Amendment #2.doc

SAP

State of South Carolina Request for Proposal (Amendment 2)

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400019246 03/05/2020

KATHY SANTANDREU

803-896-5304 ksantandreu@mmo.sc.gov SFAA, Div. of Procurement Services, MMO 1201 Main Street, Suite 600 Columbia, SC 29201

DESCRIPTION: Upgrade/Expansion of Existing Database

USING GOVERNMENTAL UNIT: Office of Regulatory Staff

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

SUBMIT OFFER BY (Opening Date/Time): 03/10/2020 3/24/20 11:00 AM EDT (See "Deadline For Submission Of Offer" provision)

QUESTIONS MUST BE RECEIVED BY: 02/21/2020 2/24/20 11:00 PM (23:00) EST (See "Questions From Offerors" provision)

NUMBER OF COPIES TO BE SUBMITTED: 1

CONFERENCE TYPE: Telephone Conference

DATE & TIME: 02/21/2020 10:00 AM EST

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

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 ninety (90) 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)

SAP

SAP

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)

DISCOUNT FOR PROMPT PAYMENT

(See "Discount for Prompt Payment" clause)

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

Amendment #2 Upgrade/Expansion of Existing Database / 5400019246 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] Any questions regarding this amendment are to be sent to the procurement manager, via email, no later than Monday, March 9, 2020, 3PM EST. Please include solicitation name and number in your subject line.

Vendor Questions:

Combined Vendor Questions

1) Scope of Solicitation – Page 5

What is the technology footprint currently installed at the South Carolina Office of Regulatory Staff?

Can you indicate the versions of each application?

Several legacy databases are in use that are to be replaced by the Dynamics system. None of them are to be migrated. We are going to start anew but will need help with the development for staff to be able to use with hopefully much more utilization.

We are a full infrastructure customer of the State Division of Technology and they host our servers, AD and network. We do have one database that has recently been upgraded to MS Dynamics but this system is autonomous.

2) Duty to Inquire – Page 10 Can you please explain what is meant by this statement “Offeror assumes responsibility for any patent ambiguity in the Solicitation that Offeror does not bring to the State’s attention”?

Please review the Duty to Inquire Clause in the Solicitation Document.

Scope of Work/Specifications – Page 17

3) Besides the mentioned additions in #1, what do you classify as “transactions”?

An example of a transaction would be the recording of a payment, a notice going out that a report is due, capturing of a complaint with tracking.

4) Will you accept the development of code changes and customizations?

Not sure what is being asked? We will not be doing code changed and customizations. This would be something the vendor would need to do.

5) In question #2 it is stated interfaces allow retrieval of data and posting of data to the following systems: Is the CRM system pushing CRM data to those sources or are the sources pulling data from CRM or is the data transfer planned to be bi-directional (two ways)?

Bi-directional

6) Please provide more details with question #4. What is being used in CRM currently to generate invoices?

There are no invoices being created in CRM currently

7) What other Dynamics products are being used currently? For example (PowerAutomate, PowerApps, PowerBI, PowerPlatform) None

8) If there is a CRM system currently being used, are the forms mentioned in #7 already developed or are we to build these forms?

CRM is not currently being used

9) Question #8, For the web based portal, what technology platform has been selected? Is the portal built on Microsoft technology? Please provide more details.

Dynamics is hosted by MS Government Cloud. Not sure how the portal is built.

10) Are there any considerations such as technology, architecture, we have to be aware of the current CRM system and/or database? Are there any specifications available for the current system?

We are going to start anew. We are not migrating or using any of the legacy databases

11) What role with the State IT Group play on this project?

They would have to authorize access to the government cloud as we use it through them.

12) Microsoft Certification: - Page 25

Ciellos as a CSP, which is a certified license solutions partner within Microsoft’s partner channel. Can we assume the CSP is the same as a LSP?

Does need to be a LSP but does need to be MS Certified

13) Contractors Liability Insurance – Information Security and Privacy (Feb 2015) – Page 34

Section (e) – The coverage requested in the RFP is high. Will you accept a reduced amount of coverage? If so, what is the minimum you are willing to accept?

The limit amounts can be changed from five million to one million dollars and ten million to two million dollars.

14) Section (g) – Can you explain what is meant by “claims-made” in this section, “contractor shall maintain in force and effect any “Claims-made” coverage for a minimum of two (2) years after final completion of all work or services to be provided hereunder?

Claims-made is a common insurance term. The State cannot advise on this matter.

15) Indemnification-Third Party Claims – General (Nov 2011) – Page 37

Notwithstanding any limitation in this agreement, and to the fullest extent permitted by law, Contractor shall defend and hold harmless Indemnitees for and against any and all suits or claims of any character (and all related damages, settlement payments, attorneys' fees, costs, expenses, losses or liabilities) by a third party which are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property arising out of or in connection with the goods or services acquired hereunder or caused in whole or in part by any act or omission of contractor, its subcontractors, their employees, workmen, servants, agents, or anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by an Indemnitee, and whether or not such claims are made by a third party or an Indemnitee:

We will negotiate this clause with the highest ranked Offeror.

16) We feel this is too broad, can we reduce the scope of this clause?

Indemnification-Intellectual Property (Jan 2006) – Page 39 either: (1) procure for State the right to continue to use, or have used, the acquired item, or (2) replace or modify the acquired item so that it becomes non-infringing but only if the modification or replacement does not adversely affect the specifications for the acquired item or its use by State. If neither (1) nor (2), above, is practical, State may require that Contractor remove the acquired item from State, refund to State any charges paid by State therefor, and take all steps necessary to have State released from any further liability.

We will negotiate this clause with the highest ranked Offeror

Is there an option to change the scope of the charges paid clause?

We will negotiate this clause with the highest ranked Offeror

17) Warranty – One Year (Jan 2006) – Page 48

Is it possible to reduce the warranty period to a lesser time period?

no

18) For the web portals, is there a required “portal technology” (e.g. PowerApps Portals) or would a custom portal be acceptable/preferred?

the Web portal should be where the regulated companies can make updates and submit reports direct into Dynamics 365 with a registered account created by ORS.

19) How will users be registered to use the web portals? Is registration done by the users themselves via the portal and is the registration open to anyone?

Internal registration – any would come direct from our office. Not open at this time.

20) Are the password requirements under section 13 for Dynamics users or web portal users? If these requirements are for Dynamics users, have these already been implemented in the existing Dynamics / Azure AD environment?

Yes – our AD accounts are used as login to the system.

21) Can you clarify how SCEIS, a customized SAP program, will be accessible from the existing Microsoft Government Cloud?

A workflow or code would be created so the 2 systems can talk and transfer data between each other.

22) Can you clarify how the Online Decal Payment System will be accessible from the existing Microsoft Government Cloud?

A workflow or code would be created so the 2 systems can talk and transfer data between each other.

23) For each of the two interfaces, what authentication mechanism is envisioned?

Our AD accounts are used as login to the system.

24) On page 18, what is meant by requirement 2.f “Dynamic 365 App accessible for remote employee access”?

Employees able to access via the App using their login

25) What process is envisioned/desired for the reports stating “…to be mailed”, such as in requirement 9.a “Annual Reports Forms” and 9.e “DPR Invoice”?

9a. a list of companies with their information that the Annual Report is due

9e. , all companies being billed DPR will have an invoice created with the company information prepopulated.

26) Do any of the reports described in requirement 9 need to be created in bulk, such as the “DPR Invoice”, or will these reports be generated for one record at a time?

Created in bulk. For example, all companies being billed DPR will have an invoice created.

27) Technical Support – the RFP states technical support “shall be available within 2 hours following request” – does that mean 2 business hours, or does this require “2 hours” with 24x7 availability?

Business hours

28) Offeror Qualifications – the RFP states that the Offeror must be certified by Microsoft as a Licensing Solutions Partner (LSP), yet there is no software licensing included in the scope of work. Is this a true requirement, or can this requirement be removed?

They don’t need to be a LSP but do need to be MS Certified.

29) In the following section on page 35 of the RFP, will you consider making the changes shown below? We have E&O/Cyber insurance that aligns to most of the requirements in this section. In item (e), we work with many very large financial institutions and state agencies, and our current $1M/$2M insurance limits are sufficient for all of those, so we request that these required limits be reduced. In item (i), our E&O policy does not support having primary/non-contributory language, so we request that this requirement be removed.

The limit amounts can be changed from five million to one million dollars and ten million to two million dollars.

CONTRACTOR’S LIABILITY INSURANCE – INFORMATION SECURITY AND PRIVACY (FEB 2015)

(e) Coverage shall have limits no less than five one million ($51,000,000.00) dollars per occurrence and ten two million ($102,000,000.00) dollars aggregate.

(i) For any claims related to this contract, the insurance coverage required by this clause shall be primary insurance as respects the State, every applicable Using Governmental Unit, and the officers, officials, employees and volunteers of any of them. Any insurance or self-insurance maintained by the State, every applicable Using Governmental Unit, or the officers, officials, employees and volunteers of any of them, shall be excess of the Contractor’s insurance and shall not contribute with it.

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).