IFB 30-26380-ITD Flexera FlexOne software subscription.pdf

OFFER AND ACCEPTANCE

The State seeks offers for the software and software support described in this solicitation. The State’s acceptance of any offer must be demonstrated by execution of the acceptance found below and any subsequent Request for Best and Final Offer, if issued. Acceptance shall create a contract having an order of precedence as follows: In cases of conflict between documents comprising the contract, the order of precedence shall be (1) Best and Final Offers, if any, (2) special terms and conditions specific to this solicitation, (3) specifications, (4) Department of Information Technology Terms and Conditions of this solicitation, and (5) the agreed portions of the awarded Vendor’s offer. No contract shall be binding on the State until an encumbrance of funds has been made for payment of the sums due under the contract.

EXECUTION

In compliance with this solicitation and subject to all the conditions herein, the undersigned offers and agrees to furnish any or all Services or goods upon which prices are offered, at the price(s) offered herein, within the time specified herein. By executing this offer, I certify that this offer is submitted competitively and without collusion.

Failure to execute/sign offer prior to submittal shall render offer invalid. Late offers are not acceptable.

OFFEROR:

STREET ADDRESS: P.O. BOX: ZIP:

CITY, STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL.

NO

PRINT NAME & TITLE OF PERSON SIGNING: FAX NUMBER:

AUTHORIZED SIGNATURE: DATE: E-MAIL:

Offer valid for sixty (60) days from date of offer opening unless otherwise stated here: ____ days

ACCEPTANCE OF OFFER

If any or all parts of this solicitation are accepted, an authorized representative of NC Department of Health and Human Services (DHHS) shall affix their signature hereto. A copy of this acceptance will be forwarded to the successful vendor(s).

FOR STATE USE ONLY

Offer accepted and contract awarded _____________________________________, as indicated on attached certification, by _____________________________________________ (Authorized representative of NC DHHS).

STATE OF NORTH CAROLINA INVITATION FOR BIDS 30-26380-ITD

DEPARTMENT OF HEALTH AND HUMAN

SERVICES

Office of Procurement, Contracts and Grants

Offers will be publicly opened: July 23, 2026 at

2:00 PM

Issue Date: July 9, 2026

Refer ALL inquiries regarding this RFQ to:

Katrina Smith Katrina.Smith@dhhs.nc.gov 919-855-4085

Commodity Number: 811122

Description: Flexera FlexOne software renewal

Using Agency: Information Technology Division

See page 2 for mailing instructions. Requisition No.: RQ277428

IFB Number: 30-26380-ITD

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TABLE OF CONTENTS

1.0 INTENT, USE, DURATION AND SCOPE

2.0 GENERAL INFORMATION

2.1. VENDOR QUESTIONS

2.2. ADDENDUM TO SOLICITATION

2.3. OFFER SUBMITTAL

2.4. BASIS FOR REJECTION

2.5. LATE OFFERS

2.6. NON-RESPONSIVE OFFERS

2.7. NOTICE TO VENDOR(S)

2.8. E-PROCUREMENT SOLICITATION

2.9. DISTRIBUTORS AND RESELLERS

2.10. POSSESSION AND REVIEW

2.11. BEST AND FINAL OFFERS (BAFO)

2.12. AWARD

2.13. POINTS OF CONTACT

3.0 SPECIFICATIONS

3.1. VENDOR STANDARD AGREEMENT(S)

3.2. VENDOR UTILIZATION OF WORKERS OUTSIDE U.S. – DISCLOSURE STATEMENT

3.3. E-VERIFY

3.4 BRAND SPECIFIC PRODUCT

3.5. SECURITY SPECIFICATIONS

3.6 ENTERPRISE ARCHITECTURE SPECIFICATIONS

3.7 SPECIFICATIONS

3.8. DELIVERY

3.9. CONTRACT TERM

4.0 FURNISH AND DELIVER

5.0 HISTORICALLY UNDERUTILIZED BUSINESSES

6.0 DEPARTMENT OF INFORMATION TECHNOLOGY INSTRUCTIONS TO VENDORS

7.0 DEPARTMENT OF INFORMATION TECHNOLOGY TERMS AND CONDITIONS

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1.0 INTENT, USE, DURATION AND SCOPE

The purpose of this Solicitation, an Invitation for Bids, is to obtain pricing for and procure a renewal of the subscription for FlexOne-ITV-CS, IT Visibility Cloud Subscription Flexera Software for NC DHHS. Goods and Services will be provided in accordance to the terms and conditions of this Solicitation.

2.0 GENERAL INFORMATION

2.1. VENDOR QUESTIONS

Written questions concerning this Solicitation will be received until July 15, 2026 at 2:00 pm Eastern Time. They must be submitted to the contact person listed on Page One of this Solicitation via Katrina.Smith@dhhs.nc.gov. Please enter “Questions Solicitation 30-26380-ITD” as the subject for the message. Questions should be submitted in the following format:

REFERENCE VENDOR QUESTION

IFB Section, Page Number

2.2. ADDENDUM TO SOLICITATION

The State may issue addenda if Vendor questions are permitted as described below, or if additional terms, specifications, or other changes are necessary for this procurement. All addenda shall become an Addendum to this solicitation.

2.3. OFFER SUBMITTAL

Due Date: July 23, 2026 Time: 2:00 PM Eastern Time

IMPORTANT NOTE: Vendor shall bear the risk for late submission due to unintended or unanticipated delay—whether submitted electronically, delivered by hand, U.S. Postal Service, courier or other delivery service. Vendor must include all the pages of this solicitation in their response. It is the Vendor’s sole responsibility to ensure its offer has been delivered to this Office by the specified time and date of opening. Any proposal delivered after the proposal deadline will be rejected.

Sealed offers, subject to the conditions made a part hereof, will be received until 2:00pm Eastern Time on the day of opening and then opened, for furnishing and delivering the commodity as described herein. Offers must be submitted via the Ariba Sourcing Module with the Execution page signed and dated by an official authorized to bind the Vendor’s firm. Failure to return a signed offer shall result in disqualification.

Attempts to submit a proposal via facsimile (FAX) machine, telephone or email in response to this Bid shall NOT be accepted.

a) Submit one (1) signed, original electronic offer through the Ariba Sourcing Module.

b) The Ariba Sourcing Module document number is: WS2306487412

c) All File names should start with the Vendor name first, in order to easily determine all the files to be included as part of the vendor’s response. For example, files should be named as follows:

Vendor Name-your file name.

mailto:Katrina.Smith@dhhs.nc.gov

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d) File contents SHALL NOT be password protected, the file formats must be in .PDF, .JPEG, .DOC or .XLS format, and shall be capable of being copied to other sources. Inability by the State to open the Vendor’s files may result in the Vendor’s offer(s) being rejected.

e) If the vendor’s proposal contains any confidential information (as defined in the Terms and Conditions of this solicitation), then the vendor must provide one (1) signed, original electronic offer and one (1) redacted electronic copy.

For training on how to use the Ariba Sourcing Tool to view solicitations, submit questions, develop responses, upload documents, and submit offers to the State, Vendors should go to the following site: https://eprocurement.nc.gov/training/vendor-training

Questions or issues related to using the Ariba Sourcing Tool itself can be directed to the North Carolina eProcurement Help Desk at 888-211-7440, Option 2. Help Desk representatives are available Monday through Friday from 7:30 AM EST to 5:00 PM EST.

Prices and any other entry made hereon by the Vendor shall be considered firm and not subject to change

2.4. BASIS FOR REJECTION

Pursuant to 9 NCAC 06B.0401, the State reserves the right to reject any and all offers, in whole or in part; by deeming the offer unsatisfactory as to quality or quantity, delivery, price or service offered;

non-compliance with the specifications or intent of this solicitation; lack of competitiveness; error(s) in specifications or indications that revision would be advantageous to the State; cancellation or other changes in the intended project, or other determination that the proposed requirement is no longer needed; limitation or lack of available funds; circumstances that prevent determination of the best offer; or any other determination that rejection would be in the best interest of the State. Vendor contact regarding this RFQ with anyone other than Katrina Smith may be grounds for rejection of said Vendor’s offer.

2.5. LATE OFFERS

Regardless of cause, late offers will not be accepted and will automatically be disqualified from further consideration. It shall be the Vendor’s sole risk to ensure delivery at the designated office by the designated time. Late offers will not be opened and may be returned to the Vendor at the expense of the Vendor or destroyed if requested.

2.6. NON-RESPONSIVE OFFERS

Vendor offers will be deemed non-responsive by the State and will be rejected without further consideration or evaluation if statements such as the following are included:

• “This offer does not constitute a binding offer”,

• “This offer will be valid only if this offer is selected as a finalist or in the competitive range”,

• “Vendor does not commit or bind itself to any terms and conditions by this submission”,

• “This document and all associated documents are non-binding and shall be used for discussion purposes only”,

• “This offer will not be binding on either party until incorporated in a definitive agreement signed by authorized representatives of both parties”, or

• A statement of similar intent.

2.7. NOTICE TO VENDOR(S)

The State objects to and will not be required to evaluate or consider any additional terms and conditions not previously agreed to by the State and submitted with an Offeror’s response.

This applies to any language appearing in or attached to the document as part of the Offeror’s response. By execution and delivery of this RFQ and response(s), the Offeror agrees that any https://eprocurement.nc.gov/training/vendor-training

Page 5 of 25 Version May 4, 2026 additional terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect.

2.8. E-PROCUREMENT SOLICITATION

This is an E-Procurement solicitation. See Paragraph #31 of the attached Department of Information Technology Terms and Conditions.

a) General information on the E-Procurement service can be found at http://eprocurement.nc.gov/

b) Within two days after notification of award of a contract, vendor must register in NC E-

Procurement @ Your Service at the following web site: https://vendor.ncgov.com/vendor/login

c) As of the RFQ submittal date, the Vendor must be current on all E-Procurement fees. If the Vendor is not current on all E-Procurement fees, the State may disqualify the Vendor from participation in this RFQ.

2.9. DISTRIBUTORS AND RESELLERS

“Resellers” as used herein, refers to businesses that routinely sell or distribute Vendor’s Products, and may include “Distributors”, “Value Added Resellers” (VARs), “Original Equipment Manufacturers” (OEMs), Channel Partners, or such other designations. These businesses must be approved by the State prior to placement of any orders. Any contract established will be subject to this solicitation and any resulting Agreement(s), and to the terms and conditions of the State’s competitive bidding process.

The Agency acknowledges that the Reseller has merely purchased the Third-Party Items for resale or license to the Agency, and that the proprietary and intellectual property rights to the Third-Party Items are owned by parties other than the Reseller (“Third Parties”). The Agency further acknowledges that except for the payment to the Reseller for the Third-Party Items, all of its rights and obligations with respect thereto flow from and to the Third Parties. The Reseller shall provide the Agency with copies of all documentation and warranties for the Third-Party Items which are provided to the Reseller. The Reseller shall assign all applicable third-party warranties for Deliverables to the Agency.

Is the Vendor an authorized Flexera FlexOne reseller for the products as listed in Section

4.0 Furnish and Deliver? Yes________ No_________

2.10. POSSESSION AND REVIEW

During the evaluation period and prior to award, possession of the bids and accompanying information is limited to personnel of the issuing agency, and to the committee responsible for participating in the evaluation. Vendors who attempt to gain this privileged information, or to influence the evaluation process (i.e. assist in evaluation) will be in violation of purchasing rules and their offer will not be further evaluated or considered.

After award of contract the complete bid file will be available to any interested persons with the exception of trade secrets, test information or similar proprietary information as provided by statute and rule. Any proprietary or confidential information which conforms to exclusions from public records as provided by N.C.G.S. §132-1.2 must be clearly marked as such in the offer when submitted.

2.11. BEST AND FINAL OFFERS (BAFO)

The State may establish a competitive range based upon evaluations of offers, and request BAFOs from the Vendor(s) within this range, e.g. “Finalist Vendor(s)”. If negotiations or subsequent offers are solicited, the Vendor(s) shall provide BAFO(s) in response. Failure to deliver a BAFO when requested shall disqualify the non-responsive Vendor from further consideration. The State will https://vendor.ncgov.com/vendor/login

Page 6 of 25 Version May 4, 2026 evaluate BAFO(s), oral presentations, and product demonstrations as part of the Vendors’ respective offers to determine the final rankings.

2.12. AWARD

It is the general intent to award this contract to one (1) Vendor. As provided by statute, award will be based on Best Value Analysis, Lowest Price Technically Acceptable Source Selection Method in accordance with 09 NCAC 06B. 0302 Information Technology Procurement.

2.13. POINTS OF CONTACT

Contact by the Offeror with the persons shown below for contractual and technical matters related to this RFQ is only permitted if expressly agreed to by the purchasing lead named on page 4, or upon award of contract:

For Vendor completion:

Vendor Contractual Point of Contact Vendor Technical Point of Contact Name of Vendor:

Street:

City, State, Zip:

Attn:

Email:

Name of Vendor:

Street:

City, State, Zip:

Attn:

Email:

3.0 SPECIFICATIONS

3.1. VENDOR STANDARD AGREEMENT(S)

The terms and conditions of Vendor’s standard license, maintenance or other agreement(s) applicable to Software and other Products acquired under this Agreement may apply to the extent such terms and conditions do not materially change the terms and conditions of this Agreement. In the event of any conflict between the terms and conditions of this Agreement and the Vendor’s standard agreement(s), the terms and conditions of this Agreement relating to audit and records, jurisdiction, choice of law, the State’s electronic procurement application of law or administrative rules, the remedy for intellectual property infringement and the exclusive remedies and limitation of liability in the Terms and Conditions herein shall apply in all cases and supersede any provisions contained in Vendor’s relevant standard agreement or any other agreement. The State shall not be obligated under any standard license and/or maintenance or other Vendor agreement(s) to indemnify or hold harmless the Vendor, its licensors, successors or assigns; nor arbitrate any dispute, nor pay late fees, legal fees or other similar costs.

For Vendor Completion:

_____ The Vendor represents and warrants that the terms and conditions of Vendor’s standard license, maintenance, or other agreement(s) do not apply to this procurement. No vendor agreement, standard or otherwise is incorporated into this IFB #30-26380-ITD.

_____ The Vendor standard license, maintenance, or other agreement(s) is provided with the RFQ response and shall be incorporated into this IFB #30-26380-ITD based on the outcome of a legal review.

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3.2. VENDOR UTILIZATION OF WORKERS OUTSIDE U.S. – DISCLOSURE STATEMENT

In accordance with the Statewide Information Security Manual (SISM), the State restricts the location of information systems that receive, process, store, or transmit State and Federal data to the United States which includes the following areas: US States, US Territories, US Embassies, and US Military installations (stateside or overseas). This restriction applies to the Vendor and to any subcontractors engaged to provide Services under this Agreement or with access to State Data.

The Vendor must ensure that its subcontractor agreements contain the same restrictions and will be responsible for monitoring and enforcing subcontractor compliance at all times.

Pursuant to N.C.G.S. §143B-1361(b), the Vendor must complete and return this Disclosure Statement Attachment F with its solicitation response. The Vendor may attach additional pages to its response if needed. The State of North Carolina will evaluate Disclosure Statement Attachments for additional risks, costs, and other factors associated with its service prior to making an award for any such Vendor’s offer. The Vendor must provide the following information in its bid response:

Vendor to complete a.-e. in their offer:

a. The location of work performed under a state contract by the Vendor, any subcontractors, employees, or other persons performing the contract and whether any of this work will be performed outside the United States.

Vendor to enter text here to answer this disclosure question:

b. The corporate structure and location of corporate employees and activities of the Vendor, its affiliates or any other subcontractors.

Vendor to enter text here to answer this disclosure question:

c. Vendor agrees to provide notice of the relocation of the Vendor, employees of the Vendor, subcontractors of the Vendor, or other persons performing Services under a state contract outside of the United States in the event such relocation occurs during the contract term.

Does Vendor agree to provide notice as defined above? YES NO

d. Vendor agrees that any Vendor or subcontractor providing call or contact center Services to the State of North Carolina shall disclose to inbound callers the location from which the call or contact center Services are being provided.

Does Vendor agree to provide disclosure as defined above? YES NO

e. Will any work under this contract be performed outside the United States? YES NO The use of resources or workers located outside the United States is a critical security exception that must be escalated to the State Chief Information Officer for review pursuant to N.C.G.S. §143B- 1376(c) and §143B-1320(c). These critical security exceptions are approved only in rare and extenuating circumstances. Vendor should account for this when preparing its response.

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3.3. E-VERIFY

Pursuant to N.C.G.S. § 143B-1350(k), the State shall not enter into a contract unless the awarded Vendor and each of its subcontractors comply with the E-Verify requirements of N.C.G.S. Chapter 64, Article 2. Vendors are directed to review the foregoing laws. Any awarded Vendor must submit a certification of compliance with E-Verify to the awarding agency, and on a periodic basis thereafter as may be required by the State.

3.4 BRAND SPECIFIC PRODUCT

Manufacturer(s) name and product descriptions used in this solicitation are product specific. The items offered in response to this solicitation must be the manufacturer and type specified. Failure to comply with this requirement will result in rejection of offer.

3.5. SECURITY SPECIFICATIONS

3.5.1 SOLUTIONS HOSTED ON STATE INFRASTRUCTURE - RESERVED

3.5.2 SOLUTIONS NOT HOSTED ON STATE INFRASTRUCTURE

The Agency (named on page one (1)) has designated this solicitation to receive and securely manage data that is classified as:

Agency has selected: Internal

Restricted - Restricted data represents the highest risk to the State, State Agencies, and constituents if it is disclosed or compromised. This information is likely to be regulated by State or Federal law, and access to it is restricted to a limited audience (e.g., State and Federal Tax Information [FTI], Payment Card data, Protected Health Information [PHI], Criminal Justice Information [CJI], Social Security Administration provided information, etc.)

Confidential - Includes information that is limited to a small audience with a need-to-know or legitimate business case (e.g., State employee personnel records, trade secrets, student records, sensitive public security information, etc.). If exposed to unauthorized parties, data from this category will cause high impact consequences such as regulatory fines, inability to recruit talent, loss of confidence, and/or damage to vendor relationships. This is not a complete list and is subject to legislative changes.

Internal - This is information typically used within the agency and not for public sharing. Most documents are classified as Internal within the organization, and most State employees would have access. This type of data, if exposed to unauthorized parties, would have a very limited impact on an agency’s reputation, compliance requirements or ability to achieve strategic goals.

Internally classified data does not contain direct identifiers. Often, the effects of the loss of data can be recognized in very subtle ways and may not lead to clear negative consequences causing confusion due to lack of context or minor reputational harm.

Public - Data that is open to public inspection according to state and federal law, or readily available through public sources.

Refer to the North Carolina Statewide Data Classification and Handling policy for more information regarding data classification. The policy is located at the following website:

https://it.nc.gov/document/statewide-data-classification-and-handling-policy.

To comply with the State’s Security Standards and Policies, State agencies are required to perform annual security/risk assessments on their information systems using NIST 800-53 controls.

X https://it.nc.gov/document/statewide-data-classification-and-handling-policy

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This requirement additionally applies to all Vendor-provided, agency-managed Infrastructure as a Service (IaaS), Platform as a Service (PaaS), and Software as a Service (SaaS) solutions which will handle data classified as Internal, Confidential, or Restricted.

(a) To comply with the State’s Security Standards and Policies, cloud products are required to comply with applicable FedRAMP or GovRAMP security requirements, including but not limited to, continuous monitoring, incident response, and data classification as outlined in GovRAMP documentation.

(b) To streamline and standardize this requirement the State has adopted GovRAMP which is a Risk and Authorization Management Program that provides a standardized approach to security assessment, authorization, and continuous monitoring for cloud products and services. GovRAMP’s security verification model is based on NIST 800-53 Rev. 5 (or current).

(c) The required GovRAMP verified status will depend on the sensitivity of the data and processes supported by the solution as defined in the Statewide Data Classification and Handling Policy.

(d) For purposes of this solicitation, in accordance with the North Carolina Department of Information Technology Statewide Information Security Manual, a GovRAMP verified status of INTERNAL is required. At offer submission, if the protected system does not currently hold a validated GovRAMP status, the Vendor will be required to provide their GovRAMP Security Snapshot Score and upon request, the complete Snapshot Matrix. If awarded the contract, Vendor shall have an interim period from the effective date of the contract to achieve the verified GovRAMP status outlined above. The interim time periods for each data classification that requires a verified status are further described below. The Vendor shall provision access to the State to their continuous monitoring packages at a [standard] or [elevated] access level within fourteen (14) days of contract award, and seven (7) days of any subsequent GovRAMP status changes. If a non-disclosure agreement (NDA) is required by the Vendor, a copy of the NDA must be uploaded with the response and executed by the Vendor and the State at the time of contract award.

a. Public - For third-party cloud services where the highest category of information to be processed is Public data, the Vendor must submit an updated score for the product annually throughout the contract duration that meets or exceeds the original score at time of contract award. Products with GovRAMP Core, Ready, Authorized or Provisionally Authorized statuses or FedRAMP Rev. 5 authorization also satisfy the security requirement.

b. Internal - For third-party cloud services where the highest category of information to be processed is Internal data, the Vendor must either achieve the status of GovRAMP Core prior to award, or agree to achieve GovRAMP Core status within an interim time period, no later than twelve (12) months from the effective date of the contract.

c. Confidential - For third-party cloud services where the highest category of information to be processed is Confidential data, the Vendor must either achieve a status of GovRAMP Ready, or agree to achieve GovRAMP Ready status no later than fifteen

(15) months from the effective date of the contract.

d. Restricted - For third-party cloud services where the highest category of information to be processed is Restricted Data, the Vendor must either achieve a status of GovRAMP Authorized, or agree to achieve GovRAMP Authorized status no later than twenty-one

(21) months from the effective date of the contract.

Upon contract award, Vendor’s who submitted a GovRAMP Security Snapshot Score will be required to enroll in the GovRAMP Progressing Snapshot program prior to any data being

Page 10 of 25 Version May 4, 2026 transferred, stored or processed. The Vendor must complete their first Progressing Snapshot within ninety (90) days of award, with the expectation that progress will be made on a quarterly basis and access to progress reports must be provisioned to the State.

Products must maintain their participation in the Progressing Snapshot program and continued access to progress reports must be provisioned to the State until such time that they have achieved the minimum verified status outlined above. The State will review the Vendor’s progress on a quarterly basis and, in its sole discretion, may determine that the Vendor is not making satisfactory progress in the Progressing Snapshot program.

Satisfactory progress shall be a material requirement of the contract.

(e) If the Vendor holds a FedRAMP Rev. 5 authorization at time of award, this authorization can be accepted in lieu of a GovRAMP authorization. Authorizations obtained via the FedRAMP 20x Pilot Program will not be permitted.

If the Vendor’s cloud product currently holds a FedRAMP Authorized designation, at the time of award, the State may require the Vendor to initiate and actively pursue, within thirty

(30) days of award, the GovRAMP Fast Track Process, to achieve a GovRAMP Provisionally Authorized or Authorized status in order to satisfy Statewide continuous monitoring requirements.

(c) Additional Security Documentation. Prior to contract award, the State may in its discretion require the Vendor to provide additional security documentation, including but not limited to, vulnerability assessment reports and penetration test reports. The awarded Vendor shall provide additional security documentation upon request by the State during the term of the contract.

Refer to: https://it.nc.gov/documents/statewide-glossary-information-technology-terms for descriptions of the Application Criticality categories.

Refer to: http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.199.pdf for descriptions of NIST system confidentiality, integrity, and availability categories.

3.6 ENTERPRISE ARCHITECTURE SPECIFICATIONS

3.6.1 ARCHITECTURE DIAGRAMS - RESERVED

3.6.2 SOLUTION ROADMAP - RESERVED

3.6.3 IDENTITY AND ACCESS MANAGEMENT - RESERVED

3.6.4 INTEGRATION APPROACH - RESERVED

3.6.5 DISASTER RECOVERY AND BUSINESS CONTINUITY - RESERVED

3.6.6 DATA MIGRATION - RESERVED

3.6.7 APPLICATION MANAGEMENT - RESERVED

3.6.8 ACCESSIBILITY RESERVED

ENTERPRISE, SERVICES, AND STANDARDS

Agencies and vendors should refer to the Vendor Resources Page for information on North Carolina Department of Information Technology regarding architecture, security, strategy, data, digital, identity and access management and other general information on doing business with state IT process.

The Vendor Resources Page found at the following link: https://it.nc.gov/vendor-engagement-resources. This site provides vendors with statewide information and links referenced throughout the RFP document. Agencies may request additional information.

https://it.nc.gov/documents/statewide-glossary-information-technology-terms http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.199.pdf https://it.nc.gov/vendor-engagement-resources https://it.nc.gov/vendor-engagement-resources

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3.7 SPECIFICATIONS

Please see Furnish and Deliver section 4.0 below.

3.8. DELIVERY

Successful Vendor will complete supply of the scope of work within 10 consecutive calendar days after receipt of purchase order either electronically or to the following location(s):

Babita.savitsky@dhhs.nc.gov If circumstances beyond the control of the contractor result in a late delivery, it is the responsibility and obligation of the contractor to notify the Purchasing Agent listed on the purchase order, in writing, immediately upon determining delay of shipment. The written notification should indicate the anticipated delivery date.

3.9. CONTRACT TERM

A contract awarded pursuant to this RFQ shall have an effective date as provided in the Notice of Award. The term shall be one (1) year and will expire upon the anniversary date of the effective date unless otherwise stated in the Notice of Award, or unless terminated earlier. The State retains the option to extend this contract for two (2) additional one (1) year periods at its sole discretion.

4.0 FURNISH AND DELIVER

YEAR 1:

ITEM #

QTY

UNIT

DESCRIPTION

UNIT COST

EXTENDED COST

1 1 each FlexOne-ITV-CS IT Visibility Cloud Subscription Flexera Software - FlexOne-ITV-CS One (1) year

2 1 Each Reinstatement or lapsed coverage Fee if applicable

Total Offer Cost Year 1 ________________

OPTIONAL COSTS: MAY OR MAY NOT BE PURCHASED

YEAR 2:

1 1 each Year 2 - FlexOne-ITV-CS IT Visibility Cloud Subscription

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Total Offer Cost Year 2 ________________

YEAR 3:

1 1 each Year 3 - FlexOne-ITV-CS IT Visibility Cloud Subscription

Total Offer Cost Year 3 _________________

Grand Total Offer Cost Years 1-3:_________________

5.0 HISTORICALLY UNDERUTILIZED BUSINESSES

For Vendor completion:

“Historically Underutilized Businesses (HUBs) consist of minority, women and disabled business firms that are at least fifty-one percent owned and operated by an individual(s) of the aforementioned categories. Also included in this category are disabled business enterprises and non-profit work centers for the blind and severely disabled.” http://ncadmin.nc.gov/businesses/hub

Pursuant to N.C.G.S. §§143B-1361(a), 143-48 and 143-128.4, the State invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled. This includes utilizing subcontractors to perform the required functions in this RFQ .

Is Vendor a Historically Underutilized Business? YES NO If “YES”, specify classification. ___________________________ http://ncadmin.nc.gov/businesses/hub

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6.0 DEPARTMENT OF INFORMATION TECHNOLOGY INSTRUCTIONS TO VENDORS

1) READ, REVIEW AND COMPLY: It shall be the Vendor’s responsibility to read this entire document, review all enclosures and attachments, and comply with all requirements specified herein.

2) DEFINITIONS:

• NCDIT: The North Carolina Department of Information Technology, formerly Office of Information

Technology Services

• NCDIT CONVENIENCE CONTRACT: A contract that is used for the procurement of IT goods or

Services. These contracts are in place for the convenience of the state and use of them is optional.

• OPEN MARKET CONTRACT: A contract for the purchase of goods or Services not covered by a term, technical, or convenience contract.

• TERM CONTRACT: A contract in which a source of supply is established for a specified period of time for specified Services or supplies; usually characterized by an estimated or definite minimum quantity, with the possibility of additional requirements beyond the minimum, all at a predetermined unit price

• THE STATE: Is the state of North Carolina and its agencies.

• VENDOR: Company, firm, corporation, partnership, individual, etc., submitting a response to a solicitation.

3) PROMPT PAYMENT DISCOUNTS: Vendors are urged to compute all discounts into the price offered. If a prompt payment discount is offered, it will not be considered in the award of the contract except as a factor to aid in resolving cases of identical prices.

4) CLARIFICATIONS/INTERPRETATIONS: Any and all questions regarding this document must be addressed to the purchaser named on the cover sheet of this document. Do not contact the user directly. Any and all revisions to this document shall be made only by written addendum from NCDIT.

The Vendor is cautioned that the requirements of this RFQ can be altered only by written addendum and that verbal communications from whatever source are of no effect.

5) ACCEPTANCE AND REJECTION: The State reserves the right to reject any and all offers, to waive any informality in offers and, unless otherwise specified by the Vendor, to accept any item in the offer.

If either a unit price or an extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded.

6) AWARD OF CONTRACT: Responsive offers will be evaluated and acceptance may be made in accordance with Best Value procurement practices as defined by N.C.G.S. §143-135.9. Unless otherwise specified by the State or the Vendor, the State reserves the right to accept any item or group of items on a multi-item offer. In addition, on agency specific or term contracts, NCDIT reserves the right to make partial, progressive or multiple awards: where it is advantageous to award separately by items; or where more than one supplier is needed to provide the contemplated requirements as to quantity, quality, delivery, service, geographical areas; other factors deemed by NCDIT to be pertinent or peculiar to the purchase in question.

7) MISCELLANEOUS: Masculine pronouns shall be read to include feminine pronouns and the singular of any word or phrase shall be read to include the plural and vice versa.

8) PROTEST PROCEDURES: Reserved.

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9) VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM The electronic Vendor Portal (eVP) allows Vendors to electronically register with the State to receive electronic notification of current procurement opportunities for goods and services available on the eVP at the following web site: https://evp.nc.gov.

10) DIGITAL IMAGING: The State will digitize the Vendor’s response if not received electronically, and any awarded contract together with associated contract documents. This electronic copy shall be a preservation record, and serve as the official record of this solicitation with the same force and effect as the original written documents comprising such record. Any printout or other output readable by sight shown to reflect such record accurately is an "original."

https://evp.nc.gov/

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7.0 DEPARTMENT OF INFORMATION TECHNOLOGY TERMS AND CONDITIONS

1) DEFINITIONS:

a) “Data” includes means information, formulae, algorithms, or other content that the State, the State’s employees, agents and end users upload, create or modify using the Services pursuant to this Agreement. Data also includes user identification information and metadata which may contain Data or from which the State’s Data may be ascertainable.

b) Deliverable/Product Warranties shall mean and include the warranties provided for products or deliverables licensed to the State as included in Paragraph 7) c) of these Terms and Conditions unless superseded by a Vendor’s Warranties pursuant to Vendor’s License or Support Agreements.

c) “Services” shall mean the duties and tasks undertaken by the Vendor to fulfill the requirements and specifications of this solicitation, including, without limitation, providing web browser access by authorized users to certain Vendor online software applications identified herein, and to related services, such as Vendor hosted Computer storage, databases, Support, documentation, and other functionalities, all as a Software as a Service (“SaaS”) solution.

d) “State” shall mean the State of North Carolina, the Department of Information Technology as an agency, or the agency identified in this solicitation as the Purchasing Agency and Award Authority.

e) “Support” includes provision of ongoing updates and maintenance for the Vendor online software applications, and as may be specified herein, consulting, training and other support Services as provided by the Vendor for SaaS tenants receiving similar SaaS Services.

1) ACCESS AND USE OF SAAS SERVICES:

a) Vendor grants the State a personal non-transferable and non-exclusive right to use and access, all Services and other functionalities or services provided, furnished or accessible under this Agreement. The State may utilize the Services as agreed herein and in accordance with any mutually agreed Acceptable Use Policy. The State is authorized to access State Data and any Vendor-provided data as specified herein and to transmit revisions, updates, deletions, enhancements, or modifications to the State Data. This shall include the right of the State to, and access to, Support without the Vendor requiring a separate maintenance or support agreement. Subject to an agreed limitation on the number of users, the State may use the Services with any computer, computer system, server, or desktop workstation owned or utilized by the State or other authorized users. User access to the Services shall be routinely provided by the Vendor and may be subject to a more specific Service Level Agreement (SLA) agreed to in writing by the parties. The State shall notify the Vendor of any unauthorized use of any password or account, or any other known or suspected breach of security access. The State also agrees to refrain from taking any steps, such as reverse engineering, reverse assembly or reverse compilation to derive a source code equivalent to the Services or any portion thereof. Use of the Services to perform services for commercial third parties (so-called “service bureau” uses) is not permitted, but the State may utilize the Services to perform its governmental functions. If the Services fees are based upon the number of Users and/or hosted instances, the number of Users/hosted instances available may be adjusted at any time (subject to the restrictions on the maximum number of Users specified in the Furnish and Deliver Table herein above) by mutual agreement and State Procurement approval. All Services and information designated as “confidential” or “proprietary” shall be kept in confidence except as may be required by the North Carolina Public Records Act: N.C.G.S. § 132-1, et. seq.

b) The State’s access license for the Services and its associated services neither transfers, vests, nor infers any title or other ownership right in any intellectual property rights of the Vendor or any third party, nor does this license transfer, vest, or infer any title or other ownership right in any source code associated with the Services unless otherwise agreed to by the parties. The provisions of this paragraph will not be construed as a sale of any ownership rights in the Services. Any Services or technical and business information owned by Vendor or its suppliers or licensors made accessible or furnished to the State shall be and remain the property of the Vendor or such other party, respectively. Vendor has a limited, non-exclusive license to access and use the State Data as provided to Vendor, but solely for performing its obligations under this Agreement and in confidence as provided herein.

c) Vendor or its suppliers shall at minimum, and except as otherwise agreed, provide telephone assistance to the State for all Services procured hereunder during the State’s normal business hours (unless different hours are specified herein). Vendor warrants that its Support and customer service and assistance will be performed in accordance with generally accepted industry standards. The State has the right to receive the benefit of upgrades, updates, maintenance releases or other enhancements or modifications made generally available to Vendor’s SaaS tenants for similar Services. Vendor’s right to a new use agreement for new version releases of the Services shall not be abridged by the foregoing. Vendor may, at no additional charge, modify the Services to improve operation and reliability or to meet legal requirements.

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d) Vendor will provide to the State the same Services for updating, maintaining and continuing optimal performance for the Services as provided to other similarly situated users or tenants of the Services, but minimally as provided for and specified herein. Unless otherwise agreed in writing, Support will also be provided for any other (e.g., third–party) software provided by the Vendor in connection with the Vendor’s solution herein. The technical and professional activities required for establishing, managing, and maintaining the Services environment are the responsibilities of the Vendor. Any training specified herein will be provided by the Vendor to certain State users for the fees or costs as set forth herein or in an SLA.

e) Services provided pursuant to this Solicitation may, in some circumstances, be accompanied by a user clickwrap agreement. The term clickwrap agreement refers to an agreement that requires the end user to manifest his or her assent to terms and conditions by clicking an “ok” or “agree” button on a dialog box or pop-up window as part of the process of access to the Services. All terms and conditions of any clickwrap agreement provided with any Services solicited herein shall have no force and effect and shall be non-binding on the State, its employees, agents, and other authorized users of the Services.

f) The Vendor may utilize partners and/or subcontractors to assist in the provision of the Services, so long as the State Data is not removed from the United States unless the terms of storage of the State Data are clearly disclosed, the security provisions referenced herein can still be complied with, and such removal is done with the prior express written permission of the State. The Vendor shall identify all of its strategic business partners related to Services provided under this contract, including but not limited to, all subcontractors or other entities or individuals who may be a party to a joint venture or similar agreement with the Vendor, who will be involved in any application development and/or operations.

g) Vendor warrants that all Services will be performed with professional care and skill, in a workmanlike manner and in accordance with the Services documentation and this Agreement.

h) An SLA or other agreed writing shall contain provisions for scalability of Services and any variation in fees or costs as a result of any such scaling.

i) Professional services provided by the Vendor at the request by the State in writing in addition to agreed Services shall be at the then-existing Vendor hourly rates when provided, unless otherwise agreed in writing by the parties.

2) WARRANTY OF NON-INFRINGEMENT; REMEDIES.

a) Vendor warrants to the best of its knowledge that:

i) The Services do not infringe any intellectual property rights of any third party; and

ii) There are no actual or threatened actions arising from, or alleged under, any intellectual property rights of any third party;

b) Should any Services supplied by Vendor become the subject of a claim of infringement of a patent, copyright, Trademark or a trade secret in the United States, the Vendor, shall at its option and expense, either procure for the State the right to continue using the Services, or replace or modify the same to become noninfringing.

If neither of these options can reasonably be taken in Vendor’s judgment, or if further use shall be prevented by injunction, the Vendor agrees to cease provision of any affected Services, and refund any sums the State has paid Vendor and make every reasonable effort to assist the State in procuring substitute Services. If, in the sole opinion of the State, the cessation of use by the State of any such Services due to infringement issues makes the retention of other items acquired from the Vendor under this Agreement impractical, the State shall then have the option of terminating the Agreement, or applicable portions thereof, without penalty or termination charge; and Vendor agrees to refund any sums the State paid for unused Services.

c) The Vendor, at its own expense, shall defend any action brought against the State to the extent that such action is based upon a claim that the Services supplied by the Vendor, their use or operation, infringes on a patent, copyright, trademark or violates a trade secret in the United States. The Vendor shall pay those costs and damages finally awarded or agreed in a settlement against the State in any such action. Such defense and payment shall be conditioned on the following:

i) That the Vendor shall be notified within a reasonable time in writing by the State of any such claim; and,

ii) That the Vendor shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise provided, however, that the State shall have the option to participate in such action at its own expense.

d) Vendor will not be required to defend or indemnify the State if any claim by a third party against the State for infringement or misappropriation results from the State’s material alteration of any Vendor-branded Services, or from the continued use of the good(s) or Services after receiving notice they infringe on a trade secret of a third party.

3) ACCESS AVAILABILITY; REMEDIES:

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a) The Vendor warrants that the Services will be in good working order, and operating in conformance with Vendor’s standard specifications and functions as well as any other specifications agreed to by the parties in writing, and shall remain accessible 24/7, with the exception of scheduled outages for maintenance and of other service level provisions agreed in writing, e.g., in an SLA. Vendor does not warrant that the operation of the Services will be completely uninterrupted or error free, or that the Services functions will meet all the State’s requirements, unless developed as Customized Services.

b) The State shall notify the Vendor if the Services are not in good working order or inaccessible during the term of the Agreement. Vendor shall, at its option, either repair, replace or reperform any Services reported or discovered as not being in good working order and accessible during the applicable contract term without cost to the State.

If the Services monthly availability averages less than 99.9% (excluding agreed-upon maintenance downtime), the State shall be entitled to receive automatic credits as indicated immediately below, or the State may use other contractual remedies such as recovery of damages, as set forth herein in writing, e.g., in Specifications, Special Terms or in an SLA, and as such other contractual damages are limited by N.C.G.S. §143B-1350(h1) and the Limitation of Liability paragraph below. If not otherwise provided, the automatic remedies for nonavailability of the Subscription Services during a month are:

1. A 10% service credit applied against future fees if Vendor does not reach 99.9% availability.

2. A 25% service credit applied against future fees if Vendor does not reach 99% availability.

3. A 50% service credit applied against future fees or eligibility for early termination of the Agreement if Vendor does not reach 95% availability.

If, however, Services meet the 99.9% service availability level for a month, but are not available for a consecutive120 minutes during that month, the Vendor shall grant to the State a credit of a pro-rated one-day of the monthly subscription Services fee against future Services charges. Such credit(s) shall be applied to the bill immediately following the month in which Vendor failed to meet the performance requirements or other service levels, and the credit will continue to be deducted from the monthly invoice for each prior month that Vendor fails to meet the support response times for the remainder of the duration of the Agreement. If Services monthly availability averages less than 99.9% (excluding agreed-upon maintenance downtime), for three (3) or more months in a rolling twelve-month period, the State may also terminate the contract for material breach in accordance with the Default provisions hereinbelow.

c) Support Services. If Vendor fails to meet Support Service response times as set forth herein or in an SLA for a period of three consecutive months, a 10% service credit will be deducted from the invoice in the month immediately following the third month, and the 10% service credit will continue to be deducted from the monthly invoice for each month that Vendor fails to meet the support response times for the remainder of the duration of the Agreement.

4) EXCLUSIONS:

a) Except as stated above in Paragraphs 3 and 4, Vendor and its parent, subsidiaries and affiliates, subcontractors and suppliers make no warranties, express or implied, as to the Services.

b) The warranties provided in Paragraphs 3 and 4 above do not cover repair for damages, malfunctions…