RFP NSP7149 Z1 TSCTI_File 1 of 3.pdf

State of Nebraska - Nebraska State Patrol

Request For Proposal for Contractual Services

RFP # NSP7149 Z1

Due by: Jun 22, 2024 by 2:00 PM CST

TECHNICAL PROPOSAL

Submitted to:

Name: Jason Dean, Procurement Officer

Agency: Nebraska State Patrol

Address: 4600 Innovation Drive

Lincoln, NE 68521

Telephone: 402-479-4913

E-Mail: Jason.Dean@Nebraska.gov

Submitted by:

Ashley Christina De Sa, Administrator

8251 Greensboro Drive, Suite 900, McLean, VA 22102

Phone: (866) 537-9191 Ext 2

E-mail: sledproposals@tscti.com mailto:Jason.Dean@Nebraska.gov mailto:sledproposals@tscti.com

Head Office: 8251 Greensboro Drive Suite 900 Mclean VA 22102 2 | P a g e .

RFP - NSP7149 Z1- Computer Aided Dispatch and Mobile Data System State of Nebraska - Nebraska State Patrol

Table of Contents Cover Letter

Response to Section II- Terms and Conditions

Response to Section III: Contractor Duties

Response to Section IV: Payment

Response to Sectio V- Project Description and Scope of Work

Response to Section VI: Proposal Instructions

1. Corporate Overview

A. Bidder Identification and Information

b. Financial Statements

c. Change of Ownership

d. Office Location

e. Relationship with the State

f. Bidder’s Employee Relations to the State

g. Contract Performance

h. Summary of Bidder’s Corporate Experience

i. Summary of Bidder’s Proposed Personnel/ Management Approach

j. Subcontractors

2. Technical Approach

i. Understanding of the project requirements

ii. Proposed Development Approach

ii. Technical Considerations

iv. Architecture Solution

v. Detailed Project Plan

vi. Deliverables and Due Dates

vii. Technical Matrix

Forms

Head Office: 8251 Greensboro Drive Suite 900 Mclean VA 22102 3 | P a g e .

State of Nebraska - Nebraska State Patrol

Cover Letter Attn: Jason Dean, Procurement Contact

State of Nebraska- Nebraska State Patrol

Subject: Response to RFP # NSP7149Z1- Computer Aided Dispatch and Mobile Data System

22nd Century Technology, Inc. (TSCTI) is pleased to offer services to Nebraska State Patrol (NSP) to provide CAD and

Mobile Data systems. TSCTI was established in 1997 headquartered at 8251 Greensboro Drive Mclean, VA 22102. Queues

Enforth Development, Inc. (QED) has been providing public safety Computer-Aided Dispatch, Police and Fire Records

Management Systems since 1984. In 2000, all of QED’s products were redesigned to take advantage of the “web” technology that has become so prevalent with the spread of the Internet. In August of 2023, Queues Enforth Development, Inc. (QED) was acquired by 22nd Century Software Solutions LLC (22CCS), a subsidy of 22nd Century Technologies Inc., (TSCTI) with the vision of infusing cutting-edge technologies including generative AI, machine learning and advanced analytics to revolutionize and enhance public safety software.

QED- a subsidiary of TSCTI (team TSCTI/ QED), has been providing mature public safety software solution Services to perform assignments of varying lengths, for the last 26 years. TSCTI is a IT Software Solution firm, providing public safety software solutions that fit every need of our client on quote for a requested assignment/project. Similar services have been provided to over 200 government clients. In total, we have over 200+ contracts including 71 Federal, 39 State, 115 Local agencies, 60 commercial clients. TSCTI has in-house staff of over 130+ on-bench professionals experienced in providing public-safety solutions throughout the US with 100+ professionals working on different contracts within the State of NE.

Team TSCTI provides the most scalable and robust off-the-shelf Police Department software solutions, performing with distinction for departments ranging in size of hundreds to as few as six officers. We believe the size of a jurisdiction should not dictate the quality of the set of solutions. Our mission and commitment remain the same – supporting client’s department with tools that enhance the safety and security of client’s officers and its community. With a fully integrated line of software products, TSCTI’s Software Solution for Police Departments like NSP, including Computer Aided Dispatch, Law

Enforcement Records Management, Administration, Mapping, GIS Services, Mobile CAD and AVL Software, Mobile

Reporting, Interagency Interoperability, Public Records Web Portal, and many other functionalities. Our Fully integrated suite of products provides ease and simplicity across our client’s public safety department, by providing local ordinances and citations, trespass warnings and tracking, property and evidence, e-ticketing, and case management.

Team TSCTI’s public safety software applications have been designed as fully integrated software solutions for public safety. Each module in our software suite utilizes the same Master Index File. This allows for easy searching and linking of records, reducing redundant data entry. As a complete IT Software Solution Service provider, we provide the following services: ongoing support and coordination for implementing new technologies, maintenance, and troubleshooting of existing systems, data center management, network upgrade and expansion, cloud migration, cybersecurity strategies, IT procurement support, on-call CIO/Technical support services, IT staff augmentation, and any other IT-related matters on an as-needed basis. Our approach to providing exceptional IT software solutions includes adhering to industry best practices, such as PMI and Six Sigma for project management. In addition, we are proud to be a Microsoft Gold Partner, Oracle

Gold Partner, and AWS partner, and have established strategic partnerships with other technology providers such as HP, IBM, Cisco, EMC and Dell. Through these partnerships, we are able to offer our clients access to the latest technologies as well as preferred training and technical support for our in-house professionals.

To all the clients across the nation where team TSCTI has been providing similar services; we guarantee the provision of essential components, including equipment, hardware, labor, materials, services, supervision, training, incidental items, and all the related resources essential for delivering, sustaining, and overseeing a fully developed public safety software solution.

This solution will also enable the seamless and productive functioning of all NSP departments, with a particular focus on either introducing a new system or enhancing the existing CAD/MCT/RMS solution. We understand that the goal is to ensure that this solution seamlessly integrates with the specific requirements of the NSP Public Safety Software System.

We adhere to the following standards and accreditations in providing Software Solution to ensure that our services are governed by best practices: ISO 9001:2015 Quality Management System, ISO/IEC 27001:2013 Information Security

Management System, Capability Maturity Model Integration (CMMI) Level 3, Health Insurance Portability and

Head Office: 8251 Greensboro Drive Suite 900 Mclean VA 22102 4 | P a g e .

State of Nebraska - Nebraska State Patrol

Accountability Act (HIPAA), General Data Protection Regulation (GDPR), Americans with Disabilities Act (ADA), Section 508 Compliance. Hence, are confident to provide NSP with all the integrated functionalities as requested in the solicitation too.

We acknowledge the receipt of Addendum #1 through #7, and hereby declare that we have carefully read and understand the terms and conditions of the NSP requirements and completely comply with them all with no exceptions to offer. TSCTI with a complete support of its subsidy QED, together will ensure that NSP is provided with a CAD and MDS, which is capable of not just overcoming the current system’s shortcomings, but also ensure that the system is 10x times ahead in terms of functionality, interoperability, and efficiency.

If any questions/ concerns arises related to this project, request you to feel free to contact our POC. We will be more than happy to serve and resolve your concerns.

Sincerely, Ashley Christina De Sa, Administrator

22nd Century Technologies, Inc.

C: (866) 537-9191 Ext 2

E: sledproposals@tscti.com

Head Office: 8251 Greensboro Drive Suite 900 Mclean VA 22102 5 | P a g e .

State of Nebraska - Nebraska State Patrol

Response to Section II- Terms and Conditions Bidders should complete Sections II through VI as part of their proposal. Bidder is expected to read the Terms and

Conditions and should initial either accept, reject, or reject and provide alternative language for each clause. The bidder should also provide an explanation of why the bidder rejected the clause or rejected the clause and provided alternate language. By signing the Request for Proposal, the bidder is agreeing to be legally bound by all the accepted terms and conditions, and any proposed alternative terms and conditions submitted with the proposal. The State reserves the right to negotiate rejected or proposed alternative language. If the State and bidder fail to agree on the final Terms and Conditions, the State reserves the right to reject the proposal. The State of Nebraska is soliciting proposals in response to this Request for Proposal. The State of Nebraska reserves the right to reject proposals that attempt to substitute the bidder’s commercial contracts and/or documents for this Request for Proposal.

The bidders should submit with their proposal any license, user agreement, service level agreement, or similar documents that the bidder wants incorporated in the Contract. The State will not consider incorporation of any document not submitted with the bidder’s proposal as the document will not have been included in the evaluation process. These documents shall be subject to negotiation and will be incorporated as addendums if agreed to by the Parties.

If a conflict or ambiguity arises after the Addendum to Contract Award have been negotiated and agreed to, the Addendum to Contract Award shall be interpreted as follows:

1. If only one Party has a particular clause, then that clause shall control,

2. If both Parties have a similar clause, but the clauses do not conflict, the clauses shall be read together,

3. If both Parties have a similar clause, but the clauses conflict, the State’s clause shall control.

A. General

Accept (Initial) Reject (Initial) Reject & Provide Alternative within

RFP Response (Initial)

Notes/ Comments:

Carefully read and understood.

TSCTI hereby declare its compliance

1. The contract resulting from this Request for Proposal shall incorporate the following documents:

a. Request for Proposal, including any attachments and addenda;

b. Amendments to the Request for Proposal;

c. Questions and Answers;

d. Bidder’s properly submitted proposal, including any terms and conditions or agreements submitted by the bidder; and

e. Amendments and Addendums to the Contract.

These documents constitute the entirety of the contract.

Unless otherwise specifically stated in a future contract amendment, in case of any conflict between the incorporated documents, the documents shall govern in the following order of preference with number one (1) receiving preference over all other documents and with each lower numbered document having preference over any higher numbered document: 1)

Amendment or Addendum to the executed Contract with the most recent dated amendment or addendum having the highest priority, 2) Amendments to the Request for Proposal, 3) Questions and Answers, 4) the original Request for Proposal document and any Addenda or attachments, and 5) the Contractor’s submitted Proposal, including any terms and conditions or agreements that are accepted by the State.

Unless otherwise specifically agreed to in writing by the State, the State’s standard terms and conditions, as executed by the

State, shall always control over any terms and conditions or agreements submitted or included by the Contractor.

Any ambiguity or conflict in the contract discovered after its execution, not otherwise addressed herein, shall be resolved in accordance with the rules of contract interpretation as established in the State of Nebraska.

Head Office: 8251 Greensboro Drive Suite 900 Mclean VA 22102 6 | P a g e .

State of Nebraska - Nebraska State Patrol

B. Notification

Accept

(Initial)

Reject

(Initial)

Reject & Provide

Alternative within RFP

Response (Initial)

Notes/ Comments:

Carefully read and understood.

TSCTI hereby declare its compliance.

TSCTI’s Contract Manager Mr. Sandeep Singh will serve as the point of Contact for the executed contract. Below are mentioned his contact details;

Name: Sandeep Singh

Designation: Contract Manager

Contact Number: (866) 537-9191 Ext 2

Email: sledproposals@tscti.com

Bidder and State shall identify the contract manager who shall serve as the point of contact for the executed contract.

Communications regarding the executed contract shall be in writing and shall be deemed to have been given if delivered personally; electronically, return receipt requested; or mailed, return receipt requested. All notices, requests, or communications shall be deemed effective upon receipt.

Either party may change its address for notification purposes by giving notice of the change and setting forth the new address and an effective date.

C. BUYER’S REPRESENTATIVE

The State reserves the right to appoint a Buyer's Representative to manage or assist the Buyer in managing the contract on behalf of the State. The Buyer's Representative will be appointed in writing, and the appointment document will specify the extent of the Buyer's Representative authority and responsibilities. If a Buyer's Representative is appointed, the bidder will be provided a copy of the appointment document and is expected to cooperate accordingly with the Buyer's Representative.

The Buyer's Representative has no authority to bind the State to a contract, amendment, addendum, or other change or addition to the contract.

D. GOVERNING LAW (Nonnegotiable)

Notwithstanding any other provision of this contract, or any amendment or addendum(s) entered into contemporaneously or at a later time, the parties understand and agree that, (1) the State of Nebraska is a sovereign state and its authority to contract is therefore subject to limitation by the State’s Constitution, statutes, common law, and regulation; (2) this contract will be interpreted and enforced under the laws of the State of Nebraska; (3) any action to enforce the provisions of this agreement must be brought in the State of Nebraska per state law; (4) the person signing this contract on behalf of the State of Nebraska does not have the authority to waive the State's sovereign immunity, statutes, common law, or regulations; (5) the indemnity, limitation of liability, remedy, and other similar provisions of the final contract, if any, are entered into subject to the State's Constitution, statutes, common law, regulations, and sovereign immunity; and, (6) all terms and conditions of the final contract, including but not limited to the clauses concerning third party use, licenses, warranties, limitations of liability, governing law and venue, usage verification, indemnity, liability, remedy or other similar provisions of the final contract are entered into specifically subject to the State's Constitution, statutes, common law, regulations, and sovereign immunity.

The Parties must comply with all applicable local, state, and federal laws, ordinances, rules, orders, and regulations.

Head Office: 8251 Greensboro Drive Suite 900 Mclean VA 22102 7 | P a g e .

State of Nebraska - Nebraska State Patrol

E. Discounts

Accept

(Initial)

Reject

(Initial)

Reject & Provide

Alternative within RFP

Response (Initial)

Notes/ Comments:

Prices quoted shall be inclusive of ALL trade discounts. Cash discount terms of less than thirty (30) days will not be considered as part of the proposal. Cash discount periods will be computed from the date of receipt of a properly executed claim voucher or the date of completion of delivery of all items in a satisfactory condition, whichever is later.

F. Prices

Accept

(Initial)

Reject

(Initial)

Reject & Provide

Alternative within RFP

Response (Initial)

Notes/ Comments:

Prices quoted shall be net, including transportation and delivery charges fully prepaid by the bidder, F.O.B. destination named in the Request for Proposal. No additional charges will be allowed for packing, packages, or partial delivery costs.

When an arithmetic error has been made in the extended total, the unit price will govern.

All prices, costs, and terms and conditions submitted in the proposal shall remain fixed and valid commencing on the opening date of the proposal until an award is made or the Request for Proposal is cancelled.

Prices submitted on the cost proposal form, once accepted by the State, shall remain fixed for the first five (5) years of the contract. Any request for a price increase subsequent to the five (5) years of the contract shall not exceed three percent (3

%) of the price proposed for the period. Increases shall not be cumulative and will only apply to that period of the contract.

The request for a price increase must be submitted in writing to the Nebraska State Patrol a minimum of 120 days prior to the end of the current contract period. Documentation may be required by the State to support the price increase.

The State reserves the right to deny any requested price increase. No price increases are to be billed to any State

Agencies prior to written amendment of the contract by the parties.

The State will be given full proportionate benefit of any decreases for the term of the contract.

G. Beginning of work & Suspension of Services

(Initial)

Reject

(Initial)

Reject & Provide

Alternative within RFP

Response (Initial)

Notes/ Comments:

The bidder shall not commence any billable work until a valid contract has been fully executed by the State and the successful Contractor. The Contractor will be notified in writing when work may begin.

The State may, at any time and without advance notice, require the Contractor to suspend any or all performance or deliverables provided under this Contract. In the event of such suspension, the Contract Manager or POC, or their designee, will issue a written order to stop work. The written order will specify which activities are to be immediately suspended and the reason(s) for the suspension. Upon receipt of such order, the Contractor shall immediately comply with its terms and take all necessary steps to mitigate and eliminate the incurrence of costs allocable to the work affected by the order during the period of suspension. The suspended performance or deliverables may only resume when the State provides the

Contractor with written notice that such performance or deliverables may resume, in whole or in part.

Head Office: 8251 Greensboro Drive Suite 900 Mclean VA 22102 8 | P a g e .

H. Amendment

(Initial)

Reject

(Initial)

Reject & Provide

Alternative within RFP

Response (Initial)

Notes/ Comments:

This Contract may be amended in writing, within scope, upon the agreement of both parties.

I. Change Orders or substitutes

(Initial)

Reject

(Initial)

Reject & Provide

Alternative within RFP

Response (Initial)

Notes/ Comments:

TSCTI understands and agrees to the State's requirements regarding changes to the contract and commits to a rigorous and transparent change management process. TSCTI will ensure compliance by preparing detailed written descriptions and itemized cost sheets for any required changes, obtaining written approval from the State before implementation, and adhering strictly to the terms of the amended contract. We will establish a dedicated change management team led by our

Contract Manager, Mr. Sandeep Singh, to oversee all changes, ensure timely and accurate documentation, facilitate smooth negotiations, and maintain open communication with the

Nebraska State Patrol to secure prior written approvals for any substitutions. This approach guarantees that all modifications are implemented effectively and in accordance with contractual obligations, ensuring seamless project execution and continuous alignment with the State's requirements.

The State and the Contractor, upon the written agreement, may make changes to the contract within the general scope of the

Request for Proposal. Changes may involve specifications, the quantity of work, or such other items as the State may find necessary or desirable. Corrections of any deliverable, service, or work required pursuant to the contract shall not be deemed a change. The Contractor may not claim forfeiture of the contract by reasons of such changes.

The Contractor shall prepare a written description of the work required due to the change and an itemized cost sheet for the change. Changes in work and the amount of compensation to be paid to the Contractor shall be determined in accordance with applicable unit prices if any, a pro-rated value, or through negotiations. The State shall not incur a price increase for changes that should have been included in the Contractor’s proposal, were foreseeable, or result from difficulties with or failure of the Contractor’s proposal or performance.

No change shall be implemented by the Contractor until approved by the State, and the Contract is amended to reflect the change and associated costs, if any. If there is a dispute regarding the cost, but both parties agree that immediate implementation is necessary, the change may be implemented, and cost negotiations may continue with both Parties retaining all remedies under the contract and law.

***Contractor will not substitute any item that has been awarded without prior written approval of Nebraska State

Patrol***

Head Office: 8251 Greensboro Drive Suite 900 Mclean VA 22102 9 | P a g e .

State of Nebraska - Nebraska State Patrol

J. Record of Vendor Performance

Accept

(Initial)

Reject

(Initial)

Reject & Provide

Alternative within RFP

Response (Initial)

Notes/ Comments:

Carefully read and understood.

TSCTI hereby declare its compliance.

Solution:

To ensure the successful implementation of the new Computer Aided Dispatch (CAD) and Mobile Data System for the

Nebraska State Patrol, TSCTI will implement a robust performance monitoring and evaluation strategy. This strategy will include establishing clear Key Performance Indicators (KPIs), conducting regular assessments, and utilizing automated monitoring tools. Below is a detailed solution tailored to the Nebraska State Patrol (NSP)’s project's requirements and scope.

1. Key Performance Indicators (KPIs): TSCTI will define KPIs that are aligned with the contract requirements and the specific needs of the NSP CAD and Mobile Data System- QED project. These KPIs will cover KPI specifications as detailed in the Fig 1 and Specific KPIs for NSP Project as detailed across Table 1:

Figure 1: KPI Specifications

Table 1

Specific KPIs for NSP Project

System Uptime: 99.9% uptime per calendar month.

Response Time: Average time taken to dispatch troopers to calls.

Data Accuracy: Percentage of accurate data entries and migrations.

User Training Completion: Percentage of users successfully trained within the specified timeline.

Incident Resolution Time: Average time to resolve Priority 1 and Priority 2 issues post-implementation.

2. Regular Assessments: TSCTI will conduct regular internal assessments to ensure that all KPIs are being met and to identify any deviations from expected standards. We will conduct weekly reviews to track progress against the KPIs and address any emergency issues faced by the NSP. Under the leader of TSCTI’s Project Manager- David Varney, we will perform detailed monthly audits to evaluate the overall system performance, data accuracy, and user satisfaction. We will provide comprehensive reports to NSP detailing achievements, areas of improvement, and corrective actions taken. For instance, for the Cambridge Police Department, TSCTI has been utilizing performance dashboards to provide real time visibility into the key metrics and trends as showcased below in Fig 2.

Furthermore, TSCTI will implement automated tools and software to continuously monitor performance metrics, allowing for real time tracking, and alerts for any potential issues. We will deploy monitoring tools like; Pingdom for system uptime monitoring, New Relic for response time monitoring, and Talend Data Quality for data integrity monitoring. All the tools will be integrated in the system to generate real time report and will provide real time tracking of the system performance including the system uptime, response time, and data integrity. We will configure the automated alerts to notify the relevant personnel of any deviations from KPIs or potential issues that need immediate attention. We will use advanced analytics tools like Tableau and PowerBI to generate insights from performance data and support data-driven decision making.

Head Office: 8251 Greensboro Drive Suite 900 Mclean VA 22102 10 | P a g e .

Figure 2: Quality Control KPI Dashboard

The State may document the vendor’s performance, which may include, but is not limited to, the customer service provided by the vendor, the ability of the vendor, the skill of the vendor, and any instance(s) of products or services delivered or performed which fail to meet the terms of the purchase order, contract, and/or Request for Proposal specifications. In addition to other remedies and options available to the State, the State may issue one or more notices to the vendor outlining any issues the State has regarding the vendor’s performance for a specific contract (“Vendor Performance Notice”). The

State may also document the Vendor’s performance in a report, which may or may not be provided to the vendor (“Vendor

Improvement Request”). The Vendor shall respond to any Vendor Performance Notice or Vendor Improvement Request in accordance with such notice or request. At the sole discretion of the State, such Vendor Performance Notices and Vendor

Improvement Requests may be placed in the State’s records regarding the vendor and may be considered by the State and held against the vendor in any future contract or award opportunity.

K. Corrective Action Plan

(Initial)

Reject

(Initial)

Reject & Provide

Alternative within RFP

Response (Initial)

Notes/ Comments:

Head Office: 8251 Greensboro Drive Suite 900 Mclean VA 22102 11 | P a g e .

State of Nebraska - Nebraska State Patrol

Solution:

TSCTI has been providing CAD and Mobile Data System- QED , for more than 27 years and have successfully completed and deployed more than 50 similar systems and have served more than 200 users. Over the tenure of more than two decades, TSCTI has never faced a performance issue. However, in the event TSCTI fails to meet the NSP- Section V

SOW requirements, we understand NSP require TSCTI to complete the Corrective Action Plan (CAP). TSCTI’s CAP is structured response that details the steps TSCTI will take to address and resolve the identified performance issues within the specified timelines. TSCTI’s Contract Manager is responsible for assessing TSCTI’s performance status and has issues a comprehensive outline of the CAP process. Below we have detailed the CAP Process we will implement;

#1. Issue Identification: TSCTI will request NSP to conduct a thorough review of TSCTI’s performance against the SOW requirements and will specify the performance issues and failures will be documented. TSCTI’s Contract Manager will be in direct communication with NSP to understand the identified issues, and will discuss the deadline for the submission of executive CAP.

#2 CAP Development: TSCTI will provide a detailed written response to each identified issue which will include a precise description of the issue, a detailed plan of corrective actions to resolve the issue, and timeline for the completion of each corrective action.

#3. Submission CAP: TSCTI will submit the CAP to NSP for review and acceptance. Upon NSP’s assessment of CAP and assurance that it comprehensively addresses all he identified issues, including the appropriate corrective actions and timelines. If the CAP meets NSP’s requirement, it will be considered as “accepted” and the status of CAP will be updated to the “Pending Approval”. If the CAP is deemed insufficient, it will be considered “denied”, upon which, TSCTI will revise and resubmit.

#4 Implementation and Monitoring: Upon acceptance, under the leadership of Contract Manager- Sandeep Singh (PMP certified), TSCTI will implement the corrective actions as outlined in the CAP. TSCTI will request NSP to review

TSCTI’s progress to ensure timely and effective resolution of the issues. TSCTI will provide regular updates on the status of the corrective action and NSP will review these updates to verify the compliance and progress.

#5 Resolution and Closure: TSCTI upon completion of the corrective actions, will notify NSP and will verify the resolution of the issues. If NSP is satisfied with the resolution, the CAP will be closed, and the status will be updated to

“Closed”. If the issue persist, further actions may be required.

TSCTI’s understanding for the consequences of non-compliance- TSCTI understands that failure to provide an adequate

CAP, or failure to implement the CAP as per the agreed timelines, may result in NSP withholding payments. We understand and comply with the terms of NSP that it may also exercise any legal remedies available, including contract termination.

TSCTI will use the Corrective Action Documents section within the review dashboard to manage and track the status of each CAP. The system will automatically set, and update statuses based on the actions performed by TSCTI and NSP.

Authorized users will have access to view, add, modify, and update the findings and corrective actions. Below in the

Table 2, we have provided the actions, descriptions, responsibility, timeline, and status codes to refer, Action Description Responsibility Timeline Status Codes

Issue Identification The State identifies specific performance issues where TSCTI failed to meet the SOW requirements.

NSP Within 7 days of issue discovery

Not Started

Notify TSCTI Communicate identified issues to TSCTI, specifying the deadline for CAP submission.

NSP Within 3 days of issue discovery

Not Started

Develop CAP TSCTI drafts a detailed response to each issue, including corrective actions and timelines.

TSCTI Within 10 days of notification

Pending Action

Submit CAP Submit the CAP to the State for review and acceptance.

TSCTI Within 14 days of notification

Pending Submission

Review CAP Assess the CAP to ensure it addresses all identified issues comprehensively.

NSP Within 5 days of submission

Pending Approval

Revise CAP (if needed)

If the CAP is denied, revise and resubmit the CAP. TSCTI Within 5 days of denial

Denied

Implement Corrective Actions

Implement the corrective actions as outlined in the accepted CAP.

TSCTI As per CAP timeline

Pending Approval/Action

Monitor Progress Monitor TSCTI’s progress and verify the completion of corrective actions.

NSP Ongoing until resolution

Pending Approval/Action

Head Office: 8251 Greensboro Drive Suite 900 Mclean VA 22102 12 | P a g e .

State of Nebraska - Nebraska State Patrol

Provide Updates Regular updates on the status of corrective actions to the State.

TSCTI Weekly/Bi-weekly as agreed

Pending Approval/Action

Verify Resolution Verify that all issues have been resolved satisfactorily. NSP Upon notification of completion

Pending Approval

Close CAP If satisfied with the resolution, close the CAP and update status to "Closed."

NSP Within 3 days of verification

Closed

Reopen CAP (if needed)

If issues persist, reopen the CAP for further action. NSP As necessary Reopened

Withhold Payments Withhold payments if TSCTI fails to provide an adequate CAP or resolve issues within the specified timelines.

NSP As necessary N/A

Exercise Legal Remedies

Exercise any legal remedies available, including contract termination if TSCTI fails to comply with CAP requirements.

NSP As necessary N/A

TSCTI is committed to addressing and resolving any performance issues in a timely and effective manner. By following the structured CAP process outlined above, we aim to ensure compliance with the SOW requirements and maintain a successful partnership with the State. The CAP-aligned table provides a detailed and technical framework for managing corrective actions, ensuring transparency, accountability, and efficient resolution of issues.

If Contractor is failing to meet the Scope of Work, in whole or in part, the State may require the Contractor to complete a corrective action plan (“CAP”). The State will identify issues with the Contractor’s performance and will set a deadline for the CAP to be provided. The Contractor must provide a written response to each identified issue and what steps the

Contractor will take to resolve each issue, including the timeline(s) for resolution. If the Contractor fails to adequately provide the CAP in accordance with this section, fails to adequately resolve the issues described in the CAP, or fails to resolve the issues described in the CAP by the relevant deadline, the State may withhold payments and exercise any legal remedy available.

L. Notice of Potential Contractor Breach

(Initial)

Reject

(Initial)

Reject & Provide

Alternative within RFP

Response (Initial)

Notes/ Comments:

If Contractor breaches the contract or anticipates breaching the contract, the Contractor shall immediately give written notice to the State. The notice shall explain the breach or potential breach, a proposed cure, and may include a request for a waiver of the breach if so desired. The State may, in its discretion, temporarily or permanently waive the breach. By granting a waiver, the State does not forfeit any rights or remedies to which the State is entitled by law or equity, or pursuant to the provisions of the contract. Failure to give immediate notice, however, may be grounds for denial of any request for a waiver of a breach.

M. Breach

(Initial)

Reject

(Initial)

Reject & Provide

Alternative within RFP

Response (Initial)

Notes/ Comments:

Either Party may terminate the contract, in whole or in part, if the other Party breaches its duty to perform its obligations under the contract in a timely and proper manner. Termination requires written notice of default and a thirty (30) calendar day (or longer at the non-breaching Party’s discretion considering the gravity and nature of the default) cure period. Said notice shall be delivered by email to the contractor’s point of contact with acknowledgement from the contractor, Certified

Mail - Return Receipt Requested, or in person with proof of delivery. Allowing time to cure a failure or breach of contract

Head Office: 8251 Greensboro Drive Suite 900 Mclean VA 22102 13 | P a g e .

State of Nebraska - Nebraska State Patrol does not waive the right to immediately terminate the contract for the same or different contract breach which may occur at a different time. In case of default of the Contractor, the State may contract the service from other sources and hold the

Contractor responsible for any excess cost occasioned thereby.

The State’s failure to make payment shall not be a breach, and the Contractor shall retain all available statutory remedies and protections.

N. Non- Waiver of Breach

(Initial)

Reject

(Initial)

Reject & Provide

Alternative within RFP

Response (Initial)

Notes/ Comments:

The acceptance of late performance with or without objection or reservation by a Party shall not waive any rights of the

Party nor constitute a waiver of the requirement of timely performance of any obligations remaining to be performed.

O. Severability

(Initial)

Reject

(Initial)

Reject & Provide

Alternative within RFP

Response (Initial)

Notes/ Comments:

If any term or condition of the contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and conditions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the provision held to be invalid or illegal.

P. Indemnification

(Initial)

Reject

(Initial)

Reject & Provide

Alternative within RFP

Response (Initial)

Notes/ Comments:

1. GENERAL

The Contractor agrees to defend, indemnify, and hold harmless the State and its employees, volunteers, agents, and its elected and appointed officials (“the indemnified parties”) from and against any and all third party claims, liens, demands, damages, liability, actions, causes of action, losses, judgments, costs, and expenses of every nature, including investigation costs and expenses, settlement costs, and attorney fees and expenses (“the claims”), sustained or asserted against the State for personal injury, death, or property loss or damage, arising out of, resulting from, or attributable to the willful misconduct, negligence, error, or omission of the Contractor, its employees, Subcontractors, consultants, representatives, and agents, resulting from this contract, except to the extent such Contractor liability is attenuated by any action of the State which directly and proximately contributed to the claims.

2. INTELLECTUAL PROPERTY

The Contractor agrees it will, at its sole cost and expense, defend, indemnify, and hold harmless the indemnified parties from and against any and all claims, to the extent such claims arise out of, result from, or are attributable to, the actual or alleged infringement or misappropriation of any patent, copyright, trade secret, trademark, or confidential information of any third party by the Contractor or its employees, Subcontractors, consultants, representatives, and agents; provided, however, the State gives the Contractor prompt notice in writing of the claim. The Contractor may not settle any

Head Office: 8251 Greensboro Drive Suite 900 Mclean VA 22102 14 | P a g e .

State of Nebraska - Nebraska State Patrol infringement claim that will affect the State’s use of the Licensed Software without the State’s prior written consent, which consent may be withheld for any reason.

If a judgment or settlement is obtained or reasonably anticipated against the State’s use of any intellectual property for which the Contractor has indemnified the State, the Contractor shall, at the Contractor’s sole cost and expense, promptly modify the item or items which were determined to be infringing, acquire a license or licenses on the State’s behalf to provide the necessary rights to the State to eliminate the infringement, or provide the State with a non-infringing substitute that provides the State the same functionality. At the State’s election, the actual or anticipated judgment may be treated as a breach of warranty by the Contractor, and the State may receive the remedies provided under this Request for Proposal.

3. PERSONNEL

The Contractor shall, at its expense, indemnify and hold harmless the indemnified parties from and against any claim with respect to withholding taxes, worker’s compensation, employee benefits, or any other claim, demand, liability, damage, or loss of any nature relating to any of the personnel, including subcontractor’s and their employees, provided by the

Contractor.

4. SELF-INSURANCE

The State of Nebraska is self-insured for any loss and purchases excess insurance coverage pursuant to Neb. Rev. Stat. §

81-8,239.01. If there is a presumed loss under the provisions of this agreement, Contractor may file a claim with the Office of Risk Management pursuant to Neb. Rev. Stat. §§ 81-8,239.01 to 81-8,306 for review by the State Claims Board. The

State retains all rights and immunities under the State Miscellaneous (Neb. Rev. Stat. § 81-8,294), Tort (Neb. Rev. Stat. §

81-8,209), and Contract Claim Acts (Neb. Rev. Stat. § 81-8,302), as outlined in state law and accepts liability under this agreement only to the extent provided by law.

5. ALL REMEDIES AT LAW

Nothing in this agreement shall be construed as an indemnification by one Party of the other for liabilities of a Party or third parties for property loss or damage or death or personal injury arising out of and during the performance of this contract.

Any liabilities or claims for property loss or damages or for death or personal injury by a Party or its agents, employees, contractors or assigns or by third persons, shall be determined according to applicable law.

6.

The Parties acknowledge that Attorney General for the State of Nebraska is required by statute to represent the legal interests of the State, and that any provision of this indemnity clause is subject to the statutory authority of the Attorney General.

Q. Attorney’s Fees

(Initial)

Reject

(Initial)

Reject & Provide

Alternative within RFP

Response (Initial)

Notes/ Comments:

In the event of any litigation, appeal, or other legal action to enforce any provision of the contract, the Parties agree to pay all expenses of such action, as permitted by law and if ordered by the court, including attorney's fees and costs, if the other

Party prevails.

R. Liquidated Damages

(Initial)

Reject

(Initial)

Reject & Provide

Alternative within RFP

Response (Initial)

Notes/ Comments:

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State of Nebraska - Nebraska State Patrol

Solution:

Upon the agreement of go-live and sign-off dates within 90 days of the contract's effective date, these dates become mandatory contractual milestones. To ensure both parties are aligned and understand the implications, the following framework outlines the key points:

1. Go Live and Sign Off Dates: To go live and sign off dates must be agreed upon within 90 days of the effective date.

We understand the once there is an agreement between TSCTI and NSP, these dates are mandatory.

2. Go Live Grace Period: We understand that 120 days from the agreed go-live date, NSP will grant TSCTI a period of grace, after completion of the same, will charge a penalty of $1,000 per day for each day past 120 days grace period.

3. Sign Off Grace Period: NSP will grant TSCTI a grace period of 120 days from the agreed sign off date and will start charging $500 per day for each day past the 120-day grace period.

4. Support- related issues: For Priority 1 items where the error of Level 1 are raised containing the errors affecting multiple users, critical operations, and/or database functionality (Level 1 Error). TSCTI will take resolution time for up to 5 days, and agree to pay a penalty of $500 per day for each day unresolved past 5 days. Priority 2 items where the errors of level 2 are raised: These errors affect the productive use and operations of the system but may not have a procedural workaround accepted by the Customer. TSCTI aims to resolve Level 2 Errors within 24 hours. Similar to Level 1, after resolution, a new acceptance test period begins. If not resolved within 10 days, we agree that a penalty of $250 per day applies until the issue is resolved.

TSCTI ensures NSP for the standard support provided during business hours, Monday to Friday, 9:00 AM to 5:00 PM

(local time), and emergency support available 24*7 for critical issues via a dedicated hotline. TSCTI ensures immediate response within 1 hour for critical issues reported through emergency hotline, prioritizing swift resolution to minimize operational downtime. We will provide onsite support and it will be available upon request for critical issues that cannot be resolved remotely. TSCTI guarantees onsite presence within 24 hours of the request to address urgent system failures or complex issues. In the event of a system crash, TSCTI initiates an immediate remote diagnostic within 1 hour to identify the root cause. If necessary, onsite support is deployed promptly to rectify the issue, with continuous updates provided every 2 hours until full system restoration is achieved. Emergency onsite visits or extended support beyond standard agreements may incur additional fees, ensuring clarity in cost structure for unforeseen support needs.

TSCTI’s escalation procedures are looked upon by the dedicated Contract Manager- Sandeep Singh, who will efficiently handle the escalated issues. As part of continuous improvement initiatives, TSCTI offers Business Process Reviews

(BPR) to optimize system utilization and address operational gaps effectively. The service include, comprehensive review of system utilization by NSP, identification of strengths and areas for improvement, assessment of training needs and software deficiencies, assessment of training needs and software deficiencies, and escalation of unresolved support items for expedited resolution post-review.

Upon agreement of go-live and sign-off dates by the parties, which must be agreed on within 90 days of effective date, these dates will be mandatory contractual milestones.

Go-live grace period: 120 days

Sign-off grace period: 120 days

The Contractor must achieve a go-live that is signed off as acceptable by the Customer. Upon 120 days past the agreed upon go-live date, a penalty will be enacted on the Contractor for $1,000/day for each day past the 120 days grace period.

The Contractor must achieve a sign-off that is signed off as acceptable by the Customer. Upon 120 days past the agreed upon sign-off date, a penalty will be enacted on the Contractor for $500/day for each day past the 120 days grace period.

For support related issues:

☒Priority (1) Items

• If the issue is not resolved as state within (5) days, a $500 a day penalty will be assessed until it is resolved.

☒Priority (2) items

• If the issue is not resolved within (10) days, a $250 a day penalty will be assessed until it is resolved.

Head Office: 8251 Greensboro Drive Suite 900 Mclean VA 22102 16 | P a g e .

State of Nebraska - Nebraska State Patrol

S. Assignment, Sale, or Merger

Accept

(Initial)

Reject

(Initial)

Reject & Provide

Alternative within RFP

Response (Initial)

Notes/ Comments:

Either Party may assign the contract upon mutual written agreement of the other Party. Such agreement shall not be unreasonably withheld.

The Contractor retains the right to enter into a sale, merger, acquisition, internal reorganization, or similar transaction involving Contractor’s business. Contractor agrees to cooperate with the State in executing amendments to the contract to allow for the transaction. If a third party or entity is involved in the transaction, the Contractor will remain responsible for performance of the contract until such time as the person or entity involved in the transaction agrees in writing to be contractually bound by this contract and perform all obligations of the contract.

T. Contracting with other Nebraska Political Subdivision of the State or another state

(Initial)

Reject

(Initial)

Reject & Provide

Alternative within RFP

Response (Initial)

Notes/ Comments:

The Contractor may, but shall not be required to, allow agencies, as defined in Neb. Rev. Stat. § 81-145(3), to use this contract. The terms and conditions, including price, of the contract may not be amended. The State shall not be contractually obligated or liable for any contract entered into pursuant to this clause. A listing of Nebraska political subdivisions may be found at the website of the Nebraska Auditor of Public Accounts.

The Contractor may, but shall not be required to, allow other states, agencies or divisions of other states, or political subdivisions of other states to use this contract. The terms and conditions, including price, of this contract shall apply to any such contract, but may be amended upon mutual consent of the Parties. The State of Nebraska shall not be contractually or otherwise obligated or liable under any contract entered into pursuant to this clause. The State shall be notified if a contract is executed based upon this contract.

U. Force Majeure

(Initial)

Reject

(Initial)

Reject & Provide

Alternative within RFP

Response (Initial)

Notes/ Comments:

Neither Party shall be liable for any costs or damages, or for default resulting from its inability to perform any of its obligations under the contract due to a natural or manmade event outside the control and not the fault of the affected Party

(“Force Majeure Event”) that was not foreseeable at the time the Contract was executed. The Party so affected shall immediately make a written request for relief to the other Party and shall have the burden of proof to justify the request.

The other Party may grant the relief requested; relief may not be unreasonably withheld. Labor disputes with the impacted

Party’s own employees will not be considered a Force Majeure Event.

V. Confidentiality

(Initial)

Reject

(Initial)

Reject & Provide

Alternative within RFP

Response (Initial)

Notes/ Comments:

Head Office: 8251 Greensboro Drive Suite 900 Mclean VA 22102 17 | P a g e .

State of Nebraska - Nebraska State Patrol

All materials and information provided by the Parties or acquired by a Party on behalf of the other Party shall be regarded as confidential information. All materials and information provided or acquired shall be handled in accordance with federal and state law, and ethical standards. Should said confidentiality be breached by a Party, the Party shall notify the other Party immediately of said breach and take immediate corrective action.

It is incumbent upon the Parties to inform their officers and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5 U.S.C. 552a (i)(1), which is made applicable by 5 U.S.C. 552a

(m)(1), provides that any officer or employee, who by virtue of his/her employment or official position has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the

Privacy Act or regulations established thereunder, and who knowing that disclosure of the specific material is prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.

W. Early Termination

(Initial)

Reject

(Initial)

Reject & Provide

Alternative within RFP

Response (Initial)

Notes/ Comments:

The contract may be terminated as follows:

1. The State and the Contractor, by mutual written agreement, may terminate the contract, in whole or in part, at any time.

2. The State, in its sole discretion, may terminate the contract, in whole or in part, for any reason upon thirty (30) calendar day’s…