AC150_(Capital_Asset)_Movable_Asset_Implementation_in_Oracle_Fixed_Asset_in_e-Business_Suite_(EBS).pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/wsscwater

Washington Suburban Sanitary Commission, MD

99586

AC150 (CAPITAL ASSET)/MOVABLE ASSET IMPLEMENTATION

IN ORACLE FIXED ASSET IN E-BUSINESS SUITE (EBS)

RELEASE DATE: July 15, 2026

RESPONSE DEADLINE: July 27, 2026, 2:00 pm

Please refer to the project timeline in this document for all important deadlines.

#99586

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS)

Table Of Contents

1. Request for Quote

2. Scope of Work

3. Vendor Questionnaire

4. Quote

5. Attachments

6. GENERAL CONDITIONS - PROFESSIONAL SERVICES

Attachments:

A - Fixed Asset Implementation Requirement Specification

B - Fixed Asset Module Customizations Document

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS)

1. Request for Quote

The solicitation is being advertised through the Small Purchase process. At a minimum, the request for quote includes a scope of work. The solicitation will be awarded to the lowest quote or the most advantageous quote as outlined through WSSC’s Procurement Regulations (§ 6.15.330).

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS)

2. Scope of Work

2.1. CONTRACTOR READINESS REQUIREMENTS

The Contractor must provide the following prior to commencement of work:

A. Detailed approach to each use case and interface (including flat file formats and General Ledger integration).

B. Team qualifications (e.g., Oracle-certified professionals, experience with WAM/Dossier/C2M interfaces).

C. References from similar Oracle EBS and interface projects.

D. Risk mitigation plan.

The response provided shall be reviewed and approved by the WSSC's Contract Manager before work may commence.

2.2. SCOPE OF WORK

The Contractor shall perform all activities necessary to implement and operationalize the Oracle EBS Fixed

Assets Module, including data migration of AC150 (Capital Fixed Assets) from spreadsheets, and Movable

Asset Information System (legacy mainframe system) (movable asset data available in Oracle database), and establishing interfaces with specified systems, based on the following use cases and requirements. The scope encompasses design (including configuration and custom coding), development, testing, data migration, interfacing, deployment, training, and knowledge transfer, ensuring seamless integration with WSSC’s Oracle

EBS environment and external systems. This request does not include hardware purchases; it is cloud-based services only.

The following documents are incorporated in the attachments by reference and form an integral part of this

Statement of Work:

A. Fixed Asset Implementation Requirement Specification

B. Fixed Asset Module Customizations Document

2.3. USE CASE REQUIREMENTS

The system must fulfill the following use cases:

A. UC226745: Access the Oracle EBS Fixed Asset Module

Provide role-based access controls for secure entry to the Fixed Assets Module, with authentication integration (e.g., single sign-on compatible with WSSC’s IT infrastructure), user permissions (e.g., read-only, full access for asset managers), and audit logging. Ensure compliance with data privacy regulations applicable to public utilities.

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS)

B. UC224973: Migrate Fixed Asset Data to Oracle EBS

Migrate historical fixed asset data (e.g., buildings, water meters, infrastructure, and pipe assets) from an

Excel file to the Oracle EBS Fixed Assets Module. Perform transformation, loading (ETL), cleansing, deduplication, and validation to ensure accuracy (e.g., matching asset IDs, depreciation schedules).

Provide migration scripts, tools, and reconciliation reports to facilitate seamless data migration.

C. UC224972: Migrate Movable Asset Data to Oracle EBS

Migrate historical movable asset data (e.g., vehicles, equipment) from the Movable Asset Information

System (data available in the Oracle database) to the Oracle EBS Fixed Assets Module. Execute ETL processes, map data fields (e.g., location, serial numbers), and ensure data integrity through quality checks and reconciliation. Develop a pre-configured template, possibly in a spreadsheet, from which, in the future, new movable asset data may be used to upload data into the Fixed Asset Module.

D. UC224968: Create Fixed Asset Information

Enable creation of new fixed asset entries, including water meters, with user-friendly forms for inputting details (e.g., description, cost, location, depreciation method). Include validation rules, bulk import capabilities (e.g., CSV from the Engineering and Construction team), and automated asset ID generation compatible with interface requirements.

E. UC224982: View/Update Fixed Asset Information

Allow viewing and updating of fixed asset and water meter records, featuring search functionalities

(e.g., by asset ID or category), editable fields, approval workflows, and audit trails. Ensure updates trigger automatic recalculations (e.g., depreciation) and are reflected in interfaced systems.

F. UC224984: Create Movable Asset Information

Enable creation of movable asset entries, with fields for mobility-specific data (e.g., location, serial numbers), ensuring compatibility with interface requirements. Include validation rules and automated asset ID generation compatible with interface requirements. Develop a standardized, pre-configured template (preferably in spreadsheet format) for uploading new movable asset data into the Fixed Asset

Module. The template shall include all required fields, data validation rules, and formatting specifications to ensure data integrity during future bulk uploads.

G. UC224997: View/Update Movable Asset Information

Allow viewing and updating of movable asset records, featuring tracking of location changes and real-time updates, supported by audit trails and synchronized with interfaced systems.

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS)

H. UC224983: Generate Asset Information Reports

Configure, develop, and deploy all reporting capabilities as specified in the attached Requirements

Specification document. This includes:

1. Seeded Reports: Configure and enable all Oracle EBS Fixed Assets seeded reports identified in

DATA226577.

2. Custom Reports: Develop Reports as identified in FR226582, DATA227626, FR226583, and

RULE226584.

3. Reports shall support on-demand generation (FR226742), scheduled execution (FR226730), and export to Excel, PDF, and CSV formats (DATA226580).

2.4. INTERFACE REQUIREMENTS

The Oracle EBS Fixed Assets Module must integrate with the following systems to ensure seamless data flow and operational efficiency:

A. Interface between Fixed Asset and Work Asset Management (WAM) via Flat File

Develop a unidirectional flat file interface (CSV) to bring in asset data (e.g., Asset ID) from WAM into the Fixed Assets Module. Include file format specifications, data mapping (e.g., asset ID, status), error handling, and automated scheduling for file transfers (e.g., daily batch processing).

B. Interface between Fixed Asset Module and Engineering and Construction data via Flat File

Develop a standardized, pre-configured template (preferably in spreadsheet format) for uploading asset data from the Engineering and Construction team into the Fixed Asset Module. The template shall include all required fields, data validation rules, and formatting specifications to ensure data integrity during future bulk uploads.

C. Interface between Fixed Asset Module and Movable Asset

Develop a standardized, pre-configured template (preferably in spreadsheet format) for uploading new movable asset data into the Fixed Asset Module. The template shall include all required fields, data validation rules, and formatting specifications to ensure data integrity during future bulk uploads.

D. Interface between Fixed Asset Module and General Ledger Inventory (Oracle EBS Module)

Configure a direct integration within Oracle EBS to synchronize asset transactions (e.g., acquisitions, depreciation, disposals) with the General Ledger. Ensure accurate posting of financial entries (e.g., asset costs, depreciation expenses) and compliance with GAAP. Validate data consistency and provide reconciliation reports to ensure correct data.

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS)

E. Interface between Fixed Asset Module and Dossier via Flat Fee

Develop a flat file interface to load assets (such as Vehicle Identification Number (VIN), acquisition date, Asset ID, vehicle price) from Dossier. Include data transformation rules, validation checks, and error logging to ensure data accuracy and traceability.

F. Interface between Fixed Asset Module and Customer-to-Meter (C2M) via Flat Fee

Implement a flat file interface to load water meter disposal data in the Fixed Assets Module from C2M.

Support data fields (e.g., meter size, number of units) and ensure secure, automated file transfers with error reporting.

2.5. ADDITIONAL SCOPE ELEMENTS

A. Testing: Conduct unit, integration, User Acceptance Testing (UAT), and performance testing for the module and all interfaces, with test plans, scripts, and defect resolution.

B. Training and Documentation: Provide end-user training (e.g., for 20–50 WSSC staff), administrator guides, and interface-specific documentation (e.g., flat file formats, error codes).

C. Support: Offer 6–12 months of post-go-live support, including bug fixes, interface maintenance, and minor enhancements.

D. Non-Functional Requirements: Ensure 99.9% uptime, data security (encryption, role-based access), scalability for future asset growth, and accessibility (e.g., WCAG compliance).

2.6. DELIVERABLES

A. Project Plan: Detailed timeline, milestones, and resource allocation (within 2 weeks of contract award).

B. Design Document: Design documentation.

C. Migrated Data Sets: Cleaned and loaded data from AC150 and Movable Asset systems, with validation reports.

D. Pre-configure templates for future data uploads (Fixed Asset and Movable Asset).

E. Configured Module and Interfaces: Fully operational Oracle EBS Fixed Assets Module with all use cases and interfaces (WAM, General Ledger, Inventory, Dossier, C2M).

F. Test Reports: Results from unit, integration, interface, and UAT, with 95% success rate.

G. Reports and Interfaces: Custom reports (UC224983) and interface configurations (e.g., flat file transfer scripts).

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS)

H. Training Materials: Training sessions, manuals, and knowledge transfer documentation, including interface operations.

I. Final Report: Project closure with lessons learned, interface performance metrics, and handover.

2.7. TIMELINE AND MILESTONES

Phase 1: Planning and Design (1 Month): Requirements gathering, migration planning, interface specifications.

Phase 2: Development and Migration (Months 2–4): Data migration (UC224973, UC224972), module configuration (UC224968, UC224982, UC224984, UC224997), interface development (WAM, General Ledger, Dossier, C2M).

Phase 3: Testing and Reporting (Months 4–5): Testing all use cases and interfaces, report development

(UC224983).

Phase 4: Deployment and Training (Month 6): Go-live, training (including interface operations), initial support.

Milestones:

A. Data migration complete (Month 4)

B. Interface testing complete (Month 5)

C. UAT sign-off (Month 6)

D. Project closure (Month 6).

2.8. ASSUMPTIONS AND CONSTRAINTS

A. Assumptions: WSSC will provide access to AC150, Movable Asset, WAM, Dossier, C2M, and Oracle

EBS environment. Legacy data is generally clean; however, additional cleansing may be necessary.

Interface specifications (e.g., flat file formats) will be provided or jointly defined.

B. Constraints: Project completion within 6 months. Compliance with Oracle licensing, WSSC IT policies, and data privacy regulations.

2.9. ROLES AND RESPONSIBILITIES

A. Contractor: Lead implementation, provide Oracle EBS and interface expertise, manage delivery, and ensure quality.

B. WSSC Project Manager: Provide data access, interface specifications, review deliverables, participate in testing, and approve milestones.

C. Governance: Joint steering committee between WSSC and the awarded Contractor, with bi-weekly status meetings to monitor progress, including interface development.

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS)

2.10. ACCEPTANCE CRITERIA

The following must be provided and accepted before payment

A. All use cases are operational with a 95% UAT success rate.

b. Data migration accuracy: 99% validation match.

c. Interface performance: Flat file transfers complete within [5 minutes per batch]; General Ledger postings are accurate and GAAP-compliant.

d. System performance: Query response time <2 seconds.

e. Reports: Accurate, GAAP-compliant, exportable.

f. Training: 80% user satisfaction score.

g. Sign-off via formal acceptance forms

2.11. CONTRACT TERM

A. The Contract shall be for a period of eighteen (18) months from the date of contract execution

B. Fixed Asset Implementation: This is a one-time service; the awarded Contractor shall provide an estimated project timeline for completion that the WSSC Project Manager must accept before the commencement of work.

C. Once the Purchase Order/Contract Purchase Agreement is issued, the awarded Contractor shall commence the work within approximately 4 weeks and bill WSSC after 30 days from the commencement and acceptance of work.

D. Support: 6-12 months of post-go-live support, including bug fixes, interface maintenance, and minor enhancements.

2.12. PRICING, PAYMENT, AND INVOICING PROCEDURES

The awarded Contractor shall provide separate written notices to APInvoices@wsscwater.com and

IT_Invoices@wsscwater.com upon completion of each deliverable. WSSC will review each deliverable for acceptance. Invoicing shall be based on WSSC's acceptance and approval of the completed deliverables.

Invoices shall include documentation for work completed for which payment is requested.

2.13. CONTRACT MANAGEMENT

A. WSSC will designate staff to manage day-to-day contract activities, including receiving and inspecting deliverables, testing, and accepting the goods or services provided hereunder per the terms and conditions, directing the Contractor's work, evaluating performance, and certifying all invoices and vouchers for acceptance of the goods or services furnished for payment.

B. These designated staff cannot change the contract terms, pricing, or requirements-all modifications must be formalized through a written Contract Amendment before any changed work can begin.

C. All written communication about this contract must reference the Contract and Purchase Order.

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS)

D. Change orders may be issued to this Contract per WSSC Water’s General Conditions, Article 20, “Change

Orders.” Written communication regarding this contract to the IT Contract Administrator shall refer to the contract and/or purchase order number.

2.14. SERVICE LOCATION

Services shall be provided remotely or at WSSC’s RGH Support Center at 14501 Sweitzer Lane, Laurel, Maryland 20707, as requested.

2.15. BASIS OF AWARD

Award shall be made to the responsive and responsible Vendor that meets all requirements and offers the lowest overall price.

WSSC intends to make a single award.

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS)

3. Vendor Questionnaire

1. PRICE PROPOSAL*

The vendor shall provide price breakdown and attach it here

*Response required

2. CERTIFICATE OF INSURANCE *

Please upload your up-to-date Certificate of Insurance here

*Response required

3. APPENDIX C: SUBMISSION FORMS

3.1. CONSENT TO USE OF ELECTRONIC SIGNATURE*

Please download the below documents, complete, and upload.

• CONSENT_TO_USE_OF_ELECTRONI...

*Response required

3.2. CERTIFIED INSURANCE CONFIRMATION*

I certify that I will have on file within 10 days of Notice of Award, Certificates of Insurance acceptable to the Commission, meeting all requirements set forth in the Contract Document.

☐ Please confirm

*Response required

3.3. CONTRACT CERTIFICATION AFFIDAVIT*

Please download the below documents, complete, and upload.

• CONTRACT_CERTIFICATION_AFFI...

*Response required

3.4. IRAN INVESTMENT ACTIVITY CERTIFICATION**

Please download the below documents, complete, and upload.

• IRAN_INVESTMENT_ACTIVITY_CE...

*Response required

3.5. Consultant Conflict of Interest Affidavit *

Please download the below documents, complete, and upload.

• Consultant_Conflict_of_Inte...

*Response required

4. CONFIRMATION STATEMENTS

https://government-project.s3.us-west-2.amazonaws.com/283289/5672138f-23dc-4992-83e0-d19f3e78686c_CONSENT_TO_USE_OF_ELECTRONIC_SIGNATURE_%2819%29.pdf https://government-project.s3.us-west-2.amazonaws.com/283289/0644cbfe-a5fd-49fb-b9d8-c34457b93daf_CONTRACT_CERTIFICATION_AFFIDAVIT.pdf https://government-project.s3.us-west-2.amazonaws.com/283289/5a508876-3761-4783-898c-4dab6982ff48_IRAN_INVESTMENT_ACTIVITY_CERTIFICATION.pdf https://government-project.s3.us-west-2.amazonaws.com/283289/0f0fadf3-a0cc-4536-bcda-2dbb13f69d3a_Consultant_Conflict_of_Interest_Affidavit.pdf

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS)

4.1. If not currently registered, register at www.wsscwater.com/supplier and provide a confirmation statement that you have registered if an identification number has not been provided to you at the time of bid. Please ensure all subcontractors are also registered at the time of bid.**

*Response required

4.2. Prompt Payment Discount*

☐ 1% - 20 Days

☐ 2% - 15 Days

☐ Net 30 Days

*Response required

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS)

4. Quote

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 AC150 (Capital Asset)/Moveable

Asset Implementation in Oracle Fixed

Asset in e-Business Suite (EBS)

1 Lump Sum

TOTAL

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS)

6. GENERAL CONDITIONS - PROFESSIONAL SERVICES

6.1. CONTRACT DOCUMENTS

A. The Contract Documents include WSSC's Procurement Regulations (WSSC Code of Regulations, Title

6, Chapter 6.15), the Solicitation, Bonds, Notice of Award, Notice to Proceed, Change Orders, Drawings

(when applicable), Certificate of Substantial Completion, Specifications, these General Conditions, Special Conditions, Standard Details, Amendments, Addenda, Contract Execution Page, Appendix A from the Solicitation, Appendix B from the Solicitation, Appendix C forms completed by the

CONSULTANT, and Federal Contract Provisions when required.

B. The intent of the Contract Documents is that the CONSULTANT shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the Work in accordance with the

Contract Documents and all incidental work necessary to complete the Project acceptable manner, ready for use, occupancy, or operation by the COMMISSION.

C. In resolving conflicts, errors, and discrepancies within the Contract Documents, the Documents shall be given precedence in the following order:

Federal Contract Provisions (only if identified and incorporated in the Contract Documents)

WSSC Procurement Regulations

Change Orders

Amendments

Addenda

Special Conditions

General Conditions

Contract Execution Page

Notice to Proceed

Notice of Award

Specifications/Statement of Work

Drawings (when applicable)

Appendix B to the Solicitation (Insurance & Bonding Requirements)

Appendix A to the Solicitation (MBE and/or SLBE requirements)

Appendix C to the Solicitation (Commission Forms completed by CONSULTANT)

6.2. ACCESS TO INFORMATION, PERSONNEL, COMMISSION FACILITIES

A. The COMMISSION shall furnish to the CONSULTANT all information and personnel that the

CONSULTANT shall deem pertinent in the execution of the Work under this Contract.

B. The COMMISSION shall assist and make provisions for the CONSULTANT to enter upon

COMMISSION facilities as required for the CONSULTANT to perform work under this Contract.

6.3. WORKING HOURS

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS)

A. The CONSULTANT will only be permitted access to the COMMISSION's facilities only during the working hours indicated in the scope of work.

B. If it becomes necessary for the CONSULTANT to perform work during COMMISSION non-working hours, permission to work must be granted by the Project/Contract Manager. The CONSULTANT will be required to furnish to the Project/Contract Manager a list of the CONSULTANT's employees who will be working. No additional compensation shall be paid for hours worked during non-working hours.

6.4. HOLIDAYS

A. Access to Commission facilities will be denied on holidays. It is the responsibility of the CONSULTANT to determine on which specific dates these holidays are observed by the Commission.

B. The Commission observes the following holidays: New Year's Day (Observed), Martin Luther King Jr.'s

Birthday, President's Day, Memorial Day, Juneteenth (Observed), Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Day

(Observed), General Election Day (even numbered years) and Inauguration Day.

6.5. TIME EXTENSION

A. All time extensions approved by the COMMISSION will be issued in writing as a formal change to the

Contract and as described in "Changes" herein. Failure to perform all work in accordance with the schedule, except where approved extensions exist, will be taken into consideration when evaluating the

CONSULTANT for future work with the COMMISSION.

6.6. COMPENSATION

A. Any costs incurred by the CONSULTANT in excess of the agreed upon compensation and without the issuance of a formal written change order shall not be paid by the COMMISSION.

B. The CONSULTANT will submit periodic invoices for payment, but not more frequently than monthly, for work and services performed under this Contract. Such invoices shall be prepared by the

CONSULTANT supplemented and accompanied by supporting data, which is satisfactory to the

COMMISSION. A list of employees employed by the CONSULTANT on each invoice to perform the direct services and their respective hourly rates shall be included on each invoice along with a brief description of the work performed and the day it was done. Each invoice shall also include a running total of all funds billed under this Contract to date.

C. It is understood and agreed that the compensation herein provided to be paid by the COMMISSION is for the services of the CONSULTANT on the project as described herein and does not include any assistance in preparation for or during the progress of litigation to which the COMMISSION is a party The

CONSULTANT agrees to assist the COMMISSION in matters of litigation upon request and upon reasonable compensation to be negotiated for such services requested. The CONSULTANT shall not be entitled to any compensation for any assistance or services requested or rendered in any matter involving claims by third parties against the COMMISSION arising out of the fault or negligence on the part of the

CONSULTANT or his agents.

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS)

D. For services performed by the CONSULTANT under this Contract, and as full and complete compensation therefore, except as otherwise expressly provided herein, the COMMISSION will pay to the CONSULTANT allowable costs and fees as set forth in the pricing sheet.

E. The Contract value shall not be exceeded without a formal change order being issued to this Contract.

Any costs incurred by the CONSULTANT in excess of the Contract value without a formal change order to this Contract shall not be paid by the COMMISSION.

6.7. CHANGES

A. The COMMISSION may, at any time, by written order, make changes within the general scope of this

Contract in the services or Work to be performed. If such changes cause an increase or decrease in the

CONSULTANT's cost of, or time required for, performance of any services under this Contract, whether or not changed by any written order, the CONSULTANT may submit a claim in accordance with WSSC

Code of Regulations, Title 6, Chapter 6.15.580(b).

B. No services for which additional compensation will be charged by the CONSULTANT shall be accepted without the written authorization of the COMMISSION.

6.8. PROPERTY DAMAGE

A. Should any damage to COMMISSION property be caused by the CONSULTANT, employees or agents of the CONSULTANT, the CONSULTANT will be required to report them to the COMMISSION's

Project/Contract Manager and make repairs immediately, to the satisfaction of the COMMISSION's

Project/Contract Manager and at no cost to the COMMISSION. The COMMISSION may, however, elect to make repairs or replace the damaged property and deduct the cost of repairs or replacement from monies due, or to become due, the CONSULTANT.

6.9. PROJECT MANAGEMENT

A. The COMMISSION and the CONSULTANT shall each designate a Project/Contract Manager within fourteen (14) days from date of this Contract to represent each party respectively and be responsible as the individual in charge of administering and carrying out provisions of this Contract. Once so designated by the CONSULTANT this Project/Contract Manager shall not be changed unless specifically allowed or requested by the COMMISSION.

B. The CONSULTANT shall advise the COMMISSION of the Project/Contract Manager's qualifications and the COMMISSION shall have the right of approval or rejection of the CONSULTANT's designated

Project/Contract manager

6.10. FAILURE TO PERFORM

A. Failure of the CONSULTANT to (a) deliver or perform the required goods or services within the time specified or within a reasonable time as interpreted by the Chief Procurement Officer or (b) to make replacements of rejected articles immediately or as directed by the Chief Procurement Officer shall constitute authority for the Chief Procurement Officer purchase in the open market goods or services of

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS) comparable grade to replace the goods or services not delivered or rejected. On all such purchases, the

CONSULTANT shall reimburse the COMMISSION within a reasonable time as specified by the Chief

Procurement Officer for any expense incurred in excess of Contract prices, including any administrative costs.

B. Should public necessity demand it, the COMMISSION reserves the right to use or consume articles delivered or services performed which are substandard in quality, subject to an adjustment in price to be determined by the Chief Procurement Officer. The CONSULTANT shall not be liable for any excess costs if acceptable evidence has been submitted to the Chief Procurement Officer that failure to perform this

Contract was due to causes beyond the control and without the failure or negligence of the

CONSULTANT.

C. The remedies provided in this General Condition are in addition to any other rights and remedies provided by law or under any other provisions of this Contract.

6.11. TERMINATION

A. In accordance with WSSC Code of Regulations, Title 6, Chapter 6.15.590, the COMMISSION may, by written notice to the CONSULTANT, terminate this Contract in whole or in part at any time, either for the COMMISSION's convenience or default because of the failure of the CONSULTANT to perform services timely, failure to meet standards required, or fulfill the CONSULTANT's obligation under this

Contract. Upon receipt of such notice, the CONSULTANT shall:

1. Immediately discontinue all services affected upon receipt of termination notice, and

2. Deliver to the COMMISSION any work product, including but not limited to all designs, surveys, data, drawings, specifications, reports, computations, estimates, summaries, computer programs, and such other information and materials as may have been provided by the COMMISSION or accumulated by the CONSULTANT in performing this Contract, whether completed or in progress.

6.12. RIGHT TO AUDIT

A. In accordance with Procurement Regulation §4-602, the CONSULTANT agrees to maintain books, accounts, records, documents and other evidence directly pertinent to the performance of this Contract in accordance with generally accepted accounting principles and practices consistently applied. (The foregoing constitutes "records" for purposes of this Contract).

B. In accordance with Procurement Regulation §4-603, the CONSULTANT'S facilities and plants, or such part thereof as may be engaged in the performance of this Contract, and records shall be subject at all reasonable times to audit, examination, inspection or reproduction by the COMMISSION, the State of

Maryland, or any of their authorized representatives.

C. The CONSULTANT shall preserve and make available its records until the expiration of five (5) years after the Contract expiration date or after the acceptance of Work, whichever is last, or by other provisions of this Contract, or by (1) or (2) as follows:

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS)

1. If the Contract is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of five (5) years from the date of any resulting final settlement.

2. Records which relate to appeals or disputes, litigation, or settlement of claims arising out of the performance of this Contract shall be retained until final disposition of such appeals, litigation, or claims. The CONSULTANT shall insert the substance of this section in each subcontract issued as a result of this Contract.

6.13. SUSPENSION OF SERVICES

A. The COMMISSION may at any time, suspend, delay, interrupt, or stop the performance of any or all of the services by written notice to the CONSULTANT. At the Commission's discretion, in the event of such suspension of services, all allowable costs which are deemed by the parties hereto as reasonably and necessarily incurred by the CONSULTANT in suspending the services shall be paid by the

COMMISSION, including all costs incurred during the period of suspension and additional costs incurred in reactivating the services. Such payment shall not duplicate costs included under any prior progress payments. The CONSULTANT must itemize the costs involved, provide satisfactory documentation as required by the COMMISSION, and must demonstrate that such services as were provided during the suspension were in direct support of overall services to be performed. Both parties also recognize that the

COMMISSION may impliedly suspend the services by delays in its review, comment and action on the submitted data, plans, reports, and other documents transmitted to the COMMISSION and for which there shall be no additional compensation.

B. The COMMISSION's right to suspend this Contract is in addition to and not in substitution for the

COMMISSION's right to terminate as stated herein.

6.14. INTERPRETATION

A. In the interest of brevity, this Contract frequently omits modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. The term "days" as used in this Contract shall mean calendar days as defined by with WSSC Code of Regulations, Title 6, Chapter 6.15.050(s). The headings contained in this Contract are inserted only for ease of reference and are not meant to and shall not define, limit, or in any way affect the terms and provisions set forth therein.

Each of the parties acknowledges that this is a fair Contract and is not the result of fraud, duress or undue influence exercised upon it by any person or entity. Each party acknowledges that it has read this Contract, has participated in its negotiation, understands its contents, and has had the opportunity to obtain the assistance of legal counsel of its choice.

6.15. ASSIGNMENT

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS)

A. This Agreement is binding on the heirs, successors, and assigns of the parties hereto. In accordance with

WSSC Code of Regulations, Title 6, Chapter 6.15.240(a) this Agreement is not assignable without the written consent of the Chief Procurement Officer.

6.16. SEVERABILITY

A. If any term or provision of this Contract, or the application thereof to any person or circumstance, shall be invalid or unenforceable to any extent, the remainder of this Contract or the application of this Contract to persons or circumstances other than those against whom or which such term or provision is invalid or unenforceable, shall not be affected thereby; and each term and provision of this Contract shall be valid and enforceable to the fullest extent permitted by applicable laws.

6.17. NO THIRD PARTY RIGHTS

A. Nothing in this Contract shall be deemed to create a joint venture or partnership between the

COMMISSION and the CONSULTANT; nor shall anything contained in this be deemed to give any third party any claim or right of action against the COMMISSION or the CONSULTANT; nor shall anything contained in this Contract be deemed to cause the CONSULTANT to become the agent of the

COMMISSION or to otherwise alter the CONSULTANT'S independent CONSULTANT relationship with the COMMISSION.

6.18. FORCE MAJEURE

A. Neither party shall be considered in default in the performance of its obligations hereunder to the extent that performance of such obligations is delayed, hindered or prevented by any cause which is beyond the reasonable control of such party (hereinafter called "Force Majeure"). Force Majeure includes but is not limited to any of the following if reasonably beyond the control of the party claiming Force Majeure: war

(declared or undeclared), blockages, hostilities, revolutions, riots, strikes, lockouts or other labor disturbances, epidemics, fires, storms, delays or interruptions in transportation, or any laws, regulations or ordinances of any government, governmental agency or court having or claiming to have jurisdiction over any part of the services, including laws, regulations or ordinance pertaining to the protection of the environment, or obtaining permits required by any such government, governmental agency or court, or any other cause (whether or not of kinds specifically mentioned herein) that is not reasonably within the control of the party claiming Force Majeure. In accordance with WSSC Code of Regulations, Title 6, Chapter 6.15.580(b), the CONSULTANT shall file with designated Contract Administrator any claims that arise from a Force Majeure event.

6.19. BRIBES

A. A bribe or attempt to bribe any employee or officer of the COMMISSION by the CONSULTANT shall be considered a fraudulent and bad faith act, and shall thus empower the COMMISSION to invoke its rights and the Contract may be declared null and void pursuant to WSSC Code of Regulations, Title 6, Chapter 6.15.570.

6.20. COVENANT AGAINST CONTINGENCY FEES

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS)

A. The undersigned person authorized to execute this proposal on behalf of the firm or corporation offering services hereunder, warrants that he or she or any member of the contracting firms has not employed or retained any representative, individual or firm, other than a bona fide employee working solely for the contracting professional or firm to solicit or secure any contracts hereunder and furthermore warrants that there has not been any payment or promise or agreement to pay anyone a fee, COMMISSION, percentage, gift, or any other consideration contingent upon or resulting from the award of this Contract under this proposal.

B. For the breach or violation of this provision, the COMMISSION shall have the right to terminate any

Contract resulting from this proposal without liability and, at its discretion, deduct from the Contract price or otherwise recover the full amount or the value of such fee, COMMISSION, percentage, gift, or consideration. This right of recovery by the COMMISSION shall not be a bar to any charges or violations of any federal, state or local law brought before a court of competent jurisdiction by any party, including the COMMISSION.

6.21. SUBCONTRACTING

A. The CONSULTANT shall not award work to sub-consultants in excess of 49 percent of the Contract value.

B. The CONSULTANT shall report the use of subcontractors, manufacturers, and suppliers during the course of the Contract as set forth in the Contract Documents.

C. The CONSULTANT shall be fully responsible to the COMMISSION for the acts and omissions of the

CONSULTANT'S subcontractors, manufacturers, suppliers, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him.

D. The CONSULTANT shall be fully responsible for the coordination of the work of the trades, subcontractors, manufacturers and suppliers, and their officers, agents, and employees.

E. The CONSULTANT shall cause appropriate provisions to be inserted in all subcontracts relative to the

Work to bond subcontractors to the CONSULTANT by the terms of the Contract Documents insofar as applicable to the Work of subcontractors and to give the CONSULTANT the same power as regards terminating any subcontract that the COMMISSION may exercise over the CONSULTANT under any provision of the Contract Documents.

F. Nothing contained in the Contract Documents shall create any contractual arrangement between any subcontractor and the COMMISSION.

G. The Commission will require all CONSULTANTS to report subcontractor/supplier payments on a monthly basis utilizing the WSSC's Web-Based Compliance System. The CONSULTANT shall enter all payment information within 30 days of receipt of payment from WSSC until final payment, and the subcontractor(s)/supplier(s) shall validate payment received within 30 days of receipt of payment from the CONSULTANT until final payment. Instructions on entering data are located on WSSC's website at:

http://www.wsscwater.com/home/jsp/content/slmbe-program.faces.

http://www.wsscwater.com/home/jsp/content/slmbe-program.faces

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS)

H. Failure to report payments on WSSC's Web-Based Compliance System, as described above, will result in delay in payment(s). Final payment may not be made until all subcontractor payment(s) are reported and verified.

I. Failure to comply with the requirements herein will be considered in the evaluation of the

CONSULTANT'S responsibility in performing future contracts.

J. No additional compensation will be allowed for meeting the requirements of this section. Questions concerning WSSC's Web-Based Compliance System shall be directed to the SLMBE Office at 301- 206-

8800 or email at wsscwebcompliance@wsscwater.com.

6.22. INDEMNIFICATION AGREEMENTS

A. GENERAL LIABILITY: The CONSULTANT shall defend, indemnify and save harmless the

COMMISSION from any and all suits, claims, actions, damages or costs of every name and description, including reasonable attorney's fees to which the COMMISSION may be subject, including but not limited to any suit, claim, or action alleging injury to persons (bodily injury, including death, or any personal injury) or property damage as a result of the Work, caused or alleged to be caused by the negligence or willful acts of misconduct on the part of the CONSULTANT, their servants or agents, (other than arising out of CONSULTANT'S professional services). Monies to become due the CONSULTANT under the

Contract as may be considered necessary by the COMMISSION shall be retained by the COMMISSION until such suits or claims for damages shall have been settled or until the CONSULTANT furnishes to the

COMMISSION satisfactory evidence of insurance coverage with respect to such suits or claims or post a bond in the amount of the dispute in a form satisfactory to the COMMISSION.

B. PROFESSIONAL LIABILITY: The CONSULTANT shall defend, indemnify and save harmless the

COMMISSION from any and all suits, claims, actions, damages or costs of every name and description, including reasonable attorneys' fees to which the COMMISSION may be subject, including but not limited to any suit, claim or action alleging injury to persons (bodily injury, including death, or any personal injury) or property damage as a result of CONSULTANT'S professional services, caused or alleged to be caused by the negligence or willful acts of misconduct on the part of the CONSULTANT, their servants or agents. The COMMISSION shall retain monies owed the CONSULTANT until such suits or claims for damages shall have been settled or until the CONSULTANT furnishes to the COMMISSION satisfactory evidence of insurance coverage with respect to such suits or claims or post a bond in the amount of the dispute in a form satisfactory to the COMMISSION.

C. Monies due or to become due the CONSULTANT under the Contract as may be considered necessary by the COMMISSION shall be retained by the COMMISSION until such suits or claims for damages shall have been settled or otherwise disposed of or satisfactory evidence to that effect has been furnished to the

COMMISSION.

6.23. OWNERSHIP RIGHTS

mailto:wsscwebcompliance@wsscwater.com

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS)

A. The CONSULTANT shall vest in the COMMISSION title to all computer programs, reports, exhibits, calculations, program modifications, parameters, coding or any other products of work produced or delivered to the COMMISSION hereunder in the performance of this Contract and this material shall be the sole property of the COMMISSION and be made available to the COMMISSION immediately upon request. The COMMISSION retains the right to acquire originals, reproductions, and/or prints and copies of this material to suit its needs and purposes and to distribute this material to any agencies, firms and/or individuals. The Offeror(s) agrees neither to assert any rights at common law or equity nor to assert or establish any claim to statutory copyright or ownership in such reports.

6.24. INTELLECTUAL PROPERTY COPYRIGHT

A. The CONSULTANT and its employees hereby irrevocably transfer, assign, and convey to the

COMMISSION all rights, titles and interests, including the sole exclusive and complete copyright interest in any and all copyrightable works created pursuant to this Contract. The CONSULTANT and its employees further agree to execute such documents as the COMMISSION may request to affect such transfer or assignment.

B. Further, the CONSULTANT and CONSULTANT'S employees agree that the rights granted to the

COMMISSION by this Article are irrevocable. No termination of this Contract shall have the effect of rescinding, terminating, or otherwise invalidating the rights acquired pursuant to the provisions of this

"Intellectual Property Copyright" Article.

C. The use of Subcontractors or third parties in developing or creating input into any copyrightable materials produced as part of this Contract is prohibited unless such Subcontractors or third parties agree to include the provisions of this Article as part of any Contract they enter into with the CONSULTANT for Work or related to Work pursuant to this Contract.

D. Notwithstanding any other provision of this Contract, each party is and shall continue to be the sole and exclusive owner of all data, materials, documentation and intellectual property rights that such party owned, created, conceived or developed prior to the date of this Contract.

6.25. DISSEMINATION OF INFORMATION

A. The CONSULTANT shall not release any information related to the services or performance of the services under the Contract, nor publish any reports or documents related to the Contract without the prior written consent of the Contract Administrator; and

B. The CONSULTANT shall indemnify and hold harmless the COMMISSION, its officers, agents, and employees, from any and all liability which may be incurred by reason of dissemination, publication, distribution, or circulation, in any manner whatsoever, of any information, data, documents, or materials pertaining in any way to this Contract by the CONSULTANT, his agents or employees.

C. The CONSULTANT shall hold all materials and information belonging to the COMMISSION or the

COMMISSION's agents in strictest confidence and not to make use thereof other than for the performance of contractual obligations, to release it to or disclose it to any other party. Any information of a restricted

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS) nature provided to the CONSULTANT by the Project/Contract Manager or designee in the course of

Contract implementation shall be handled in accordance with restrictions placed thereon by the

Project/Contract Manager. Information or documents given to, or generated by, the CONSULTANT in the course of contract implementation shall be considered restricted information and subject to handling and dissemination restrictions as specified herein and/or as specified by the Project/Contract Manager.

6.26. PATENTED DEVICES, MATERIALS AND PROCESSES

A. If the CONSULTANT is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner and a copy of such agreement shall be filed with the COMMISSION. The CONSULTANT shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and hold the COMMISSION harmless from loss on account thereof, except that the

COMMISSION will be responsible for any such loss when a particular process, design or the product of a particular manufacturer or manufacturers as specified is an infringement of a patent.

6.27. CONTRACT DISPUTE RESOLUTION

A. All claims by a CONSULTANT against WSSC which includes without limitation, controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission shall be resolved in accordance with WSSC Code of Regulations, Title 6, Chapter 6.15.580(b).

B. The CONSULTANT shall diligently carry on the Work and maintain the progress schedule during any dispute, appeal, or court proceeding arising from or related to a Claim.

C. No claim by the CONSULTANT shall be allowed if asserted after final payment under this Contract.

6.28. CONFLICT OF INTEREST

A. The CONSULTANT shall be required to submit a statement in writing to the Project/Contract Manager should a conflict of interest arise during the term of this Contract.

6.29. DELAY OF WORK

A. No adjustment shall be made under this General Condition for any delay or interruption to the extent that performance would have been delayed or interrupted by any cause, including the fault or negligence of the CONSULTANT, or for which an adjustment is provided or excluded under any other provision of this

Contract.

B. A delay claim shall be filed according to WSSC Code of Regulations, Title 6, Chapter 6.15.580(b).

6.30. WARRANTY FOR PROFESSIONAL SERVICES

A. The CONSULTANT acknowledges that he is aware that the professional services provided herein are furnished to the COMMISSION with the understanding that the COMMISSION, in accepting these services, relies upon the CONSULTANT's particular skill and expertise. Accordingly, the

Title: AC150 (Capital Asset)/Movable Asset Implementation in Oracle Fixed Asset in e-Business Suite (EBS)

CONSULTANT warrants that the professional services provided are of a professional quality and that such services meet or exceed the prevailing practices and standards of the trade from which the services are provided.

B. Both parties also recognize that the COMMISSION may implicitly suspend the Work by reasonable delays in its review, comment and action on the submitted data, plans, reports and other documents transmitted to the COMMISSION, for which there shall be no additional compensation.

6.31. MARYLAND LAW

A. The Contractor hereby represents and warrants:

1. that it shall comply with all Federal, State and local laws, ordinances, rules, and regulations applicable to its activities and obligations under this Contract; and

2. That it shall procure, at its own expense, all licenses, permits, insurance, bonding, and governmental approval, if any, necessary to the performance of its obligations under this Contract.

6.32. PUNITIVE DAMAGES

A. In any action by the CONSULTANT against the COMMISSION or its agents, there shall be no liability for punitive damages.

6.33. ABUSE, USE, SALE OR POSSESSION OF DRUGS OR INTOXICANTS

A. The use, possession, sale or distribution of drugs or intoxicants by the CONSULTANT, sub-consultant, or any of their employees while on COMMISSION premises or while actively representing or performing

Work for the COMMISSION is prohibited. It shall be the responsibility of the CONSULTANT to prevent such activities and to remove any employee or sub-consultant employee whose ability to perform appears to be affected by the use of drugs or intoxicants. Failure of the CONSULTANT to comply with this provision may result in termination of the Contract.

6.34. SMOKING

A. It shall be the responsibility of the CONSULTANT to observe the conditions of the COMMISSION's

Smoking Policy within COMMISSION-operated facilities and within COMMISSION-owned motor vehicles. The Project/Contract Manager will indicate to the CONSULTANT the restricted areas.