Amendment 1.pdf

State of South Carolina

COMPETITIVE NEGOTIATIONS

Amendment 1

Solicitation Number:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400021069 06/02/2021 Kimber H. Craig, CPPO, CPM 803-737-2527 kcraig@mmo.sc.gov 1201 Main Street, Suite 600 Columbia, SC 29201

DESCRIPTION: Digital Government Services

USING GOVERNMENTAL UNIT: STATEWIDE CONTRACT

SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: http://www.procurement.sc.gov SUBMIT OFFER BY (Opening Date/Time): June 25, 2021 at 11:00 a.m. (See Section L - Instructions, Conditions, and Notices to Offerors) QUESTIONS MUST BE RECEIVED BY: June 7, 2021 at 2:00 p.m. (See Section L - Instructions, Conditions, and Notices to Offerors) NUMBER OF COPIES TO BE SUBMITTED: On-line Submission CONFERENCE TYPE: Pre-Proposal Conference DATE & TIME: May 26, 2021 at 10:00 a.m.

(As appropriate, see Section L - Instructions, Conditions, and Notices to Offerors)

LOCATION: WebEx Conference E-mail the Procurement Officer for login information

AWARD &

AMENDMENTS

Award will be posted on November 29, 2021. The award, this solicitation, any amendments, and any related notices will be posted at the following web address: http://www.procurement.sc.gov

11. TABLE OF CONTENTS

(X) SEC. DESCR

IPTION

PAGE(S) (X) SEC. DESC

RIPTI

PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A COVER PAGE/PAGE TWO Cover I CONTRACT CLAUSES B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE

K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

F DELIVERIES OR PERFORMANCE

G CONTRACT ADMINISTRATION DATA L INSTRUCTIONS, CONDITIONS, AND NOTICES TO

H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

You must submit a signed copy of this form with Your Offer. In accordance with the solicitation the undersigned agrees, if this offer is accepted within one hundred and eighty (180) calendar days from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule. (See Section L - Instructions, Conditions, and Notices to Offerors)

NAME OF OFFEROR

(full legal name of business submitting the offer)

Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror. The entity named as the offeror must be a single and distinct legal entity. Do not use the name of a branch office or a division of a larger entity if the branch or division is not a separate legal entity, i.e., a separate corporation, partnership, sole proprietorship, etc.

AUTHORIZED SIGNATURE

(Person must be authorized to submit binding offer to contract on behalf of Offeror.)

DATE SIGNED

TITLE

(business title of person signing above)

STATE VENDOR NO.

(Register to Obtain S.C. Vendor No. at www.procurement.sc.gov)

PRINTED NAME

(printed name of person signing above)

STATE OF INCORPORATION

(If you are a corporation, identify the state of incorporation.)

OFFEROR'S TYPE OF ENTITY: (Check one) (See " Section L - Instructions, Conditions, and Notices to Offerors)

___ Sole Proprietorship ___ Partnership ___ Other_____________________________

___ Corporate entity (not tax-exempt) ___ Corporation (tax-exempt) ___ Government entity (federal, state, or local)

COVER PAGE

mailto:kcraig@mmo.sc.gov

PAGE TWO

(Return Page Two with Your Offer)

HOME OFFICE ADDRESS (Address for offeror's home office / principal place of business)

NOTICE ADDRESS (Address to which all procurement and contract related notices should be sent.) (See "Notice" clause)

Area Code - Number - Extension Facsimile

E-mail Address

PAYMENT ADDRESS (Address to which payments will be sent.) (See "Payment and Interest" clause)

____Payment Address same as Home Office Address ____Payment Address same as Notice Address (check only one)

ORDER ADDRESS (Address to which purchase orders will be sent) (See "Purchase Orders and "Invoicing Instructions" clauses)

____Order Address same as Home Office Address ____Order Address same as Notice Address (check only one)

ACKNOWLEDGMENT OF AMENDMENTS

Offerors acknowledges receipt of amendments by indicating amendment number and its date of issue. (See Section L - Instructions, Conditions, and Notices to Offerors)

Amendment No. Amendment Issue Date

Amendment No. Amendment Issue Date

Amendment No. Amendment Issue Date

Amendment No. Amendment Issue Date

DISCOUNT FOR

PROMPT PAYMENT

(See "Discount for Prompt

Payment" clause)

10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) _____Calendar Days (%)

PREFERENCES - A NOTICE TO VENDORS (SEP. 2009): On June 16, 2009, the South Carolina General Assembly rewrote the law governing preferences available to in-state vendors, vendors using in-state subcontractors, and vendors selling in-state or US end products. This law appears in Section 11-35-1524 of the South Carolina Code of Laws. A summary of the new preferences is available at www.procurement.sc.gov/preferences . ALL THE PREFERENCES MUST BE CLAIMED AND ARE APPLIED BY LINE ITEM, REGARDLESS OF WHETHER AWARD IS MADE BY ITEM OR LOT. VENDORS ARE CAUTIONED TO CAREFULLY REVIEW THE STATUTE BEFORE CLAIMING ANY PREFERENCES. THE REQUIREMENTS TO QUALIFY HAVE CHANGED. IF YOU REQUEST A PREFERENCE, YOU ARE CERTIFYING THAT YOUR OFFER QUALIFIES FOR THE PREFERENCE YOU'VE CLAIMED. IMPROPERLY REQUESTING A PREFERENCE CAN

HAVE SERIOUS CONSEQUENCES. [11-35-1524(E)(4)&(6)]PREFERENCES DO NOT APPLY

PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE: Please provide the address and phone number for your in-state office in the space provided below. An in-state office is necessary to claim either the Resident Vendor Preference (11-35- 1524(C)(1)(i)&(ii)) or the Resident Contractor Preference (11-35-1524(C)(1)(iii)). Accordingly, you must provide this information to qualify for the preference. An in-state office is not required, but can be beneficial, if you are claiming the Resident Subcontractor Preference (11-35-1524(D)). PREFERENCES DO NOT APPLY

____In-State Office Address same as Home Office Address ____In-State Office Address same as Notice Address (check only one) PAGE TWO End of PAGE TWO http://www.procurement.sc.gov/preferences

Request for Proposals No. 540021069

Amendments to Solicitation (MODIFIED)

(a) The Solicitation may be amended in accordance with Section 11-35-1535(D) and Reg. 19- 445.2099D(2). All actual and prospective Offerors should monitor the following web site for the issuance of Amendments: www.procurement.sc.gov (b) Prior to opening, Offerors shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on Page Two, (3) by letter, or (4) by submitting a bid that indicates in some way that the bidder received the amendment. (c) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

Changes to the Solicitation

Section J.2 is revised to include Exhibit J.2.8 – Pre-proposal Conference Slides

J. LIST OF ATTACHMENTS

J.1 Solicitation Exhibits Incorporated into Final Contract

Attachment B, Pricing Structure (to be completed at the time of award)

Attachment C – Statement of Work, consisting of the following exhibits:

Exhibit 1.1 - Definitions Exhibit 1.2 - Governance Model Exhibit 1.3 - Service Management Manual Exhibit 1.4 - General Provisions Attachment A – Form of Non-Disclosure Attachment B – Form of Source Code Escrow Exhibit 2.0 - Service Model Exhibit 2.1.1 - Cross-Functional Services Statement of Work Attachment C – Form of Work Order Exhibit 2.1.2 - Payment Services Statement of Work Exhibit 2.1.3 - SC.gov Services Statement of Work Exhibit 2.1.4 - Cross-Functional Services Solution Exhibit 2.1.5 - Payment Services Solution Exhibit 2.1.6 - SC.gov Services Solution Exhibit 2.2 - Termination Assistance Services Exhibit 2.3 - IT Service Continuity Management Exhibit 2.4 - Key Personnel Exhibit 3.0 - Performance Model Exhibit 3.1 – Service Level and Deliverable Matrix Exhibit 3.2.1 – Service Level Definitions – SC.gov Services Exhibit 3.2.2 – Service Level Definitions – Payment Services Exhibit 3.3 – Description of Reports Exhibit 3.3-A – Reports Exhibit 3.4 – Customer Satisfaction Exhibit 4.0 – Business Model Exhibit 4.1 – Pricing Structure

Request for Proposals No. 5400021069

Exhibit 4.2 – Financial Responsibility Matrix Exhibit 4.3 – Financial Reporting Exhibit 4.4 – In-Flight Projects Exhibit 4.5 – Skill Set Descriptions

Attachment I – Proposed Contract Terms

Section K –Representations, certifications and other statements by offerors

J.2 Solicitation Exhibits Not Incorporated into Final Contract

J.2.1 Exception to Requirements

J.2.2 Offer Qualifications

J.2.3 Offeror Experience

J.2.4 Offeror References

J.2.5 Cancelled Contracts

J.2.6 OSP Non-Disclosure Agreements

J.2.7 Service Provider Security Assessment Questionnaire

J.2.8 Pre-Proposal Conference Slides

QUESTIONS FROM OFFERORS - AMENDMENT (JUN 2017)

THE SOLICITATION IS AMENDED AS PROVIDED HEREIN. INFORMATION OR

CHANGES RESULTING FROM QUESTIONS WILL BE SHOWN IN A QUESTION-AND-

ANSWER FORMAT. ALL QUESTIONS RECEIVED HAVE BEEN REPRINTED BELOW.

THE “STATE’S RESPONSE” SHOULD BE READ WITHOUT REFERENCE TO THE

QUESTIONS. THE QUESTIONS ARE INCLUDED SOLELY TO PROVIDE A CROSS-

REFERENCE TO THE POTENTIAL OFFEROR THAT SUBMITTED THE QUESTION.

QUESTIONS DO NOT FORM A PART OF THE CONTRACT; THE “STATE’S RESPONSE”

DOES. ANY RESTATEMENT OF PART OR ALL OF AN EXISTING PROVISION OF THE

SOLICITATION IN AN ANSWER DOES NOT MODIFY THE ORIGINAL PROVISION

EXCEPT AS FOLLOWS: UNDERLINED TEXT IS ADDED TO THE ORIGINAL

PROVISON. STRICKEN TEXT IS DELETED. [02-2A097-1]

Note: Additional Q&A will be provided in subsequent amendment.

1. What is the estimated funding source, or budget for this project?

Answer: As per section L.1.1, DGS is a self-funded service utilizing revenues generated from transaction fees associated with some of the online services. The State anticipates modifying the self-funding business model with the DGS Service Provider, moving from a revenue-sharing model to a more traditional consumption-based, revenue-funded sourcing model.

2. Has funding been secured, or is that expected to take place at a later date?

Answer: See answer to question #1.

3. Is this a new requirement? Or is there an incumbent vendor providing these services?

3.1. If so, what is the contract number, vendor name, and term of the contract?

Answer: The current contract number is 4400008796 with South Carolina Interactive, LLC.

Information on this contract is available in the Data Room for this solicitation.

4. I have a question about Exhibit 2.6 “OSP Non Disclosure Agreement”. Is the state willing to review and consider a redlined version of Exhibit 2.6?

Answer: The State is not permitting any redlines to Exhibit J.2.6 (OSP Non Disclosure Agreement).

5. Re: Exhibit 3.1, page 8 of 13, Tab 3a, Ref No. 1.3 Service Management Manual (SMM)

The Due Date (column I) states:

Phase 1: 30 days after Effective Date Phase 2: 20 days prior to Commencement Phase 3: 60 days post Commencement

5.1. However, the due dates in Exhibit 1.3, Section 8.1 for SMM content differ from those stated above. Please clarify.

Answer: Offerors should base their response based on due dates within Exhibit 1.3. The due dates within Exhibit 3.1 will be populated during negotiations.

6. Re: Exhibit 2.1.3, page 43 of 44, Paragraph following 6.1.6.1.8.7

The solicitation states: OTIS expects the platform to evolve over time and anticipates an initial three phased rollout, beginning with a minimum viable product (MVP) to seek user feedback and incorporate learnings. The MVP will be released six (6) months after the Commencement Date, with two major releases following in the next twelve (12) months.

6.1. We are interpreting this to mean:

Phase 1 = 6-month implementation between Effective Date and Commencement Date

Phase 2 = Major release approximately 2-4 months after Commencement Date Phase 3 = Major release 6 months after Commencement Date (which is 12 months after Effective Date) Is this interpretation accurate?

Answer: No this interpretation is not accurate. Phase 1 will start at Commencement Date and implement 6 months after Commencement Date; Phase 2 will start 7 months after Commencement Date and implement 12 months after Commencement Date; Phase 3 will start 13 months after Commencement Date and implement 18 months after Commencement Date.

7. Re: M.5.1, page 36, Evaluation Criteria and Methodology

Should the SC.gov_Services_Transition_Plan, the SC.gov_Services_Transition_Project_Plan, the Payment_Services_Transition_Plan, and the Payment_Services_Transition_Project_Plan include Phases 1, 2, and 3 (that is, MVP at 6 months after Effective Date through two major releases at 12 months after Effective Date)?

Answer: No, the Next Generation SC.gov optional service is not to be included within the transition documents (SC.gov Services Transition Plan, SC.gov Services Transition Project Plan, Payment Services Transition Plan, Payment Services Transition Project Plan).

The Service Provider will document their solution, within section 1.14.1 of Exhibit 2.1.6, and price, in tab 6 - Optional Services of Exhibit 4.1, for the optional service Next Generation SC.gov.

8. Our understanding from the Pre-Bidder Conference on May 26th is that any and all Offeror exceptions to the legal terms of the Solicitation need to be addressed as written questions prior to submission; however, Section L.6 of the Solicitation states that exceptions to the legal terms in Part III may be included in the Offeror’s submission using Exhibit J.2.1. Please confirm whether all legal exceptions need to be addressed as written questions, or if legal exceptions to Part III can addressed in the Offeror’s submission?

Answer: Attachment I provides the proposed legal contract terms for this solicitation. Any requested exceptions should be included in Exhibit J.2.1 as part of your response. If there are exceptions or concerns to any other portions of the solicitation, the State prefers those to be addressed during the Q&A period. The solicitation may be amended to address these exceptions or concerns. After the issuance of all amendments, Offerors should include any remaining exceptions or concerns to any portion of the solicitation in Exhibit J.2.1 as part of their response.

9. Is there a video/audio record of the pre-bid conference on 5/26 that we may access?

Answer: No, there is not a video/audio record of the May 26, 2021 pre-bid conference. The materials presented at the May 26, 2021 pre-bid conference are available as Exhibit J.2.8.

10. Given that OTIS anticipates “moving from a revenue-sharing model to a more traditional consumption-based, revenue-funded sourcing model,” would the State please confirm that payment processing costs for bankcard and ACH transactions will not have to be covered by the vendor, and therefore should not be included in vendor cost.

Answer: Payment processing costs are broken down into two primary categories: CRA volumes (transactions processed using STO banks and merchant card processor) and Non- CRA volumes (transactions processed using Service Provider banks and merchant card processor). The Offeror is required to include third-party processing costs for Non-CRA volumes. These costs should be included in the ACH Fixed Unit Rate per Transaction (SP) and Bankcard Fixed Percentage Rate per Transaction resource units. Third party processing fees for CRA transactions should not be included in Exhibit 4.1. The processing fees for these items will be paid by the Service Provider; however, they will be paid at the actual amount incurred and reported in accordance with Exhibit 4.3. See Exhibit 4.0, Section 3.16 and 3.17 for additional guidance.