SAP

State of South Carolina

Invitation For Bid

Amendment 2 Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400021601 08/02/2021

NATHAN DAWSON

(803) 737-9931 ndawson@mmo.sc.gov SFAA, Div. of Procurement Services 1201 Main Street, Suite 600 Columbia SC 29201

DESCRIPTION: ServiceNow Implementation/Maintenance Software

USING GOVERNMENTAL UNIT: South Carolina Division of Technology Operations (DTO)

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

SUBMIT OFFER BY (Opening Date/Time): 08/16/2021 11:00:00 (See "Deadline For Submission Of Offer" provision)

QUESTIONS MUST BE RECEIVED BY: 07/23/2021 11:00:00 email questions to ndawson@mmo.sc.gov (See "Questions From Offerors" provision)

NUMBER OF COPIES TO BE SUBMITTED: One online submission

CONFERENCE TYPE: Not applicable

DATE & TIME:

LOCATION: Not applicable

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 thirty (30) 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 to this solicitation. Total potential value of contracts estimated to exceed $500,000.

SC Consolidated Procurement Code and Regulations 11-35-1524(E)(2)

PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE:

Not applicable to this procurement.

____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 #1

Solicitation #5400021601

AMENDMENTS TO SOLICITATION (JAN 2004)

(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 (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. [02-2A005-1]

Highlighted text is added to the original provision. Stricken text is deleted.

Section III. of the solicitation is amended as follows: SASAP

III. SCOPE OF WORK/SPECIFICATIONS

3.0 Background

DTO is an operating unit under the South Carolina Department of Administration and is tasked with helping to facilitate the delivery of technology, security, and privacy-related services and solutions to governmental entities throughout the state.

DTO provides a host of enterprise-level services, including, but not limited to, managed and unmanaged server hosting, and full-service desktop support services. DTO is also a network services solutions provider, supporting enterprise-level routers, switches, firewalls, and the associated infrastructure, including internal and external cabling and wiring, as well as providing Internet and intranet services.

Our customers consist of over 70 South Carolina state agencies totaling nearly 50,000 state employees, plus over 200 South Carolina counties, municipalities, and local governmental units.

In March 2016, a comprehensive request for proposal was developed and issued to seek a solution for help desk services. As a result, a contract was established for ServiceNow and its related software features. This software has been in place and is currently being used by both DTO and the Division of Security (DIS) support personnel. This solicitation seeks to renew and establish a new multi-year contract for these ServiceNow approved family of products and services.

As part of the 2016 contract, the State signed ServiceNow’s Master Subscription Service Agreement (MSSA). The MSSA specifies the terms and conditions under which the services provided by the Contractor awarded under this solicitation will be provided, apart from price, payment, and other terms specified in this solicitation.

3.2 Contractor Requirements/Responsibilities

1. The Contractor must abide by the terms and conditions of the ServiceNow Master Subscription Agreement and Amendment to that Agreement. These documents are attached to this solicitation as Attachment A.

2. The Contractor must be an Elite ServiceNow Business Partner in good standing and authorized reseller of all in-scope ServiceNow products.

3. The Contractor must notify the State in writing immediately of any changes between ServiceNow and the Contractor that could adversely affect the Contractor’s ability to comply with its contractual responsibilities or performance obligations.

4. The Contractor must provide expert technical advice regarding ServiceNow’s offerings and provide appropriately qualified technicians to perform all professional services offered under this contract as ordered by the State.

5. The Contractor must be able to design/architect/implement the following ServiceNow products:

· Software Asset Management Professional (SAM)

· IT Security Operations Module (SecOps)

· Customer Service Management (CSM)

· Governance, Risk and Compliance (GRC).

· IT Operations Management Professional and Enterprise (ITOM)

· Integrated Risk Management Enterprise (IRM)

· Cloud Management

6. The Contractor must be able to deliver on non-ServiceNow technology, i.e. Azure, AWS, Hashi, etc., that will underpin and support the ServiceNow platform & CMDB.

7. In addition to the specified products listed in this solicitation, the Contractor may be asked to provide other ServiceNow products as ordered by the State. The Contractor must provide a discount on the Suggested Retail Price of these products which meets or exceeds the discount offered in the Contractor’s bid.

8. The Contractor may coordinate the delivery of ServiceNow Training & Professional Services. However, the services must:

(1) be associated with the approved product families herein, and;

(2) be commoditized such that they have a standard statement of work, associated SKU, and suggested list price.

Use of this contract for OEM Training & Professional Services must be pre-approved in writing by the assigned SFAA OSP Procurement Manager. If DTO requires the Contractor to provide training, the details of that need will be included in a formal Statement of Work. Any training materials required shall be in electronic format, unless otherwise specified.

9. Associated costs:

(1) All delivery charges must be included in the price for the product and must not be invoiced separately.

(2) Travel expenses may be reimbursed separately if appropriate in accordance with the “Travel Expenses” clause in Section VIIB of this solicitation.

3.2 DTO Responsibilities

1. DTO must abide by the terms and conditions of the ServiceNow Master Subscription Agreement and Amendment to that Agreement. These documents are attached to this solicitation as Attachment A

2. When services are desired, DTO will submit a request to the Contractor to provide a Statement of Work.

DELIVERY DATE -- 30 DAYS ARO (JAN 2006)

Unless otherwise specified herein, and based upon manufacturer’s availability, all items shall be delivered no later than thirty days after contractor's receipt of the purchase order. If the using governmental unit requests delivery sooner than the time specified, contractor may invoice the ordering entity any additional shipping charges approved by the ordering entity on the purchase order. [03-3037-1]

Section VIIB. of the solicitation is amended as follows: SASAP

VII. TERMS AND CONDITIONS -- B. SPECIAL

DEFAULT (JAN 2006)

(f) The State shall pay contract price for completed supplies delivered and accepted supplies ordered prior to termination. The Contractor and Procurement Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property; if the parties fail to agree, the Procurement Officer shall set an amount subject to the Contractor's rights under the Disputes clause. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the Procurement Officer determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.

Section VIIB. of the solicitation is amended as follows: SASAP

VIII. BIDDING SCHEDULE / PRICE-BUSINESS PROPOSAL

BIDDING SCHEDULE (NOV 2007)

Product Catg.: 20811 - Application Software Microcomputer

Item Description: PROD12020

Tendering Text: Integrated Risk Management Professional - IRM User

Product Catg.: 20811 - Application Software Microcomputer

Item Description: PROD12021

Tendering Text: IRM Enterprise

Product Catg.: 20811 - Application Software Microcomputer

Item Description: Market Basket Discount

Tendering Text: Enter the percentage discount off the Suggested Retail Price for ServiceNow items not listed above which are discountable.

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]

The following questions were received pursuant to the original date and time specified on the front of the solicitation:

1. Question: Section V. Qualifications – Qualifications – Special Standards of Responsibility: paragraph (a) 1 states: “The Offeror must be an Elite ServiceNow Business Partner in good standing and authorized reseller of all in-scope ServiceNow products”. Can a subcontractor fulfill this requirement?

State’s Response: No.

2. Question: Section V. Qualifications – Qualifications – Special Standards of Responsibility: paragraph (a) 1 states: “The Offeror must be an Elite ServiceNow Business Partner in good standing and authorized reseller of all in-scope ServiceNow products”. Will the State consider amending this clause to allow Offerors to be a Premier or Elite ServiceNow Business Partner? The only difference between Elite and Premier ServiceNow Partners are the number of employees who have been certified for various ServiceNow modules.

State’s Response: No.

3. Question: Section V. Qualifications – Qualifications – Special Standards of Responsibility: paragraph (a) 3 states: “The Contractor must have previous experience with large state-wide initiatives that are multi-disciplined (ServiceNow + AWS, Azure, etc.)”. Will the State consider large non-state (i.e. commercial) multi-disciplined initiatives of similar size, scope, and complexity as acceptable qualifications?

State’s Response: Yes. The State will consider large non-state (i.e. commercial) multi-disciplined initiatives of similar size, scope, and complexity as acceptable qualifications.

4. Question: Section V. Qualifications – Qualifications – Special Standards of Responsibility: paragraph (a) 2 states: “The Offeror’s C-SAT Score must be 4.5 or greater, with proof of past performance directly related to project experience with ServiceNow products described in Section III of this solicitation.” On the ServiceNow Partner website, we have a C-SAT score of 4.0 - however this is because most of our implementations are MSP (Managed Service Provider), which are not measured for C-SAT. Can you confirm whether this would disqualify our response?

State’s Response: A C-SAT Score of 4.5 or greater, with proof of past performance directly related to project experience with ServiceNow products, is required.

5. Question: Section VIII. Bidding Schedule/Price-Business Proposal – Line Item 15: “Market Basket Discount

a. With this request, is the State looking to receive a fixed discount rate off of “Retail Price” (aka List Price) which would allow the State to purchase any item ServiceNow sells, not listed in this Proposal Document, at that Discount Percentage?

b. Since there are products from ServiceNow which are not discountable, would the State find it acceptable to add language calling out a discount percent for products which are discountable at any rate and excluding those which are not?

State’s Response: a) Yes.

b). Yes. That language has been added to Line Item 15. See this Amendment.

6. Question: Is the State amenable to a reasonable limitation of liability?

State’s Response: Due to the form of the procurement as an Invitation for Bid, the State is not amendable to such a change to the procurement.

7. Question: With respect to all deliverables provided to the State by the Contractor, can the State confirm that all of Contractor's preexisting intellectual property (including, without limitation, proprietary or licensed tools, command lines, templates, methods, and know-how) will remain the property of the Contractor notwithstanding any deliverables provided to the State?

State’s Response: Yes.

8. Question: What are the payment terms? Is the State willing to accept payment of net 30 from the date the services are accepted?

State’s Response: Please see the provision PAYMENT and INTEREST (FEB 2021).

9. Question: The RFP does not address how deliverables are accepted or rejected. How many days does the State have to accept or reject deliverables provided by the Contractor to the State?

State’s Response: Considering the variety of deliverables possible under this procurement, the State does not feel it is in its best interest to set a specific number of days for deliverables to be accepted or rejected.

10. Question: Section III. Scope of Work/Specifications – 3.2 Contractor Requirements/Responsibilities: paragraph 9(1) states: “All delivery charges must be included in the price for the product and must not be invoiced separately.” Can this requirement be modified to say that delivery charges are estimates and will be trued-up when actual charges are known?

State’s Response: No. Please factor in customary delivery charges into your pricing and discounts.

11. Question: Can the State include a clause stating that all warranties – express or implied – that are not included in the Solicitation are disclaimed?

State’s Response: Due to the form of the procurement as an Invitation for Bid, the State is not amendable to such a change to the procurement.

12. Question: Section VII. Terms and Conditions – B. Special – Indemnification – Intellectual Property: Can this clause be modified to provide indemnification only for Services, while IP indemnification for products be the responsibility of the manufacturers of the products?

State’s Response: Due to the form of the procurement as an Invitation for Bid, the State is not amendable to such a change to the procurement.

13. Question: Section III. Scope of Work/Specifications – Delivery Date – 30 Days ARO: Can this clause be modified to guarantee delivery schedules only to the extent the manufacturer(s) of the products promise delivery dates?

State’s Response: Yes. This clause has been modified to allow for guaranteed delivery schedules based upon manufacturer’s availability. See this Amendment.

14. Question: Can a SOC 2 Type 2 report be submitted in lieu of the Service Provider Security Questionnaire?

State’s Response: No.

15. Question: Section VII. Terms and Conditions – B. Special – Default: Can the State modify this clause to state that a cover remedy is only available if a default remains uncured for thirty days?

State’s Response: No.

16. Question: Section VII. Terms and Conditions – B. Special – Default – subparagraph (f) states: “The State shall pay contract price for completed supplies delivered and accepted”. Can the State modify the payment for the contract price to allow payment for supplies ordered prior to termination? As a reseller and not the manufacturer of products, Offeror must pay its manufacturers for all goods ordered and has no cancellation or return rights for products once ordered.

State’s Response: Yes. This clause has been modified. See this Amendment.

17. Question: Can the State verify that upon any termination, the State will pay for services completed through the date of termination?

State’s Response: Yes.

18. Question: 3.2 Contractor Requirements/Responsibilities, Item 6; Does the State require their selected/awarded partner to configure ServiceNow to integrate with 3rd party systems, and that partner will also be responsible for the configuration of those 3rd party systems to integrate with ServiceNow? Or, would the partner only be required to implement and support the ServiceNow side of the application, and the ServiceNow side of the integrations with AWS, Azure, Hashi, etc? We are a ServiceNow-only shop, and we have some legal barriers that preclude us from implementing and developing other technology. However, we are extremely well versed in these integrations, and can manage every piece of the ServiceNow side, if SC or the other respective vendor can manage the other tool's necessary development work.

State’s Response: The partner would only be required to implement and support the ServiceNow side of the application, and the ServiceNow side of the integrations with AWS, Azure, Hashi, etc.

19. Question: Is there an overall desired timeline for this implementation? Or will each Module (ITSM, ITOM, IRM, etc.) be scheduled out separately after award? Curious if SC would like to Implement any of these in tandem, or if more of a waterfall approach would be taken?

State’s Response: There is no overall desired timeline for the implementation. More of a waterfall approach would be taken for new module/software implementation. The following products are currently licensed and in use:

Products currently licensed:

ALL OTHER TERMS, CONDITIONS, BIDDING INSTRUCTIONS, AND SPECIFICATIONS REMAIN UNCHANGED. IF THERE ARE ANY QUESTIONS 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” CLAUSE IN THE ORIGINAL REQUEST FOR PROPOSAL.

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