Solicitation 54000210609.pdf

State of South Carolina

COMPETITIVE NEGOTIATIONS

Solicitation Number:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400021069 05/17/2021 Kimber H. Craig, CPPO, CPM 803-737-2527 kcraig@mmo.sc.gov 1201 Main Street, Suite 600 Columbia, SC 29201

DESCRIPTION: Digital Government Services

USING GOVERNMENTAL UNIT: STATEWIDE CONTRACT

SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: http://www.procurement.sc.gov SUBMIT OFFER BY (Opening Date/Time): June 25, 2021 at 11:00 a.m. (See Section L - Instructions, Conditions, and Notices to Offerors) QUESTIONS MUST BE RECEIVED BY: June 7, 2021 at 2:00 p.m. (See Section L - Instructions, Conditions, and Notices to Offerors) NUMBER OF COPIES TO BE SUBMITTED: On-line Submission CONFERENCE TYPE: Pre-Proposal Conference DATE & TIME: May 26, 2021 at 10:00 a.m.

(As appropriate, see Section L - Instructions, Conditions, and Notices to Offerors)

LOCATION: WebEx Conference E-mail the Procurement Officer for login information

AWARD &

AMENDMENTS

Award will be posted on November 29, 2021. The award, this solicitation, any amendments, and any related notices will be posted at the following web address: http://www.procurement.sc.gov

11. TABLE OF CONTENTS

(X) SEC. DESCR

IPTION

PAGE(S) (X) SEC. DESC

RIPTI

PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A COVER PAGE/PAGE TWO Cover I CONTRACT CLAUSES B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE

K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

F DELIVERIES OR PERFORMANCE

G CONTRACT ADMINISTRATION DATA L INSTRUCTIONS, CONDITIONS, AND NOTICES TO

H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

You must submit a signed copy of this form with Your Offer. In accordance with the solicitation the undersigned agrees, if this offer is accepted within one hundred and eighty (180) calendar days from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule. (See Section L - Instructions, Conditions, and Notices to Offerors)

NAME OF OFFEROR

(full legal name of business submitting the offer)

Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror. The entity named as the offeror must be a single and distinct legal entity. Do not use the name of a branch office or a division of a larger entity if the branch or division is not a separate legal entity, i.e., a separate corporation, partnership, sole proprietorship, etc.

AUTHORIZED SIGNATURE

(Person must be authorized to submit binding offer to contract on behalf of Offeror.)

DATE SIGNED

TITLE

(business title of person signing above)

STATE VENDOR NO.

(Register to Obtain S.C. Vendor No. at www.procurement.sc.gov)

PRINTED NAME

(printed name of person signing above)

STATE OF INCORPORATION

(If you are a corporation, identify the state of incorporation.)

OFFEROR'S TYPE OF ENTITY: (Check one) (See " Section L - Instructions, Conditions, and Notices to Offerors)

___ Sole Proprietorship ___ Partnership ___ Other_____________________________

___ Corporate entity (not tax-exempt) ___ Corporation (tax-exempt) ___ Government entity (federal, state, or local)

COVER PAGE

mailto:kcraig@mmo.sc.gov

PAGE TWO

(Return Page Two with Your Offer)

HOME OFFICE ADDRESS (Address for offeror's home office / principal place of business)

NOTICE ADDRESS (Address to which all procurement and contract related notices should be sent.) (See "Notice" clause)

Area Code - Number - Extension Facsimile

E-mail Address

PAYMENT ADDRESS (Address to which payments will be sent.) (See "Payment and Interest" clause)

____Payment Address same as Home Office Address ____Payment Address same as Notice Address (check only one)

ORDER ADDRESS (Address to which purchase orders will be sent) (See "Purchase Orders and "Invoicing Instructions" clauses)

____Order Address same as Home Office Address ____Order Address same as Notice Address (check only one)

ACKNOWLEDGMENT OF AMENDMENTS

Offerors acknowledges receipt of amendments by indicating amendment number and its date of issue. (See Section L - Instructions, Conditions, and Notices to Offerors)

Amendment No. Amendment Issue Date

Amendment No. Amendment Issue Date

Amendment No. Amendment Issue Date

Amendment No. Amendment Issue Date

DISCOUNT FOR

PROMPT PAYMENT

(See "Discount for Prompt

Payment" clause)

10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) _____Calendar Days (%)

PREFERENCES - A NOTICE TO VENDORS (SEP. 2009): On June 16, 2009, the South Carolina General Assembly rewrote the law governing preferences available to in-state vendors, vendors using in-state subcontractors, and vendors selling in-state or US end products. This law appears in Section 11-35-1524 of the South Carolina Code of Laws. A summary of the new preferences is available at www.procurement.sc.gov/preferences . ALL THE PREFERENCES MUST BE CLAIMED AND ARE APPLIED BY LINE ITEM, REGARDLESS OF WHETHER AWARD IS MADE BY ITEM OR LOT. VENDORS ARE CAUTIONED TO CAREFULLY REVIEW THE STATUTE BEFORE CLAIMING ANY PREFERENCES. THE REQUIREMENTS TO QUALIFY HAVE CHANGED. IF YOU REQUEST A PREFERENCE, YOU ARE CERTIFYING THAT YOUR OFFER QUALIFIES FOR THE PREFERENCE YOU'VE CLAIMED. IMPROPERLY REQUESTING A PREFERENCE CAN

HAVE SERIOUS CONSEQUENCES. [11-35-1524(E)(4)&(6)]PREFERENCES DO NOT APPLY

PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE: Please provide the address and phone number for your in-state office in the space provided below. An in-state office is necessary to claim either the Resident Vendor Preference (11-35- 1524(C)(1)(i)&(ii)) or the Resident Contractor Preference (11-35-1524(C)(1)(iii)). Accordingly, you must provide this information to qualify for the preference. An in-state office is not required, but can be beneficial, if you are claiming the Resident Subcontractor Preference (11-35-1524(D)). PREFERENCES DO NOT APPLY

____In-State Office Address same as Home Office Address ____In-State Office Address same as Notice Address (check only one) PAGE TWO End of PAGE TWO http://www.procurement.sc.gov/preferences

Request for Proposals No. 540021069

B. SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 General

This contract is to provide the state’s digital government portal and payment services (“Digital Government Services”).

The Contractor shall provide all services and materials to accomplish the requirements as specified herein.

B.2 Contract Type

This is an indefinite quantity, indefinite delivery contract with firm-fixed unit prices as specified below.

B.3 Statewide Contract

This contract is established as a statewide contract available for use by all South Carolina public procurement units.

B.4 Pricing (to be completed at time of award)

Pricing is described in Attachment B to this contract, which Attachment is incorporated into this Section B by reference.

B.5 Technical Approach and Staffing

Award of this contract is in consideration of the Contractor’s technical approach and staff qualifications, as presented in its proposal submitted in response to the RFP.

Therefore, so much of the proposal as covers the Contractor’s proposed approach and staffing will be incorporated into the contract as a separate attachment. Any inconsistency between the contract and the attachment shall be resolved by giving precedence as provided in the contract clause titled “Contract - Order of Precedence

– Integration.”

C. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Statement of Work (to be completed at time of award)

The Statement of Work is attached to this contract as Attachment C, which Attachment is incorporated into this Section C by reference.

Request for Proposals No. 5400021069

D. PACKAGING AND MARKING

D.1 Deliverables

Deliverables specified in the Statement of Work shall be provided to the address stated therein. If no address is specified, deliveries shall be made to the following address:

Office of Technology and Information Services South Carolina Department of Administration 4430 Broad River Road Columbia, SC 29210

D.2 Payment of Postage and Fees

All postage and fees related to the submission of information, including forms, reports, etc., to the Procurement Officer, the using governmental unit, or the person(s) designated to receive deliverables, shall be the responsibility of the Contractor.

D.3 Marking Deliverables

The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract. Mark deliverables for the appropriate office and person.

E. INSPECTION AND ACCEPTANCE

Inspection of Services will be in accordance with Attachment C, Exhibit 3.0 – Performance Model.

F. DELIVERIES OR PERFORMANCE

F.1 Period of Performance

The State anticipates awarding a contract with an initial term of four (4) years with three (3) additional one-year renewal options for a total potential maximum contract of seven (7) years.

The Effective Date of this contract is the first day as specified on the final Statement of Award and also the first day of the transition period. The transition period is the period between the Effective Date and the Commencement Date of the contract that covers the transition of services from the Incumbent Service Provider contract to the awarded Offeror of this Solicitation. The Commencement Date is the date the Parties agree upon, in writing, as the date on which Service Provider begins providing the

Services to the first Customer. The initial term of this agreement is four (4) years which covers both the transition period and services period following the Commencement Date.

At the end of the initial term, and at the end of each renewal term, this contract shall automatically renew for a period of one (1) year unless Offeror receives notice that the state elects not to renew the contract at least ninety (90) days prior to the date of renewal. Regardless, this contract expires no later than the last date stated on the final statement of award.

F.2 Deliverables

Deliverables are described in Attachment C, Exhibit 3.1 (Service Level Matrix).

F.3 State Property

All deliverables become the property of the State.

F.4 State Comments and/or Approvals

Requirements for review and acceptance of Deliverables are specified in Attachment C, Exhibit 2.1.1 (Cross-Functional Statement of Work), Section 5.4 Deliverables Management.

F.5 Key Personnel

Requirements for key personnel are specified in Attachment C, Exhibit 1.4 (General Provisions), Section 5.1 Key Personnel.

F.6 Agency Business Hours

The Agency’s business hours are 8:30 am to 5:00 pm, Monday – Friday, except State and federal holidays. The Contractor shall coordinate work hours at government facilities with the OTIS Program Manager. The Contractor shall not perform work at government facilities on holidays or other non-business days without prior approval of the OTIS Program Manager.

In coordination with the OTIS Program Manager, work plan schedules should take into consideration agency business hours in regards to scheduling and performance of work by the State and by the Contractor when working at the agency facilities.

F.7 Notice Regarding Late Delivery

In the event the Contractor anticipates that it will not be able to meet any delivery and/or performance requirements identified in order, it shall immediately notify the

Program Manager orally and in writing giving pertinent rationale and proposed corrective action(s).

G. CONTRACT ADMINISTRATION DATA

G.1 Procurement Officer’s Authority

All authority regarding this procurement is vested solely with the responsible Procurement Officer. Unless specifically delegated in writing, the Procurement Officer is the only State official authorized to bind the State with regard to this procurement or the resulting contract.

H. SPECIAL CONTRACT REQUIREMENTS

[Intentionally Omitted]

Part II-Contract Clauses

I. MANDATORY CONTRACT CLAUSES

I.1 Mandatory Clauses – State

Definitions

Except as modified herein, terms shall have the meanings ascribed to them in Section 11-35-310.

AUTHORITY means the State Fiscal Accountability Authority or its successor in interest.

CONTRACT means the agreement between the State and the Contractor.

CONTRACTOR means the Offeror awarded the Contract.

COVER PAGE means Section A of the Contract, signed by the Contractor.

IN WRITING, WRITING, or WRITTEN means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

PAGE TWO means the second page of Section A of the Contract, which is labeled Page Two.

PROCUREMENT OFFICER means the person, or his successor, identified as such on either the Cover Page, an amendment, or an award notice.

YOU and YOUR means Contractor.

STATE means the Using Governmental Unit(s) identified on the Cover Page.

SUBCONTRACTOR means any person you contract with to perform or provide any part of the work.

US or WE means the using governmental unit.

USING GOVERNMENTAL UNIT means the unit(s) of government identified as such on the Cover Page. If the Cover Page identifies the Using Governmental Unit as “Statewide Contract,” the phrase “Using Governmental Unit” means any South Carolina Public Procurement Unit [§ 11-35- 4610(5)] that has submitted a Purchase Order to you pursuant to the contract resulting from this solicitation.

WORK means all labor, materials, equipment, services, or property of any type, provided or to be provided by the Contractor to fulfill the Contractor’s obligations under the Contract.

Choice-Of-Law

The Agreement, any dispute, claim, or controversy relating to the Agreement, and all the rights and obligations of the parties shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State of South Carolina, except its choice of law rules. As used in this paragraph, the term “Agreement” means any transaction or agreement arising out of, relating to, or contemplated by the solicitation.

Contract Awarded Pursuant to Code

This contract is formed pursuant to and governed by the South Carolina Consolidated Procurement Code and is deemed to incorporate all applicable provisions thereof and the ensuing regulations.

Disputes

(1) Choice-of-Forum. All disputes, claims, or controversies relating to the Agreement shall be resolved exclusively by the appropriate Chief Procurement Officer in accordance with Title 11, Chapter 35, Article 17 of the South Carolina Code of Laws, or in the absence of jurisdiction, only in the Court of Common Pleas for, or a federal court located in, Richland County, State of South Carolina. Contractor agrees that any act by the Government regarding the Agreement is not a waiver of either the Government's sovereign immunity or the Government's immunity under the Eleventh Amendment of the United States Constitution. As used in this paragraph, the term "Agreement" means any contract, transaction or agreement arising out of, relating to, or contemplated by the solicitation. (2) Service of Process. Contractor consents that any papers, notices, or process necessary or proper for the initiation or continuation of any disputes, claims, or controversies relating to the Agreement; for any court action in connection therewith; or for the entry of judgment on any award made, may be served on Contractor by certified mail (return receipt requested) addressed to Contractor at the address provided as the Notice Address on the Signature Page(s) or by personal service or by any other manner that is permitted by law, in or outside South Carolina.

Notice by certified mail is deemed duly given upon deposit in the United States mail.

Equal Opportunity

Contractor is referred to and shall comply with all applicable provisions, if any, of Title 41, Part 60 of the Code of Federal Regulations, including but not limited to Sections 60-1.4, 60-4.2, 60-4.3, 60- 250.5(a), and 60-741.5(a), which are hereby incorporated by reference.

Illegal Immigration

(An overview is available at www.procurement.sc.gov) You agree to provide to the State upon request any documentation required to establish either: (a) that Title 8, Chapter 14 is inapplicable to you and your subcontractors or sub-subcontractors; or (b) that you and your subcontractors or sub-subcontractors are in compliance with Title 8, Chapter 14. Pursuant to Section 8-14-60, “A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both.” You agree to include in any contracts with your subcontractors language requiring your subcontractors to (a) comply with the applicable requirements of Title 8, Chapter 14, and (b) include in their contracts with the sub-subcontractors language requiring the sub-subcontractors to comply with the applicable requirements of Title 8, Chapter 14.

Incorporation by Reference of Representations and Certifications

The Contractor’s representations and certifications, including those in Section K and any accompanying explanation, are incorporated by reference into the contract.

No Indemnity or Defense

Any term or condition is voice to the extent it requires the State to indemnify, defend, or pay attorney’s fees for anyone for any reason.

Offshore Contracting Prohibited

No part of the resulting contract from this solicitation may be performed offshore of the United States by persons located offshore of the United State or by means, methods, or communications that, in whole or in part, take place offshore of the United States

Open Trade

During the contract term, including any renewals or extensions, Contractor will not engage in the boycott of a person or an entity based in or doing business with a jurisdiction with whom South Carolina can enjoy open trade, as defined in SC Code Section 11-35-5300.

Contract - Order of Precedence – Integration

(a) Contract. Any contract resulting from this solicitation shall consist of (1) Parts I, II, and III of the Uniform Contract Format; (2) any attachments identified as contract documents in Section J.1 or specifically incorporated into the contract by reference; (3) Section K and any accompanying explanation as executed and submitted by the Contractor; and (4) any purchase order(s).

(b) Precedence. Except as follows, these documents shall be read to be consistent and complementary. Part II shall be given full effect prior to the application of any other term in the contract, and to the extent of any inconsistency or conflict, the terms in Part II take precedence over any similar terms in the contract.

(c) Integration. Documents (1) through (3) above constitute the entire agreement between the parties and supersede all other prior or contemporaneous agreements, representations, or discussions, whether oral or written. These documents shall apply notwithstanding any additional or different terms and conditions in any other document, including without limitation, (i) a purchase order or other instrument submitted by the State, (ii) any invoice or other document submitted by Contractor, or (iii) any privacy policy, terms of use, or end user agreement. Except as otherwise allowed this contract, the terms and conditions of all such documents shall be void and of no effect.

No contract, license, or other agreement containing contractual terms and conditions will be signed by any Using Governmental Unit. Any document signed or otherwise agreed to by persons other than the Procurement Officer shall be void and of no effect.

Organizational Conflict of Interest

(a) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor make will a full disclosure in writing to the Procurement Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the Procurement Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

(b) Remedies - The Procurement Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Procurement Officer, the State may terminate the contract for default, debar the Contractor for State contracting, or pursue such other remedies as may be permitted by law or this contract.

(c) The Contractor further agrees to insert provisions which shall conform substantially to the language of this clause in any subcontract of consultant agreement hereunder.

Payment and Interest

(a) The State shall pay the Contractor, after the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified herein, including the purchase order, payment shall not be made on partial deliveries accepted by the Government.

(b) Unless otherwise provided herein, including the purchase order, payment will be made by check mailed to the payment address on “Page Two.” (c) Notwithstanding any other provision, payment shall be made in accordance with S.C. Code Section 11-35-45, or Chapter 6 of Title 29 (real property improvements) when applicable, which provides the Contractor’s exclusive means of recovering any type of interest from the Owner. Contractor waives imposition of an interest penalty unless the invoice submitted specifies that the late penalty is applicable. Except as set forth in this paragraph, the State shall not be liable for the payment of interest on any debt or claim arising out of or related to this contract for any reason. (d) Amounts due to the State shall bear interest at the rate of interest established by the South Carolina Comptroller General pursuant to Section 11-35-45 (“an amount not to exceed fifteen percent each year”), as amended, unless otherwise required by Section 29-6-30.

(e) Any other basis for interest, including but not limited to general (pre- and post-judgment) or specific interest statutes, including S.C. Code Ann. Section 34-31-20, are expressly waived by both parties. If a court, despite this agreement and waiver, requires that interest be paid on any debt by either party other than as provided by items (c) and (d) above, the parties further agree that the applicable interest rate for any given calendar year shall be the lowest prime rate as listed in the first edition of the Wall Street Journal published for each year, applied as simple interest without compounding. (f) The State shall have all of its common law, equitable and statutory rights of set-off.

Pricing Data- Audit – Inspection

[Clause Included Pursuant to Section 11-35-1830, - 2210, & -2220] (a) Cost or Pricing Data. Upon Procurement Officer’s request, you shall submit cost or pricing data, as defined by 48 C.F.R. Section

2.101 (2004), prior to either (1) any award to contractor pursuant to 11-35-1530 or 11-35-1560, if the total contract price exceeds $500,000, or (2) execution of a change order or contract modification with contractor which exceeds $100,000. Your price, including profit or fee, shall be adjusted to exclude any significant sums by which the state finds that such price was increased because you furnished cost or pricing data that was inaccurate, incomplete, or not current as of the date agreed upon between parties. (b) Records Retention. You shall maintain your records for three years from the date of final payment, or longer if requested by the chief Procurement Officer. The state may audit your records at reasonable times and places. As used in this subparagraph (b), the term “records” means any books or records that relate to cost or pricing data submitted pursuant to this clause. In addition to the obligation stated in this subparagraph (b), you shall retain all records and allow any audits provided for by 11-35-2220(2). (c) Inspection. At reasonable times, the state may inspect any part of your place of business which is related to performance of the work.

(d) Instructions Certification. When you submit data pursuant to subparagraph (a), you shall (1) do so in accordance with the instructions appearing in Table 15-2 of 48 C.F.R. Section 15.408 (2004) (adapted as necessary for the state context), and (2) submit a Certificate of Current Cost or Pricing Data, as prescribed by 48 CFR Section 15.406-2(a) (adapted as necessary for the state context).

(e) Subcontracts. You shall include the above text of this clause in all of your subcontracts.

(f) Nothing in this clause limits any other rights of the state.

Termination Due to Unavailability of Funds

Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefor. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled.

In the event of a cancellation pursuant to this paragraph, contractor will be reimbursed the resulting unamortized, reasonably incurred, nonrecurring costs. Contractor will not be reimbursed any costs amortized beyond the initial contract term.

I.2 Mandatory Clauses – Other (to be completed at time of award)

To the extent of any inconsistency or conflict, Section I.1 takes precedence over any similar terms in this Section I.2.

Part III-List of Documents, Exhibits, and Other Attachments

J. LIST OF ATTACHMENTS

J.1 Solicitation Exhibits Incorporated into Final Contract

Attachment B, Pricing Structure (to be completed at the time of award)

Attachment C – Statement of Work, consisting of the following exhibits:

Exhibit 1.1 - Definitions Exhibit 1.2 - Governance Model Exhibit 1.3 - Service Management Manual Exhibit 1.4 - General Provisions Attachment A – Form of Non-Disclosure Attachment B – Form of Source Code Escrow Exhibit 2.0 - Service Model Exhibit 2.1.1 - Cross-Functional Services Statement of Work Attachment C – Form of Work Order Exhibit 2.1.2 - Payment Services Statement of Work Exhibit 2.1.3 - SC.gov Services Statement of Work Exhibit 2.1.4 - Cross-Functional Services Solution Exhibit 2.1.5 - Payment Services Solution Exhibit 2.1.6 - SC.gov Services Solution Exhibit 2.2 - Termination Assistance Services Exhibit 2.3 - IT Service Continuity Management Exhibit 2.4 - Key Personnel Exhibit 3.0 - Performance Model Exhibit 3.1 – Service Level and Deliverable Matrix Exhibit 3.2.1 – Service Level Definitions – SC.gov Services Exhibit 3.2.2 – Service Level Definitions – Payment Services Exhibit 3.3 – Description of Reports Exhibit 3.3-A – Reports Exhibit 3.4 – Customer Satisfaction Exhibit 4.0 – Business Model Exhibit 4.1 – Pricing Structure Exhibit 4.2 – Financial Responsibility Matrix Exhibit 4.3 – Financial Reporting Exhibit 4.4 – In-Flight Projects Exhibit 4.5 – Skill Set Descriptions

Attachment I – Proposed Contract Terms

Section K –Representations, certifications and other statements by offerors

J.2 Solicitation Exhibits Not Incorporated into Final Contract

J.2.1 Exception to Requirements

J.2.2 Offer Qualifications

J.2.3 Offeror Experience

J.2.4 Offeror References

J.2.5 Cancelled Contracts

J.2.6 OSP Non-Disclosure Agreements

J.2.7 Service Provider Security Assessment Questionnaire

Part IV-Representations and Instructions

K. REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS

Section K - Representations, certifications, and other statements of offerors is a separate document.

L. INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 Description

This contract is to provide the state’s digital government portal and payment services (“Digital Government Services”). South Carolina Department of Administration's Office of Technology and Information Services (OTIS) defines Digital Government Services (DGS) as "delivering government services in the digital age at any time to any device." This definition summarizes the ordinary citizen's perception of how they would like to consume state services they need when they need them. While an ambitious target, OTIS intends to respond to citizen demand through a procurement process designed to enhance the state's digital government offerings.

L.1.1 Background

DGS are provided through SC.gov, the official government web portal for the State of South Carolina. The portal was developed to help citizens find information and services from both state and local government offices, and information relative to South Carolina, all in one place. DGS is currently managed through a public-private partnership (P3) between the State of South Carolina and South Carolina Interactive, LLC, a subsidiary of NIC.

OTIS's objective is to be at the forefront of DGS and provide citizens and agencies with state-of-the-art web services and Internet tools to facilitate business with the government in a secure, convenient, and cost-effective way. SC.gov offers state and local government entities the ability to automate routine, time-consuming tasks into interactive web-enabled applications for citizens and businesses, streamlining government processes.

The Digital Government Services program offers:

• Application Services – Build, enhance, and maintain secure online services that feature plain language, 100% accessibility, and a mobile-optimized designed from the outset with the security and privacy of citizen data in mind.

• Customer Service, Outreach, and Analytics – Provide 24/7 assistance to customers, leveraging site and transactions analytics from online services to establish best practices in these disciplines to improve adoption of DGS services by both citizen and government.

• Payment Services – Provide secure, payment card industry (PCI-DSS) compliant payment products that provide online and in person point of sale payment for South Carolina government entities.

• Technology and Operations – Provide the management of infrastructure, hosting, networking, quality assurance, and security for each online application.

DGS provides citizens and businesses with an easy, efficient, and secure way to conduct business with South Carolina’s government. State agencies and local governments gain efficiencies from offering Internet-based services.

Partnering with OTIS’s DGS program allows government entities to take advantage of DGS infrastructure and security by using the Internet to provide services such as:

• Financial transactions,

• Applications for licenses, permits, registrations, other related documents,

• Data searches, and

• Any other services that improves citizen access and government efficiency.

• From its inception in 2005 through December 31, 2019, SC.gov has:

• Processed more than 57.5 million transactions for state and local government in South Carolina,

• Collected more than $3.12 billion in revenue for state and local government partners, and

• Implemented 1,532 unique applications and interactive services.

DGS is a self-funded service utilizing revenues generated from transaction fees associated with some of the online services. OTIS anticipates modifying the self-funding business model with the DGS Service Provider, moving from a revenue-sharing model to a more traditional consumption-based, revenue-funded sourcing model.

L.1.2 Vision and Desired Outcomes

OTIS seeks to evolve DGS with innovative technology and services while creating a more transparent business model that creates value for our customers and citizens of the state. Consumers have become accustomed to the ease and convenience of the digital marketplace, and SC.gov customers deserve an experience on par with online retail and commercial services.

L.1.2.1 Vision:

A secure digital platform accessible from any device that provides a personalized, one-stop shop for citizens to engage with the government of South Carolina in a simple, seamless user experience.

L.1.2.2 Desired Outcomes:

• Modernized Platform

• Standardized, modern sites with common look and feel across state government.

• Intuitive citizen experience with enhanced convenience and search capabilities.

• Program Transparency

• Visibility into operational performance and payment service flow of funds.

• Alignment and visibility of services with fees charged to the State.

• Privacy and Security Assurance

• Secure transition of existing services, including compliance with PCI- DSS and other industry standards and required government security frameworks.

• Assurance that new services are delivered in compliance with privacy and security standards.

• Service Innovation

• Cloud-based web hosting and a personalized SC.gov mobile application experience.

• Citizen single sign-on capability with persona-based identity engagement.

• Governance Optimization

• Drive service transformation through an active partner relationship with the Service Provider.

• Create more value to the State within existing budgets through State control and management of investments.

L.2 Format

The solicitation follows the Uniform Contract Format which includes four parts. Part I is the Schedule and includes eight sections:

Section A - Cover Page and page 2 Section B – Supplies or Services and prices/ costs Section C – Description/ specifications/ statement of work Section D – Packaging and marking

Section E – Inspection and acceptance Section F – Deliveries or performance Section G – Contract administration data Section H – Special contract requirements

Part II includes Section I – Contract clauses.

Part III includes Section J – List of Attachments.

Part IV includes three sections:

Section K - Representations, certifications, and other statements of offerors Section L – Instructions, conditions, and notices to offerors Section M – Evaluation factors for award

L.3 Instructions to Offerors

L.3.1 Definitions (MODIFIED)

Except as modified herein, terms shall have the meanings ascribed to them in Section 11-35-410.

AMENDMENT means a document issued to supplement the original solicitation document.

AUTHORITY means the State Fiscal Accountability Authority or its successor in interest.

CLARIFICATION means any communication in which the procurement officer requests or accepts information that clarifies any information in a proposal. Clarification does not include the request for or acceptance of any change to the terms of a contractual offer.

COMPETITIVE RANGE means the offeror or group of offerors selected for negotiation.

CONTRACT means the agreement between the State and the Contractor resulting from this solicitation.

CONTRACTOR means the Offeror receiving an award as a result of this solicitation.

COVER PAGE means the top page of the original solicitation on which the solicitation is identified by number. Offerors are cautioned that Amendments may modify information provided on the Cover Page.

DEFICIENCY means any term of an offer that does not conform to a material requirement of a solicitation. A material requirement is one that affects the price, quantity, quality, delivery, or other performance obligations of the contract.

IN WRITING, WRITING, or WRITTEN means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

NEGOTIATIONS means any communication that invites or permits an offeror to change the terms of its contractual offer in any way. Negotiation does not include communications involving (i) information that is necessary to understand an offer, but that does not change any text or graphics in the offer, (ii) information about the offeror, or (iii) any other information that will not bind the parties upon acceptance of an offer.

OFFER means those portions of a proposal that constitute a written promise or set of promises to act or refrain from acting in a specified way, so made as to manifest a commitment to be bound by those promises upon acceptance by the State. Offer does not include mere descriptions of approaches, plans, intentions, opinions, predictions, or estimates; statements that describe the

Offeror’s organization or capability; or any other statements that do not make a definite and firm commitment to act or refrain from acting in a specified way.

OFFEROR means the single legal entity submitting the Proposal. See bidding provisions entitled “Signing Your Proposal” and “Proposal As Offer To Contract.”

PAGE TWO means the second page of the original solicitation, which is labeled Page Two.

PROCUREMENT OFFICER means the person, or his successor, identified as such on either the Cover Page, an amendment, or an award notice.

PROPOSAL means the information submitted to the State in response to a request for proposals.

The information in a proposal includes (i) the offer, (ii) information explaining the offer, (iii) information about the offeror, and (iv) any other information that is relevant to source selection decision making.

PROPOSAL MODIFICATION is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

PROPOSAL REVISION is a change to a proposal made after the solicitation closing date, at the request of or as allowed by the Procurement Officer as the result of negotiations.

YOU and YOUR means Offeror.

SOLICITATION means this document, including all its parts, attachments, and any Amendments.

STATE means the Using Governmental Unit(s) identified on the Cover Page.

SUBCONTRACTOR means any person you contract with to perform or provide any part of the work.

US or WE means the using governmental unit.

USING GOVERNMENTAL UNIT means the unit(s) of government identified as such on the Cover Page. If the Cover Page identifies the Using Governmental Unit as “Statewide Term Contract,” the phrase “Using Governmental Unit” means any South Carolina Public Procurement Unit [§ 11-35-4610(5)] that has submitted a Purchase Order to you pursuant to the contract resulting from this solicitation.

WORK means all labor, materials, equipment, services, or property of any type, provided or to be provided by the Contractor to fulfill the Contractor’s obligations under the Contract.

L.3.2 Amendments to Solicitation (MODIFIED)

(a) The Solicitation may be amended in accordance with Section 11-35-1535(D) and Reg. 19- 445.2099D(2). All actual and prospective Offerors should monitor the following web site for the issuance of Amendments: www.procurement.sc.gov (b) Prior to opening, Offerors shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on Page Two, (3) by letter, or (4) by submitting a bid that indicates in some way that the bidder received the amendment. (c) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

L.3.3 Authority as Procurement Agent (DEC 2015)

The Procurement Officer is an employee of the Authority acting on behalf of the Using Governmental Unit(s) pursuant to the Consolidated Procurement Code. Any contracts awarded as a result of this procurement are between the Contractor and the Using Governmental Units(s). The Authority is not a party to such contracts, unless and to the extent that the Authority is a using governmental unit, and bears no liability for any party’s losses arising out of or relating in any way to the contract. [02-2A030-3]

L.3.4 Award Notification (MODIFIED)

Notice regarding any award, cancellation of award, or extension of award will be posted at the location and on the date specified on the Cover Page or, if applicable, any notice of extension of award. Should the contract resulting from this Solicitation have a total or potential value in excess of one hundred thousand dollars, such notice will be sent electronically to all Offerors responding to the Solicitation and any award will not be effective until the calendar day (including weekends and holidays) immediately following the seventh business day after such notice is given.

L.3.5 Bid in English and Dollars (MODIFIED)

Proposals submitted in response to this solicitation shall be in the English language and in US dollars, unless otherwise permitted by the Solicitation.

L.3.6 Code of Laws Available (JAN 2006)

The South Carolina Code of Laws, including the Consolidated Procurement Code, is available at:

http://www.scstatehouse.gov/code/statmast.php The South Carolina Regulations are available at:

http://www.scstatehouse.gov/coderegs/statmast.php [02-2A040-2]

L.3.7 Conference - Pre-Bid/Proposal (JAN 2006)

Pre-Bid/Proposal Conference Date and Time: May 26, 2021 at 10:00 a.m.

Location of Pre-Bid/Proposal Conference: WebEx Conference

Contact the Procurement Officer for Login Credentials

Due to the importance of all offerors having a clear understanding of the specifications and requirements of this solicitation, a conference of potential offerors will be held on the date specified on the cover page. Bring a copy of the solicitation with you. Any changes resulting from this conference will be noted in a written amendment to the solicitation. Your failure to attend will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the State. The State assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available at the conference.

Nor does the State assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract. [02-2B025-1]

L.3.8 Contents of Proposal (RFP) (MODIFIED)

(a) Proposals should be complete and carefully worded and should convey all of the information requested.

(b) Proposals should be prepared simply and economically, providing a straightforward, concise description of offeror’s capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content.

(c) The contents of your proposal must be divided into two parts, the technical proposal and the business proposal. Each part should be bound in a single volume.

(d) Your proposal must include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item.

(e) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(f) Offerors may submit proposals that depart from stated requirements. Such proposals shall clearly identify why the acceptance of the proposal would be advantageous to the State. Any deviations from the terms and conditions of the solicitation, as well as the comparative advantage to the State, shall be clearly identified and explicitly defined. The State reserves the right to amend the solicitation to allow all offerors an opportunity to submit revised proposals based on the revised requirements.

L.3.9 Contract Award

(1) The State intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The State may reject any or all proposals if such action is in the State’s interest.

(3) The State may waive informalities and minor irregularities in proposals received.

(4) The State intends to evaluate proposals and award a contract after conducting negotiations with offerors whose proposals have been determined to be within the competitive range. If the Procurement Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Procurement Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most promising proposals. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical standpoint.

(5) The State reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The State reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the State’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the State.

(8) The State may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Procurement Officer determines that the lack of balance poses an unacceptable risk to the State.

(9) If a cost realism analysis is performed, cost realism may be considered by the Procurement Officer in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

L.3.10 Deadline for Submission of Proposal (MODIFIED)

Any Proposal received after the Procurement Officer of the governmental body or his designee has declared that the time set for opening has arrived, shall be rejected unless the Proposal has been delivered to the designated purchasing office or the governmental body’s mail room which services that purchasing office prior to the opening. [R.19-445.2070(G)]

L.3.11 Disclosure of Your Proposal & Submitting Confidential Data [FEB 2021]

(a) According to Section 11-35-410, any person submitting a document in response or with regard to any solicitation or other request must “comply with instructions provided in the solicitation for marking information exempt from public disclosure. Information not marked as required by the applicable instructions may be disclosed to the public.”

IF YOU IDENTIFY YOUR ENTIRE RESPONSE AS EXEMPT FROM PUBLIC

DISCLOSURE, OR IF YOU DO NOT SUBMIT A REDACTED COPY AS REQUIRED, THE

STATE MAY, IN ITS SOLE DISCRETION, DETERMINE YOUR BID OR PROPOSAL

NONRESPONSIVE AND INELIGIBLE FOR AWARD.

(b) By submitting a response to this solicitation or request, Offeror (1) agrees to the public disclosure of every page, or portion thereof, of every document regarding this solicitation or request that was submitted at any time prior to entering into a contract (including, but not limited to, documents contained in a response, documents submitted to clarify a response, and documents submitted during negotiations), unless the page, or portion thereof, was redacted and conspicuously marked “Trade Secret” or “Confidential” or “Protected”, (2) agrees that any information not redacted and marked, as required by these bidding instructions, as a “Trade Secret” is not a trade secret as defined by the Trade Secrets Act, and (3) agrees that, notwithstanding any claims or markings otherwise, any prices, commissions, discounts, or other financial figures used to determine the award, as well as the final contract amount, are subject to public disclosure.

(c) If your offer includes any information that you claim is exempt from public disclosure, you must submit one complete copy of your offer from which you have removed or concealed such information (the redacted copy). Except for the information removed or concealed, the redacted copy must be identical to your original offer.

(d) Do not mark your entire response (bid, proposal, quote, etc.) as confidential, trade secret, or protected. If only portions of a page are subject to some protection, do not redact the entire page.

The redacted copy must reflect the same pagination as the original and show the empty space from which information was redacted. The Procurement Officer must be able to view, search, copy and print the redacted copy without a password. If your response, or any part thereof, is improperly marked as confidential or trade secret or protected, the State may, in its sole discretion, determine it nonresponsive.

(e) On the redacted copy, you must identify the basis of your claim by marking each redaction as follows: You must separately mark with the word “CONFIDENTIAL” every page, or portion thereof, that you redacted and claim as exempt from public disclosure because it is either (1) a trade secret as defined in Section 30-4-40(a)(1) of the Freedom of Information Act, or (2) privileged and confidential, as that phrase is used in Section 11-35-410. You must separately mark with the words “TRADE SECRET” every page, or portion thereof, that you redacted and claim as exempt from public disclosure as a trade secret pursuant to Section 39-8-20 of the Trade Secrets Act. You must separately mark with the word “PROTECTED” every page, or portion thereof, that you redacted and claim as exempt from public disclosure pursuant to Section 11-35-1810. All markings must be conspicuous; use color, bold, underlining, or some other method in order to conspicuously distinguish the mark from the other text.

(f) In determining whether to release documents, the…