Event_32110-13461_Specifications_Event.pdf

State of Tennessee

Sourcing Event # 32110-13461

Specifications for Oracle Software and Support

1. Scope.

1.1 The Contractor shall provide all services and deliverables as required, described, and detailed herein and shall meet all service and delivery timelines as specified by this Contract, including, but not limited to, the Oracle Public Sector Supplemental License and Technical Support

Terms and Conditions (the “Oracle Supplemental Terms”).

1.2 In order to bid on this solicitation, the supplier must be authorized to sell new Oracle software licenses, Premier Support Renewals, and provide standard services to the State of Tennessee at a minimum for all below listed software titles.

2. Definitions. For purposes of this Contract, definitions shall be as follows and as set forth in the

Contract.

Agency or Agencies. The State of Tennessee acting by or through one or more departments, boards, commissions, offices or institutions of the State of Tennessee.

Authorized Users. Agencies or any other entity authorized by the laws of the State of Tennessee to participate in statewide contracts., or the State of Tennessee or Central Procurement Office

(CPO) acting on behalf of one or more such Agencies or other entities provided that each such

Agency or other entity shall be solely responsible for liabilities or payments due as a result of its participation.

Contract. The writing(s) which contain the agreement of the CPO and the Respondent/Contractor setting forth the total legal obligation between the parties as determined by applicable rules of law.

Contractor. The authorized Oracle partner who bids on and/or is awarded this contract.

Executive Branch Agency. Refers to each State board, commission, committee, department, officer, or any other unit of the Executive Branch of the Tennessee government.

Maintenance. Attempts to update and fix bugs in software and hardware once it has been deployed. This includes Maintenance on existing software/hardware already installed in the State as well as Maintenance on future purchases.

Performance Deficiency. Non-conformance with the terms and conditions of this Contract.

State. The term “State” shall refer to the State of Tennessee, including its departments, agencies, and entities that fall under it purview.

Statewide Contract. A contract for goods or services established by the Central Procurement

Office that all Executive Branch Agencies must utilize and that may be used by local governments, higher education, and not-for-profit entities.

STS. Office of Strategic Technology Solutions, a division of the Tennessee Department of

Finance and Administration. STS provides technical direction, services, and infrastructure to the

State agencies.

“ Support” or “ support services.” Technical support offered by the Contractor in the event that the

State encounters any problems with functionality on any Oracle software.

3. General Requirements. The Contractor shall provide the following:

3.1 Software, Premier Support Renewals/Maintenance and Training

3.2 Services limited to section 4.3 within this document.

4. Summary of Services

4.1 Through this Oracle Software and Support Contract, State agencies shall obtain

Oracle software and services, including:

• RDBMS and Related Database Products

• Oracle Discoverer and Business Intelligence Products

• Oracle Internet Directory and Middleware Products

• Gateway and Integration Products

• Audit Vault and Related Products

• Identity Management Products

• Application Server Products

• Hyperion and Related Products

• Products from the Oracle Technology Catalog

• Oracle Development Tools

• Technical support

• Maintenance/upgrades

• Education/training

The State reserves the right to add, delete or update Oracle catalog offerings throughout the term of this Contract without a contract amendment as long as it falls within the current scope of the contract to remain technologically current.

4.2 This Contract shall not be used to procure:

• Staff augmentation services

• Professional services that do not support Oracle products/solutions

• Hardware, including appliances

4.3 The services on this contract are limited to the following activities: consulting services related to Oracle software, installation of software, implementation of product upgrades and software migration, knowledge transfer, training, guidance, and mentoring of State agency support staff to enable such staff to provide ongoing support for the applications or systems internally.

4.4 This procurement supersedes all contracts for Oracle software and services. No End

User Licensing Agreements (EULA) or Unlimited License Agreements (ULA) may be created, entered into, or utilized as a result of the Contract without the express written consent of the Chief Procurement Officer. Specific terms for individual orders may not deviate from the terms of this Contract. Adding additional terms or conditions to this

Contract may not occur without the express written consent of the Chief Procurement

Officer.

5. Software Optimization

5.1 During the Contract term, the State may, at its discretion, implement a Software Optimization

Program involving the development of a centralized means of tracking software licenses and their associated usage across all State Agencies. This anticipated program may involve an outside supplier, and if implemented, will require submission to the outside supplier of all reports developed by, or required of, the Contractor under this Contract. If a Software

Optimization Program is implemented, the State will work in cooperation with the Contractor and potential outside supplier to determine appropriate ways to optimize software purchases.

The Contractor will be expected to cooperate with the State's efforts to the extent permitted by existing policies and procedures, noting that such efforts are likely to result in changes or reductions to the State's existing and projected base of licenses and maintenance agreements.

6. Software, Maintenance and Services Quote Process

6.1 Contract users may request and receive price quotations for Oracle products, maintenance, and services. The Contractor must accept requests for quotes by toll-free telephone or email, and must provide quotes by telephone, fax, or email as requested by the State. Quotations for software listed in the Contractor’s catalog must be received by the State within three business days after the request has been received. For maintenance, training services, and all other software, if the quote will take longer than three (3) business day to compile, communication regarding the nature of the delay, along with a reasonable revised turnaround time request, must be sent within the three (3) business days window. Quotations will remain in effect for thirty (30) calendar days

6.2 For services procured, the procuring State agency has the right to request on-site or off-site work as the procuring State agency deems necessary. The procuring State agency will specify the location where the services will be performed in the quote request.

6.3 The Contractor must arrange for training and other technical assistance to be provided by

Oracle if the State requests such services.

7. Software Delivery

7.1 Software Delivery: If the State encounters difficulty in downloading or installing the software, the

Contractor must provide or arrange for provision of assistance to the State within eight (8) business hours of being informed of the problem. If requested by the State during the order process, download information, including keys if applicable, will be provided to a party other than the individual placing the order (the “end user”). The individual placing the order will supply contact information for the end user.

7.2 Updates: Subsequent releases of the programs that are generally made available for supported program licenses are at no additional charge, provided Authorized User has ordered Technical

Support for such licenses for the relevant time period. Updates shall not include any options or future products that Oracle licenses separately. Software updates covered by the Maintenance

Agreement must be available for download whenever such option is made available through

Oracle.

7.3 License Information: All software provided under this Contract must be legally licensed software.

8. Account Management

8.1 The Contractor shall assign, at its own expense, the following key personnel staff to service the

State’s and the procuring State agency’s needs under this Contract.

i. Account Manager: The Account Manager will be responsible for the proper operation and administration of the Contract. The Account Manager is also responsible for maintaining a copy of the Contract, for submitting reports as required, and otherwise remaining in compliance with the Contract. The Account Manager will attend meetings on-site or other location designated by the State.

ii. Customer Service Representative(s). There must be at least one (1) customer service representative dedicated to service this contract. The term “dedicated” means that the

Contractor shall assign a specific individual or individuals that are familiar with the terms and conditions of this Contract to respond to State. Customer service representatives dedicated to this Contract may service other clients of the Contractor.

8.2 Staffing Changes. If the Account Manager or the customer service representative(s) leave the employment of the Contractor, or ceases to perform that role relative to the Contract, the

Contractor must offer a replacement to the State within ten (10) business days. It is the

Contractor’s responsibility to ensure continuity of these roles. If any individual in these two positions leave, email and phone calls should be forwarded to someone knowledgeable about the Contract until a replacement is appointed.

8.3 Replacements. The State may require the Contractor to replace the Account Manager or a dedicated customer service representative if in their opinion the individual is not satisfactorily facilitating the effective functioning of the Contract.

8.4 The Contractor shall have adequate staff to answer inquiries from customers:

i. Turnaround time for information request acknowledgement: By 4:30 p.m. CT of the next business day after receipt of a valid order.

ii. Turnaround time for information request fulfillment or inquiry: five (5) business days. If the information will take longer than five (5) business day to compile, communication regarding the nature of the delay, along with a reasonable revised turnaround time request, must be sent within the five (5) business days window. The inquiring entity will approve the revised turnaround time or begin issue escalation procedures.

9. Required Certifications

For specializations that require manufacturer and/or product certifications, the Contractor must hold the required certification(s) for the duration of the Contract period. At any time during the Contract, the State may request the Contractor to provide copies of the required certification(s). Loss of required certification(s) may result in the Contractor’s disqualification from a specialization or the cancellation of this Contract.

10. Price Audits

The State may conduct occasional audits of pricing to ensure invoiced amounts have been charged in accordance to the contractual pricing structure. The Contractor will provide the necessary data that the State requests for the audit within forty five (45) calendar days, which may include items such as proof of list prices at the time of each order and clear calculation of each order’s list price, discount, cost, and fee.

11. Non-Performance

“Performance Deficiency” is defined as non-conformance with the terms and conditions of this

Contract. In the event of a performance deficiency relative to the Contract requirements, the

Contractor shall submit a Corrective Action Plan (“CAP”) within ten (10) business days of notice from the State.The nature of the corrective action(s) will depend upon the nature, severity and duration of the Performance Deficiency, and repeated nature of the non-compliance. Note:

severity shall be determined by the State, in its sole discretion.

At a minimum, the CAP must address the causes of the Performance Deficiency, its impacts, the measures being taken and/or recommended to remedy the Performance Deficiency, and whether the solution is permanent or temporary. The CAP must also include a schedule showing when the Performance Deficiency will be remedied, and if appropriate, for when a permanent solution will be implemented. If one or more recommendations in the CAP are not acceptable, the Central Procurement Office may provide suggestions and direction to bring the

Contractor into compliance.