RFP Event 266 Administrative Document .docx

STATE OF IDAHO

DIVISION OF PURCHASING

FOR THE

Information Technology Services

REQUEST FOR PROPOSAL

Research and Advisory Services

RFP EVENT 266

TABLE OF CONTENTS

RFP ADMINISTRATIVE INFORMATION

RFP Title:

Research Advisory Services (Gartner or Equivalent)

RFP Project Description:

Subscription based research and related services to include analyst calls with industry experts, consulting, auditing, and document review.

RFP Lead:

Thayne Pearson, Purchasing Officer Idaho Division of Purchasing 650 W State St. Room 100 Thayne.pearson@adm.idaho.gov 208-332-1605

Submit electronically via IPRO:

Electronic Submission:

Pre-Proposal Zoom Conference Date/Time:

Preproposal Location May 13, 2024, at 9:30am Mountain Time

Virtual via Microsoft Teams

Deadline to Receive Questions:

May 15, 2024, at 11:59:59p.m. Mountain Time

RFP Closing Date:

See IPRO Header Document

Public Opening Date:

See IPRO Header Document

Initial Term of Contract and Renewals:

One (1) year. Upon mutual, written agreement, the Contract may be renewed, extended, or amended. The anticipated total Contract term is five (5) years.

THE ADMINISTRATIVE FEE DETAILED IN PARAGRAPH 5 OF THE STATE’S STANDARD CONTRACT TERMS AND CONDITIONS WILL NOT APPLY TO THE CONTRACT(S) THAT RESULT FROM THIS SOLICITATION.

OVERVIEW

1.1. Purpose

The Division of Purchasing (DOP), on behalf of the Office of Information Technology Services (ITS), is seeking Subscription-based research and related services to include analyst calls with industry experts, consulting, auditing, and document review.

1.2. Background Information

A huge challenge with technology-centric organizations is the depth and breadth of information that impacts decisions daily. The scale of information to sift often through exceeds our organization’s capabilities. Subscription-based research and related services bring that information to our organization in a curated manner. In addition, objective data is processed into actionable guidance, reducing the time and effort required while increasing insight to solve complex and ambiguous problems.

1.3. Resulting Contract

If the State awards a contract from this Solicitation, it will do so by issuing a Service Contract document from the State’s eProcurement system, IPRO, which will be an acceptance of the successful offer. The Contract will be comprised of that contract document; this RFP, including any incorporated documents; the successful Proposal, including any clarifications requested by the State of Idaho (State); and an artifact formalizing any requirements agreed upon through contract discussions or negotiations, if applicable.

The following documents are incorporated into this RFP as if set out in their entirety, whether or not they are attached in IPRO:

· Solicitation Instructions for Vendor

· Standard Contract Terms and Conditions

If not attached in IPRO, the documents may be found on the “Information for Vendors” page of DOP’s website, www.purchasing.idaho.gov. If multiple versions of any of these documents are available on the website, the version in effect on the day the RFP was issued shall apply.

2.

QUESTIONS

2.1. Restrictions on Communications

From the issue date of this RFP, until a contract is awarded, or the RFP is cancelled, vendors are prohibited from communications regarding this RFP with the ITS staff, evaluation committee members, or other associated individuals, except the Division of Purchasing.

2.2. Pre-Proposal Conference

A non-mandatory pre-proposal conference will be held as indicated in Section 1, page 1 of this RFP. This will be your opportunity to ask questions, via Teams, with the ITS staff. All parties interested are invited to participate either by attending the conference or by an established call-in number. Those choosing to participate must pre-register to receive phone conferencing and meeting details by submitting the completed Attachment 1 - Pre-Proposal Conference Registration Form via email to the RFP Lead. Parties interested are asked to register by Friday, May 10, 2024. Any oral answers given by the State during the pre-proposal conference are unofficial and will not be binding on the State. Conference attendance is at the participant’s own expense.

2.3. Questions

2.3.1. This solicitation is issued via the State’s e-Procurement system, IPRO (IPRO Powered By LUMA). The RFP Lead is the only contact for this Solicitation. All correspondence must be in writing. In the event that it becomes necessary to revise any part of this RFP, amendments will be posted at IPRO. It is the responsibility of parties interested in this RFP to monitor IPRO for any updates or amendments. Any oral interpretations or clarifications of this RFP must not be relied upon. All changes to this RFP will be in writing and must be posted to IPRO to be valid.

2.3.2. Questions or other correspondence must be submitted in writing to the RFP Lead (see contact information in the RFP Administrative Information, page 1). QUESTIONS MUST BE RECEIVED BY 11:59:59 P.M. MOUNTAIN TIME ON THE DATE LISTED IN THE RFP ADMINISTRATIVE INFORMATION.

2.3.3. Written questions must be submitted using Attachment 2 - Offeror Questions. Official answers to all written questions will be posted on IPRO as an amendment to this RFP.

2.4. Vendor Proposed Modifications and Exceptions to Requirements, Terms, and Conditions

2.4.1. Vendors must submit any proposed modifications to the requirements, terms, or conditions of the RFP on Attachment 2 - Offeror Questions prior to the deadline to submit questions. Questions regarding these requirements must contain the following:

· The rationale for the specific requirement being unacceptable to the party submitting the question (define the deficiency).

· Recommended verbiage for the State’s consideration that is consistent in content, context, and form with the State’s requirement that is being questioned.

· Explanation of how the State’s acceptance of the recommended verbiage is fair and equitable to both the State and to the party submitting the question.

2.4.2. In the event that a Proposal contains modifications or exceptions to any Solicitation requirements, terms, or conditions which are not addressed during the question-and-answer period, they must be identified and submitted on Attachment 3 - Modification and Exception Form and must contain the same information outlined in Section 2.3.1, above. The State will not consider any modifications or exceptions that are not identified specifically on Attachment 3.

2.4.3. The State has sole discretion to determine if the modifications or exceptions submitted by an Offeror would result in a material change or otherwise threaten the integrity of the procurement process. See Appendix A - Idaho Terms and Conditions Background and Limitations. Pursuant to IDAPA 38.05.01.084.e, the State may only negotiate non-material modifications or exceptions. Modifications or exceptions which the State determines to be material, or which otherwise threaten the integrity of the procurement process, will not be accepted, or negotiated. In the event that the Offeror has conditioned its Proposal on the State’s acceptance or negotiation of its proposed modifications or exceptions, and the modifications or exceptions are deemed material, the Offeror will be given the opportunity to retract the proposed modifications or exceptions from its Proposal. Failure to do so will result in the Offeror’s Proposal being found non-responsive, after which it will receive no further consideration.

2.4.4. Non-material modifications or exceptions may be discussed with the apparent successful Offeror, at the discretion of the State; however, the State shall have the right to reject any and all such modifications and/or exceptions, or to call an end to such discussions, and to instruct the Offeror to amend its Proposal and remove the modifications and/or exceptions. Failure to do so may result in the State finding the Proposal non-responsive.

2.4.5. Except as otherwise provided within the Solicitation, the State will not consider modifications or exceptions to the requirements, terms, or conditions which are proposed after the RFP Closing Date

INSTRUCTIONS FOR SUBMISSION OF PROPOSAL

3.

3.1. General Instructions

3.1.1. Proposals must be submitted electronically, as detailed below. Except as otherwise addressed in this solicitation, all submission materials must be submitted at the same time. If multiple submissions are received, only the latest timely submission will be considered.

3.1.2. Alternate proposals are not allowed.

3.1.3. All electronic files must be in Microsoft Word or Excel format; the only exception is for financials, brochures, or other information only available in an alternate format.

3.1.4. All Offerors participating in this Solicitation must establish an account in the IPRO system, as it is necessary in order to process and/or award the resulting Contract(s). Establishing an account is free and only takes a few minutes.

3.2. Trade Secrets

Paragraph 28 of the Solicitation Instructions to Vendors describes trade secrets to “include a formula, pattern, compilation, program, computer program, device, method, technique or process that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons and is subject to the efforts that are reasonable under the circumstances to maintain its secrecy.” In addition to marking each page of the document with a trade secret notation (as applicable; and as provided in Paragraph 28 of the Solicitation Instructions to Vendors), Offerors must also:

3.2.1. Identify with particularity the precise text, illustration, or other information contained within each page marked “trade secret” (it is not sufficient to simply mark the entire page). The specific information you deem “trade secret” within each noted page must be highlighted, italicized, identified by asterisks, contained within a text border, or otherwise clearly delineated from other text/information and specifically identified as a “trade secret.”

3.2.2. Provide a separate document entitled “List of Redacted Trade Secret Information” which provides a succinct list of all trade secret information noted in your Proposal; listed in the order it appears in your submittal documents, identified by Page #, Section #/Paragraph #, Title of Section/Paragraph, specific portions of text/illustrations; or in a manner otherwise sufficient to allow the State’s procurement personnel to determine the precise text/material subject to the notation. Additionally, this list must identify with each notation the specific basis for your position that the material be treated as exempt from disclosure and how the exempting the material complies with the Public Records Law.

3.2.3. Submit a redacted copy of the Proposal with all trade secret information removed or blacked out. The redacted copy must be submitted electronically, with the word “redacted” in the file name, whether the Proposal is submitted manually or electronically.

3.3. Electronic Submission

3.3.1. Electronically submitted Proposals must be submitted through IPRO, at IPRO Powered By LUMA. When submitting through IPRO, enter your Cost in IPRO as “$0,” and UPLOAD YOUR TECHNICAL PROPOSAL, SEPARATE COST PROPOSAL, AND ALL OTHER REQUIRED SUBMITTAL ITEMS. Remember to submit an additional redacted version of the proposal if you have identified trade secrets.

3.3.2. Vendors are strongly encouraged to begin the process of submitting the response far enough in advance of the End Time to allow for resolution of technical difficulties. Be advised that the state is not responsible for a Vendor’s failure to timely submit a responsive submission due to any technical or technological difficulties. See IDAPA 38.05.01.61.02.

3.3.3. If submitting via IPRO, be advised that the Offeror for Proposal evaluation and award purposes is the entity profile under which the Proposal is submitted in IPRO, which must be the same legal entity presented in the uploaded response materials. If the entity identified on the state supplied Signature Page differs from the entity under which you submit your Proposal in IPRO, the information provided on the Signature Page prevails.

3.3.4. Offerors are further advised to upload response materials with descriptive file names, organized and consolidated in a manner which allows evaluators to efficiently navigate the Offeror’s response; as the State will print uploaded documents for evaluation in the manner received via IPRO.

PROPOSAL FORMAT

1.

2.

3.

4.

These instructions describe the format to be used when submitting a Proposal. The format is designed to ensure a complete submission of information necessary for an equitable analysis and evaluation of submitted Proposals. There is no intent to limit the content of Proposals.

4.1. Table of Contents

Include a table of contents in the Technical Proposal identifying the contents of each section, including page numbers of major Sections.

4.2. Format

Proposals must follow the numerical order of this RFP beginning with Section 6 and continuing through the end of the applicable RFP Attachments, including all mandatory submission items detailed in Section 6 and identified throughout the RFP. Proposal sections and subsections must be identified with the corresponding numbers and headings used in this RFP. In your response, restate the RFP section and/or Section, followed with your response.

Offerors are encouraged to use a different color font, bold text, italics, or other indicator to clearly distinguish the RFP section from the Offeror’s response. Except for brochures, financials, work samples, or other similar submission items, all electronic Proposals must be submitted in Microsoft Word or Excel and must not be locked. Offerors are strongly cautioned against including website links or imbedded documents in the Proposal; the State will not be responsible for the RFP Lead or any evaluator’s failure to consider information outside of or imbedded in the Proposal.

4.3. Evaluation Codes

(M) Mandatory Response - failure to respond to any (M) section, or to comply with any mandatory specification or requirement, will render Offeror’s Proposal non-responsive and no further evaluation will occur.

(ME) Mandatory and Evaluated Response - failure to respond to any (ME) section, or to comply with any mandatory specification or requirement in an (ME) section, will render Offeror’s Proposal non-responsive and no further evaluation will occur. Offeror must respond to these sections as directed; points will be awarded based on predetermined criteria.

(E) Evaluated Response - a response is desired and will be evaluated. If Offeror cannot meet the requirement, or chooses not to respond for any reason, zero (0) points will be awarded for the section. If Offeror responds, points will be awarded based on predetermined criteria.

Note: Offerors are directed to IDAPA 38.05.01.074.03.a, as well as IDAPA 38.05.01.091.05, which allow the designated State official to waive minor informalities as well as minor deviations. The State also reserves the right to seek clarification on any (M), (ME), or (E) requirement.

PROPOSAL REVIEW, EVALUATION, AND AWARD

5.

5.1. Overview

The objective of the State in soliciting and evaluating Proposals is to ensure the selection of a firm or individual that will produce the best possible results for the funds expended

5.1.1. All Proposals will be reviewed first to ensure that they meet the Mandatory Submission Requirements of the RFP as addressed in Sections noted with an (M) or (ME). Any Proposal(s) not meeting the Mandatory Submission Requirements will be found non-responsive.

5.1.2. Evaluation Criteria

Technical Proposal:

1.

2.

3.

4.

5.

5.1.

5.2. Technical Proposal

5.2.1. The Technical Proposal will be reviewed first on a “pass” or “fail” basis to determine compliance with those requirements listed in the RFP with an (M) or (ME). All Proposals which are determined by the State, in its sole discretion, to be responsive in this regard will continue in the evaluation process outlined in this Section.

5.2.2. The Technical Proposal will be evaluated and scored utilizing one (1) or more Technical Proposal Evaluation Committee(s).

5.2.3. The scores for the Technical Proposal will be normalized as follows: The Technical Proposal with the highest raw technical score will receive all available Technical Points: 700 points. Other Proposals will be assigned a portion of the maximum available Technical Points, using the formula:

700 X raw score of technical Proposal being evaluated highest raw technical score.

5.3. Page Limits

The questions below have maximum page limit requirements. Offerors shall NOT exceed the maximum page limits. Note, the page limit applies to the front side of a page only (for example, ‘1 Page’ implies that the Offeror can only provide a response on one side of a piece of paper).

Any response that does not meet these formatting requirements will be converted into the required formatting to ensure that it still meets the page limit. If a response exceeds the page limit, the additional text will be removed or redacted before being provided to evaluators; only the text within the page limit will be evaluated.

General Formatting Requirements: Your response must be formatted as follows:

Font: Calibri Font Size: 11 Margins: Standard 1 inch (all margins) Spacing: Single-spaced

5.4. Presentations

5.4.1. Following evaluation of Technical Proposals, the State may, in its sole discretion, invite two (2) top scoring Offerors to provide presentations. The State reserves the right to invite as many Offerors as it deems appropriate, based on the Technical Proposal evaluation scores. The State also reserved the right to invite additional Offerors to provide presentations after the initial round, in its sole discretion.

5.4.2. Presentations will take place remotely via Microsoft Teams or another virtual meeting platform.

5.4.3. Presentations will not be scored separately. Following presentations, the Technical Proposal Evaluation Committee(s) will review the Technical Proposal evaluation scores for each Offeror and may adjust the Technical Proposal evaluation scores, as the committee(s) deem appropriate, based on the information provided during the presentations.

5.5. Cost Proposal

5.5.1. The Cost Proposal will only be opened and evaluated for three (3) Offerors who receive the highest Technical Proposal scores.

5.5.2. The scores for the Cost Proposal will be normalized as follows: The cost evaluation will be based on The Proposal with the lowest overall total cost proposed will receive all available Cost Points: 300 points. The Offeror must provide a fully burdened cost which must include, but not be limited to, all operating and personnel expenses, such as: overhead, salaries, administrative expenses, travel, profit, or equivalent and supplies. Other Proposals will be assigned a portion of the maximum available Cost Points using the formula:

300 X lowest overall Total Cost Overall Total Cost being evaluated.

0.

0.

0.

0.

0.

0.

0.

6.

6.

Cost proposals must be submitted for the mandatory licensing pricing. Offerors may also produce no more than one (1) secondary pricing option on page two. The product offered must meet the minimum requirements in the Scope of Work. The state reserves the right to award the pricing option that is in the best interest of the State.

The State reserves the right to seek clarification of Offeror’s responses and to engage in discussions or negotiations as determined to be in the best interest of the State and permitted by IDAPA 38.052.01.084.

Best and Final Offer. The buyer must establish a common time and date for submission of best and final offers. Best and final offers must be submitted only once unless the buyer makes a written determination before each subsequent round of best and final offers demonstrating another round is in the purchasing authority’s interest, and additional discussions will be conducted, or the requirements will be changed. Otherwise, no discussion of, or changes in, the best and final offers must be allowed prior to award. Offerors must also be informed that if they do not submit a notice of withdrawal or another best and final offer, their immediate previous offer will be construed as their best and final offer

5.6. Responsibility

Pursuant to IDAPA 38.05.01.081, the RFP Lead may, in the State’s sole discretion, require the apparent high point Offeror to provide documentation to demonstrate its responsibility. The RFP Lead may request documentation including, but not limited to: credit or financial reports, and references. Failure to provide requested documentation may result in the Offeror being deemed non-responsible. Nothing herein shall prevent the State from using other means to determine Offeror’s responsibility.

5.7. Award

Award of Contract will be made to the responsive, responsible Offeror whose Proposal receives the highest number of total normalized points.

BUSINESS INFORMATION

6.

6.1. (ME) Business Profile Provide a profile of your business including Offeror’s business history, description of current service area, and customer base.

6.2. (ME) Experience Describe in detail your knowledge and experience in providing services similar to those required in this RFP. Offeror must have at least five (5) years’ experience providing comprehensive research and analysis on all significant areas of information technology.

6.3. (ME) Research resources Describe the breadth and depth of research resources available to the state. Include personnel, services, and literature such as advisory services, consulting, research, toolkits, and experts.

6.4. (ME) Demonstrated Success Provide specific data demonstrating previous success with an analysis project for a government entity in which the deliverable was used to persuade policy, rule, or statute.

6.5. (E) Customer Satisfaction Over the last ten (10) years, approximately what percentage of customers have chosen to remain with your company when given an option (e.g. exercising option renewals, extending agreements, selecting your company again upon re-solicitation, etc.)

6.6. References

Provide contact information for at least three (3) references. See Section 5.5.

ORGANIZATION AND STAFFING

Describe your qualifications to successfully complete the requirements of the RFP by providing a detailed response to the following:

7.

7.1. (ME) Project Lead Identify the person who will be the dedicated Project Lead if Offeror is awarded a contract. Provide a description of the proposed Project Lead’s experience and qualifications. You may submit a resume in response to this section.

7.2. (ME) Key Personnel and Qualifications Provide a list of key management, customer service and other roles to be used in the fulfillment of this Contract (in addition to the Project Lead). Provide role descriptions, including requisite qualifications and experience of the person(s)/role(s) identified, as well as an explanation of how the person in that role will contribute to the project. Your response should demonstrate the extent to which you have the expertise to accomplish the Scope of Work.

7.3. (M) Subcontractors If you intend to utilize subcontractors, describe the extent to which they will be used to comply with Contract requirements. Include each position providing service and provide a detailed description of how the subcontractors are anticipated to be involved under the Contract. Include a description of how the Offeror will ensure that all subcontractors and their employees will meet all Scope of Work requirements. NOTE: The information provided for subcontractors, if any, will be evaluated as part of Section 8.2, Other Key Personnel and Qualifications.

If you do not intend to utilize subcontractor(s), provide a statement to that effect.

7.4.

SCOPE OF WORK

All sections of the Scope of Work are required contract services. Use this Proposal outline as part of your response to the RFP. Keep in mind, the evaluators will be scoring your Proposal based on the methodologies proposed and the completeness of the response to each item listed below. You must describe in detail how you will meet each requirement marked (M) or (ME) below. Include personnel, proposed timelines, methodologies, and any pertinent information that will be required from the Agency in order to achieve full compliance with all tasks and deliverables.

(ME) Advisory – Limit responses to 3 pages The state requires advisory on many IT related topics that may include new technologies, solution comparisons, organization management, and more. Advisory insights must be delivered one-on-one through scheduled inquiry calls by experts that have practical experience in both government and commercial environments.

Advisory services are the ability to request live assistance from industry leaders and technology experts who may advise or instruct on aspects of the state’s implementation and use of technology, strategy around technology decisions, leadership in IT delivery organizations within state government. These sessions should be available in a sufficiently high number that the license holder may engage the services multiple times for disparate projects through the subscription period including multiple sessions per week if needed.

Describe in detail how you will respond and deliver on advisory requests. Include any restrictions or limitations to these types of requests. Describe the breadth and depth of detail available through the advisories.

(ME) Research – Limit responses to 3 pages The state requires access to a comprehensive body of research on IT industry topics. Research should be fact-based and reliable. Curated research articles should include guidance through comparisons of solutions, providers, and strategy. Research must be timely and constantly refreshed. Research should be delivered through an online library, mobile application, PDF file, and/or audio.

Research services are access to a curated library of unbiased technology research. The library is kept updated with current technology, comparative articles, insights into industry and market, etc. The access allows for an unlimited number of articles to be retrieved and provides sharing options. A search service is available to find relevant articles.

Describe the research resources including breadth and depth of the material. Describe how research is vetted for reliability. Describe how your comparative analysis is performed and how the research materials can be leveraged in the decision-making process.

(E) Value-add services – Limit responses to 2 pages The state values toolkits, templates, contract review services, auditing, discounts on industry research events and other services often offered in conjunction with research and advisory services.

Describe value-add services that are available. Identify services that are included in the base cost of licensing and those that are an extra charge.

(ME) Implementation and value realization – Limit responses to 2 pages The state requires a positive return on this investment. Successfully onboarding licensed state staff and continuing a value realization strategy through the life of the license is very important to ensure return on investment.

Describe your plan to successfully onboard new licensees. Describe your plan for continued value realization after onboarding.

(ME) Minimum Requirements Response limited to 3 pages The state requires at a minimum the following:

Three (3) licenses that provide unlimited access to a research library, unlimited access to advisory services, and a ticket to a trade conference.

One (1) license that provides unlimited access to a research library, access to key metrics on IT spending and staffing, diagnostic tools (assessments and templates for organization improvement), practitioner research, and access to a peer network.

One (1) license that provides unlimited access to a research library, unlimited access to advisory services, access to a peer network, and a ticket to a trade conference.

One (1) license that provides unlimited access to a research library.

Two (2) licenses that provides unlimited access to a research library, unlimited access to advisory services, access to key metrics on IT spending and staffing, diagnostic tools (assessments and templates for organization improvement), practitioner research, access to a peer network and a ticket to a trade conference.

Metrics on IT spending and staffing are research that provides statistics on IT spend and staffing across large areas of industry and can be viewed and filtered in various ways to extract insight and make comparisons.

Diagnostic tools are instruments that can be employed within an organization to identify gaps and enable improvement in key performance areas.

Practitioner research is produced by those working in the field.

Peer network is access to other organization leaders in a forum where topic discussion is available.

Trade conferences are conferences that address IT topics, research, presentations in a live setting and provide for network opportunities.

ATTACHMENT 1 – PRE-PROPOSAL CONFERENCE REGISTRATION FORM

RFP Event 266 Research Consulting Services

Oral Information: Questions concerning an RFP must be directed in writing to the RFP Lead in the time period prescribed in the RFP document. Vendors are cautioned against relying on any verbal information and do so at the Vendor’s sole risk. The RFP may only be amended by written documentation posted to the state’s eProcurement System, IPRO.

Potential Offerors choosing to participate in the Pre-Proposal Conference must pre-register by submitting this completed form, via e-mail, to the RFP Lead at Thayne.Pearson@adm.idaho.gov. After the RFP Lead receives your form and the registration deadline passes, you will be provided with phone conferencing and meeting details. Please indicate in the appropriate column if your attendance will be by phone. Attendees are asked to register for the Pre-Proposal Conference no later than 5:00pm, Mountain Time, May 10, 2024.

PLEASE PRINT:

ATTACHMENT 2 – OFFEROR QUESTIONS

RFP Event 266 Research Consulting Services Instructions:

DO NOT IDENTIFY YOUR NAME OR YOUR COMPANY’S NAME OR PRODUCT NAMES OF INTELLECTUAL PROPERTY IN YOUR QUESTIONS.

ADD ROWS BY HITTING THE TAB KEY WHILE WITHIN THE TABLE AND WITHIN THE FINAL ROW.

The following instructions must be followed when submitting questions using the question format on the following page.

1. DO NOT CHANGE THE FORMAT OR FONT. Do not bold your questions or change the color of the font.

1. Enter the RFP section number that the question is for in the “RFP Section” field (column 2). If the question is a general question not related to a specific RFP section, enter “General” in column 2. If the question is in regards to a State Term and Condition or a Special Term and Condition, state the clause number in column 2. If the question is in regard to an attachment, enter the attachment identifier (example “Attachment 1”) in the “RFP Section” (column 2), and the attachment page number in the “RFP page” field (column 3).

1. Do not enter text in the “Response” field (column 5). This is for the State’s use only.

1. Once completed, this form is to be e-mailed per the instructions in the RFP. The e-mail subject line is to state the RFP number followed by “Questions.” DO NOT SUBMIT QUESTIONS VIA IPRO.

ATTACHMENT 3 – MODIFICATION AND EXCEPTION FORM

Instructions: Complete this form and submit with your Attachment 2 – Offerors Questions submittal if you are proposing modifications or taking exception to any of the requirements, terms, or conditions included in the RFP, including any documents incorporated by reference (such as the Standard Contract Terms and Conditions.) See RFP Section 2.4 for a full explanation of the process surrounding vendor-proposed modifications and exceptions.

Offerors must specifically address any and all proposed modifications and exceptions. Blanket requests to negotiate requirements, terms, or conditions will not be considered. Offerors must provide an explanation as to why the requirement, term, or condition should be considered non-material. Offeror must also provide a reason for the proposed modification or alternative language, specifically addressing the issues itemized in RFP Section 2.4.1.

The determination of materiality will be made at the State’s sole discretion. Non-material modifications or exceptions may be negotiated with the apparent successful Offeror, at the discretion of the State, and as otherwise provided in RFP Section 2.4.4.

ATTACHMENT 4 – COVER FORM

(M) Attachment 4, Cover Form must be completed, signed, and submitted with your Proposal. Failure to complete and submit this form may result in your Proposal being deemed non-responsive.

Instructions: The Technical Proposal must include a signed copy of this cover form. Copy and paste this form onto your company letterhead, or include the following information: Offeror’s company name, mailing address, phone number, fax number, e-mail address, and name of Offeror’s authorized signer. The cover form must include the RFP Number and Title and must be signed by an individual authorized to commit the Offeror to the contents of the Proposal.

☐ Limited Liability Corporation (LLC) ☐ Limited Liability Partnership ☐Sole Proprietorship ☐ Other (specify)

Offeror’s Tax Identification Number

EIN:

Offeror’s DUNS Number

DUNS:

Is Offeror a legal entity with the legal right to contract?

☐ Yes ☐ No

Other than modifications/exceptions identified on Attachment 3, in compliance with Section 2.4 of this RFP, does Offeror accept, and is Offeror willing to comply with, the requirements of this RFP and attachments, including but not limited to those identified in Section 1.4 and the Special Terms and Conditions in Appendix?

☐ Yes ☐ No

Is Offeror in compliance with applicable equal employment regulations?

☐ Yes ☐ No

Does Offeror affirm that it has not employed any company or person other than a bone fide employee working solely for the Offeror or a company regularly employed as its marketing agent, to solicit or secure the Contract, and that it has not paid or agreed to pay any company or person, other than a bone fide employee working solely for the Offeror or a company regularly employed by the Offeror as its marketing agent, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of the Contract.?

☐ Yes ☐ No

Does Offeror understand and agree that for breach or violation of the above term, the State has the right to annul the Contract without liability or, in its discretion, to deduct from the offered price the amount of any such fee, commission, percentage, brokerage fee, gifts, or contingencies.

☐ Yes ☐ No

Firm(s) and/or staff responsible for writing the Proposal

Names:

Does Offeror affirm that it is not currently suspended, debarred, or otherwise excluded from federal or state procurement and non-procurement programs?

Note: vendor information is available at https://sam.gov.

☐ Yes ☐ No

Does the Offeror affirm that the Proposal will be firm and binding for ninety (90) calendar days from the Proposal opening date?

☐ Yes ☐ No

Signed By:

Printed Name:

Date:

APPENDIX A – IDAHO TERMS AND CONDITIONS BACKGROUND AND LIMITATIONS

Idaho Terms and Conditions – Background The Division of Purchasing issues solicitations on behalf of State of Idaho agencies. As public entities, the Division and the agencies it serves are subject to statutes, rules and policies that result in terms and conditions unlike those common in contracts between private parties. The Division of Purchasing does not have authority to vary many of these terms and in some instances variations are void under Idaho law. See IDAPA 38.05.01.112.

Idaho is not unique. Many of the terms in the State of Idaho Standard Terms and Conditions are similar to terms offered by most federal, state, and local government agencies. Vendors who seek to work with government agencies should become familiar with these terms. The discussion below is provided to assist you in becoming familiar with the legal and policy basis for the terms and to provide information for you to evaluate the risks and benefits of working with public entities.

Termination – Costs of Re-procurement The State of Idaho Standard Terms and Conditions provision concerning termination specifically identifies the costs of re-procurement as a damage arising from a breach of the contract by a vendor. This damage is identified because of the public agency budgeting process and the competitive solicitation process required by Idaho’s purchasing laws. The Idaho purchasing laws provide a preference for open, competitive procurements. These procurements come at a cost to the agency, which is generally included in the agency budget requested from the Idaho Legislature more than twelve months prior to incurring the expense. Unlike a private business, public agencies cannot independently pass through the costs of re-procurement to Idaho taxpayers, who are the customers of government. Instead, Idaho agencies must submit a request for the costs to the Idaho Legislature in a subsequent budget year, which is usually after the need to secure a replacement vendor for the breaching contractor arises. As a matter of public policy, the contractor whose breach caused the damage of requiring re-procurement must pay those costs at the time of breach so that the public can receive the benefit of the contract made on its behalf through re-procurement of a new contract. This policy is reflected in the State of Idaho Standard Terms and Conditions provision concerning termination and the Division of Purchasing does not generally vary this requirement.

Termination – Fiscal Necessity Idaho Constitution Article VII, section 11 prohibits an expenditure in excess of a legislative appropriation. Idaho Code section 59-1015 prohibits state agencies and officers from entering into contracts that create any expense or liability in excess of an appropriation. Idaho Code section 59-1016 provides that any such contract is void. IDAPA 38.05.01.112 contains the same provisions. An appropriation can be reduced under Idaho law through “give backs” and “hold backs” issued by the executive branch. When the Division of Purchasing enters into a contract, it must contain the term allowing for termination for fiscal necessity to comply with these provisions. Variation of this term is not offered.

Anti-Discrimination/Equal Employment Opportunity Many of the Idaho agencies served by the Division of Purchasing receive federal funding that is subject to a requirement concerning a pass-through to vendors of the obligation to comply with federal civil rights and anti-discrimination laws. The pass-through obligation may extend beyond the specific federal funds to all agency contracts. Variation of this term is not offered to prevent a breach of the State of Idaho’s obligations under its agreements with the United States.

Taxes The State of Idaho Standard Terms and Conditions provision concerning taxes identifies that Idaho agencies are exempt from the payment of taxes and provides that the contractor is responsible for all taxes assessed against the contractor as a result of doing business with the State of Idaho. State agencies are not granted an appropriation to pay taxes due to the exemptions that apply to government agencies. As discussed above under the heading Termination – Fiscal Necessity, terms in excess of appropriation are void under Idaho law. Variation of this term is not offered.

Indemnification Many vendors request the State of Idaho offer an indemnification of the vendor. An indemnification is a promise to pay funds that have not been appropriated in the current budget year or that may occur in a future budget year that has not yet been appropriated by the Idaho Legislature. Idaho Constitution Article VII, section 11 prohibits an expenditure in excess of a legislative appropriation. Idaho Code section 59-1015 prohibits state agencies and officers from entering into contracts that create any expense or liability in excess of an appropriation. Idaho Code section 59-1016 provides that any such contract is void. IDAPA 38.05.01.112 contains the same provisions. Variation of this term is not offered.

In assessing the risk of doing business with the State of Idaho, vendors should consider the following. The State of Idaho has waived its sovereign immunity for torts as described in the Idaho Tort Claims Act, Idaho Code title 6 chapter 9. To the extent that the State or its employees have committed a tort, contractors have legal remedies available through that act. Tort liability is funded by the Idaho Legislature through an appropriation to the Retained Risk Program and appropriation issues do not arise in actions under the act. In addition, under existing Idaho court decisions, the State does not have sovereign immunity for contract claims arising from a properly entered contract. If the State is in breach of its contract obligations, contractors have the legal remedies available under any contract. Lastly, States are generally prohibited from the benefits of the federal bankruptcy laws. Unlike private companies, an indemnification clause is not required to preserve a remedy through the company’s insurer should the company declare bankruptcy.

Public Records All Idaho agencies are subject to the Idaho Public Records Act, Idaho Code title 74, chapter 1. State agencies cannot by contract vary the requirements of the Act or agree to violate the Act by withholding records properly subject to release under the Act. The State of Idaho Standard Terms and Conditions provision concerning disclosure of public records has been drafted to allow contractors to designate records as exempt under the provision of the Act if the contractor agrees to defend that designation and to indemnify the State of Idaho for any costs and penalties imposed under the Act. Variation of this term is not offered.

Assignments Idaho code section 67-9230 prohibits the transfer of a contract issued by the Division of Purchasing without written approval by the Administrator and the Idaho Board of Examiners. At the option of the Administrator, a contract transferred in violation of this provision can be annulled. Idaho Code section 67-1027 provides that the Idaho Controller shall not pay an assignee of a contract if the assignment has not been approved by the Idaho Board of Examiners. The State of Idaho Standard Terms and Conditions provision concerning assignment cannot be varied in a way that allows assignment without approval of the Administrator and the Idaho Board of Examiners.

Governing Law, Jurisdiction and Venue, Arbitration, Waiver of Jury Trial As a sovereign state, the State of Idaho is not subject to the jurisdiction of the courts of its sister states. The Idaho legislature has not consented to the waiver of this limitation by state agencies. The 11th amendment to the United States Constitution provides limitations on the jurisdiction of federal courts over claims against the State of Idaho. IDAPA 38.05.01.112, approved by the Idaho Legislature in 2015, provides that terms subjecting the State of Idaho to the jurisdiction of the courts of other states are void.

Agencies of the State of Idaho are subject to Idaho law and cannot vary the legal provisions governing the agency by contract. Based on this limitation, the Division of Purchasing will not consent to the application of laws other than the laws of the State of Idaho to all of a contract. Unless the agency certifies to the Division of Purchasing that it has consulted with the Office of the Attorney General and considered its advice, the Division of Purchasing will not consent to the application of laws other than the laws of the State of Idaho to a portion of the contract.

Idaho Code section 29-110 provides that any term of a contract subjecting a party to arbitration conducted outside the State of Idaho is void. IDAPA 38.05.01.112 requires that any agency must consult with the Office of the Attorney General prior to consenting to arbitration. At this time, the Office of the Attorney General does not generally advise agencies to consent to arbitration. Unless the agency certifies to the Division of Purchasing that it has consulted with the Office of the Attorney General and considered its advice, the Division of Purchasing will not consent to an arbitration provision.

IDAPA 38.05.01.112 requires that any agency must consult with the Office of the Attorney General prior to consenting to wavier of the right to a jury trial. At this time, the Office of the Attorney General does not generally advise agencies to consent to waiver of the right to a jury trial. Unless the agency certifies to the Division of Purchasing that it has consulted with the Office of the Attorney General and considered its advice, the Division of Purchasing will not consent to waiver of the right to a jury trial.

Payment Terms Idaho Code section 67-2302 establishes the general legal requirements for payments by Idaho agencies. Among other things, this section prohibits full payment on partial deliveries and establishes a statutory rate of interest and penalties on late payments. Idaho agencies cannot vary these terms by contract.

Limitations of Liability As a public entity representing Idahoans, requests to limit the liability of a contractor are considered as matters of public policy. Limitations of liability are authorized only when it is appropriate for the taxpayers of Idaho to bear the risk of the contractor’s breach or where the limitation is in excess of any reasonable contractor liability under the contract. In general, it is the policy of the Division of Purchasing to expect contractors to secure insurance to provide for the reasonable risks of operating the contractor’s business. As representatives of all Idahoans and a matter of public policy, the Division of Purchasing will not approve limitations of liability for death or personal injury or damage to real property.

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