Amendment 1.pdf

SAP

State of South Carolina

Request for Proposal Amendment 1

Solicitation:

Amendment Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400026055 03/29/2024

KATHY SANTANDREU

803-896-5304 ksantandreu@mmo.sc.gov SFAA, Div. of Procurement Services PO Box 101103 Columbia SC 29201-3734

DESCRIPTION: SC Judicial Branch DRBC RFP USING GOVERNMENTAL UNIT: S.C. Judicial Department

SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: http://www.procurement.sc.gov

SUBMIT OFFER BY (Opening Date/Time): 04/9/2024 04/25/2024 11:00 AM ET See "Deadline For Submission Of Offer" provision)

QUESTIONS MUST BE RECEIVED BY: 03/13/2024 5:00 PM ET (See "Questions From Offerors" provision) NUMBER OF COPIES TO BE SUBMITTED: Please see page labeled “page 1”.

REDACTED COPY: If no redacted copy of your response is needed please initial here _________

CONFERENCE TYPE: pre-proposal

DATE & TIME: 03/12/2024 2:00 PM ET

(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions)

LOCATION:

See CONFERENCE - PRE- BID/PROPOSAL (JAN 2006) clause

AWARD &

AMENDMENTS

Award will be posted on 05/09/2024 06/06/2024. The award, this solicitation, any amendments, and any related notices will be posted at the following web address: http://www.procurement.sc.gov

You must submit a signed copy of this form with Your Offer. By signing, You agree to be bound by the terms of the Solicitation. You agree to hold Your Offer open for a minimum of 120 calendar days after the Opening Date. (See "Signing Your Offer" provision.)

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 "Signing Your Offer" provision.)

___ Sole Proprietorship ___ Partnership ___ Other_____________________________

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

COVER PAGE - ON-LINE ONLY (MAR. 2015)

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" 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 "Contract Documents" 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 "Amendments to Solicitation" Provision) 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): Preferences do not apply

PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE: 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 (SEP 2009) End of PAGE TWO

AMENDMENTS TO SOLICITATION (JAN 2004) (modified): (a) The Solicitation may be amended at any time prior to opening. All actual and prospective Offerors should monitor the following web site for the issuance of Amendments: www.procurement.sc.gov(b) Offerors shall acknowledge receipt of any amendment to this solicitation by identifying the amendment number and date in the space provided for this purpose on Page Two and returning with solicitation response (c) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

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 provision.

Stricken text is deleted. [02-2a097-1]

General updates to solicitation:

As of April 1, 2024 the Procurement Officer over this procurement will change from Kathy Santandreu to Kayla Middleton.

Kayla M. Middleton |Procurement Manager |Agency Sourcing Division of Procurement Services | SC State Fiscal Accountability Authority 1201 Main Street, Suite 600 | Columbia, SC 29201 Office: (803) 737-2609 | Email: kmiddleton@mmo.sc.gov

Date updates:

• Non-disclosure submission deadline has been extended to: 4/12/2024. NDA required is at the end of this document as an exhibit. Please complete and email to Kayla Middleton. Subject line of your email should read: “Disaster Recovery and Business Continuity Planning 5400026055 – RESOURCES - NDA.”

• SUBMIT OFFER BY (Opening Date/Time) has been extended to 04/25/2024 11:00 AM ET.

• Award will be posted on 06/06/2024.

Combined Vendor Questions:

1. Ongoing BC – DR Maintenance - For the failover and fail back processes, what extent of support is requested. Is the expectation for this to be advisory in nature or is the ask for technical “hands on keyboard” assistance?

Answer: For the Actual exercises of failover and fail back, the vendor would need to be on-site, playing an active role to guide the process. However, it would be advisory capacity, and SCJB personnel would perform all technical operations. But for work leading up to such exercises, hands-on updates of documentation and procedures would be expected.

mailto:kmiddleton@mmo.sc.gov

2. What technology systems/platforms are in scope?

Answer: NDA is required to see SCJB Network Infrastructure Overview. See exhibit at the end of this document.

3. Is the use of a global resource delivery model acceptable?

Answer: No, we are looking for US-based vendors that understand the workings of South Carolina government and the court system, and who have experience working with state government clients.

5. Is there a requirement for onsite resources?

Answer: Yes, see answer to first bullet above.

6. Update Risk Assessment and BIA - What control framework is the current program aligned with

Answer: Our technical security standards generally follow the CIS controls framework, which is similar to NIST. However, we are not bound to these security controls for purposes of examining technical and operational risk from a BC-DR perspective.

7. IT Staffing - Is there an existing RACI in place for the BC/DR program?

Answer: No, nothing that formal.

8. Experience / Skills - Our consultants carry an extensive suite of certifications aligned with this request. Are there any specific requirements?

Answer: We would expect to see some certifications related to business continuity planning, as well as technical certifications related to systems we use (such as Vmware, Zerto, Citrix, Microsoft, and Cisco)

9. Page 26, "Technical Proposal - Part 4: Project Management and Planning": The end of the first paragraph states, "Provide their NCIC background check." Are respondents required to include the results of each person's NCIC background check within their response, or will providing NCIC background check results upon award of the contract be satisfactory?

Answer: NCIC checks are only required from the winning vendor.

All other terms, condition, bidding instruction, and specifications remain unchanged. If there are any question or if any confusion or uncertainty arises as a result of this amendment, it is the sole responsibility of the Offeror to contact the procurement officer for clarification. Contact information can be found in the top right-hand corner of the cover page of this amendment reference the “Duty to Inquire” in the original Request for Proposal (RFP).

Exhibit

NON-DISCLOSURE AGREEMENT

THIS NON-DISCLOSURE AGREEMENT (“Agreement”) is made as of this __ day of ______________, 202__, by and between the South Carolina Judicial Branch (SCJB) (“State”) and ___________________________ (“Recipient”).

In connection with the limited purpose of the State’s request for Contractors who can provide Ongoing Maintenance and Testing of Disaster Recovery and Business Continuity plans (BC-DR), in order to provide the necessary resilience and continuity of critical information technology services for SCJB and the State of South Carolina in the event of a major site outage or critical service outage (the “Approved Purpose”), the State may disclose to the Recipient, or allow the Recipient to access, certain Confidential Information, as defined below.

“Confidential Information" is defined as all data, information, documents, reports, records, metadata, software, forms, and other materials furnished, disclosed, or made accessible by the State to the Recipient, either directly or indirectly, in connection with the Approved Purpose.

Confidential Information includes, but is not limited to, the following:

(a) all computer network systems of the State; network architecture; any and all information concerning the State’s current, future, or proposed applications, including unpublished computer code (both source code and object code), drawings, specifications, notebook entries, technical notes and graphs, computer printouts, technical memoranda and correspondence, product development agreements and related agreements;

(b) personal information such as social security numbers, credit card numbers, dates of birth; any information that identifies an individual (by name, signature, address, telephone number, or other unique identifier) or that can be used to authenticate that individual such as passwords or PINs, biometric data, unique identification numbers, answers to security questions, or other personal identifiers;

(c) confidential or proprietary information, software, and materials of third parties with which or whom the State conducts business;

(d) If the Approved Purpose described above involves the performance of an audit by Recipient or by its contractor, the existence of the audit, the State’s involvement with the audit, the results of the audit, and any analysis or reports created by or for Recipient using such information are also deemed Confidential Information.

In consideration of the promises and mutual covenants herein, the parties agree as follows:

1. Recipient’s Responsibilities. Recipient shall maintain the Confidential Information in accordance with the following additional terms and conditions:

(a) Recipient shall not disclose Confidential Information to any third party without the express written authorization of the State.

(b) Recipient shall take all necessary steps to protect the Confidential Information. Recipient may disclose Confidential Information only to its employees, agents, consultants, and contractors on a need-to-know basis and only if such employees, agents, consultants and contractors have executed written confidentiality agreements with Recipient in a form substantially the same as this Non-Disclosure Agreement. Recipient agrees that it shall not make copies of the Confidential Information in whole or in part except as necessary for the Approved Purpose described above.

(c) Recipient agrees to immediately notify the State, in writing, of any misuse, misappropriation, or unauthorized release of the Confidential Information or violation of this Agreement that may come to Recipient’s attention.

(d) Any oral discussions between the State and Recipient, which relate to the Confidential Information shall be kept secret and confidential by Recipient and are deemed to be Confidential Information.

(e) If Recipient receives a governmental, judicial, or administrative order, subpoena, discovery request, or other request for disclosure of Confidential Information, Recipient will immediately notify the State, in writing. Recipient agrees, to the extent practicable, to cooperate with efforts by the State to seek a protective order or similar relief. In the event that any Confidential Information is ordered produced in an action or proceeding, the Confidential Information shall not lose its confidential status through such use, and the Recipient shall take all reasonable and necessary steps to protect the Confidential Information’s confidentiality during such use, to the extent possible.

2. Term. Recipient’s duty to hold in confidence Confidential Information disclosed under this Agreement shall remain in effect indefinitely or until the State sends Recipient written notice releasing it from its confidentiality obligations under this Agreement.

3. Termination. The State may terminate this Agreement and/or access to the State’s Confidential Information at any time for any reason and without liability of any kind, if (i) Recipient’s engagement with the State terminates, or (ii) the State suspects any violation of the terms of this Agreement. The Recipient’s obligation to keep Confidential Information confidential, as required by the terms herein, shall survive termination of this Agreement.

4. Exclusions. Notwithstanding the foregoing, the obligations of confidentiality under this Agreement shall not apply to Confidential Information that:

(a) is already known to Recipient at the time it is disclosed to Recipient;

(b) has been independently developed by Recipient;

(c) becomes, or has become publicly known, through no wrongful act of Recipient;

(d) has been, or is, received by Recipient from a third party without a restriction on disclosure; or

(e) is required by law, court, or administrative order to be disclosed.

In addition, the obligations of confidentiality under this Agreement do not apply to public information intended or required for sharing with the public. Examples of public information include, but are not limited to, information provided on State web sites, information for public distribution, and meeting agendas and minutes of public bodies.

5. Employees and Contractors of Recipient. Recipient shall cause its employees and contractors who are exposed to Confidential Information to comply with this Agreement, and Recipient accepts responsibility for the acts or omissions of its employees and contractors with respect to this Agreement.

6. Standard of Care. Recipient hereby agrees to hold all Confidential Information in strict confidence and to adopt or establish operating procedures and physical security measures that are necessary to protect Confidential Information from unauthorized disclosure or inadvertent release. Recipient will take reasonable measures to avoid unauthorized disclosure or use of Confidential Information, including, at a minimum, those measures it takes to protect its own proprietary and confidential information.

7. No Implied Waiver; Modification; Amendment. Any waiver, modification, or amendment of any provision of this Agreement shall be effective only if in writing in a document that specifically refers to this Agreement and such document is signed by both parties.

8. Entire Agreement; Severability. This Agreement constitutes the full and complete understanding and agreement of the parties hereto with respect to the subject matter covered herein and supersedes all prior and contemporaneous oral or written understandings and agreements with respect thereto. In the event that any provision of this Agreement may be held to be invalid or unenforceable for any reason, it is hereby agreed that said invalidity or unenforceability shall not affect the other provisions of this Agreement, and that the remaining terms and conditions or provisions thereof shall remain in full force and effect, and that any court of competent jurisdiction may so modify the objectionable provision or provisions to make it valid, reasonable, and enforceable.

9. Governing Law; Choice of Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, excluding its conflict of laws provisions, and the parties consent and submit to the jurisdiction and venue of the state courts located in the State of South Carolina, Richland County.

10. Survival of Rights and Obligations; Assignment. This Agreement shall inure to the benefit of, and be binding upon, the parties hereto and their respective successors and assigns, provided that Recipient may not subcontract or assign its work performed in furtherance of the Approved Purpose nor may it assign its obligations relating to the State’s Confidential Information without the prior express written consent of the State. Any assignment by Recipient without such consent shall be null and void and a material breach of this Agreement.

11. Equitable Relief. Recipient recognizes that the State may suffer irreparable harm if Confidential Information or any portion thereof is disclosed or used in an unauthorized manner, and, accordingly, the parties agree that the State may seek to enjoin such disclosure as well as pursue any other remedies available at law or in equity.

12. Indemnity. Recipient agrees it will indemnify and hold harmless the State from all losses, damages, causes of action, and attorneys’ fees incurred by the State from the breach of this Agreement by Recipient.

13. Return of Confidential Information. Recipient will promptly return, or certify destruction of (when applicable), all material embodying Confidential Information (in any form and whatever media including, without limitation, all originals, copies, notes, summaries, drawings, excerpts, or derivative information deriving therefrom) upon the earlier of (i) the completion of the Approved Purpose, (ii) termination of this Agreement, or (iii) the State’s written request.

IN WITNESS WHEREOF, the parties intending to be legally bound have executed this Agreement as of the later date set forth below.

[Recipient’s Name] South Carolina Judicial Branch (SCJB) [Recipient’s address] 1220 Senate St. Suite 200 [City, State, Zip Code] Columbia, SC 29201

By: __________________________ By:

Title: __________________________ Title:

Date: _________________________ Date: __________________________