NDOW Licensing System - RFP - Attachment 4.1.4 Software_State Resources_State Requirements_Misc.docx
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- Attached to
- Licensing System
- Solicitation number
- 72DOW-S3941
- Issued by
- Churchill County, Nevada
About this file
This is an attachment to a Request for Proposals (RFP) issued by the Nevada Department of Wildlife (NDOW) for the development and implementation of a licensing system. The document outlines comprehensive software, state resources, state requirements, financial, and miscellaneous provisions governing the project. The RFP requires vendors to develop a complete Nevada Department of Wildlife Business Support Licensing System with all associated deliverables, including source code, documentation, training materials, and operational procedures. The contract shall remain effective from Board of Examiners approval through system installation, full operational acceptance by the State, and completion of the maintenance and warranty period, with delivery and acceptance of all project documentation. The document specifies that NDOW employees will use standard PCs and laptops running current or immediately previous versions of Windows, along with web browsers, Microsoft 365, MySQL, and other approved proprietary software. All software used for project management, development, testing, and implementation requires State approval, and vendors must provide licensing strategies for non-public domain applications.
The State commits significant resources to the project, including a Steering Committee for policy and decision-making, an appointed Project Manager for daily coordination and oversight, designated State project staff to work with the vendor, and a Quality Assurance monitor for technical assistance and deliverable validation. Payment shall be made electronically within 45-60 days of invoice receipt following State review and acceptance of deliverables, with no advance payments permitted and a 10 percent holdback on invoiced amounts until project completion sign-off. All billings for services prior to July 1 must be submitted no later than the first Friday in August, with stale claims submissions subject to administrative fees not exceeding $100. The State shall provide temporary office space for six vendor personnel and guarantees reasonable job site access. Critical provisions include comprehensive security standards compliant with NRS 205.4742 and NRS 603A, requiring encryption of sensitive data, documented security specifications, and separate development, test, and production environments. The vendor must establish either source code ownership or an escrow account, with the State retaining unlimited rights to use, modify, and maintain all software, documentation, and deliverables in perpetuity. The vendor is responsible for identity protection costs in the event of a data breach and must comply with all Federal and State confidentiality requirements.
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NDOW Licensing System RFP – Software, State Resources, State Requirements, Mics. – Attachment 4.1.4
4. ATTACHMENTS
4.1.4 SOFTWARE, STATE RESOURCES, STATE REQUIREMENTS, FINANCIAL, MISC.
4.1.4.1 PROJECT SOFTWARE
A. Approval: All software used for project management shall be approved by the State.
B. State Employee Technology Use: NDOW employees use standard PCs and laptops to conduct business and interact with the system. The desktop operating system will be the current version of Windows or the immediately previous version. Software use includes web browsers, mobile technologies, Adobe Acrobat, Microsoft 365, MySQL, and other proprietary software suggested by the awarded Vendor and approved by NDOW as part of a comprehensive plan.
4.1.4.2 DEVELOPMENT SOFTWARE
A. Software Approval: All proposed software used in the design, development, testing and implementation of the deliverables outlined in this RFP shall be approved by the State.
B. Strategy: If the application software is not public domain, Vendors shall provide a licensing strategy.
C. Licenses: The State shall procure licenses for all base components and third-party equipment (operating system, database, etc.) based upon specifications provided by the awarded Vendor.
4.1.4.3 STATE RESOURCES
The following paragraphs describe the resources the State has committed to this project.
A. Steering Committee: This team of senior officials shall work with, and on behalf of the project in defining overall policy, providing top level decision making, ensuring availability of key resources and affecting key interdepartmental and contractual relationships. The Steering Committee provides leadership in promoting support for the project. Additional roles of the Steering Committee may include:
1) Review of proposed plans and timetables
2) Provide problem resolution if issues cannot be resolved at the project team level
3) Provide departmental policy as it relates to the project
4) Set priorities
5) Propose alternative solutions to problems encountered
6) Obtain Legislative and Administrative backing
7) Provide information and involve external parties in project progress, accomplishment and challenges
B. Project Sponsor: The Nevada Department of Wildlife is the project sponsor. All project activities shall be conducted under the authority of the NDOW.
C. Project Manager: A Project Manager has been appointed to coordinate the activities of all individuals and organizations involved in the project. The Project Manager shall provide on-going daily directions and oversight to the State project staff and the Vendor and report progress and problems to the Steering Committee. The Project Manager shall coordinate all organizations involved in the project and ensure resource requirements are identified and addressed. The Project Manager sets priorities when choices of alternatives are required.
D. State Project Staff: The awarded Vendor shall be expected to work closely with the State project staff assigned to this project.
D.1 Project Staff Assistance: State project staff shall be available to attend meetings, interviews and assist assigned staff in reviewing functions with the awarded Vendor.
D.2 Project Staff Representation: State project staff shall be assigned to the project on an as-needed basis, as determined by project and technical management to represent the various functional and technical areas.
D.3 Project Staff Reporting: State project staff shall report to the Project Manager who shall act as a conduit to the awarded Vendor.
E. Quality Assurance Monitor: A Quality Assurance (QA) monitor may be utilized and shall act as technical assistance to the State. The QA monitor shall report to the State Project Manager. Major functions shall include but not be limited to the following:
1) Review of project tasks
2) Validation of results
3) Provide recommendations, as required
4) Review of deliverables
5) Project plan monitoring
4.1.4.4 SECURITY STANDARDS
The licensing system shall meet State security standards for transmission of personal information as outlined in NRS 205.4742 and NRS 603A.
A. Protection of Personal Information: Protection of sensitive information shall include the protection of sensitive information shall include the following:
A.1 Legacy Data: Sensitive information in existing legacy applications shall encrypt data as is practical.
A.2 Confidential Data: Confidential personal data shall be encrypted.
A.3 Transmission Regulations: Any electronic transmission of personal information shall comply with NRS 603A.215 (2 & 3).
A.4 Encryption: Sensitive data shall be encrypted in all newly developed applications.
A.5 Identity Protection: The Vendor will be responsible for identity protection of affected customers in the event of a data breach through the Vendor’s security protections. Vendors will propose the amount and duration of the identity protection to affected customers in their response to the Cost Schedule, Attachment 4.3.3.
B. Documented Security: All information technology services and systems developed or acquired by agencies shall have documented security specifications that include an analysis of security risks and recommended controls (including access control systems and contingency plans).
C. Security Requirements: Security requirements shall be developed at the same time system planners define the requirements of the system. Requirements shall permit updating security requirements as new threats/vulnerabilities are identified and/or new technologies implemented.
D. Security Test Procedures: Security requirements and evaluation/test procedures shall be included in all solicitation documents and/or acquisition specifications.
E. No Back Door Manipulation: Systems developed by either internal State or contracted system developers shall not include back doors, or other code that would cause or allow unauthorized access or manipulation of code or data.
F. Security Specifications: Security specifications shall be developed by the system developer for approval by the agency owning the system at appropriate points of the system development or acquisition cycle.
G. Change Control: All system development projects shall include a documented change control and approval process and shall address the security implications of all changes recommended and approved to a particular service or system. The agency responsible shall authorize all changes.
H. Obsolete System Disposal: Application systems and information that become obsolete and no longer used shall be disposed of by appropriate procedures. The application and associated information shall be preserved, discarded, or destroyed in accordance with Electronic Record and Record Management requirements defined in NRS and NAC 239, Records Management.
I. Software Development Standards: Software development projects shall comply with State Information Security Consolidated Policy 100, Section 4.7, Software Development and Maintenance and State Standard 131, “Security for System Development”.
I.1 State System Development: Separate development, test and production environments shall be established on Sate systems.
I.2 Control of Software Transfer: Processes shall be documented and implemented to control the transfer of software from a development environment to a production environment. New hardware/software is not introduced into a production environment until it is fully tested and accepted by the State.
I.3 Isolated Systems: Development of software and tools shall be maintained on computer systems isolated from a production environment.
I.4 Limited Access: Access to compilers, editors and other system utilities shall be removed from production systems.
I.5 Short-Term Access: Controls shall be established to issue short-term access to development staff to correct problems with production systems allowing only necessary access.
I.6 Identified Security Controls: Security requirements and controls shall be identified, incorporated in and verified throughout the planning, development and testing phases of all software development projects. Security staff shall be included in all phases of the System Development Lifecycle (SDLC) from the requirement definitions phase through implementation phase.
J. Cloud Security Standards: Vendors using Cloud Service Providers (CSPs) must demonstrate and provide proof that they maintain controls and processes equivalent to FedRAMP requirements or the applicable up to date Center for Internet Security (CIS) controls for their Infrastructure as a Service (IaaS), Platform as a Service (PaaS), Function as a Service (FaaS), Software as a Service (SaaS), or any other cloud base model used.
J.1 State and Federal Security: Any control implemented by the Vendor must align with all relevant State of Nevada and Federal security requirements associated with the classification of information being collected, processed, transmitted, stored, destroyed, or interconnected.
J.2 Responsibility of the Vendor: It is the responsibility of the Vendor for ensuring that the security practices and standards used meet the appropriate CIS controls for their specific model and comply with applicable regulatory requirements to safeguard the data throughout its lifecycle.
4.1.4.5 FINANCIAL
A. PAYMENT: Upon review and acceptance by the State, payments for invoices are normally made within 45 – 60 days of receipt, providing all required information, documents and/or attachments have been received.
A.1 Electronic Payments: Pursuant to NRS 227.185 and NRS 333.450, the State shall pay claims for supplies, materials, equipment and services purchased under the provisions of this RFP electronically, unless determined by the State Controller that the electronic payment would cause the payee to suffer undue hardship or extreme inconvenience.
B. BILLING: There shall be no advance payment for services furnished by a Vendor pursuant to the executed contract. Payment for services shall only be made after completed deliverables are received, reviewed and accepted in writing by the State.
B.1 Billing Schedule: The Vendor shall bill the State as outlined in the approved contract and/or deliverable payment schedule.
C. TIMELINESS OF BILLING: The State is on a fiscal year calendar. All billings for dates of service prior to July 1 shall be submitted to the State no later than the first Friday in August of the same year. A billing submitted after the first Friday in August that forces the State to process the billing as a stale claim pursuant to NRS 353.097, shall subject the Vendor to an administrative fee not to exceed $100. This is the estimate of the additional costs of the State for processing a billing as a stale claim and this amount shall be deducted from the stale claims payment to due the Vendor.
D. HOLD BACKS: The State shall pay all invoiced amounts, less a 10% hold back, following receipt of the invoice and a fully completed project deliverable sign-off form. The distribution of the hold backs shall be negotiated with the Vendor. Actual payment of holdbacks shall be made with the approval of the State.
4.1.4.7 PROJECT TERMS AND CONDITIONS
A. Award of Related Contracts: The State may undertake or award supplemental contracts for work related to this project or any portion thereof. The Vendor shall be bound to cooperate fully with such other contractors and the State in all cases. All subcontractors shall be required to abide by this provision as a condition of the contract between the subcontractor and the prime Vendor.
B. Products and/or Alternatives: The Vendor shall not propose an alternative that would require the State to acquire hardware or change software or change processes in order to function properly on the Vendor’s system unless Vendor included a clear description of such proposed alternatives and clearly mark any descriptive material to show the proposed alternative.
B.1 Acceptable Alternative: An acceptable alternative is one the State considers satisfactory in meeting the requirements of this RFP. The State, at its sole discretion, shall determine if the proposed alternative meets the intent of the original RFP requirement.
B.2 Partial Proposals: The State will not accept any Vendor proposal to this RFP that is a partial solution to or if the proposal does not provide a solution to all business and solution-based requirements named within the RFP.
C. State Owned Property: The awarded Vendor shall be responsible for the proper custody and care of any State-owned property furnished by the State for use in connection with the performance of the contract and shall reimburse the State for any loss or damage.
D. Vendor Space: All communication line cost, Vendor computers, workstations, workstation hardware and software and Vendor facilities shall be the responsibility of the Vendor.
D.1 Communication Standards: The Vendor shall comply with the State standards for hardware, software and communication lines.
D.2 Installation Communication: The Vendor shall coordinate installation of communication lines as applicable.
D.3 Vendor Supplies: The Vendor shall, at its own expense and through its own channels, provide its own basic office supplies, clerical support, computer software, furniture, photocopying, phone service and any other necessary equipment and/or resources for its operations.
D.4 State Office Space: The State shall provide space for six (6) Vendor personnel on a temporary basis.
D.5 Job Site Access: The State guarantees the Vendor access to the job site premises, when appropriate, during reasonable hours and without undue hindrance and/or interference in performing work required under the contract.
E. Inspection/Acceptance of Work: It is expressly understood and agreed all work done by the Vendor shall be subject to inspection and acceptance by the State.
E.1 Progress Inspections: Any progress inspections and approval by the State of any item of work shall not forfeit the right of the State to require the correction of any faulty workmanship or material at any time during the course of the work and warranty period thereafter, although previously approved by oversight.
E.2 Required Work: Nothing contained herein shall relieve the awarded Vendor of responsibility for proper installation and maintenance of the work, materials and equipment required under the terms of the contract until all work has been completed and accepted by the State.
F. Completion of Work: Prior to completion of all work, the Vendor shall remove from the premises all equipment and materials belonging to the Vendor. Upon completion of the work, the Vendor shall leave the site in a clean and neat condition satisfactory to the State.
G. Periodic Project Reviews: On a periodic basis, the State reserves the right to review the approved project plan and associated deliverables to assess the direction of the project and determine if changes are required.
G.1 Contract Amendment: Changes to the approved project plan and/or associated deliverables may result in a contract amendment.
G.2 Mutually Agreed Upon Changes: In the event changes do not include cost, scope or significant schedule modifications, mutually agreed to changes may be documented in memo form and signed by all parties to the contract.
H. Change Management: Should requirements be identified during system validation, development and/or implementation that change the required work to complete the project and upon receipt of a change order request by the Vendor or the State, a written, detailed proposal shall be submitted as outlined in section 4.1.4.7 H.1.
H.1 Project Change Order Request: Within 15 working days of receipt of a requested change order during the project implementation, the Vendor shall submit an amended project plan to include:
1) The scope of work
2) Impacts to the schedule for remaining work for implementing the identified change
3) Impacts of not approving the change
4) Estimated cost of change
5) Alternative analysis of all identified solutions to include, but not limited to:
a) A system impact report
b) Resource requirements for both the State and the Vendor
c) A work plan
d) Estimated hours to complete the work
e) The estimated cost of each solution
f) A plan for testing the change
H.2 Project Plan Amendment: The amended project plan shall be prepared at no cost to the State and shall detail all impacts to the project. The Vendor shall present the project plan to the Steering Committee prior to final acceptance and approval.
H.3 Proposal Acceptance or Withdrawal: The Steering Committee shall either accept the proposal or withdraw the request within 15 working days after receiving the proposal.
I. Issue Resolution: During the term of the contract, issue resolution shall be a critical component. The following process shall be adhered to for all issues.
I.1 Presentation of Issues: Issues shall be presented in writing to the designated Project Manager for each party.
I.2 Issue Documentation: All issues will be documented in writing and shared with the appropriate parties.
I.3 Issue Log: A project issues log shall be kept by the State.
I.4 Issue Acknowledgement: Issues raised by either party shall be accepted, rejected and/or responded to in writing within three (3) working days of presentation or by a mutually agreed upon due date.
I.5 Failure to Acknowledge: Failure to accept, reject and/or respond within the specified time frame shall result in deeming the issue presented as accepted and the party presenting the issue may proceed to act as if the issue were accepted.
J. Escalation Process: If no resolution is obtainable by the respective Project Managers, the issue shall be escalated to the:
1) Director of Wildlife or designee
2) Designated representative for the Vendor
J.1 Escalation Meeting: A meeting between the parties shall take place within three (3) working days or a mutually agreed upon time frame.
J.2 Resolution: Final resolution of issues shall be provided in writing within two (2) working days of the meeting or a mutually agreed upon time frame.
J.3 Good Faith: All parties agree to exercise good faith in dispute/issue resolution.
J.4 Further Escalation: If no resolution is obtainable after the above review, the issue shall be escalated to the Steering Committee for the State and the designated representative for the Vendor.
J.5 Further Escalation Meeting: A meeting between the parties shall take place within three (3) working days of the meeting or a mutually agreed upon time frame.
J.6 Final Resolution: Final resolution of issues shall be provided in writing within two (2) working days of the meeting or a mutually agreed upon time frame.
K. Proceed with Duties: The State and the Vendor agree that during the time the parties are attempting to resolve any dispute in accordance with the provisions of the contract, all parties to the contract shall diligently perform their duties thereunder.
L. Schedule, Cost and/or Scope Changes: If any issue resolution results in schedule, cost and/or scope changes, a State BOE contract amendment shall be required.
M. Travel Requirements: Design, development and testing activities shall occur in a mutually agreed upon location or completed through digital communication.
N. Ownership and Access to Source Code: The Vendor agrees to implement either Source Code Ownership or Source Code Escrow Account. The Department is open to negotiation on the specific contract language for either option.
O. Source Code Ownership: The Vendor agrees that in addition to all other rights set forth in this RFP the State shall have a nonexclusive, royalty-free and irrevocable license to reproduce or otherwise use and authorize others to use all software, procedures, files and other documentation comprising the Nevada Department of Wildlife Business Support Licensing System at any time during the period of the contract and thereafter.
O.1 Source Code Deliver Timeframe: The Vendor agrees to deliver such material to the State within twenty (20) business days from receipt of the request by the State. Such request may be made by the State at any time prior to the expiration of the contract.
O.2 Source Code Date: The license shall include, but not be limited to:
1) All Nevada Department of Wildlife Business Support Licensing System and supporting programs in the most current version
2) All scripts, programs, transaction management or database synchronization software and other system instructions for operating the system in the most current version
3) All data files in the most current version
4) User and operational manuals and other documentation
5) System and program documentation describing the most current version of the system, including the most current versions of source and object code
6) Training programs for the State and other designated State staff, their agents, or designated representatives, in the operating and maintenance of the system
7) Any and all performance-enhancing operational plans and products, exclusive of equipment
8) All specialized or specially modified operating system software and specially developed programs, including utilities, software and documentation used in the operation of the system.
O.3 Executable Programs: All computer source and executable programs, including development utilities, and all documentation of the installed system enhancements and improvements shall become the exclusive property of the State and may not be copied or removed by the Vendor or any employee of the Vendor without the express written permission of the State.
O.4 Perpetuity: Proprietary software proposed for use as an enhancement or within a functional area of the system may require the Vendor to give, or otherwise cause to be given, to the State an irrevocable right to use the software as part of the system into perpetuity.
O.5 Exemptions: Exemptions may be granted if the proprietary product is proposed with this right in place and is defined with sufficient specificity in the proposal that the State can determine whether to fully accept it as the desired solution.
O.6 Proprietary Software: The Vendor shall be required to provide sufficient information regarding the objectives and specifications of any proprietary software to allow it functions to be duplicated by other commercial or public domain products.
O.7 Pre-Approved Products: The software products (i.e., search engine) shall be pre-approved by the State. The State reserves the right to select such products.
O.8 Software Upgrades: Ongoing upgrades of the application software shall be provided through the end of the contract.
O.9 Specialized Software: Any other specialized software not covered under a public domain license to be integrated into the system shall be identified as to its commercial source and the cost shall be identified in the Vendor’s project cost.
O.10 State Purchase: The State may, at is option, purchase commercially available software components itself.
O.11 Title Transfer: Title to all portions of the system shall be transferred to the State including portions (e.g., documentation) as they are created, changed and/or modified.
O.12 Convey Products: The Vendor shall convey to the State, upon request and without limitation, copies of all interim work products, system documentation, operating instructions, procedures, data processing source code and executable programs that are part of the system, whether they are developed by the employees of the Vendor or any subcontractor as part of this contract or transferred from another public domain system or contract.
O.13 Source Code Ownership Provision: The provision of section 4.1.4.7 O shall be incorporated into a subcontract that relates to the development, operation or maintenance of any component part of the system.
P. Escrow Account: The State may require the Vendor to establish an escrow account. The escrow agent chosen for this transaction shall be acceptable to the State.
P.1 Escrow Account Contents: If required, the escrow account shall contain the following items:
1) Two copies of the source code (preferably commented code) including all listing of the lines of programming and any custom developed code for the system for each version of the software on virus-free magnetic media, compiled and ready to be read by a computer
2) A complete copy of the executable code including table structures, data structures, system tables and data
3) A golden master of the software.
4) Build scripts
5) Any configuration files separate from the build scripts
6) Object libraries
7) Application Program Interfaces (APIs)
8) Compilation instructions in written format or recorded on video format
9) Complete documentation on all aspects of the system including design documentation, technical documentation and user documentation
10) Names and addresses of key technical employees that a licensee may hire as a subcontractor in the event the Vendor ceases to exist
P.2 Traceable Deposit Materials: The escrow deposit materials shall be shipped to the escrow agent via a traceable courier or electronically. Upon receipt of the materials, the escrow agent shall verify that the contents of the deposit are in good working order and certify the same to the State.
P.3 Media Storage: The escrow agency shall store the materials in a media vault with climate control and a gas-based fire extinguishing system.
P.4 Updated Version Deposit: Each time the Vendor makes a new release or updated version of the software available to customers, that version as described in section 4.1.4.7 P.1 shall be deposited with the escrow agent and proof of the deposit shall be forwarded to the State.
P.5 State Access Due To Disrupted Product Support: In the event that Vendor becomes insolvent, subject to receivership, or becomes voluntarily or involuntarily subject to the jurisdiction of the bankruptcy court, or if the Vendor fails to provide maintenance and/or support for the product as outlined in the contract, or the Vendor discontinues the product, the State shall be entitled to access the software source code and related items for use in maintaining the system either by its own staff or by a third party.
P.6 Escrow Costs: Any costs associated with an escrow account shall be included in the Vendor’s proposed project cost.
Q. Ownership of Information and Data: The State shall have unlimited rights to use, disclose or duplicate, for any purpose whatsoever, all information and data developed, derived, documented, installed, improved or furnished by the Vendor under this contract.
Q.1 State Information Files: All files containing any State information are the sole and exclusive property of the State. The Vendor agrees not to use information obtained for any purposes not directly related to this contract without prior written permission from the State.
Q.2 Confidentiality Requirements: Vendor agrees to abide by all federal and State confidentiality requirements including, without limitation, providing at the Vendor’s expense all notices or other corrective or mitigating measures required by law in the event of a breach of the security of the data for which the Vendor is responsible.
R. Guaranteed Access to Software: The State shall have full and complete access to all source code, documentation, utilities, software tools and other similar items used to develop and/or install the proposed Nevada Department of Wildlife Business Support Licensing System or may be useful in maintaining or enhancement the equipment and system after it is operating in a production environment.
R.1 Uninterrupted Future Access: For any of the above-mentioned items not turned over to the State upon completion of the installation, the Vendor shall provide a guarantee to the State of uninterrupted future access to, and license to use, those items. The guarantee shall be binding on all agents, successors and assignees of the Vendor and subcontractor.
R.2 Legal Counsel: The State reserves the right to consult legal counsel as to the sufficiency of the licensing agreement and guarantee of access offered by the Vendor.
S. Patent or Copyright Infringement: To the extent of any limited liability expressed in the contract, the Vendor agrees to indemnify, defend and hold harmless, not excluding the State’s right to participate, the State from any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorney’s fees and expenses, arising out of any claims of infringement by the Vendor of any United State Patent or trade secret, or any copyright, trademark, service mark, trade name or similar proprietary rights conferred by common law or by any law of the United States or any state said to have occurred because of systems provided or work performed by the Vendor, and, the Vendor shall do what is necessary to render the subject matter non-infringing in order that the State may continue its use without interruption or otherwise reimburse all consideration paid by the State to the Vendor.
T. Contract Restriction: Pursuant to NAC 333.180, if the Division or using agency undertakes a project that requires (A) more than one request for proposals or invitation for bids; and (B) an initial contract for the design of the project, the person who is awarded the initial contract for the design of the project, or any associated subcontractor, may not make a proposal, assist another person in making a proposal, or otherwise materially participate in any subsequent contract related to that project, unless his participation in the subsequent contract is within the scope of the initial contract.
U. Period of Performance: The contract shall be effective upon approval by the BOE and through the period of time the system is installed, operational and fully accepted by the State, including the maintenance and warranty period and delivery and acceptance of all project documentation and other associated material.
V. Right to Publish: All requests for the publication or release of any information pertaining to this RFP and any subsequent contract shall be in writing and sent to the State Project Office.
V.1 Award Announcement: No announcement concerning the award of a contract as a result of this RFP can be made without prior written approval of the Director of Wildlife or designee.
V.2 Endorsement: As a result of the selection of the Vendor to supply the requested services, the State is neither endorsing nor suggesting the Vendor is the best or only solution.
V.3 Advertising Use: The Vendor shall not use, in its external advertising, marketing programs, or other promotional efforts, any data, pictures or other representation of any State facility, except with the specific advance written authorization of the Director of Wildlife or designee.
V.4 Contract Information Release: Throughout the term of the contract, the Vendor shall secure the written approval of the State per section 4.1.4.7 V.1 prior to the release of any information pertaining to the work or activities covered by the contract.
W. Key Personnel: Key personnel are identified as Vendor staff responsible for oversight of work during the life of the project and for work products and/or deliverables.
W.1 Replacement of Key Personnel: Key personnel shall be incorporated into the contract. Replacement of key personnel may be accomplished in the following manner:
1) A representative of the Vendor authorized to bind the company shall notify the State in writing of the change in key personnel
2) The State may accept the change of key personnel by notifying the Vendor in writing
3) The acceptance shall be an update to the key personnel and shall not require a contract amendment. A copy of the acceptance shall be kept in the official contract file
4) Replacements to key personnel are bound by all terms and conditions of the contract and any subsequent issue resolutions and other project documentation agreed to by the previous personnel
5) If key personnel are replaced, someone with comparable skill and experience shall replace them
6) At any time, the Vendor shall provide notice of the permanent removal or resignation of any of the management, supervisory or other key personnel
7) A written transition plan shall be provided to the State prior to approval of any change in key personnel
8) The State reserves the right to have any contract or management staff replaced at the sole discretion and as deemed necessary by the State
X. Authorization to Work: The Vendor is responsible for ensuring that all employees and/or subcontractors are authorized to work in the United States.
Y. System Compliance Warranty: Licensor represents and warrants:
1) Each product shall be date compliant
2) Each product shall operate consistently, predictably and accurately, without interruption or manual intervention, and in accordance with all requirements of this agreement, including without limitation the applicable specifications and the documentation, during each such period, and the transitions between them, in relation to dates it encounters or processes
3) That all date recognition and processing by each product shall include the four (4) digit year format and shall correctly recognize and process the date of February 29, and any related data, during Leap Years
4) All date sorting by each product that includes a "year category" shall be done based on the four (4) digit year format Attachment 4.1.4 – Software, State Resources, State Requirements NDOW Licensing System RFP. 2
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