C000978 Discretionary Procurement GitLab.7.17.docx

Discretionary Procurement # C000978

KATHY HOCHUL

Governor

DRU RAI

Chief Information Officer

EVENTS TABLE

Procurement Lobbying Law/Restricted Period is in effect for this Solicitation. Pursuant to New York Lobbying Law and State Finance Law §139-j and §139-k, communications between ITS and Bidders is restricted during the procurement process and is in effect for this procurement. Except for ITS’s designated contacts, communications with any other State staff regarding this procurement, including questions and submissions during the solicitation period, is strictly prohibited and may result in disqualification and rejection of the submission. The designated contacts for external communications are listed below:

Primary Contact: Dolly Bernard, Contract Manager Secondary Contact: Nisha Thomas, Contract Manager Email Address: its.sm.MAT.Solicitations@its.ny.gov

All responses must be submitted electronically via e-mail to the designated contacts listed above. No other method of inquiries will be accepted.

Contents

Solicitation Attachments Attachment 1 – Letter of Interest (LOI) Attachment 2 – Vendor Questions Form Attachment 3 – Contractor Project Lead Form Attachment 4 – Financial Workbook

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1.0 INTRODUCTION

The New York State Office of Information Technology (ITS) is announcing a Discretionary Procurement for qualified entities that can provide the professional services described in this solicitation document.

The purpose of this solicitation is to invite any eligible and interested entities that believe they can meet the eligibility criteria to inform ITS by submitting Attachment 1 – Letter of Interest (LOI). To be considered responsive, your organization’s Proposal should be received no later than the Proposal Due Date specified in the Events Table on the first page of this announcement. Section 7.0 - HOW TO RESPOND provides additional information and guidance for responding to this solicitation, including all required forms.

This procurement is authorized under Section 163 of State Finance Law as a Discretionary Purchase, allowing ITS to contract without a formal competitive process in certain circumstances. This opportunity is limited to purchases up to the Discretionary Buying Threshold from respondent organizations qualified as:

a. NYS certified Minority and/or Women-owned Business Enterprises (MWBE)

b. NYS certified Service-Disabled Veteran-Owned Businesses (SDVOB)

c. NYS Small Business Enterprises (SBE)

NYS certified MWBE and SDVOB are qualified pursuant to Article 15-A of State Executive Law and Article 3 of Veterans’ Services Law. In accordance with Section 160(8) of State Finance Law and Article 4-B of Economic Development Law, a Small Business Enterprise is domiciled in New York State, independently owned and operated, not dominant in its field, and employs 100 or less persons.

2.0 PROCUREMENT BACKGROUND

ITS Enterprise Network Services are currently operating on an outdated GitLab Enterprise ITS Repository platform. This platform requires an upgrade to an expanded storage capacity to meet state agency needs. ITS is seeking an upgraded platform.

The current platform has outgrown its capacity and requires enhanced security hardening, High Availability (HA), and Disaster Recovery (DR) capabilities to ensure continuous operation. Furthermore, the system must be updated to comply with current security standards.

This solicitation is seeking professional services from qualified capable vendors to upgrade the GitLab Enterprise ITS Repository to a full HA and DR environment, expanding its architecture from its current 1k capacity using SAML to handle 5k architecture and support the deployment of GitLab Self-Managed (SM).

GitLab currently provides the service for managing the storage of code, serving as a secure asset repository for ITS Enterprise Network Services and other agencies.

3.0 MINIMUM QUALIFICATIONS

Bidders are advised that the State’s intent is to ensure that only responsive, responsible, qualified, and reliable Contractors enter into an authorized user agreement to perform the work as defined in this document.

The State considers the following qualifications to be a pre-requisite to be considered as a qualified Bidder for purposes of this solicitation. Bidders not meeting the qualifications below will be disqualified.

Bidders must document it meets all minimum qualifications in Attachment 1 – Letter of Interest:

a. Are properly licensed to conduct business in the State of New York or provide a commitment to become properly licensed to conduct business in the State of New York within 30 calendar days of the date of the award letter, if selected for the award.

b. Are ei t h er a N YS SB E , NYS-certified MWBE, or N YS - c e rti fi e d SDVOB as defined in Section 1.0 - INTRODUCTION.

c. Must hold an active GitLab Partner Agreement (Select Tier or above) with authorization to resell GitLab Professional Services.

4.0 SCOPE OF WORK - SERVICE REQUIREMENTS

The selected vendor will be expected to provide the Professional Services set forth below. These services will include guidance and oversight of NYS ITS personnel on the development, expansion, installation, and configuration milestones on the GitLab platform. The Contractor shall maintain daily communication with designated NYS ITS personnel and shall provide weekly written status reports detailing the progress of each step of the platform expansion project.

The Contractor shall complete the project activities in accordance with the project schedule and anticipated twelve (12) month timeline.

The vendor shall complete all work in accordance with the Phases set forth in this section. Phases represent critical checkpoints in the project and are used to measure progress and confirm deliverable acceptance. ITS and the selected vendor will jointly determine the specific work products associated with each Phase; such work products may be modified upon mutual agreement of the parties, provided that any modification is documented in writing and approved by the Agency prior to taking effect.

4.1 Phase 1

This phase shall be completed within two (2) months. Throughout this phase the Contractor shall conduct weekly status meetings with ITS and provide weekly written status reports. Upon completion of this phase, the Contractor shall submit an architectural diagram and a design document to the ITS Development Security and Operations (DEVSECOPS) team for review and approval.

Project Milestone: Discovery and Design: GitLab Geo Architecture Diagram GitLab Inc. This diagram and design document will detail how to implement

GitLab infrastructure to support ITS (High Availability (HA) and Disaster Recovery (DR).

4.2 Phase 2

This phase should be completed within six (6) months. Throughout this phase the Contractor shall conduct weekly status meetings with ITS and provide weekly written status reports. Upon completion of this phase, the Contractor shall deliver an HA Primary environment configured to support 5,000 users.

Project Milestone: Geo Primary Configuration: Configure Current Deployment as Geo Primary GitLab Inc. This configuration is to harden and stabilize current primary environment of GitLab.

Project Milestone: Guided Configuration: Configure GitLab Geo Connection Between Primary and Secondary GitLab Inc.

Project Milestone: Object Storage Migration: Object Data Moved to Cloud Storage GitLab Inc. This will migrate all data to a functional S3 storage area.

4.3 Phase 3

This phase should be completed within four (4) months. Throughout this phase the Contractor will conduct weekly status meetings with ITS and provide weekly written status reports. Upon completion of this phase, the Contractor shall deliver a fully functional DR GitLab site that has been fully tested for outages to prove resiliency.

The Contractor shall conduct a final project closeout meeting and shall submit a comprehensive final report, along with all associated installation and configuration documentation. The final report shall provide a complete summary of all work performed under the Contract and any outstanding items or recommendations.

Project Milestone: Geo Secondary Deployment: Geo Secondary Instance Deployed Using 5K Reference Architecture GitLab Inc.

Project Milestone: Geo Secondary Deployment for DR: Install, Configure, and Data Replicated Geo Secondary for Disaster Recovery GitLab. This is the DR backup system for the second Phase.

Project Milestone: Data Replication: Data Replicated over to Secondary Implementation GitLab Inc. without any loss or degradation of data in the DR backup system.

Project Milestone: Secondary Promotion: Promote Secondary (5k Reference Architecture) as Primary Instance GitLab Inc. This is to validate DR performance recovery properly.

Following ITS Development Security and Operations (DEVSECOPS) team’s approval of the project milestones for each phase, the Contractor shall submit invoices via email, for the completed milestones associated with that phase.

5.0 CONTRACTOR PROJECT LEAD

The Contractor must provide a single GitLab Certified Professional Services Engineer to lead the ITS team.

A. The Contractor shall provide a current resume for the proposed Project Lead and, on Attachment 3 – Contractor Project Lead Form, demonstrate the individual’s compliance with the required experience and qualifications below. The resume shall include the individual’s education, employment history, and experience performing work similar in scope, complexity, and responsibilities to the services required under this solicitation.

1. Professional Experience - The Project Lead must have a minimum of three (3) years of experience in GitLab configuration, installation and migration.

2. Certifications - The Project Lead shall hold each of these certifications:

a. GitLab Certified Git Associate

b. GitLab Certified Project Management Associate

c. GitLab Certified CI/CD Associate

d. GitLab Certified Security Specialist

e. GitLab Certified Implementation Services Specialist

f. GitLab Certified Migration Services Specialist

3. Technical Experience - The Project Lead shall possess:

a. Build experience with larger system infrastructure architecture for at least 100 users;

b. Service experience with:

i. Linux operating systems,

ii. Cloud Computing, and

iii. Kubernetes

4. Project Experience – The Project Lead must have experience leading at least one (1) project of similar scope and complexity for a public-sector organization or entity.

B. Contract Project Lead Substitution: Any proposed substitution of the Contractor Project Lead key personnel identified in Attachment 3 – Contractor Project Lead Form, whether prior to contract award or during the term of the contract, shall require the Contractor to demonstrate that the replacement individual possesses qualifications, experience, and certifications equal to or exceeding those of the individual being replaced. The State reserves the right to review and approve or reject any proposed substitution of key personnel; such approval shall not be unreasonably withheld.

C. Work Hours: All work shall be performed remotely unless otherwise authorized by ITS. Any Contractor travel required to perform the services must be approved in advance by ITS. Standard hours are 9am-5pm Monday-Friday Eastern Standard Time. The Contractor shall provide ITS with at least ten (10) business days’ advance written notice for non-standard hours and obtain ITS’ approval. The Contractor shall follow official government holidays applicable to the ITS service delivery location.

D. Onboarding: The Contractor shall be responsible for understanding and complying with all applicable ITS onboarding requirements, processes, procedures and guidance necessary for the ITS environment, including Laptop provisioning, VPN access, System entitlements, and any required training.

6.0 EQUAL EMPLOYMENT OPPORTUNITY AND SUPPLIER DIVERSITY

For the purposes of a contract for this procurement, ITS has established:

a. an overall goal of 30% participation for NYS-certified minority and women-owned business Enterprises (MWBEs), 15% for minority-owned business enterprises (MBE) participation, and 15% for women-owned business enterprises (WBE) participation (based on the current availability of qualified MBEs and WBEs); and

b. an overall goal of 6% for NYS-certified service-disabled veteran-owned businesses (SDVOBs).

7.0 HOW TO RESPOND

To be considered responsive, interested parties should complete and submit all required documents by email in conformance with the format and content requirements as detailed in this Section. The subject line of the email submission of your response should include the following information: Discretionary Procurement #C000978 – Vendor Name. Additionally, the vendor’s name should be in the body of the email and in the file names of attached documents to ensure the submission is processed efficiently. Early submissions are encouraged, and late responses may be subject to rejection.

No extraneous terms shall be incorporated into the ITS Agreement unless expressly accepted by ITS in writing. Acceptance and/or processing of a Bid shall not constitute acceptance of extraneous terms.

Proposals must be emailed to its.sm.MAT.Solicitations@its.ny.gov by the Proposal Due Date specified in the Events Table on the first page of this solicitation. All files submitted must be able to be opened and reviewed without requiring additional credentials. Materials that are password-protected, encrypted, or otherwise restricted may be considered non-responsive and may result in the proposal being disqualified. A proposal that does not provide all information requested may be subject to rejection.

A complete response to this solicitation from a vendor submitting a bid includes the following required documents:

Attachment 1 – Letter of Interest Form: Must be completed in its entirety, signed by an authorized representative. Missing information may be considered non-responsive and may result in the proposal being disqualified.

Attachment 3 – Contractor Project Lead Form

Attachment 4 – Financial Workbook: Provide the total price for each deliverable. Pricing must be inclusive of all proposed labor, equipment, materials, supplies, travel, administration, delivery, profit, and other ancillary costs. Any deviations, alterations, qualifiers, ranges, etc., included in the financial proposal worksheet may result in the proposal being rejected.

Additional Documentation – Upon request by ITS, additional documents may be required to be completed as part of the contract development process. Information regarding these documents will be provided by ITS during the evaluation phase, and the documents include, but are not limited to the following:

a. New York State Required Certifications (nys-its-required-forms.pdf)

b. Confidentiality and Non-Disclosure Agreement

c. AC 3271-S Consultant Services Contractors Planned Employment Form

d. Vendor Responsibility Questionnaire (Proof of online VendRep certification)

e. Proof of Workers’ Compensation Insurance (if applicable)

f. Proof of Disability Benefits Coverage (if applicable)

g. ST-220-CA Contractor Certification to Covered Agency (if applicable)

h. Equal Employment Opportunity (EEO) Staffing Plan

i. MWBE Utilization Plan Form (if applicable)

j. Service-Disabled Veteran-Owned Business Utilization Plan (if applicable)

k. MWBE and/or SDVOB Quarterly Compliance Reports (Required during contract term)

l. EEO and MWBE Policy Statement

8.0 VENDOR QUESTIONS

Vendor questions should be submitted on Attachment 2 – Vendor Questions Form via email to its.sm.MAT.Solicitations@its.ny.gov by the Vendor Questions Due Date listed on the first page of this solicitation in the Events Table. The subject line must include the following information: Discretionary Procurement C000978. Questions received after this time may not be addressed at the discretion of ITS.

Under the requirements of the Procurement Lobbying Act, all communications regarding advertised Procurements are to be channeled only through the primary contact identified herein.

9.0 EVALUATION PROCESS

All Bid Responses received in a timely manner will be reviewed to determine if they meet the Bid Response submission requirements. After the Bid Response opening, each Bid Response will be screened for completeness and conformance with the Discretionary Procurement requirements. Bid Responses that do not meet Discretionary Procurement requirements may be deemed non-responsive, removed from further consideration, and the Contractor notified accordingly.

The Bid Response Completeness Review is evaluated on a Pass/Fail basis and will determine if Contractors have met all participation and submission requirements of this Discretionary Procurement, such as providing mandatory compliance-related documents.

ITS may require additional information from an organization before deciding whether the interested organization is eligible and can supply the requested goods or services. If ITS requests additional information, it must be provided within five (5) business days from the request or as otherwise directed in the request. Failure to provide the requested information within five (5) business days may result in your company being found non-responsive and no longer considered for an award.

An Award will be made to the responsive and responsible Bidder that best meets the programmatic needs. Awards are contingent upon the vendor maintaining and certifying a Vendor Responsibility Questionnaire through the New York State VendRep System. Vendors must be found responsible and cannot be listed on the OGS prohibited vendors list. Vendors must provide their New York State vendor identification number when enrolling. To request a vendor identification number or for direct VendRep System user assistance, contact the OSC Help Desk by phone at 866-370-4672 or 518-408-4672 or by email at itservicedesk@osc.ny.gov.

10.0 DISPUTES / CONTROVERSIES OCCURING DURING THE TERM OF THIS AGREEMENT

In the event there is a dispute or controversy during the term of the ITS Agreement resulting from this Discretionary Procurement, the Contractor and ITS agree to exercise their best efforts to resolve the dispute as soon as possible. The Contractor and ITS shall, without delay, continue to perform their respective obligations under the resulting ITS Agreement which are not affected by the dispute. Primary responsibility for resolving any dispute arising under the ITS Agreement shall rest with the persons designated by the ITS and the Contract’s Contract Administrator, and/or Account Manager.

In the event the ITS is dissatisfied with the Contractor’s Products provided under the ITS Agreement, the ITS shall notify the Contractor in writing pursuant to the terms of the Contract. In the event the Contractor has any disputes with the ITS, the Contractor shall notify the ITS in writing. If either party notifies the other of such a dispute or controversy, the other party shall then make good faith efforts to solve the problem or settle the dispute amicably, including meeting with the party’s representatives to attempt diligently to reach a satisfactory result.

If negotiation between such persons fails to resolve any such dispute to the satisfaction of the parties within fourteen (14) business days or as otherwise agreed to by the Contractor and ITS, of such notice, then the matter shall be submitted to the persons designated by the ITS and the Contractor’s senior officer of the rank of Vice President or higher as its representative. Such representatives shall meet in person and shall attempt in good faith to resolve the dispute within the next fourteen (14) business days or as otherwise agreed to by the parties. This meeting must be held before either party may seek any other method of dispute resolution, including judicial or governmental resolutions. Notwithstanding the foregoing, nothing in this section shall be construed to prevent either party from seeking and obtaining temporary equitable remedies, including injunctive relief.

The Contractor shall extend the dispute resolution period for so long as the ITS continues to make reasonable efforts to cure the breach, except with respect to disputes about the breach of payment of fees or infringement of its or its licensors’ intellectual property rights. Nothing in this section shall diminish the State’s right to terminate the Contract as prescribed in the Contract.

11.0 ITS RESERVED RIGHTS

a. ITS reserves the right to withdraw, amend or postpone this solicitation, without notice, and without liability, to any applicant, or other party, and may exercise these rights at any time.

b. ITS reserves the right to conduct contract negotiations with the next responsible Contractor should ITS be unsuccessful in negotiating with the first tentative awardee.

c. ITS reserves the right to establish evaluation criteria, evaluate bids and award contracts on the basis of these criteria.

d. ITS reserves the right to modify the requirements of this procurement and Solicitation and to modify, correct and clarify requirements at any time provided modifications would not materially benefit or disadvantage the Contractor.

e. ITS reserves the right to eliminate any requirement of this Solicitation in the event no Contractor can meet it.

f. ITS reserves the right to make an award under this Solicitation in whole or in part.

g. Reject any and all proposals received in response to this Solicitation opportunity.

h. ITS reserves the right to request a Best and Final Offer from any or all Contractors.

i. ITS reserves the right to employ other consultants and contractors in connection with its responsibilities and functions. In that event, the Contractor will, as directed by ITS, cooperate and work in harmony with such consultants and contractors.

j. The relationship of the Contractor to ITS shall be that of an independent contractor. In accordance with such status as an independent contractor, the Contractor covenants and agrees to act consistent with such status: to neither hold itself out as, nor claim to be, an officer or employee of ITS or the State by reason hereof; and not to, by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of ITS or the State, including but not limited to workers’ compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership credit.

k. The Contractor specifically represents, agrees, and warrants that its members, officers, employees, agents, servants, consultants, shareholders, and subcontractors have and shall possess the experience, knowledge, and character necessary to qualify them individually for the particular duties and services performed hereunder.

l. This Solicitation is intended to secure the professional services of the Contractor because of its ability and shall not be assigned, conveyed, transferred, or disposed of by the Contractor.

m. ITS has an absolute right and discretion to approve or disapprove any proposed staff and changes in staff. The Contractor shall notify ITS of any proposed changes in staff immediately. ITS, in each instance, will be provided with a summary of experience of the proposed substitute and an opportunity to interview that person, prior to giving its approval or disapproval. Any substitute staff provided by Contractor shall have equal or better qualifications than staff being replaced. Approval of proposed staff or changes shall not be unreasonably withheld.

n. The Contractor shall be fully responsible for performance of work by its staff and by its subcontractor’s staff and ITS reserves the right to request removal of any Contractor staff or subcontractor staff if, in ITS’s discretion, such staff is not performing in accordance with this Solicitation.

o. The Contractor agrees not to subcontract any of its services without the prior written approval of ITS. Approval shall not be unreasonably withheld upon receipt of written request to subcontract.

p. ITS considers the Contractor the sole contractor with regard to all provisions of the solicitation and the agreement resulting from the solicitation. When bidding, any known planned use of subcontractors must be disclosed in detail with bid submission. If subcontractors are to be used, it shall be understood that the bid price includes the cost of the subcontractor, and no additional markups will be allowed. The total of all subcontractor work during the term of the Agreement, exclusive of MWBE or SDVOB subcontracted work as established in the approved utilization plan, shall not exceed 15% of the total contract value.

q. No subcontract entered into by the Contractor shall relieve the Contractor of any liabilities or obligations in this Solicitation or the resultant agreement. The Contractor accepts full responsibility for the actions of any employee or subcontractor/subcontractor’s employee(s) who carry out any of the provisions of any contract resulting from this Solicitation.

r. The Contractor’s use of subcontractors shall not diminish the Contractor’s obligations to complete the work in accordance with the Agreement. The Contractor shall coordinate and control the work of the subcontractors.

s. The Contractor shall be responsible for informing the subcontractors of all terms, conditions, and requirements of the contract documents.

t. During the term of the Agreement, before any part of the Agreement shall be sublet, the Contractor shall submit to the NYS Chief Information Officer, or their designee, Empire State Plaza, PO Box 2062, Albany, NY 12220-0062 in writing, the name of each proposed subcontractor and obtain written consent to such subcontractor. The names shall be submitted in ample time to permit acceptance or rejection of each proposed subcontractor without causing delay in the work of the Agreement. The Contractor shall promptly furnish such information as the State may require concerning the proposed subcontractor's ability and qualifications.

u. ITS upon award shall designate program staff as its representatives, and/or designee(s). Such representatives shall request, oversee, supervise, and accept performance of services provided by the Contractor and shall receive any required submissions. Whenever an Agreement action is to be taken or approval for services given by ITS, such action or approval may be given only by the representatives designated pursuant to this Section. All Notices under this Solicitation shall be directed to the representatives identified, or their designees. ITS may on written notice designate other individuals as its representatives.

v. The Contractor hereby covenants and represents that there is and shall be no actual or potential conflict of interest that could prevent the Contractor’s satisfactory or ethical performance of duties required to be performed pursuant to the terms of this Agreement., the State’s Public Officers Law, and 45 CFR parts

75.112 and 75.327(b)&(c). The Contractor shall have a duty to notify ITS immediately of any such actual or potential conflicts of interest. ITS and the Contractor recognize that conflicts may occur in the future because the Contractor may have existing or establish new, relationships. ITS will review the nature of any relationships and reserves the right to terminate this Agreement for any reason, or for cause, if, in the judgment of ITS, a real or potential conflict of interest cannot be cured.

w. Contractor and its employees must comply with the requirements of §73 and §74 of the Public Officers Law, other State codes, rules, regulations, and any executive orders establishing ethical standards for the conduct of business with New York State. In signing the Agreement, the Contractor certifies and warrants full compliance with those provisions for any present or future dealings, transactions, contracts, services, offers, relations, etc., involving New York State and/or its employees. Failure to comply may result in disqualification from bidding processes, termination of the Agreement, and/or other civil or criminal proceedings as required by law.

12.0 TERM OF CONTRACT

The Contract awarded in response to this solicitation will be for the term of eighteen (18) months. The contract shall commence after all necessary approvals and shall become effective upon the date of OSC approval of the final executed documents. Purchase orders or other procurement transactions issued under the contract may also be subject to approval by the OSC.

The anticipated project duration is twelve (12) months. The additional contract term is intended to accommodate the onboarding process, closeout activities, and any other services authorized by ITS.

13.0 CONTRACT DOCUMENTS / ORDER OF PRECEDENCE

By submitting a response to this solicitation, the respondent acknowledges and agrees that it has reviewed, understands and will comply with the Terms and Conditions set forth in this Solicitation and resulting Contract which will consist of the documents listed below. Any inconsistency in the Solicitation or resulting Contract will be resolved by giving precedence to the documents in the following order:

a. Appendix A – Standard Clauses for New York State Contracts (June 2023)

b. The resulting contract document

c. Appendix C – Standard Clauses for ITS Contracts (April 2025),

d. Appendix C-1 – Insurance Requirements for ITS Contracts (January 2024),

e. Appendix C-2 – Equal Employment and Supplier Diversity Requirements for ITS Contracts (February 2024), and

f. Appendix C-AI – Standard Clauses for AI Purchases (April 2025)

g. ITS Discretionary Procurement Bid including all Appendices and Attachments

h. Contractor’s Proposal for this Discretionary Procurement C000978 image1.png