ITS60 Contract User Guide 10.06.2022 V8.0.docx

ITS60: Cloud Solutions UPDATED: October 06, 2022

*The asterisk is required when referencing the contract in the Massachusetts Management Accounting Reporting System (MMARS).

Table of Contents:

Contract User Guide for ITS60

(NOTE: To access hyperlinks below, scroll over desired section and CTL + Click) NOTE: Contract User Guides are updated regularly. Print copies should be compared against the current version posted on mass.gov/osd.

Updated: October 06, 2022 Template version: 8.0 Page 1 of 12 One Ashburton Place, Suite 1017 Boston, MA, 02108-1552 Tel: (617) 720 - 3300 | www.mass.gov/osd | TDD: (617) 727 - 2716 | Twitter: @Mass_OSD | Fax: (617) 727 - 4527

NOTE: Contract User Guides are updated regularly. Print copies should be compared against the current version posted on mass.gov/osd.

Updated: October 06, 2022 Template version: 8.0 Page 4 of 12 One Ashburton Place, Suite 1017 Boston, MA, 02108-1552 Tel: (617) 720 - 3300 | www.mass.gov/osd | TDD: (617) 727 - 2716 | Twitter: @Mass_OSD | Fax: (617) 727 - 4527

· Contract Summary

· Benefits and Cost Savings

· Find Bid/Contract Documents

· Who Can Use This Contract

· Subcontractors

· Supplier Diversity Requirements

· Pricing, Quotes and Purchase Options

· Instructions for MMARS Users

· Contract Exclusions and Related Statewide Contracts

· Additional Information/FAQ's

· Strategic Sourcing Team Members

· VENDOR LIST AND INFORMATION

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Contract Summary ITS60 Category 1 (ITS60) is a Statewide Contract for Cloud Solutions and related services, including installation, implementation, customization, training, support, and maintenance. Cloud Solutions comprise Infrastructure as a Service (IaaS), Platform as a Service (PaaS), and Software as a Service (SaaS). This is the first Statewide Contract to offer IaaS and PaaS. SaaS is also available under ITS75, the Software and Services Contract. Additional vendors will be added over time. ITS60 leverages the NASPO ValuePoint Cloud Solutions contract, which currently has over 60 vendors that may be added to ITS60 as the Commonwealth negotiates Massachusetts terms with each vendor.

Benefits and Cost Savings Statewide contracts are an easy way to obtain benefits for your organization by leveraging the Commonwealth’s buying power, solicitation process, contracting expertise, vendor management and oversight, and the availability of environmentally preferable products.

Find Bid/Contract Documents

· To find all contract-specific documents, including the Contract User Guide, RFR, specifications, price sheets and other attachments, visit COMMBUYS.com and search for ITS60 to find related Master Blanket Purchase Order (MBPO) information.

· To link directly to the MBPO for ITS60 visit Master Blanket Purchase Order PO-19-1080-OSD03-SRC01-17282 .

· To find vendor-specific documents, including price sheets, see links to individual vendor MBPOs on the Vendor LInformation page. For additional vendor specific terms, and for pricing, see the Contractors tab at this link: https://www.naspovaluepoint.org/portfolio/71/.

Who Can Use This Contract Applicable Procurement Law Executive Branch Goods and Services: MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00 Eligible Entities Please see the standard list of Eligible Entities on our Eligible Entities Which May Use Statewide Contracts webpage.

Subcontractors The awarded vendor’s use of subcontractors is subject to the provisions of the Commonwealth’s Terms and Conditions and Standard Contract Form, as well as other applicable terms of this Statewide Contract.

When selecting vendor(s) without soliciting quotes or a statement of work, Executive Departments should follow below guidance:

When selecting contractors and placing orders, Executive departments shall utilize diverse and small businesses to the extent possible based on contract terms, SDO and departmental policies, laws, and regulations. Additionally, departments shall make a preference for contractors with higher SDP commitments and/or performance whenever such information is available (or is requested from contractors by the department) and the preference is feasible.

OSD provides up-to-date information on the availability of diverse and small businesses on statewide contracts through the Statewide Contract Index available on the COMMBUYS home page. See the “Programs (SDO and SBPP)” tab for current certification and small business status of contractors on this contract.

When selecting vendor(s) from multiple quotes and statement of work, Executive Departments should follow below guidance:

Requirements of the Small Business Purchasing Program for Small Procurements (expected annual value of $250,000 or less) or the Supplier Diversity Program for Large Procurements (expected annual value exceeding $250,000) apply to Executive Departments soliciting quotes or issuing statements of work.

Small Business Award Preference: In accordance with the Supplier Diversity Office’s SBPP Policy, Departments must award contracts for Small Procurements to SBPP-participating small business bidders if both of the following conditions are met:

· The response is received from an eligible small business; AND

· The response meets the Department’s best value criteria as defined in the RFR or RFQ.

SDP Commitment: Businesses awarded large Commonwealth contracts for goods and services (also called prime contractors or prime vendors) are required to make measurable financial commitments to do business with one or more diverse businesses (often called SDP Partners). This business-to-business relationship requirement applies to all Large Procurements for goods and services, which were historically defined as those expected to exceed $150,000 in total spending. Effective July 1, 2021, Large Procurements will be defined as those expected to exceed $250,000 in annual spending.

Executive departments should take into consideration contracted vendors SDP commitments when evaluating responses. Specifically, the following fields of the new SDP Plan Form correspond to the goals stated above:

SDP policy link or attachment (if any)

Additional creative initiatives (if any)

SDP commitment – subcontracting

Evaluate the bidder’s SDP commitment.

SDP commitment – ancillary

SDP commitment – total

Company prior year spending with the list of partners (if available)

Key Evaluation Requirements The following key requirements apply to the evaluation of submitted SDP Plans:

· At least 25% of the available evaluation score must be dedicated to the evaluation of the bidder’s SDP Commitment.

· The majority of the SDP evaluation score should be dedicated to the bidder’s SDP commitment.

· bidders offering more value in their SDP Plan submissions must receive higher scores.

Other Requirements:

· Include SBPP contract language and place it prominently within the RFQ. See SDO Template Language.

· Evaluate bids received from, and award a contract to, an SBPP-participating small business that meets the department’s best value criteria.

· Award to a large business only if there is no SBPP participating business meeting departments’ best value criteria.

· Conduct a clarification/BAFO/negotiation before disqualifying an SBPP-participating business based on price or desirable criteria.

· See the Best Value Evaluation of Responses to Small Procurements: A Guide for Strategic Sourcing Teams for additional guidance.

· Make a preference for contractors with higher SDP commitments and/or performance whenever such information is available (or is requested from contractors by the department) and the preference is feasible.

· See the Best Value Evaluation of SDP Plan Forms: A Guide for Strategic Sourcing Teams for additional guidance.

1. Note: Departments may ask the prime Contractor for an additional SDP commitment specifically related to the Department’s purchase or engagement. SDP spending for such a purchase or engagement must be reported by the Contractor using the SDP Reporting Form directly to the Department and may not be included in any other SDP reporting filed by the Contractor.

OSD provides up-to-date information on the availability of diverse and small businesses on statewide contracts through the Statewide Contract Index available on the COMMBUYS home page. See the “Programs (SDO and SBPP)” tab for current certification and small business status of contractors on this contract.

Pricing, Quote and Purchase Options Requirements for Obtaining Single or Multiple Quotes I. For acquisitions that require an Open Bid (over $250,000 for operational funds / $50,000 for capital funds, unless an exception applies*) – UPDATED 7/28/2021.

Open Market / Open Bid RFQs are no longer required for any acquisitions.

II. For acquisitions that require multiple Quotes ($5,001 per year and over) Multiple quotes are not required for maintenance/subscription renewals only, or if there is only one vendor on ITS60 that can provide the goods/services your organization seeks to acquire.

1. Agencies may contact ITS75/ITS60 Vendors if they have questions about products, versions, quantities, functionalities, security features, or other specifications.

2. Executive Departments and other Commonwealth network users must request approval from EOTSS to use ITS60. Submit a description of the intended purchase to EOTSS including the specifications, functionality, number of users, and anticipated costs via ITS60Requests@mass.gov.

3. Once approved by EOTSS via email, COMMBUYS users must post an RFQ on COMMBUYS. Others may request quotes via email.

For SaaS products, quotes must be requested from three (3) vendors. Vendors may be under ITS75 and/or ITS60. All three Vendors may be under ITS60. COMMBUYS users, please note that two bids will have to be issued if requesting SaaS quotes from both contracts.

For IaaS and PaaS products, quotes must be requested from three (3) Vendors on ITS60, unless there are fewer than three vendors on ITS60 that can meet the organization's needs.

It is recommended that the RFQ include the Commonwealth Cloud terms, modified as needed for the specific purchase. If professional services are needed, it is recommended the RFQ include the Commonwealth template SOW.

4. The RFQ must require that Vendors provide quotes, license/subscription terms, and any other documents the Agency will be required to sign.

5. Select winning quote from ITS75/ITS60 Vendor using "Best Value" principles.

6. Review the Vendor documents. Modify or delete terms that conflict with Commonwealth terms or are otherwise unacceptable and return documents to ITS75/ITS60 Vendor.

7. ITS75/ITS60 Vendor addresses conflicts with the Vendor submitting the bid, or with the Vendor submitting the bid and the requesting Eligible Entity, if necessary, and submits revised documents to the Eligible Entity.

8. The Eligible Entity and the ITS75/ITS60 Vendor sign final documents. If ITS60 is used, the Eligible Entity sends the signed documents via email to EOTSS (ITS60Requests@mass.gov) and OSD (marge.macevitt@mass.gov).

9. Issue Purchase Order to ITS75/ITS60 Vendor, including the following statement: All of the terms and conditions of Statewide Contract ITS60 [or ITS75, if applicable] are incorporated herein and made a part hereof. Conflicting terms, conditions or agreements included in or attached to this form, or accepted via a click-through agreement, shall be superseded and void.”

For acquisitions that do not require an Open Bid or multiple Quotes (under $5,000 per year)

1. Agencies may contact ITS75/ITS60 Vendor if they have questions about products, versions, quantities, functionalities, security features, or other specifications.

2. Executive Departments and other Commonwealth network users must request approval from EOTSS to use ITS60. Submit a description of the intended purchase including the specifications, functionality, number of users, and anticipated costs to EOTSS via ITS60Requests@mass.gov.

3. Once approved by EOTSS via email, submit a quote request to the ITS60 Vendor of choice. It is recommended that the quote request include the Commonwealth Cloud terms, modified as needed for the specific purchase. If professional services are needed, it is recommended the quote request include the Commonwealth template SOW.

4. The quote request must require that the Vendors provide quotes, license/subscription terms, and any other documents the Agency will be required to sign.

5. Review the Cloud Solution Provider documents. Modify or delete terms that conflict with Commonwealth terms or are otherwise unacceptable and return documents to the ITS60 Vendor.

6. ITS60 Vendor must address conflicts with Cloud Solution Provider, or with Cloud Solution Provider and the Agency, if necessary, and submit revised documents to your Agency.

7. The Agency and ITS60 Vendor sign final documents. Submit the signed documents via email to EOTSS (ITS60Requests@mass.gov) and OSD (marge.macevitt@mass.gov).

8. Issue Purchase Order to ITS60 vendor, including the following statement: All of the terms and conditions of Statewide Contract ITS60 are incorporated herein and made a part hereof. Conflicting terms, conditions or agreements included in or attached to this form, or accepted via a click-through agreement, shall be superseded and void.”

Purchase Options The purchase options identified below are the only acceptable options that may be used on this contract:

· Cloud Solutions may be obtained through software and technology subscription only.

· Other services may be obtained on a fee-for-service basis, either hourly rate or fixed price.

Pricing Options

· Ceiling/Not-to-Exceed: Contract discounts and other pricing published under the contract represents “ceiling” or “not-to-exceed” pricing and may be further negotiated.

Product/Service Pricing and Finding Vendor Price Files Vendor price files are found under the vendor’s logo at https://www.naspovaluepoint.org/portfolio/71/. When contacting a vendor on statewide contract, always reference ITS60 to receive contract pricing.

How To Purchase From The Contract

· If soliciting multiple quotes: Solicit quotes and select and purchase quoted item in COMMBUYS This COMMBUYS functionality provides a mechanism to easily obtain quotes, as specified by the Contract. The buyer would create a Release Requisition, and then convert it to a Bid. After approval by the buyer approving officer, the bid is then sent to selected vendors to request quotes. Buyers must include “ITS78 RFQ” when entering information in the Description field.

For a description of how to complete this purchase in COMMBUYS, visit the Job Aids for Buyers webpage, and select:

· The COMMBUYS Bids section, and choose the How to Request Quotes from Vendors on Statewide Contracts job aid OR the Quick Reference Guide (QRG) section, QRG – How to Post a Bid to Receive Quotes from Vendors on a Statewide Contract.

· If ordering directly from a vendor without seeking multiple quotes Once the Statement of Work (SOW) has been finalized, COMMBUYS users should attach it to their direct release purchase order in COMMBUYS.

· For a description of how to complete this purchase in COMMBUYS, visit the Job Aids for Buyers webpage and select:

· The COMMBUYS Requisitions section and choose the How to Make a Statewide Contract Purchase in COMMBUYS job aid.

· Note: In Step 8, enter the Unit Cost as 1. In Step 11, attach the SOW and purchase order with detailed pricing and quantity information.

· Document items in COMMBUYS that have already been purchased This type of contract allows buyers to document a contract purchase in COMMBUYS that already has taken place through a Request for Payment Authorization (RPA) Release Requisition. It also allows MMARS users to easily keep track of spend. NOTE: MMARS and COMMBUYS do not interface –payment request and invoice should be reported in both MMARS and COMMBUYS separately.

For a description of how to complete this purchase in COMMBUYS, visit the Job Aids for Buyers webpage, and select:

· The COMMBUYS Requisitions section, and choose the How to Record a Contract Purchase Previously Made (RPA Release) job aid.

Instructions for MMARS Users MMARS users must reference the MA number and object code U03 Software and Technology Licenses in the proper field in MMARS when placing orders with any contractor.

Contract Exclusions and Related Statewide Contracts ITS75, the Software and Services contract, provides both premised-based and SaaS software. Either contract may be used for SaaS, and quotes for SaaS may be requested from both contracts.

Additional Information/FAQs Understanding the Vendor’s Contract Terms As noted above, this contract is based on a procurement conducted by NASPO ValuePoint. The vendors’ “Master Contracts” are found on the Contracts tab at https://www.naspovaluepoint.org/portfolio/71/. Attachment A to the NASPO ValuePoint RFR is the “NASPO ValuePoint Master Agreement Terms and Conditions,” and Exhibits 1-3 to Attachment A are the SaaS, PaaS, and IaaS terms respectively. Vendors had the ability to negotiate these terms; each vendor’s specific Master Agreement is found at the link above. Also included are any later amendments to the vendor’s Master Contract, including addition of new products and services and, if applicable, amendments to Attachment A and Exhibits 1-3.

The vendors’ ITS60 contracts are created using a Participating Addendum (PA), which amends the vendors’ contracts by adding Massachusetts-specific terms to their NASPO ValuePoint contracts. These PAs are attachments to the vendor-specific contracts on COMMBUYS.

Identifying Vendors who offer specific products and services As there are only a few vendors on the contract at this time, the most comprehensive way to do this is to review the vendor information on the Contracts tab at https://www.naspovaluepoint.org/portfolio/71/. It is not necessary to request quotes from vendors who do not offer the products/services you are seeking. However, you may instead use the solicitation-enabled contract on COMMBUYS to request quotes from all the vendors.

If the Needed Product Can Not be Found If a product or service cannot be provided by any ITS60 or (for SaaS products only) any ITS75 vendors, and is not available through any of the Software Publisher-specific Statewide Contracts (currently ITS64, Oracle, ITS55, IBM, and ITS65, ESRI but check the ITS Contract User Guide page to see if any have been added or dropped) then the product is considered to be unavailable under Statewide Contract. In that case, you may procure it via whatever method is required based on the scope of the purchase. To determine the procurement method, State Agencies may consult Appendix D of the Best Value Procurement Handbook; other entities must consult their own procurement regulations. Your procurement file must document that you requested quotes from all ITS75 (SaaS products only) and ITS60 (SaaS, IaaS, or PaaS) vendors and include their responses, if any, OR may include instead a letter or email from the Cloud Services Provider explicitly stating that the Cloud Services Provider does not allow any of the vendors on ITS75 or ITS60 to resell their products. It is not necessary to obtain OSD's approval to conduct your own procurement or otherwise purchase software that is not available under any Statewide Contract.

Statement of Work A Statement of Work template in posted on COMMBUYS and should be used whenever professional services are included in the acquisition.

Strategic Sourcing Team Members

· Marge MacEvitt, OSD

· Tim Kennedy, OSD

· Elizabeth Rooney, EOTSS Vendor List and Information*

SDP Commitment Percentage Link to Vendor’s Contract on NASPO ValuePoint Contract including products, services, terms, and pricing

4% 15 days 3% 20 days 2% 30 days

1.5% 15 days 1% 20 days 0% 30 days

SDP Commitment Percentage Link to Vendor’s Contract on NASPO ValuePoint Contract including products, services, terms, and pricing

1% 15 days 0.5% 20 days 0% 30 days

*Note that COMMBUYS is the official system of record for vendor contact information.

**The Master Contract Record is the central repository for all common contract files. The Solicitation Enabled record is for requesting quotes from multiple Vendors. Vendor specific files are attached to the individual vendor contracts.

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