Full Amendment 3.docx

SAP

State of South Carolina

Invitation For Bid

Amendment 3

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400020478 11/11/2020

RUTHIE H BISHOP, CPPB

(803)748-5498 Bishop.Ruthie@doc.state.sc.us SC Department of Corrections Attn: Purchasing Branch 4420 Broad River Road Columbia SC 29210

DESCRIPTION: Investigative Software

USING GOVERNMENTAL UNIT: Department of Corrections

The Term "Offer" Means Your "Bid" or "Proposal". Your offer must be submitted in a sealed package. Solicitation Number & Opening Date must appear on package exterior. See "Submitting Your Paper Offer or Modification" provision.

SUBMIT YOUR SEALED OFFER TO EITHER OF THE FOLLOWING ADDRESSES:

MAILING ADDRESS:

SC Department of Corrections Attn: Purchasing Branch 4420 Broad River Road Columbia SC 29210

PHYSICAL ADDRESS:

SC Department of Corrections Attn: Purchasing Branch 4420 Broad River Road Columbia SC 29210

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

QUESTIONS MUST BE RECEIVED BY: 11/05/2020 @ 10:00:00AM All Questions must be labeled Solicitation 5400020478 and submitted to the following email purchasing@doc.sc.gov

NUMBER OF COPIES TO BE SUBMITTED:

CONFERENCE TYPE: Not Applicable

DATE & TIME:

(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions) 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 - PAPER ONLY (MAR. 2015)

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): On June 16, 2009, the South Carolina General Assembly rewrote the law governing preferences available to in-state vendors, vendors using in-state subcontractors, and vendors selling in-state or US end products. This law appears in Section 11-35-1524 of the South Carolina Code of Laws. A summary of the new preferences is available at www.procurement.sc.gov/preferences . ALL THE PREFERENCES MUST BE CLAIMED AND ARE APPLIED BY LINE ITEM, REGARDLESS OF WHETHER AWARD IS MADE BY ITEM OR LOT. VENDORS ARE CAUTIONED TO CAREFULLY REVIEW THE STATUTE BEFORE CLAIMING ANY PREFERENCES. THE REQUIREMENTS TO QUALIFY HAVE CHANGED. IF YOU REQUEST A PREFERENCE, YOU ARE CERTIFYING THAT YOUR OFFER QUALIFIES FOR THE PREFERENCE YOU'VE CLAIMED. IMPROPERLY REQUESTING A PREFERENCE CAN HAVE SERIOUS CONSEQUENCES. [11-35-1524(E)(4)&(6)]

PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE: Please provide the address and phone number for your in-state office in the space provided below. An in-state office is necessary to claim either the Resident Vendor Preference (11-35-1524(C)(1)(i)&(ii)) or the Resident Contractor Preference (11-35-1524(C)(1)(iii)). Accordingly, you must provide this information to qualify for the preference. An in-state office is not required, but can be beneficial, if you are claiming the Resident Subcontractor Preference (11-35-1524(D)).

____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

Table of Contents

NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT INCOME TAX WITHHOLDING 25

BIDDER’S CHECKLIST 26

Amendment 3 is being issued to add Preferences

Opening date and time remains as stated on Page 1 of the Solicitation and as below:

This is a software that the state will use as an investigative tool.

BIDDING SCHEDULE MODIFIED TO READ AS SHOWN BELOW:

Product Catg.: 68041 - Crime Detection Equipment and Supplies

Item Description: Investigative Software for use by Software for use by current 10 criminal analysts with the ability to identify and locate persons, detect patterns, and create comprehensive, actionable intelligence.

The below salient factors are required in the software to assist Police Services in combatting drug trafficking and gang activity which often crosses international borders.

· Providing United States Telco Phone Numbers with Subscriber Name History with dates dating back to January 2005.

· Identification of Location Routing Numbers (LRN) for a telephone switch for the purpose of routing telephone calls in the United States.

· Cell Phone Directory of U.S. Name-to-Phone Number with 200+ million records.

· Data Input Query of phone number (U.S. or International), Name or Email Address with returns of Social Media Profile Results to cover over 98 Social Media Sites, including Dark Web and Data breach databases globally.

· Mapping functionality that displays the ability to associate information to a given physical address.

· Data results delivered to end users via the SMS (Short Message System)/MMS (Multimedia Message Service) network, secure website and API (Application Programming Interface) Direct to end user.

· Batch Processing Functionality, or the capability to run multiple and unlimited quantities all at one singular time, submitted in either Excel or .CSV spreadsheet formats with returns designated in Excel or .CSV for the following input datasets…

0. U.S. Phone Number

0. International Phone Numbers (See List Below)

0. Name

0. Name and Date of Birth

0. Social Security Number

0. Physical Address

0. Email Address

· Data Results of Batch Processing can be selected by the end user to convert into the following reports…

0. Phone Number Subscriber Name, Associated Name, Phone Carrier and Porting Date

0. International Phone Number (See List Below) Subscriber Name and Phone Carrier

0. Person Credit Header Report

0. Social Media Profile Results

· International Phone Coverage required in following countries, areas, and services.

Internal Item Number: 1

______Yes

______No

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

Amendment 2 is being issued to answer questions received from Vendors

Questions and Answer:

Question

On page 16 of Amendment 1, the request for proposal under Scope of Work/Specifications states, "The purpose of this procurement is to solicit offers from qualified vendors for an online investigative software for use by the Criminal Analysts to aid in intelligence gathering and investigative needs." Additionally it states, "Software for use by current 10 criminal analysts with the ability to identify and locate persons, detect patterns, and create comprehensive, actionable intelligence."

Upon review of the required "Salient Factors", it appears the South Carolina Department of Corrections (SCDC) is reviewing inmate communication to support active investigations and gain actionable intelligence. Would the state consider adding an automated investigative tool to the request for proposal that can monitor all inmate phone calls, video conferencing services and tablet communication, that will transcribe and analyze a call utilizing phonetic keywords or phrases for actionable intelligence in near real time, to include on-going criminal activity related to drug trafficking and gang activity, threats towards staff and inmates, within minutes of completion of call. In addition, analyze calls for inmate communication patterns to include most active inmates, what citizens are most frequently called and most active keywords?

Answer:

No

Question

On page 16 of Amendment 1, the request for proposal states, "Free samples may be required for testing and/or evaluations." We understand "free samples" may not fall under the scope of Investigative Software; however, would the SCDC be willing to allow proposers to provide a presentation and demonstration on the capabilities of other investigative tools not highlighted or specifically mentioned in this request for proposal that will exponentially assist criminal analysts with the ability to identify and locate persons, detect patterns, and create comprehensive, actionable intelligence prior to "Deadline for Submission Of Offer"?

Answer:

This is an Invitation for bid and the Award will be made to the lowest Responsive and Responsible Bidder. This is not a Request for Proposal therefore demonstrations are not allowed.

Question:

Who is/are the incumbent provider/s of the requested services?

Answer:

This is a new service to SCDC therefore, there is not an incumbent.

Question:

What is the total annual contract value of the existing contract?

Answer:

There is not an existing contract, therefore the SCDC cannot provide the value of the existing contract.

Question:

Are all of the services requested in the current solicitation being provided by the existing incumbent provider/s? If not, please indicate which requirements are not currently being met.

Answer:

This is a new service to SCDC therefore, there is not an incumbent.

Question:

Page 22, Section VIII – Bidding Schedule/Price – Business Proposal: Line number 0001 indicates a Quantity of 1,000 and Unit of Measure as Lot. Please clarify these terms. (What does a Lot refer to? Is the Quantity of 1,000 (Lots) the total for the base contract year? Etc.)

Answer:

The Bidding schedule states: 1.000 Lot of Investigative Software for use by current 10 criminal analysts with the ability to identify and locate persons, detect patterns, and create comprehensive, actionable intelligence.

The Solicitation are processed through the system the State is required to use and it take all numbers out 4 decimal places. The Solicitation is for (1) Lot of Investigative Software not 1,000. A Lot was used as the unit of measure in order to incorporate all the “Salient Factors” into the required software.

Bidding schedule has been modified in order to clarify the Quantity the SCDC is asking for:

Product Catg.: 68041 - Crime Detection Equipment and Supplies

Item Description: Investigative Software for use by Software for use by current 10 criminal analysts with the ability to identify and locate persons, detect patterns, and create comprehensive, actionable intelligence.

The below salient factors are required in the software to assist Police Services in combatting drug trafficking and gang activity which often crosses international borders.

· Providing United States Telco Phone Numbers with Subscriber Name History with dates dating back to January 2005.

· Identification of Location Routing Numbers (LRN) for a telephone switch for the purpose of routing telephone calls in the United States.

· Cell Phone Directory of U.S. Name-to-Phone Number with 200+ million records.

· Data Input Query of phone number (U.S. or International), Name or Email Address with returns of Social Media Profile Results to cover over 98 Social Media Sites, including Dark Web and Data breach databases globally.

· Mapping functionality that displays the ability to associate information to a given physical address.

· Data results delivered to end users via the SMS (Short Message System)/MMS (Multimedia Message Service) network, secure website and API (Application Programming Interface) Direct to end user.

· Batch Processing Functionality, or the capability to run multiple and unlimited quantities all at one singular time, submitted in either Excel or .CSV spreadsheet formats with returns designated in Excel or .CSV for the following input datasets…

0. U.S. Phone Number

0. International Phone Numbers (See List Below)

0. Name

0. Name and Date of Birth

0. Social Security Number

0. Physical Address

0. Email Address

· Data Results of Batch Processing can be selected by the end user to convert into the following reports…

0. Phone Number Subscriber Name, Associated Name, Phone Carrier and Porting Date

0. International Phone Number (See List Below) Subscriber Name and Phone Carrier

0. Person Credit Header Report

0. Social Media Profile Results

· International Phone Coverage required in following countries, areas, and services.

Internal Item Number: 1

Question:

The Bid Form on IFB page 1 provides a mailing/physical address to which offers must be submitted. In lieu of hard-copy submissions of bids, will the SCDC allow email submissions? Our company’s current “work-from-home” restrictions pursuant to the COVID-19 pandemic present logistical challenges associated with document printing and shipping that we typically handle in an office environment. If email submission is acceptable, please provide the appropriate email address.

Answer:

Submittals submitted via Email are not accepted. All responses for Invitation for Bids must be submitted via hardcopy through one of the following: Electronically through SCEIS (SC Enterprise Information System), USPS, Fed Ex, and/or UPS. All responses must be received by the closing date and time state on page 1 of the Solicitation. SCDC does not receive late bids.

If you decide to submit through SCEIS do not wait until the last minute to enter your submittal, Any submittals left in “SAVED” status in SCEIS is not considered a submittal and cannot be considered or received by the SCDC. Also, be sure to upload the bid documents as an attachment in SCEIS. SCEIS can be accessed at the following website: www.sceis.sc.gov **The SCDC cannot assist Vendors with SCEIS.

Question:

The Bid Form on page 1 does not specify the number of copies required, if hard-copy bids are mandatory (see question above). If hard copies are required, how many do you request?

Answer:

This is an Invitation for Bid and NOT a Request for Proposal therefore, only 1 complete hardcopy document is required to be submitted.

Question:

Salient factor No. 4 requests “Dark Web” information. Would SCDC consider offers that exclude this information? Our service does not provide it currently, although we may offer it in the future.

Answer:

NO

Question:

Salient factor No. 6 requests delivery via SMS, MMS, and API. Our primary offering delivers investigative data through only online web browsers and apps/browsers on mobile devices. Is that acceptable?

Answer:

NO

Question:

Salient factor Nos. 7(b), 8(b) and especially 9 require international phone coverage in 120 countries/areas worldwide. Would SCDC consider offers that limit phone coverage to the United States and Canada only? Our service does not provide worldwide coverage that the IFB requests.

Answer:

NO

Question:

Under “Information Use and Disclosure (Feb 2015),” please add the following at the end of subsection (e), titled Rights, Disclosure and Use: “Notwithstanding anything to the contrary in this or other section of this agreement, data may be retained for legal or regulatory compliance purposes. Where such retention is required, Contractor shall delete all Customer Data promptly upon such requirements permitting deletion. Contractor will continue to maintain the confidentiality of any Customer Data during the period of retention in accordance with the contract’s security requirements.” If SCDC cannot agree to this change at this time, please reserve this issue for negotiations.

Answer:

This is an Invitation for bid and the Award will be made to the lowest Responsive and Responsible Bidder.

All Vendors responding to the Solicitation must agree to the terms and conditions of the entire Solicitation as stated in the Solicitation. Vendors who insert terms and conditions and/or alter and change the terms and conditions of this document will be considered NON-RESPONSIVE.

Question:

Under “Information Use and Disclosure (Feb 2015),” please add the following at the end of subsection (h), titled Actions Following Disclosure: “Notwithstanding anything to the contrary in this section or in any other provision of this Agreement, Contractor shall not be held liable for any costs or damages that exceed the value of the contract awarded to Contractor, including the value of all options available under the awarded contract.” If SCDC cannot agree to this change at this time, please reserve this issue for negotiations.

Answer:

This is an Invitation for bid and the Award will be made to the lowest Responsive and Responsible Bidder.

All Vendors responding to the Solicitation must agree to the terms and conditions of the entire Solicitation as state in the Solicitation. Vendors who insert terms and conditions and/or alter and change the terms and conditions of this document will be considered NON-RESPONSIVE.

Question:

Please delete in its entirety the section titled “Ownership of Data and Materials (Jan 2006).” We own all data to which we provide access pursuant to our licensing terms and conditions, which we would provide you separately for review. If SCDC cannot agree to this change at this time, please reserve this issue for negotiations.

Answer:

This is an Invitation for bid and the Award will be made to the lowest Responsive and Responsible Bidder.

All Vendors responding to the Solicitation must agree to the terms and conditions of the entire Solicitation as state in the Solicitation. Vendors who insert terms and conditions and/or alter and change the terms and conditions of this document will be considered NON-RESPONSIVE.

Question:

Under “Termination for Convenience – Short Form (Jan 2006),” please add at the end the following, “Any and all intellectual property, including but not limited to copyright, invention, trademark, trade name, service mark, and/or trade secrets in and to the Services and Materials (“Intellectual Property”), are and shall be the sole property of Contractor. The State will be granted a limited, non-exclusive license to use the Services and Materials retrieved therefrom on the terms set forth in the attached Contractor’s License Agreement attached hereto as Exhibit __. It is expressly acknowledged and agreed by the State that this Agreement is not a “work made for hire” and that the State does not have any ownership interest in or to the Services or any Materials retrieved therefrom. This provision shall control over any conflicting term or provision incorporated into this Agreement.” If SCDC cannot agree to this change at this time, please reserve this issue for negotiations.

Answer:

This is an Invitation for bid and the Award will be made to the lowest Responsive and Responsible Bidder.

All Vendors responding to the Solicitation must agree to the terms and conditions of the entire Solicitation as state in the Solicitation. Vendors who insert terms and conditions and/or alter and change the terms and conditions of this document will be considered NON-RESPONSIVE.

Question:

The last page of the IFB says, “Unless expressly required, do not include any additional boilerplate contract clauses.” We provide a service with access to data that is highly regulated by law and by our third-party providers of the data. Therefore, we must ensure our customers agree to our standard licensing terms. When should we provide our licensing terms to you for review and approval? May we include them in the offer itself, or provide them during a future negotiation period if we are selected to advance in this procurement?

Answer:

All Vendors responding to the Solicitation must agree to the terms and conditions of the entire Solicitation as state in the Solicitation. Vendors who insert terms and conditions and/or alter and change the terms and conditions of this document will be considered NON-RESPONSIVE.

Question:

How much does SCDC now pay (per month or per year) for the requested investigative solution?

Answer:

There is not an existing contract, therefore the SCDC cannot provide the value of the existing contract.

SCDC is purchasing the investigative software to be used by 10 criminal analysts.

It is paid once a year.

Question:

Is the vendor expected to provide the database of Telco/Cell phone info, or will that be provided by the State?

Answer:

This is a software that the state will use as an investigative tool.

BIDDING SCHEDULE MODIFIED TO READ AS SHOWN BELOW:

Product Catg.: 68041 - Crime Detection Equipment and Supplies

Item Description: Investigative Software for use by Software for use by current 10 criminal analysts with the ability to identify and locate persons, detect patterns, and create comprehensive, actionable intelligence.

The below salient factors are required in the software to assist Police Services in combatting drug trafficking and gang activity which often crosses international borders.

· Providing United States Telco Phone Numbers with Subscriber Name History with dates dating back to January 2005.

· Identification of Location Routing Numbers (LRN) for a telephone switch for the purpose of routing telephone calls in the United States.

· Cell Phone Directory of U.S. Name-to-Phone Number with 200+ million records.

· Data Input Query of phone number (U.S. or International), Name or Email Address with returns of Social Media Profile Results to cover over 98 Social Media Sites, including Dark Web and Data breach databases globally.

· Mapping functionality that displays the ability to associate information to a given physical address.

· Data results delivered to end users via the SMS (Short Message System)/MMS (Multimedia Message Service) network, secure website and API (Application Programming Interface) Direct to end user.

· Batch Processing Functionality, or the capability to run multiple and unlimited quantities all at one singular time, submitted in either Excel or .CSV spreadsheet formats with returns designated in Excel or .CSV for the following input datasets…

0. U.S. Phone Number

0. International Phone Numbers (See List Below)

0. Name

0. Name and Date of Birth

0. Social Security Number

0. Physical Address

0. Email Address

· Data Results of Batch Processing can be selected by the end user to convert into the following reports…

0. Phone Number Subscriber Name, Associated Name, Phone Carrier and Porting Date

0. International Phone Number (See List Below) Subscriber Name and Phone Carrier

0. Person Credit Header Report

0. Social Media Profile Results

· International Phone Coverage required in following countries, areas, and services.

Internal Item Number: 1

The following Procurement Clauses have been added to Solicitation 5400020478

Software MUST be operating in a secure environment that is physically located in the United States.

INFORMATION SECURITY – LOCATION OF DATA (FEB 2015)

Notwithstanding any other provisions, contractor is prohibited from processing, storing, transmitting, or accessing government information, as defined in the clause titled Information Security - Definitions, outside the continental United States. For clarity, this obligation is a material requirement of this contract and applies to subcontractors at any tier.

[07-7B106-1]

INFORMATION USE AND DISCLOSURE (FEB 2015)

Except to the extent necessary for performance of the work, citizens should not be required to share information with those engaged by the government in order to access services provided by the government and such information should be used by those engaged by the government only to the extent necessary to perform the work acquired; accordingly, this clause addresses basic requirements for the Contractor’s use and disclosure of government information, which expressly includes, but is not limited to, information provided by or obtained from the citizens. Anonymizing information does not resolve the foregoing concern. This clause should be broadly interpreted to effectuate this intent. Every obligation in this clause is material. Absent express reference to this clause, this clause supersedes any other clause to the extent of any inconsistency unless and to the extent the other clause provides greater protection for government information.

(a) Definitions. The terms used in this clause shall have the same meaning as the terms defined in the clause titled Information Security – Definitions.

(b) Legal mandates. Contractor shall be permitted to use, disclose, or retain government information to the limited extent necessary to comply with any requirement imposed on Contractor by law. If it is necessary for Contractor to use, disclose, or retain government information in order to comply with a law, Contractor shall provide using governmental unit with written notice, including a description of the circumstances and applicable law, in advance of such use, disclosure or retention except to the extent expressly prohibited by law.

(c) Flow down. Any reference in this clause to Contractor also includes any subcontractor at any tier. Contractor is responsible for, and shall impose by agreement the requirements of this clause on, any other person or entity that contractor authorizes to take action related to government information.

(d) Collecting Information. Contractor must gather and maintain government information only to the minimum extent necessary to accomplish the work.

(e) Rights, Disclosure and Use. Except as otherwise expressly provided in this solicitation, Contractor agrees NOT to either (1) use or disclose government information, or (2) retain government information after termination or expiration of this contract. Contractor acquires no rights in any government information except the limited rights to use, disclose and retain the government information in accordance with the terms of this solicitation. To the extent reasonably necessary to perform the work, Contractor may: (i) use (including access, process, transmit, and store) and maintain the government information itself; and (ii) disclose government information to persons having a need-to-know (e.g., subcontractors). Before disclosing government information to a subcontractor or third party, Contractor shall give the using governmental unit detailed written notice of both the reason for disclosure and the identity and location of the recipient. The notice shall be provided no later than fifteen (15) business days in advance of the disclosure.

(f) Return. Notwithstanding the using governmental unit’s failure to perform or the pendency of a dispute, Contractor agrees to promptly deliver to the using governmental unit (or destroy, at the using governmental unit’s option) all government information in its possession as and upon written request of using governmental unit (provided that, if the contract has not expired or been terminated, Contractor shall be excused from the performance of any work reasonably dependent on Contractor’s further access to such government information).

(g) Privacy Policy & Applicable Laws. Without limiting any other legal or contractual obligations imposed by this contract or the law, Contractor shall (a) comply with its own privacy policies and written privacy statements relevant to the work, and (b) comply with (1) all laws applicable to Contractor regarding government information, and (2) all laws and standards identified in the clause, if included, entitled Information Use and Disclosure – Standards.

(h) Actions Following Disclosure. Immediately upon discovery of a compromise or improper use of government information, Contractor shall take such action as may be necessary to preserve forensic evidence and eliminate the cause of the compromise or improper use. As soon as practicable, but no later than twenty-four hours after discovery, Contractor shall notify using governmental unit of the compromise or improper use, including a description of the circumstances of the use or compromise. As soon as practicable after discovery, Contractor shall undertake a thorough forensic investigation of any compromise or improper use and provide the using governmental unit all information necessary to enable the using governmental unit to fully understand the nature and extent of the compromise or improper use. With regard to any compromise or improper use of government information, Contractor shall: (1) provide any notification to third parties legally required to be provided such notice by Contractor, and if not (e.g., if legally required of the using governmental unit), Contractor shall reimburse using governmental unit for the cost of providing such notifications; (2) pay all costs and expenses for at least two years of identity theft monitoring services (including without limitation, credit monitoring) and identity theft restoration services for any such affected individuals receiving notice where such services are appropriate given the circumstances of the incident and the nature of the information compromised; (3) undertake any other measures that are customary and reasonable for an entity to take when experiencing a similar disclosure, (4) pay any related fines or penalties imposed on the using governmental unit, and (5) reimburse the Using Governmental Unit all costs reasonably incurred for communications and public relations services involved in responding to the compromise or improper us. Notwithstanding any other provision, contractor’s obligations pursuant to this item (h) are without limitation.

(i) Survival & Remedy. All the obligations imposed by this paragraph are material. The obligations of this section shall survive termination or expiration of the contract. Without limiting any rights the using governmental unit may have, and notwithstanding any other term of this contract, Contractor agrees that using governmental unit may have no adequate remedy at law for a breach of Contractor’s obligations under this clause and therefore the using governmental unit shall be entitled to pursue equitable remedies in the event of a breach of this clause. [07-7B108-1]

INFORMATION USE AND DISCLOSURE – STANDARDS (FEB 2015)

To the extent applicable:

(a) Breach of security of state agency data; notification; rights and remedies of injured parties; penalties; notification of Consumer Protection Division, S.C. Code Ann. Section 1-11-490.

(b) South Carolina Financial Identity Fraud and Identity Theft Protection Act (FIFITPA), 2008 Act 190, as amended. Solely for purposes of Section 39-1-90 of the South Carolina Code of Laws, as amended, Contractor is deemed to be the owner of government information, as defined herein, and Contractor agrees that the Using Governmental Unit is not a licensee.

(c) The South Carolina Family Privacy Protection Act of 2002, S.C. Code Ann. Sections 30-2-10, et seq.

(d) Personal Identifying Information Privacy Protection, S.C. Code Ann. Sections 30-2-310 et seq.

(e) Data Breach Notification, 2014 Act No. 286, Section 117.117, as revised in any future annual appropriations act. [07-7B110-1]

LICENSES AND PERMITS (JAN 2006)

During the term of the contract, the Contractor shall be responsible for obtaining, and maintaining in good standing, all licenses (including professional licenses, if any), permits, inspections and related fees for each or any such licenses, permits and /or inspections required by the State, county, city or other government entity or unit to accomplish the work specified in this solicitation and the contract. [07-7B115-1]

OFFSHORE CONTRACTING PROHIBITED (FEB 2015)

No part of the resulting contract from this solicitation may be performed offshore of the United States by persons located offshore of the United State or by means, methods, or communications that, in whole or in part, take place offshore of the United States. [07-7B122-1]

OWNERSHIP OF DATA and MATERIALS (JAN 2006)

All data, material and documentation prepared for the state pursuant to this contract shall belong exclusively to the State. [07-7B125-1] Security and Privacy

System

1. All network traffic (e.g. between database server and web server, between web server and browser) is encrypted using a minimum of AES-256 encryption.

2. Database, database backups and database replication instances are encrypted using minimum AES-256 encryption.

3. All system components (e.g. database server, application server, backup sites, replication sites) must reside in the contiguous United States. No data will be replicated, transmitted or backed up outside the United States.

4. Audit logs shall be maintained for all system transactions (e.g. logon events successful and unsuccessful, queries, records viewed, records submitted, account changes, record changes, source user IP address) for a minimum of six (6) years.

5. Encryption technologies are in alignment with industry standard practices and technologies; use of proprietary encryption technologies is prohibited.

6. All client access will be over https; http protocol is explicitly prohibited by the system/servers.

7. System and hosting facility (datacenter) must comply with Federal, State of South Carolina and SCDC privacy and security laws, regulations and rules. A Level III or better data center is required for the hosting and operation of this system.

8. The system must comply to all laws and regulations mandated by the State and the Federal Agencies (I.e. EPA, USDA, DAA, CDC, FDA and FBI) for data exchange.

Rules:

To ensure the security, availability and integrity of SCDC data and documents, SCDC Program Areas are required to work with Procurement Services and the Bureau of Information Technology as necessary to ensure the following requirements are included in the Specifications and any resulting contract for vendor hosted software/system solution.

Basic Requirements. The contract must include basic requirements to be met during the life of the contract, including but not limited to confidentiality of the documents and data, timely and appropriate access to and use of the data and documents by SCDC staff as necessary and restriction of access by unauthorized individuals, and storage in a safe, appropriate location within the contiguous United States or as otherwise directed by the contract. Agency documents must be stored and maintained in a manner that allows: a) retrieval and production in compliance with Freedom of Information requests, subpoenas, and litigation discovery requests; b) compliance with litigation hold requirements; and c) retention and destruction in compliance with agency retention schedules. Other provisions should be included as deemed necessary by the program area in conjunction with SCDC Procurement Services and Information Technology

The following Clause has been deleted from page 25.

CISG (JAN 2006)

The parties expressly agree that the UN Convention on the International Sale of Goods shall not apply to this agreement. [07-7B030-1]

I. SCOPE OF SOLICITATION

ACQUIRE SUPPLIES / EQUIPMENT (JAN 2006)

The…