request for the enrolled participant and retain a cancellation penalty equal to the full training course cost for the enrolled participant.

C. CLASSROOM TRAINING COURSES FOR DMV DEDICATED GROUPS

(1). PARTICIPANTS

a. The Contractor shall provide training courses for no less than six (6) participants and no more than 20 DMV participants.

(2). LOCATION

a. The Contractor shall provide training courses at any of the following locations as mutually agreed upon with the DMV.

1. The Contractor’s training facility within the State of California;

2. The following DMV training facilities:

DMV TRAINING FACILITIES

LOCATION NAME ADDRESS

Department of Motor Vehicles, Headquarters Annex Building

2120 Broadway Sacramento, CA 95818

(3). SCHEDULE

a. The Contractor and the DMV shall mutually agree upon the dates and times for all training courses. The Contractor shall determine the length and agenda for all training courses.

b. The Contractor shall provide all training courses on regular DMV business days between the hours of 8:00AM to 5:00PM.

(4). REGISTRATION

a. The DMV shall register for training courses via email or telephone communication with the Contractor.

(5). REASONABLE ACCOMODATION

a. The Contractor shall provide a reasonable accommodation for training course participants under the terms of the Americans with Disabilities Act of 1990. The Contractor shall consult directly with training course participants that request a reasonable accommodation to determine their necessary accommodation. The Contractor shall provide an additional seat for an assistant, if needed, at no additional cost to the DMV.

(6). CONTRACTOR INITIATED CANCELLATIONS (TRAINING COURSES)

a. In the event the Contractor initiates a training course cancellation no less than five (5) regular DMV business days prior to the scheduled start date of a training course, the Contractor shall, per the written direction of the DMV:

1. Cancel the training course request for each enrolled participant and refund the DMV the full training course cost for each enrolled participant at no cost to the DMV.

OR

2. Reschedule the training course for each enrolled participant to a mutually agreed upon date and time at no cost to the DMV. (Remove if not applicable.)

b. In the event the Contractor initiates a training course cancellation less than five (5) regular DMV business days prior to the scheduled start date of a training course or on the scheduled start date of a training course prior to the scheduled start time of the training course, the Contractor shall, per the written direction of the DMV:

1. Cancel the training course request for each enrolled participant and refund the DMV the full training course cost for each enrolled participant at no cost to the DMV. In the event training was scheduled to be provided at the Contractor’s training facility, the Contractor shall reimburse the DMV for all applicable noncancellable DMV travel costs incurred at rates not to exceed those amounts paid to the DMV’s represented employees under collective bargaining agreements currently in effect.

OR

2. Reschedule the training course for each enrolled participant to a mutually agreed upon date and time at no cost to the DMV. In the event training was originally scheduled to be provided at the Contractor’s training facility, the Contractor shall reimburse the DMV for all applicable noncancellable DMV travel costs incurred at rates not to exceed those amounts paid to the DMV’s represented employees under collective bargaining agreements currently in effect.

c. In the event the Contractor fails to initiate a training course cancellation prior to the scheduled start time of a training course, the Contractor shall, per the written direction of the DMV:

1. Cancel the training course request for each enrolled participant and refund the DMV the full training course cost for each enrolled participant at no cost to the DMV. In the event training was scheduled to be provided at the Contractor’s training facility, the Contractor shall reimburse the DMV for all applicable noncancellable DMV travel costs incurred at rates not to exceed those amounts paid to the DMV’s represented employees under collective bargaining agreements currently in effect.

OR

2. Reschedule the training course for each enrolled participant to a mutually agreed upon date and time at no cost to the DMV. In the event training was originally scheduled to be provided at the Contractor’s training facility, the Contractor shall reimburse the DMV for all applicable noncancellable DMV travel costs incurred at rates not to exceed those amounts paid to the DMV’s represented employees under collective bargaining agreements currently in effect.

(7). DMV INITIATED CANCELLATIONS (TRAINING COURSES)

a. The DMV shall initiate all training course cancellations via email to roderick.kelly@globalknowledge.com or via telephone at (919) 461-8634.

b. In the event the DMV initiates a training course cancellation no less than 20 regular DMV business days prior to the scheduled start date of a training course, the Contractor shall, per the written direction of the DMV:

1. Cancel the training course request for each enrolled participant and refund the DMV the full training course cost for each enrolled participant at no cost to the DMV.

OR

2. Reschedule the training course for each enrolled participant to a mutually agreed upon date and time at no cost to the DMV.

c. In the event the DMV initiates a training course cancellation less than 10 regular DMV business days prior to the scheduled start date of a training course or on the scheduled start date of a training course prior to the scheduled start time of the training course, the Contractor shall, per the written direction of the DMV:

1. Cancel the training course request for each enrolled participant and refund the DMV the full training course cost for each enrolled participant less a cancellation penalty equal to 50% of the full training course cost for each enrolled participant. In the event training was scheduled to be provided at a DMV training facility, the DMV shall reimburse the Contractor for all applicable noncancellable Contractor travel costs incurred at rates not to exceed those amounts paid to the DMV’s represented employees under collective bargaining agreements currently in effect.

OR

2. Reschedule the training course for each enrolled participant to a mutually agreed upon date and time, and invoice the DMV a rescheduling penalty equal to 50% of the full training course cost for each enrolled participant.

In the event training was originally scheduled to be provided at a DMV training facility, the DMV shall reimburse the Contractor for all applicable noncancellable Contractor travel costs incurred at rates not to exceed those amounts paid to the DMV’s represented employees under collective bargaining agreements currently in effect.

d. In the event the DMV fails to initiate a training course cancellation prior to the scheduled start time of a training course, the Contractor shall, per the written direction of the DMV:

1. Cancel the training course request for each enrolled participant and retain a cancellation penalty equal to the full training course cost for each enrolled participant. In the event training was scheduled to be provided at a DMV training facility, the DMV shall reimburse the Contractor for all applicable noncancellable Contractor travel costs incurred at rates not to exceed those amounts paid to the DMV’s represented employees under collective bargaining agreements currently in effect.

D. OPEN ENROLLMENT INSTRUCTOR-LED LIVE ONLINE TRAINING COURSES FOR

INDIVIDUAL PARTICIPANTS

(1). SCHEDULE

a. The Contractor shall determine the dates and times for all training courses.

(2). REGISTRATION

a. The Contractor shall provide an online training course registration system for training courses.

b. The DMV shall enroll participants for training courses via the Contractor’s online training course registration system.

c. The Contractor shall provide the DMV with email confirmations of enrollment within three (3) regular DMV business days following online enrollment.

(3). CONTRACTOR INITIATED CANCELLATIONS (TRAINING COURSES)

a. In the event the Contractor initiates a training course cancellation no less than three (3) regular DMV business days prior to the scheduled start date of a training course, the Contractor shall, per the written direction of the DMV:

1. Cancel the training course request for each enrolled participant and refund the DMV the full training course cost for each enrolled participant at no cost to the DMV.

OR

2. Reschedule the training course for each enrolled participant to a mutually agreed upon date and time at no cost to the DMV.

b. In the event the Contractor initiates a training course cancellation less than three (3) regular DMV business days prior to the scheduled start date of a training course or on the scheduled start date of a training course prior to the scheduled start time of the training course, the Contractor shall, per the written direction of the DMV:

1. Cancel the training course request for each enrolled participant and refund the DMV the full training course cost for each enrolled participant at no cost to the DMV.

OR

2. Reschedule the training course for each enrolled participant to a mutually agreed upon date and time at no cost to the DMV.

c. In the event the Contractor fails to initiate a training course cancellation prior to the scheduled start time of a training course, the Contractor shall, per the written direction of the DMV:

1. Cancel the training course request for each enrolled participant and refund the DMV the full training course cost for each enrolled participant at no cost to the DMV.

2. Reschedule the training course for each enrolled participant to a mutually agreed upon date and time at no cost to the DMV.

(4). DMV INITIATED CANCELLATIONS (ENROLLED PARTICIPANTS)

a. The DMV shall initiate all training course cancellations for enrolled participants via email to roderick.kelly@globalknowledge.com or via telephone at

(919) 461-8634.

b. In the event the DMV initiates a training course cancellation for an enrolled participant no less than 16 regular DMV business days prior to the scheduled start date of a training course, the Contractor shall, per the written direction of the

DMV:

1. Cancel the training course request for the enrolled participant and refund the DMV the full training course cost for the enrolled participant at no cost to the DMV.

OR

2. Reschedule the training course for the enrolled participant to a mutually agreed upon date and time at no cost to the DMV.

OR

3. Authorize the DMV to substitute the enrolled participant with an alternate participant that meets the training course prerequisites (if applicable) at no cost to the DMV.

c. In the event the DMV initiates a training course cancellation for an enrolled participant less than 16 regular DMV business days prior to the scheduled start date of a training course or on the scheduled start date of a training course prior to the scheduled start time of the training course, the Contractor shall, per the written direction of the DMV:

1. Cancel the training course request for the enrolled participant and retain a cancellation penalty equal to the full training course cost for the enrolled participant.

OR

2. Reschedule the training course for the enrolled participant to a mutually agreed upon date and time at no cost to the DMV.

OR

3. Authorize the DMV to substitute the enrolled participant with an alternative participant that meets the training course prerequisites (if applicable) at no cost to the DMV.

d. In the event the DMV fails to initiate a training course cancellation for an enrolled participant prior to the scheduled start time of a training course, the Contractor shall, per the written direction of the DMV:

1. Cancel the training course request for the enrolled participant and retain a cancellation penalty equal to the full training course cost for the enrolled participant.

E. SELF-PACED ONLINE TRAINING COURSES FOR INDIVIDUAL PARTICIPANTS

(1). REGISTRATION

a. The Contractor shall provide an online training course registration system for training courses.

b. The DMV shall enroll participants for training courses via the Contractor’s online training course registration system.

c. The Contractor shall provide the DMV with email confirmations of enrollment within three (3) regular DMV business days following online enrollment.

(2). DMV INITIATED CANCELLATIONS (ENROLLED PARTICIPANTS)

a. The DMV shall initiate all training course cancellations for enrolled participants via email to roderick.kelly@globalknowledge.com or via telephone at

(919) 461-8634.

b. In the event the DMV initiates a training course cancellation for an enrolled participant following online enrollment for a training course, the Contractor shall:

1. Cancel the training course request for the enrolled participant and retain a cancellation penalty equal to the full training course cost for the enrolled participant.

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISION

1. Invoice and Payment

A. Following the registration of training courses, the DMV shall compensate the Contractor for training courses in accordance with the participant cost(s) identified in the following table, all taxes included:

ITEM

COURSE TITLE

MAXIMUM

COST PER

PARTICIPANT

A1 IBM Security QRadar SIEM 7.2 Administration and Configuration

$TBD

A2 TSHOOT – Troubleshooting and Maintaining Cisco IP Networks v2.0

$TBD

A3 F5 Config BIG-IP (LTM)

$TBD

A4 Voice Over IP Foundation

$TBD

A5 Com TIA advanced Security Practitioner

$TBD

A6 Requirements Development, Documentation and Management

$TBD

A7 Creativity and Inovation: Unleash Your Potential for Greater Success

$TBD

A8 Troubleshoot TCP/IP Networks w/Wirework

$TBD

A9 ARCH – Designing Cisco Network Service Architectures v3.0

$TBD

A10 Firewall 2.0 – Deploying Cisco ASA Firewall Solutions

$TBD

A11 IBM QRadar Incident Forensics Configuration and Usage

$TBD

A12 IBM WebSphere MQ V7 System Administration for z/OS

$TBD

A13 Legal Issues in Info Security

$TBD

A14 Security Strategies in Web Applications and Social Networking

$TBD

A15 Cybersecurity Investigations & network Forensics

$TBD

A16 IBM Security QRadar SIEM Foundations classes (BQ102G)

$TBD

B. The total compensation for all training courses throughout the term of this Agreement shall not exceed $____ (to be completed by the DMV).

C. Invoice(s) shall be submitted in triplicate and shall include all of the following:

(1). Contractor’s name as indicated within this Agreement, address, telephone number, fax number, and email address.

(2). Name, address, and telephone number of the DMV representative or office indicated within this Agreement to whom the invoice is being mailed or delivered to.

(3). Date the invoice was prepared.

(4). Period of time covered by the invoice.

EXHIBIT B

(5). This Agreement number.

(6). Office name and address where services were provided.

(7). Brief description of the type of services for which the DMV is being billed.

(8). Total amount invoiced (include calculations showing how the total amount invoiced was determined).

D. The Contractor’s invoice(s) shall be mailed or delivered to:

Department of Motor Vehicles Accounts Payable, MS: E109 PO Box 932382 Sacramento, CA 94232-3820

(916) 657-6505

Note: Delivery of an invoice shall be deemed completed when a copy of the invoice has been mailed to the address shown above by deposit with the United States Postal Service in a sealed envelope addressed as shown above with postage fully prepaid, or when a copy of the invoice has been personally delivered to the address shown above.

2. Travel Reimbursement

A. The DMV shall not reimburse the Contractor for travel costs unless otherwise specified in Exhibit A.

3. Budget Contingency Clause

A. The parties mutually agree that if the Budget Act of the current year or any subsequent year covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to the Contractor or furnish any other consideration under this Agreement, and the Contractor shall not be obligated to perform further services under this Agreement.

B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to the Contractor to reflect the reduced amount.

4. Prompt Payment Clause

A. Payment shall be made in accordance with and within the time specified in the California Prompt Payment Act (Government Code Chapter 4.5, commencing with Section 927).

5. Withholding Amounts Owed From Amounts Due

A. In addition to any other remedy available under this Agreement or applicable law, the DMV may dispute an invoice or invoices submitted by the Contractor and withhold amounts owed by the Contractor to the DMV under this Agreement, including but not limited to amounts owed for breach, amounts owed as liquidated damages, and amounts owed due to overpayments from amounts claimed by the Contractor on invoices submitted to the DMV and otherwise owed by the DMV to the Contractor under this Agreement.

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. The General Terms and Conditions (GTC) shall be incorporated into the final agreement by reference on the Standard Agreement form (STD 213). The GTC may be viewed on the internet at:

http://www.dgs.ca.gov. (Please note that this page will not be included in the final contract.)

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Commencement of Work

A. The Contractor shall commence work under this Agreement on the specified start date provided by the DMV Project Manager following the execution of this Agreement by the State. The DMV Project Manager shall provide the Contractor with written notification of the start date prior to the Contractor commencing work under this Agreement.

2. Force Majeure

A. The Contractor shall not be liable for damages caused solely by any act of war, hostilities, civil war, insurrection, or by an unanticipated grave natural disaster or other act of God of an exceptional, inevitable, and irresistible character which could not have been prevented or avoided by the exercise of due care or foresight. When a delay occurs due to any of these unforeseeable causes beyond the control and without the fault or negligence of the Contractor, the time or times of completion of this Agreement may be extended for a period justified by the effect of such delay on the completion of the work.

3. Termination

A. The DMV may terminate this Agreement for any of the following reasons:

(1). The Contractor breaches this Agreement by failing to commence work on the specified or agreed upon start date, and the Contractor’s failure to commence work on the specified or agreed upon start date is not a result of the conditions listed in the “Force Majeure” clause within this Exhibit.

(2). The Contractor breaches this Agreement by failing to perform required work at the time(s) specified or agreed upon, and the Contractor’s failure to perform required work at the time(s) specified or agreed upon is not a result of the conditions listed in the “Force Majeure” clause within this Exhibit or insufficient enrollment.

(3). The Contractor breaches this Agreement by failing to perform required work in the manner required by this Agreement, and the Contractor’s failure to perform required work in the manner required by this Agreement is not a result of the conditions listed in the “Force Majeure” clause within this Exhibit.

(4). The Contractor breaches this Agreement by failing to complete…