Attachment_C_-_WOC_RFQ S-58100-00014559_ODE_SSF System Modernization Analysis Project.pdf

Page | 1 of 6 RFQ S-58100-00014559

ATTACHMENT C

WORK ORDER CONTRACT FORM

FOR PROFESSIONAL IT BUSINESS SERVICES

(including Statement of Work)

MPSA # TBD Work Order Contract # ____

Project Name: ODE - SSF System Modernization Analysis Project

This Work Order Contract # ___________ is between the State of Oregon, acting by and through the Department of Education (“Authorized Purchaser”) and TBD (“Consultant”) (“Work Order Contract” or “WOC”), and is subject to and hereby incorporates by this reference all of the terms and conditions contained in MPSA #__TBD__between the State of Oregon, acting by and through the Department of Administrative Services, Procurement Services (“DASPS”) effective April 2, 2018.

No Services shall be performed until this WOC is signed by all Parties, all approvals necessary for Authorized Purchaser’s execution of this WOC have been obtained and the Notice-to- Proceed has been issued to Consultant by Authorized Purchaser.

Work Order Contract Termination Date: ______________________

Maximum Not-To-Exceed Compensation. Notwithstanding any other provision of this WOC to the contrary, the Maximum Not-to-Exceed Compensation that Authorized Purchaser will pay to Consultant is _____Dollars ($_____), which includes payment for any allowable expenses for which Consultant may request reimbursement under this WOC.

Authorized Purchaser Authorized Representative or Designated Contact:

Name:

Attn:

Title:

Address:

Contact Telephone Number:

E-Mail Address:

Other Authorized Purchaser Key Persons:

Page | 2 of 6 RFQ S-58100-00014559

Consultant’s Authorized Representative (if different from MSA) or Other Key Persons:

Name:

Attn:

Title:

Address:

Contact Telephone Number:

E-Mail Address:

Funds Available and Authorized: Authorized Purchaser believes it has sufficient funds currently available and authorized for expenditure to finance the costs of this WOC within Authorized Purchaser’s biennial appropriation or limitation. Consultant understands and agrees that Authorized Purchaser’s payment of amounts under this WOC is contingent on Authorized Purchaser receiving appropriations, limitations, or other expenditure authority sufficient to allow Authorized Purchaser, in the exercise of its reasonable administrative discretion, to continue to make payments under this WOC.

This Contract is comprised of this document and the following Exhibits attached hereto and by this reference made a part hereof:

WOC Exhibit No. 1: Statement of Work (“SOW”).

Certification: Any individual signing on behalf of Consultant hereby certifies and swears under penalty of perjury: (a) the number shown on the MSA is the Consultant’s correct taxpayer identification number; (b) Consultant is not subject to backup withholding because

(i) Consultant is exempt from backup withholding, (ii) Consultant has not been notified by the IRS that Consultant is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified Consultant that Consultant is no longer subject to backup withholding; (c) s/he is authorized to act on behalf of Consultant, s/he has authority and knowledge regarding Consultant’s payment of taxes, and to the best of her/his knowledge, for a period of no fewer than six calendar years preceding the Effective Date of this WOC, Consultant is not in violation of and has faithfully has complied with: (i) all tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318;(ii) any tax provisions imposed by a political subdivision of this state that applied to Consultant, to Consultant’s property, operations, receipts, or income, or to Consultant’s performance of or compensation for any work performed by Consultant; (iii) any tax provisions imposed by a political subdivision of this state that applied to Consultant, or to goods, services, or property, whether tangible or intangible, provided by Consultant; and (iv) any rules, regulations, charter provisions, or ordinances that implemented or enforced any of

Page | 3 of 6 RFQ S-58100-00014559 the foregoing tax laws or provisions; and (d) Consultant is an independent Consultant as defined in ORS 670.600.

In the event that Consultant is a general partnership or joint venture, any individual(s) signing on behalf of the partnership or joint venture hereby acknowledges, certifies and swears under penalty of perjury that Consultant’s signature on this WOC constitute certifications to the above statements pertaining to the partnership or joint venture, as well as certifications of the above statements as to any general partner or joint venturer signing this

WOC.

CONSULTANT

By: ____________________________________ Title: ___________________________________

Date: _________________________

AUTHORIZED PURCHASER

By: _____________________________________ Title: ____________________________________

Date: ________________________

Approved for Legal Sufficiency pursuant to ORS 291.047 by:

By: _____________________________________

Assistant Attorney General

Date: ____________________________________

Page | 4 of 6 RFQ S-58100-00014559

WOC Exhibit No. 1, Sample Statement of Work

PART I. BACKGROUND

Acceptance Process for Deliverables (Goods and Services):

Consultant will have full responsibility for the Tasks and Deliverables described in this SOW, and shall treat the Deliverables and associated Tasks as formal work requirements. A preliminary version of all Deliverables should be submitted to Authorized Purchaser for review and feedback prior to finalizing the Deliverable. Once complete, all Deliverables shall be submitted to Authorized Purchaser for acceptance and approval.

If Authorized Purchaser determines that the Goods or Services do not meet the acceptance criteria, Authorized Purchaser shall notify Consultant in writing of Authorized Purchaser’s rejection of the Services, and describe in reasonable detail in such notice Authorized Purchaser’s basis for rejection of the Services. Upon receipt of notice of non-acceptance, Consultant shall, within a 10 day period, modify or improve the Services at Consultant’s sole expense to ensure that the acceptance criteria, and notify Authorized Purchaser in writing that it has completed such modifications or improvements and re-tender the Services to Authorized Purchaser. Authorized Purchaser shall thereafter review the modified or improved Services within 10 days of receipt of Consultant’s delivery of the Services. Failure of the Services to meet the acceptance criteria after the second set of acceptance tests shall constitute a default by Consultant. Upon such default, Authorized Purchaser may either (i) notify Consultant of such default and instruct Consultant to modify or improve the Services as set forth in this SOW, or (ii) notify Consultant of such default and in which case Consultant shall comply with this SOW.

Removal/Reimbursement. If the Services are rejected or acceptance is revoked, Consultant shall refund any Contract payments that have been made with regard to the Services, and shall (at Consultant’s sole cost and expense) remove the Goods within seven (7) calendar days of receiving notice of rejection or revocation of acceptance.

Assumptions:

1. Analysis document that includes the following components: Solution Alternatives, Total Cost of Ownership (TCO), Cost-Benefit Analysis, Risk Assessment and Mitigation, Technical Feasibility and Scalability, Stakeholder Impact and Consultation, Implementation Roadmap and Timeline, and a Final Recommendation.

2. The Contractor will maintain and provide Project Risk, Issue, and Decision Logs

3. The Contractor will develop a high-level Project Management Plan covering scope, schedule, budget, risk, and communication.

Page | 5 of 6 RFQ S-58100-00014559

4. The Contractor will include documentation of Market Research conducted beyond the recommendation, including research with other states.

5. Certain components of the Solution Analysis may be fulfilled using existing internal documentation. The final scope of Deliverable 1.2 will be confirmed within two weeks of project initiation.

6. Contract Administrator recognizes that the Contractor shall not be held liable for missed deadlines due to Contract Administrator being unresponsive.

7. The Contract Administrator will provide a resource for the duration of the engagement who will serve as a single point of contact for the Contractor and to provide the Contractor Team Members access to required documentation or project related materials and assist in scheduling Contract Administrator meetings.

8. The Contract Administrator will provide all requested Information Request documentation within two (2) days after the Kick-off Meeting. Significant deviations to the requested information (completeness and quality) may affect Contractor’s schedule. The Contract Administrator and Contractor will review and assess the impact on the Deliverables and agree if a Change Order is required.

9. Contractor reports and deliverables (strictly for Deliverables 1.4 and 1.5: Draft and Final Reports) will be reviewed by the Contract Administrator for quality, relevance and response to the requirements for this engagement and returned to the Contractor within 3 calendar days. Feedback on all other deliverables will be revised in real-time during working sessions.

10. Pricing is fixed and based on the workplan and deliverables described in this document. Contractor assumes that all work will be done remotely. Pricing is based on a start date (kick-off meeting) no later than XXXX XX, 2025, the Project Kick-off Meeting occurs no more than three (3) days after NTP and the expected duration of no more 21-calendar days. Significant deviations to the Project Activities or Schedule that are beyond the control of the Contractor may require a Change Order.

11. Contract Administrator will review and approve the Contractor’s Project Workplan and Meeting Calendar within three (3) days of the Contract NTP.

Contract Administrator approval includes confirming all Contract Administrator Project commitments. Any scheduling changes may require a Change Order.

12. Contractor will invoice after the completion of Deliverable 1.2 and 1.6

PART II. TASKS AND DELIVERABLES

A. Consultant Tasks and Deliverables:

Consultant shall:

Provide a Report with analysis on the cost and benefits of options available to ODE to modernize the SSF System including, but not limited to, internal system development, vendor custom build with internal maintenance and operations, and vendor custom build with vendor maintenance and operations.

Task No. 1:

Page | 6 of 6 RFQ S-58100-00014559

Facilitate a One (1) hour virtual kick-off meeting with Project Sponsors, Contract Administrator and Contractor Teams: Define the Scope, identifying key performance indicators (KPIs), and establishing the initial framework for data collection.

Deliverable No. 1.1:

Project Management Plan

Deliverable No. 1.1 Due Date:

Notice to Proceed (NTP) + three (3) business days

Task No. 1.2a:

Solutions Analysis, must include Total Cost of Ownership and supporting data.

Deliverable No. 1.2a:

Benchmark Data Collection

Deliverable No. 1.2a Due Date:

Immediately following kick-off meeting

Task No. 1.2b:

Cost Benefit Analysis, and Review of Risk Assessment and Mitigation Strategies.

Deliverable No. 1.2b:

Benchmark Data Collection

Deliverable No. 1.2b Due Date:

Immediately following kick-off meeting

Task No. 1.3:

Stakeholder Impact: Analysis of data from August 2025 partner engagement survey and recommendations for project deliverables and stakeholder engagement.

Deliverable No. 1.3:

Analysis and Recommendations

Deliverable No. 1.3 Due Date:

Immediately follow current state assessment

Task No. 1.4:

Draft Report analyzing findings not to exceed five pages (comprised of components of 1.2a, 1.2b, and 1.3): Draft preliminary recommendations based on the analysis.

Deliverable No. 1.4:

Draft Recommendations and Roadmap

Deliverable No. 1.4 Due Date:

NTP + 28 calendar days

Task No. 1.5:

Final Report detailing findings not to exceed five pages: Review the draft recommendations and make final adjustments.

Deliverable No. 1.5:

Final Report

Page | 7 of 6 RFQ S-58100-00014559

Deliverable No. 1.5 Due Date:

Three (3) calendar days after receipt of Contract Administrator’s comments on Draft Report

Task No. 1.6:

One (1) hour virtual closeout meeting with Contract Administrator, Sponsors, Project Team, and Contractor Teams: Go over access to the benchmarking service. This includes regular updates, access to new data, and continuous support to help Authorized Purchaser stay aligned with industry standards and best practices.

Deliverable No. 1.6:

Meeting Summary

Deliverable No. 1.6 Due Date:

Within three (3) calendar days of Contract Administrator’s receipt of Final Report

Deliverable Schedule

Deliverable No.

Description Due Date

1.1

One (1) hour virtual kick-off meeting with Project Sponsors, Contract Administrator and Contractor Teams: Define the Scope, identifying key performance indicators (KPIs), and establishing the initial framework for data collection.

Notice to Proceed (NTP) + three (3) business days

1.2a Solutions Analysis, must include Total Cost of Ownership and supporting data.

Immediately following kick-off meeting

1.2b Cost Benefit Analysis, and Review of Risk Assessment and Mitigation Strategies.

Immediately following kick-off meeting

1.3.

Stakeholder Impact: Analysis of data from August 2025 partner engagement survey and recommendations for project deliverables and stakeholder engagement

Immediately follow current state assessment

1.4

Draft Report analyzing findings not to exceed five pages (comprised of components of 1.2a, 1.2b, and 1.3): Draft preliminary recommendations based on the analysis.

NTP + 28

calendar days

1.5

Final Report detailing findings not to exceed five pages: Review the draft recommendations and make final adjustments.

Three (3) calendar days after receipt of Contract Administrator’s comments on Draft Report

Page | 8 of 6 RFQ S-58100-00014559

1.6

One (1) hour virtual closeout meeting with Contract Administrator, Sponsors, Project Team, and Contractor Teams: Go over access to the benchmarking service. This includes regular updates, access to new data, and continuous support to help Authorized Purchaser stay aligned with industry standards and best practices

Within three

(3) calendar days of Contract Administrator’s receipt of Final Report

B. Responsibilities of Authorized Purchaser:

• Authorized Purchaser recognizes that the timeline for the Project is ambitious and understands that the timeline can only be met if the Contract Administrator Team is responsive.

• Authorized Purchaser’s Office of Finance and Information Technology Management Personnel have emphasized to all their respective Teams that this Project is a top-tier priority.

• Contract Administrator will review and approve the Contractor’s Project Workplan and Meeting Calendar within three (3) days of the Contract NTP. Contract Administrator approval includes confirming all Contract Administrator Project commitments. Any scheduling changes may require a Change Order.

PART III. SPECIAL CONSIDERATIONS

A. Consultant Key Persons:

B. Change Orders: Pursuant to the provisions of Section 9 of the MPSA, Authorized Purchaser may request additional Work from the Consultant as it directly relates to the scope of services described in this SOW. This SOW may be amended for circumstances including:

1. Adjustments to the SOW maximum not-to-exceed compensation;

2. Additional Work, Tasks and Deliverables, including those that become

3. apparent as the project progresses or for Optional Work as defined in Part II of this

SOW.;

4. SOW time extensions.