ITS75_RFR_v3~1.docx

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Multistate Software and Services

Agency Document Number: ITS75

COMMBUYS Bid#: BD-20-1080-OSD03-SRC01-48438

May 20, 2020

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. Bidders are responsible for reviewing and complying with all Bid requirements. Bidders may contact the OSD Help Desk at COMMBUYS@mass.gov or at 1-888-MA-STATE for technical assistance with COMMBUYS. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern time, as applicable, except on federal and state holidays.

Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case by case basis. A Bidder requesting accommodation must submit a written statement which describes the Bidder’s disability and the requested accommodation to the contact person for the RFR. The SST reserves the right to reject unreasonable requests.

Revision History

- Revisions to sect. 1.3: Procurement Calendar.

- Revised sect. 4.3.3.4: Delivery Locations

- Deleted sect. 9.2.2: Clarification of Language

- Sect. 1.3 Procurement Calendar

- 2.1 Category 4 Bidder requirement

- 4.1.9 Upgrades and/or Patches

- 4.1.15 Implementation/Transition

- 4.1.17.1 Online Software Catalog

- 4.1.17.2 eCommerce Requirements

- 9.1.3.6 Pricing

REQUEST FOR RESPONSE Multistate Software and Services

Document Sensitivity Level: High during development; Low once published. Template v 3.0.0

REQUEST FOR RESPONSE ITS75: MULTISTATE SOFTWARE AND SERVICES

Table of Contents Page iv Document Sensitivity Level: High during development; Low once published.

Introduction and Bid Overview Summary Description of Procurement The Commonwealth of Massachusetts and the Multistate Software and Services Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of Software, Implementation Services, and License Management Services. The resulting Contract will serve as the primary Statewide Contract used by Executive Agencies of the Commonwealth of Massachusetts for the goods and services covered by the Contract. The resulting Contract will replace Statewide Contract ITS58 – Software Reseller. The Contract will also be available for use by other Massachusetts Eligible Entities. Throughout this RFR, unless otherwise stated, Commonwealth refers to the Commonwealth of Massachusetts and the States of Connecticut, Maine, Rhode Island, and Vermont. Bidders are on notice that to participate with a specific participating state, additional terms and conditions would have to be executed as required.

The Commonwealth seeks vendors to provide software, Cloud Services, and related services in the following categories:

· Category 1: Software Resellers and Distributors

· Category 2: Specialized Software Resellers and Distributors

· Category 3: Software Publishers

· Category 4: Software Implementation Services Throughout this RFR, unless otherwise stated, “software” refers to software and Cloud Services.

Please refer to Section 2 ADDITIONAL INFORMATION ON PROCUREMENT SCOPE for more detail.

Order of Precedence The following documents are incorporated into the Agreement and the resulting purchase order or statement of work between any Eligible Entity or participating State and Contractor, as though fully set forth therein. In the event of a conflict in such terms, or between the terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order:

(1) the Commonwealth of Massachusetts Standard Terms and Conditions for Information Technology Contracts and the Massachusetts Standard Contract Form including the Standard Contract Form Instructions and Contractor Certifications, or other required terms and conditions and standard contract documents as identified by each participating State including, but not limited to, those enumerated in Section 3.6: Additional Terms and Conditions;

(2) the Commonwealth’s RFR ITS75 including its attachments and exhibits; and

(3) Vendor’s response thereto, excluding any language stricken by the Commonwealth as unacceptable and including any negotiated terms and conditions allowable pursuant to law or regulation.

Vendor’s supplemental documents are subject to the terms and conditions of this Contract. Any language that violates a State’s or Eligible Entity’s laws or regulations shall be deemed void and of no force and effect.

Estimated Procurement Calendar

Pre-bid Conference

Register for the pre-bid conference

6/3/2020, 1:00 – 2:30 PM ET

Training for Online Submission – Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training

How to Register for Vendor Training Dates and Times Available:

OSD Training for Vendors

YouTube Video:

How to Find Bids (Solicitations) and Submit Quotes (Respond) https://www.youtube.com/watch?v=IG7XDNk4-U0

Online Webinar:

Locate and Respond to Bids in COMMBUYS

Late bids will not be considered.

Times are Eastern Time (US), as displayed on the COMMBUYS system clock after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q & A, on COMMBUYS for Procurement Calendar updates.

Submission of Bid Questions The “Bid Q & A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. To locate the Bid Q & A, log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q & A” button allows Bidders access to the Bid Q & A page.

All questions must be submitted through the Bid Q & A page. Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q & A page.

Questions submitted to the SST outside of COMMBUYS will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SST reserves the right to edit or delete any inappropriate content.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

Bid Amendment Deadline The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q & A records related to this Bid. The SST and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS. At the SST’s discretion, the Bid Amendment Deadline may be extended. Should this occur, the “Deadline for Quotes/Responses” shall be extended as well. As stated above, it is the responsibility of the bidder for checking the Bid record in COMMBUYS for revisions and updates.

Pre-bid Conference The Pre-bid Conference is a web conference conducted by the SST for the purpose of informing prospective Bidders about general Bid information and answering questions from prospective Bidders. Attendance is optional. Please refer to the Pre-bid Conference section of the Header Information for this Bid in COMMBUYS for any updated information, including the location, time and date of the Bidders’ Conference.

Late Bids will not be Considered Bid responses must be received in full by the bid opening date and time shown on COMMBUYS ("Bid Opening Date/Time", i.e., the response deadline). Proposals received after the deadline will be ineligible for consideration and deemed non-responsive. Each offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete any online forms and upload documents. If you are in the middle of uploading your proposal when the deadline is reached, the system will stop the process and you will be unable to submit your Quote. It is recommended that Quotes be submitted at least 24 hours before the deadline to allow time to obtain assistance from the OSD Help Desk if needed.

Debriefing The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of notification that your Quote has not been selected for an award.

Eligible Entities Massachusetts Any Contract(s) resulting from this Bid will be open for use by the following entities:

· Cities, towns, districts, counties and other political subdivisions;

· Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;

· Independent public authorities, commissions and quasi-public agencies;

· Local public libraries, public school districts and charter schools;

· Public hospitals owned by the Commonwealth;

· Public institutions of higher education;

· Public purchasing cooperatives;

· Non-profit organizations that are doing business with the Commonwealth;

· Other states and territories with no prior approval by the State Purchasing Agent; and

· Other entities when designated in writing by the State Purchasing Agent.

Each eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

Maine This Statewide Contract (“State Master Price Agreement Contract”) may be used by all state agencies.

Additionally, other branches of state government, political subdivisions (cities, town, schools, quasi-public agencies), state institutions of higher education and technical schools as authorized by law, may participate in this Agreement. All ordering and billing shall be between the vendor and the requesting entity.

Rhode Island This Contract, a “State Master Price Agreement Contract”, may be used by all State agencies, political subdivisions and other entities including, but not limited to, the Board of Education and its two Councils – Council on Elementary and Secondary Education and Council on Postsecondary Education, the University of Rhode Island, Rhode Island College and the Community College of Rhode Island, as authorized by the State’s statutes to use cooperative agreements subject to the prior approval of the respective authorized procurement official. All State executive branch agencies are authorized to use this Contract.

For cities, towns, regional school districts, quasi-public agencies, the University of Rhode Island, Rhode Island College and the Community College of Rhode Island any ordering and billing shall be between the vendor and the respective, responsible participating entity (only).

The State of Rhode Island’s User Guide, as may be amended from time to time and posted on the State’s website, details any exclusions, restrictions or limitations in the use of this Contract. The State of Rhode Island’s and any State of Rhode Island eligible entity’s participation in this Contract is non-mandatory and non-exclusive, reserving the right to have present or other future vendors provide software or services included in the Contract.

Vermont Any Contract with the State of Vermont resulting from this RFR may be used by (a) all departments, offices, institutions, and other agencies of the State of Vermont and counties (each a “State Purchaser”); and (b) political subdivisions of the State of Vermont and any institution of higher education chartered in Vermont and accredited or holding a certificate of approval from the State Board of Education as authorized under 29 V.S.A. § 902 (each an “Additional Purchaser”). Issues concerning interpretation and eligibility for participation are solely within the authority of the State of Vermont Chief Procurement Officer. The State of Vermont and its officers and employees shall have no responsibility or liability for Additional Purchasers. Each Additional Purchaser is to make its own determination whether its use of this Contract is consistent with its procurement policies and regulations. All ordering and billing shall be between the ITS75 vendor and the purchasing entity.

Additional Bid Information Anticipated Contract Duration:

The initial term of this Contract is five (5) years.

Performance and payment time frames which exceed Contract duration All term leases, rentals, maintenance or other agreements for services entered into during the duration of this Contract and whose performance and payment time frames extend beyond the duration of this Contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No written agreement shall extend more than twenty-four (24) months beyond the final termination date of this Statewide Contract. No new licenses, maintenance or other agreements for services may be executed after the Contract has expired. For the purposes of this section, renewals of maintenance, subscriptions, SaaS subscriptions and agreements, and other service agreements, shall not be considered as “new.”

Any contractor entering into new engagements with eligible entities after contract expiration will be subject to remedial measures, which may include but are not limited to, mandatory point deduction for future bid submissions and suspension of other contracts with OSD.

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is $1,947 million. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

This Estimated Value was derived by reviewing ITS58 Contractor sales reports for fiscal years, (July 1 – June 30), 2018 and 2019 and from member states’ spend reports.

Estimated Number of Awards The target maximum number of Contractors is 47. The SST may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so. Each State may enter into contracts with any or all of the Vendors selected for bid award. Any State which does not initially award contracts to all of the Vendors may add additional Contractors from those who were selected at any time during the life of the Contract.

The target number of awards in each category is as follows:

Category 1: Software Resellers and Distributors: 7 awards Category 2: Specialized Software Resellers and Distributors: 10 awards Category 3: Software Publishers: 20 awards Category 4: Software Implementation Services: 10 awards Adding Contractors after initial Contract Award If, over the life of the Contract, the SST determines that additional Contractors should be added in order to meet the requirements of the Commonwealth, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts and/or the Bid may be reopened to obtain additional Quotes. The SST will take into account the performance of currently awarded bidders in participating in ITS75 opportunities and how effectively they satisfy customer’s needs.

The SST may add services to the Contract that are directly related to the contract scope, that is, acquisition and use of software products and related services. This might include a new software delivery model that is not well accommodated by the current contract terms.

For the above services, the Commonwealth may elect to solicit proposals for these services/licensing models from the current awardees, or from the open market. Any other types of services will be solicited from the open market, with current awardees being eligible to bid.

It is anticipated that the bid will be reopened periodically to add vendors to Categories 2, 3, and/or 4, beginning during the second year of the contract. Reopenings will occur at the discretion of the SST and are subject to change.

Acquisition Methods The acquisition method(s) to acquire goods and/or services from this Solicitation are outright purchase; software subscription, monthly, annual, or other time unit service charges; fee for service (time and materials or fixed price); and license.

Lease purchase and term lease are allowable only for Eligible Entities whose rules and regulations permit those acquisition methods for the goods/services being procured. With a lease purchase, the Eligible Entity owns the licenses or other goods once all lease payments have been made. With a term lease, the Eligible Entity does not retain ownership of the software license or other goods when the term expires. The Eligible Entity will be responsible for obtaining financing in accordance with the procurement laws and regulations governing the Eligible Entity. If using a third-party leasing company, the leasing company will pay the ITS75 vendor.

Rhode Island - For all State eligible entities where payment is made by the Department of Administration, Office of Accounts & Control, payment will only be made to the ITS75 vendor, and not a third-party leasing company.

Vermont – Leasing in any manner is not an allowable acquisition method for Vermont State Purchasers, and the ITS75 vendor is prohibited from leasing to Vermont State Purchasers.

ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

The Commonwealth of Massachusetts and the Multistate Software and Services Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of Commercial of the Shelf (COTS) Software; Software as a Service (“SaaS”), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS), collectively “Cloud Services”; Implementation Services, and License Management Services in the following categories:

Categories Category 1: Software Resellers and Distributors Products include Commercial Off the Shelf Software (COTS); and Software as a Service (“SaaS”), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS), collectively “Cloud Services”. Bidders must have a resale and/or distribution agreement with the software publishers prior to reselling and/or distributing the products under ITS75. Bidders must ensure that the products and services provided comply with the applicable terms of ITS75.

In addition, software packaged with hardware as an appliance may be provided, but only with the written approval of the State Contract Manager for each State on a case-by-case basis.

Services include software related services such as pre-sales assistance, licensing consultation including volume license agreement (VLA) administration, technical design, implementation, integration, installation, configuration, customization, training, documentation, maintenance, support, and cloud migration and monitoring. Vendors awarded to this category may, with the approval of the Purchasing Entity, work with sub-contractors to provide these services.

Category 2: Niche Software Resellers and Distributors This Category contains Software Resellers that specialize in the sale of one specific product, a small market segment of products, or an aligned grouping of products. More than 50% of Software Sales, including Maintenance Contracts, but not including any other services, must be attributed to the company's specialty.

Products include Commercial Off the Shelf Software (COTS); and Software as a Service (“SaaS”), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS), collectively “Cloud Services”. Bidders must have a resale and/or distribution agreement with the software publishers prior to reselling and/or distributing the products under ITS75. Bidders must ensure that the products and services provided comply with the applicable terms of ITS75.

In addition, software packaged with hardware as an appliance may be provided, but only with the written approval of the State Contract Manager for each State on a case-by-case basis.

Services include software related services such as pre-sales assistance, licensing consultation including volume license agreement (VLA) administration, technical design, implementation, integration, installation, configuration, customization, training, documentation, maintenance, support, and cloud migration and monitoring. Vendors awarded to this category may, with the approval of the Purchasing Entity, work with sub-contractors to provide these services.

Category 3: Software Publishers and Cloud Services Providers Software publishers and Cloud Services providers, (“publishers”), willing to execute the Commonwealth’s Standard Contract Form (which incorporates the Commonwealth Terms and Conditions for Information Technology Contracts) without revision and publishers having business with the Commonwealth and who are interested in a direct relationship with the Commonwealth are eligible to bid under this Category.

Products include Commercial Off the Shelf Software (COTS); and Software as a Service (“SaaS”), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS), collectively “Cloud Services”. In addition, software packaged with hardware as an appliance may be provided, but only with the written approval of the State Contract Manager for each State on a case-by-case basis.

Software related services such as technical design, implementation, integration, installation, configuration, customization, training, documentation, licensing consultation including volume license agreement (VLA) administration maintenance, support, and cloud migration and monitoring may be sold through this category.

Category 4: Software Implementation Services It is desirable that Bidders have partnerships with five or more named publishers.See Attachment A: Bidder Response Questionnaire, “Partnership Level & Pricing” for the list of named publishers.

Services include technical design, implementation, integration, installation, configuration, customization, training, documentation, maintenance, support, and cloud migration and monitoring. (Massachusetts, Maine (with written approval of the Chief Information Officer), Rhode Island (with an agreed upon Statement of Work), and Vermont only).

Vendors in this category may not provide software sales.

Additional Requirements Specific States Vermont Only As per section 1.5.6, above, leasing by Vermont State Purchasers is not allowable and categorically excluded. The State of Vermont’s User Guide, as may be amended from time to time and posted on the State’s website, will identify any additional exclusions, restrictions or limitations for purchasing under ITS75.

Rhode Island Only The State of Rhode Island’s User Guide, as may be amended from time to time and posted on the State’s website, details any exclusions, restrictions or limitations in the use of this Contract. The State’s and any State eligible entity’s participation in this Contract is non-mandatory and non-exclusive, reserving the right to have present or other future vendors provide software or services included in the Contract.

Restricted Software Publishers Some States may have, or develop, direct contracts with Software Publishers. If a State identifies a Software Publisher as one whose products/services may not be procured under the Contract, the Software Reseller will honor that prohibition. States may also remove Software Publisher products from their restricted lists. Also, States that implement contracts with multiple Software Resellers may choose to designate a single Software Reseller as the exclusive supplier of products and services from one or more Software Publishers. Bidders must agree that they will not provide products/services within a State if they have been notified by the State that they are not authorized to sell products/services from that Software Publisher.

The Software Publishers whose products may not be sold under ITS75 are, as of the release date of this RFR:

· Massachusetts – Any Software Publisher named for exclusive use under a separate Statewide Contract, provided that upon termination or expiration of such Statewide Contract, the Commonwealth may add such Software Publisher to ITS75 upon mutual written agreement with the Software Publisher.

· Rhode Island – The State of Rhode Island’s User Guide, as may be amended from time to time and posted on the State’s website, details any exclusions, restrictions or limitations in the use of this Contract. The State’s and any State eligible entity’s participation in this Contract is non-mandatory and non-exclusive, reserving the right to have present or other future vendors provide software or services included in the Contract.

· Vermont - The State of Vermont’s User Guide, as may be amended from time to time and posted on the State’s website, details any applicable exclusions, restrictions and limitations.

Bidder Qualifications Bidders must respond to all specifications requiring a response with respect to the Bidder’s company, rather than referencing the experience and qualifications of the Bidder’s partner(s), parent company, or subsidiary company(ies), unless otherwise specified.

Company experience Business background Years in the industry of the Category Bid Category 1, 2, or 3 Bidders must have been in the business of providing software to large organizations for at least the two most recent consecutive years prior to the RFR submission deadline (See RFR Section 1.3, Estimated Procurement Calendar).

The “Bidder” is the company whose Tax Identification Number (TIN) will appear on the Commonwealth documents submitted in response to this RFR. All responses must pertain to this entity, NOT to a parent entity, a subsidiary company with a different TIN, or an operating division within the entity, except as described below. For example:

· Company A has been in business as a software reseller for less than two years. Its parent company, company B, has been in business for more than three years but not as a software reseller. Neither company is eligible to respond to this RFR.

· Company C has been in business as a software reseller for more than two years. Its parent company, company D, has been in business for several years but not as a software reseller. Company C is eligible to respond to this RFR, but company D is not.

There are two qualifications to the above. First, changes to the TIN which did not involve another organization – for example, a change in tax identification number as a result of changing from a corporation to an LLC - are not considered TIN changes for the purposes of this section. Second, in the case of entities that have new TINs or who have undergone mergers or acquisitions within the past 5 years, the SST wishes to consider the relevant experience and qualifications of the companies which combined to create the new entity. In the response to this section, Bidders must provide a sufficient description of each such merger or acquisition to enable the SST to easily determine the years of experience of the combined entity.

Software Publisher Relationships (Category 1) Category 1 Bidders must be large account resellers, distributors, or comparable term authorized to sell products directly from multiple key software publishers or authorized distributors. “Tier 1” and “Tier 2” are the highest and second highest Software Publishers in terms of predicted Reseller sales volumes, respectively. The Software Publishers in these tiers are collectively known as the “Named Software Publishers.” Enterprise and Volume Licensing Agreements (collectively, “VLAs”) are most likely to be with the Named Software Publishers, but Bidders must also be able to provide software that is not available through VLAs.

Except as otherwise specified below, responses to this section and its subsections must be entered in the Partnership Level & Pricing tab of Attachment A: Bidder Response Questionnaire, which lists the Named Software Publishers by Tier.

OptumInsight

Oracle America In

Pega Systemsc

Persivia

SolarWinds

Total Resource Management, Inc

Requirements for both Tier 1 and Tier 2 Bidders are asked to specify whether they sell the Named Software Publisher’s products and services, and to rate their partnership with each Named Software Publisher on a scale of 1-5, with 1 meaning no partnership exists and 5 meaning that the Bidder’s organization has achieved the highest possible partnership level with that Publisher. The preferred pricing that a software reseller receives based on their reseller certification status, in conjunction with the anticipated considerable volume of purchases through these Contracts, is the expected foundation for a very competitive base Software Reseller Cost.

Bidders are asked to quote markups/markdowns for the Named Software Publishers.

For both Tiers, but weighted more highly for Tier 1:

· It is desirable that Bidders offer products/services from the largest possible number of Named Software Publishers, with the most advantageous partnership levels.

· It is desirable that the relationship with the Named Software Publisher be direct rather than through a third party.

Requirements for Tier 1 Only The Software Reseller must be able to provide licensing consultation including VLA administration, installation, deinstallation, maintenance packages, and training for the Named Software Publishers in this Tier.

Using the Certifications tab of the Bidder Response Questionnaire, enter the number of current Bidder employees holding individual certifications / competencies issued by the Named Software Publisher, including the title of the certification / competency and a brief description. Bidders should not include copies of the certifications with their bids but may be asked to submit copies at a later stage in the RFR process. For any Named Software Publishers with separate licensing, pricing, or programs for education/academic customers, identify the number of Bidder employees certified or otherwise qualified to handle academic/education licensing and programs.

A description of how the Named Software Publisher provides pre-sales support, license management support, and any other support to the Bidder and/or the Bidder’s clients to ensure ease of transaction to the Eligible Entity must be provided. This would include such items as, but not limited to, electronic receipt of goods and problem resolution. If there are Named Software Publisher employees located on the Bidder’s premises, and exclusively dedicated to advising the Bidder’s employees and clients, include the number of such Named Software Publisher employees in the response to this section.

If the Bidder is not a direct Reseller for the Named Software Publisher, describe how the software is obtained and supported.

If the Bidder is unable to provide software/services from the Named Software Publisher, explain.

Employee and/or business technical/business experience, certifications, licenses (Categories 1, 2, and 4) Bidders must provide the number of current Bidder employees holding individual certifications / competencies issued by each of the Bidder’s top five (5) Software Publishers by sales volume, including the title of the certification / competency and a brief description. Bidders should not include copies of the certifications with their bids but may be asked to submit copies at a later stage in the RFR process. For any Software Publishers with separate licensing, pricing, or programs for education/academic customers, identify the number of Bidder employees certified or otherwise qualified to handle academic/education licensing and programs.

Emergency Preparedness (Maine, Massachusetts, Rhode Island, and Vermont only) In a declared state of emergency where the safety and wellbeing of citizens are at risk, contractors may be asked to supply the purchasing entity with the commodities and/or services under the Statewide Contract on a priority basis. The Bidder’s Response should indicate whether there is a written Continuity of Operations Plan (COOP) that describes how the company will continue to do business in case of an emergency. In addition, the Bidder should supply a list of emergency contact information including name, position/title, phone, email and cell phone.

This information will not be considered in the evaluation of the Response.

Financial stability including bankruptcy, litigation and contract defaults Bankruptcy, litigation, and contract defaults The Commonwealth may not award contracts to Bidders that have entered into bankruptcy during the three year period prior to the RFR submission deadline (See RFR Section 1.3, Estimated Procurement Calendar).

Bidder affirms that they have no outstanding contingencies, such as lawsuits or other claims or charges that will adversely impact their ability to perform to the requirements of this RFR. The SST reserves the right to request additional information regarding any bankruptcy, or other outstanding contingencies.

Minimum Revenue Category 1 Bidders must have a minimum of $200 million in gross revenue in the Bidder’s most recently completed fiscal year to ensure that they have the resources to support the wide variety of products and support required by contract users, (see Eligible Entities). The revenue requirement applies to the entity submitting the bid. It cannot be met by including revenue from a parent or related company.

DUNS Number All Bidders must provide their D-U-N-S number. To look-up or request a D-U-N-S number, browse to https://www.dnb.com/duns-number.html References and reference information and/or requirements Using Attachment A: Bidder Response Questionnaire, Bidders must provide a list of three customer references with current contact information, a description of the relationship, and a summary of the work your organization performed for that customer.

Additional Terms and Conditions Bidders responding to this RFR understand and agree that additional terms and conditions apply. In addition to the terms and conditions specifically enumerated below, other purchasing entities may provide other required terms and conditions as part of the ITS75 contract resulting from this RFR.

Massachusetts Bidders responding to this RFR understand and agree that additional terms and conditions also apply to services purchased by Commonwealth of Massachusetts Eligible Entities. These terms are attached as Exhibits 1-3: Cloud Services Terms to this ITS75 RFR and are identified below:

Software as a Service (SaaS) Exhibit 1 - SaaS Additional Terms Platform as a Service (PaaS) Exhibit 2 – PaaS Additional Terms Infrastructure as a Service (IaaS) Exhibit 3 – IaaS Additional Terms

Rhode Island

· Attachment RI1 - General Conditions of Purchase

· Attachment RI2 - MBE and EEO Requirements

· Attachment RI3 – Exhibit 1 SaaS Additional Terms, Exhibit 2 PaaS Additional Terms and Exhibit 3 IAAS Additional Terms

· Attachment RI4 - Expedited Payment Discount Policy, Policy A-74, as may be amended from time to time.

· Attachment RI5 – Out of State Travel, Policy A-22

· Attachment RI6 – In State Travel, Policy A-46

· Attachment RI7 – RIVIP, as may be amended from time to time and also found at www.purchasing.ri.gov/RIVIP/VendorRegistration.aspx.

· Attachment RI8 – Addendum A to Attachment RI1 General Conditions of Purchase – General Insurance Requirements Vermont Each and any Bidder executing an agreement with the State of Vermont resulting from this RFR understands and agrees to be bound by the following additional terms and conditions with respect to the State of Vermont and with respect to each and any purchasing entity to whom the Bidder sells products or services under its agreement with the State of Vermont:

· Attachment VT1: Standard State Provisions for Contracts and Grants (revision date 12/15/2017)

· Attachment VT2: Other Provisions for the State of Vermont

· Attachment VT3: Form Contract with State of Vermont

· Attachment VT4: Certificate of Compliance

· Attachment VT5: Subcontractor Reporting

Such Bidder further understands and agrees that the products and services sold to Vermont purchasing entities shall be subject to the additional terms and conditions set forth in the Exhibits 1-3 Cloud Services Terms to this ITS75 RFR as are identified above in section 3.6.1 (“Exhibits”). Bidder shall be responsible to Vermont purchasing entities for successful performance and compliance with all requirements in accordance with the terms and conditions of the Exhibits and the applicable provisions of the Vermont attachments VT1 and VT2, listed above. Bidder acknowledges and agrees that each and all of the promises it makes as “Contractor” in the Exhibits shall apply to all products and services it sells to Vermont purchasing entities, regardless of who is providing or licensing the product or performing the work.

Maine A Bidder executing a Participating Agreement with the State of Maine resulting from this RFR understands and agrees to be bound by the following additional terms and conditions with respect to the State of Maine:

· Attachment ME1: BP54-IT Agreement to Purchases Services – Information Technology Contracts (updated 4/10/2019)

Such Bidder further understands and agrees that the products and services sold to the State of Maine shall be subject to the additional terms and conditions set forth in the Exhibits 1-3 Cloud Services Terms to this ITS75 RFR as are identified above in section 3.6.1 (“Exhibits”). Bidder shall be responsible to Maine purchasing entities for successful performance and compliance with all requirements in accordance with the terms and conditions of the Exhibits and the applicable provisions of the Maine attachment ME1, listed above. Bidder acknowledges and agrees that each and all of the promises it makes as “Contractor” in the Exhibits shall apply to all products and services it sells to Maine purchasing entities, regardless of who is providing or licensing the product or performing the work.

SERVICE AND COST SPECIFICATIONS

Service Specifications Account Team All Bidders must describe the composition of the Account Team that will provide services under this Contract. For each State, indicate the different roles, job titles and the number of FTEs who will be dedicated to each role/job title under the Contract. Also indicate if one or more individuals serving in each role will be based in the State they are serving.

The Bidder must describe their minimum qualifications for an Account Team member, and their process for training/orienting a new member of the Account Team relative to the Contract requirements and their responsibilities under the Contract, before that Account Team member begins to provide services to Eligible Entities.

The Bidder must identify a specific individual as the Principal Account Representative (PAR), who will serve as the sole point of contact for the State Contract Manager. The Response must include the PAR’s years of experience with the Bidder, years of experience in their current role, the city/state/country where they will be located when providing services under the Contract, any certifications/competencies from Software Publishers, and a summary of their Resume. It is the Vendor’s responsibility to ensure continuity of the PAR’s role. If the PAR leaves, email and phone calls must be forwarded to someone knowledgeable about the Contract until a replacement is appointed.

If the PAR is to be replaced, the Vendor shall propose the replacement’s credentials to the State Contract Manager, and the State Contract Manager will have the opportunity to interview the individual and accept/reject that individual for the role of PAR. If the State requests replacement of the PAR, the Vendor shall do so in as timely a way as possible, again providing the proposed replacement’s credentials to the State Contract Manager and providing an opportunity for the State Contract Manager to interview the individual and accept/reject that individual for the role of PAR.

The Vendor shall agree to honor a State’s request that a member of the Account Team be replaced.

The PAR (or another member of the Account Team, if the PAR is not available) will respond to email requests from the State Contract Manager for action or information within one business day.

The Vendor shall ensure that regardless of any turnover on the Account Team, all members of the Account Team are familiar with the applicable terms of the Contract, including the Service Level Agreement (see RFR Section 4.1.11) requirements and any other requirements affecting their dealings with Eligible Entities. New Account Team members must become knowledgeable about these requirements prior to beginning work on the Contract.

Incident Escalation The Bidder must provide an incident escalation path for each State, showing the name, contact information, and role of individuals to whom problems should be escalated if they are not resolved by primary assigned contacts or by escalation to the next level.

Volume License Agreements (VLAs) Authorized Administrator The Software Reseller shall, at the request of any State Contract Manager, assume administration responsibilities for any VLA for that State. For example, Microsoft contacts the “Authorized Administrator” for the Microsoft VLA whenever anyone requests access to the Microsoft Volume Licensing Services (MVLS) website. The Software Reseller shall take any steps necessary to authorize such access.

Enrollments The Software Reseller shall manage any enrollment process required for Eligible Entities to make use of VLAs, including renewals if applicable.

Usage The Software Reseller shall track VLA usage, either at the State level or by Eligible Entity, as may be required by the terms of the VLA. The Software Reseller shall assure that the pricing for each Eligible Entity conforms to VLA terms, and must notify the State or the Eligible Entity, as applicable, of any projected price changes based on utilization.