Extracted text (via pymupdf)
155385 characters
CONTRACT E-PROCUREMENT PLATFORM AND
SERVICES 230155-IGA
This contract is entered into this 28th of June, 2023 by and between Maricopa County (“County”), a political
subdivision of the State of Arizona, and Periscope Holdings, Inc., a Delaware corporation, with its registered
office at 5000 Plaza on the Lake, Suite 100 Austin, TX 78746. (“Contractor”) for the license of BidNet Direct
and its contract lifecycle management module.
1.0
CONTRACT TERM
1.1
This contract is for a term 5 years beginning on the 1st day of July, 2023 and ending the
30th day of June, 2028.
2.0
OPTION TO RENEW
The County may, at its option and with the concurrence of the Contractor, renew the term of this
contract up to a maximum of 5 additional year(s), (or at the County’s sole discretion, extend the
contract on a month-to-month basis for a maximum of six months after expiration). The Contractor
shall be notified in writing by the Office of Procurement Services of the County’s intention to renew
the contract term at least 60 calendar days prior to the expiration of the original contract term.
Renewal terms are subject to the 1.5% annual SaaS rate increase.
3.0
CONTRACT COMPLETION
In preparation for contract completion, the Contractor shall make all reasonable efforts for an
orderly transition of its duties and responsibilities to another provider and/or to the County. This
may include, but is not limited to, preparation of a transition plan and cooperation with the County
or other providers in the transition. The transition includes the transfer of all records and other data
in the possession, custody, or control of the Contractor that are required to be provided to the
County either by the terms of this agreement or as a matter of law. The provisions of this clause
shall survive the expiration or termination of this agreement.
4.0
PAYMENTS
4.1
As consideration for performance of the duties described herein, County shall pay
Contractor the sum(s) stated in the order form, and as outlined below:
4.1.1
Payment shall be made upon access to system in any environment
4.1.2
First Year annual SaaS is $100,785.00
1.0 Annual SaaS is set to increase at 1.5% year over year.
4.2
Payment shall be made upon the County’s receipt of a properly completed invoice.
4.3
INVOICES
4.3.1
The Contractor shall submit two (2) legible copy of their detailed invoice before
payment(s) will be made. Incomplete invoices will not be processed. At a
minimum, the invoice must provide the following information:
SERIAL 230155-IGA
•
Company name, address, and contact information
•
County bill-to name and contact information
•
Contract serial number
•
County purchase order number
•
Project name and/or number
•
Invoice number and date
•
Payment terms
•
Date of service or delivery
•
Quantity
•
Contract item number(s)
•
Description of purchase
•
Pricing per unit of purchase
•
Extended price
•
Total amount due
4.3.2
Problems regarding billing or invoicing shall be directed to the department as listed
on the purchase order.
4.3.3
Payment shall only be made to the Contractor by Accounts Payable through the
Maricopa County Vendor Express Payment Program. This is an electronic funds
transfer (EFT) process. After contract award, the Contractor shall complete the
Vendor Registration Form accessible from the County Department of Finance
Vendor
Registration
Web
Site
https://www.maricopa.gov/5169/Vendor-
Information.
4.3.4
EFT payments to the routing and account numbers designated by the Contractor
shall include the details on the specific invoices that the payment covers. The
Contractor is required to discuss remittance delivery capabilities with their
designated financial institution for access to those details.
5.0
AVAILABILITY OF FUNDS
5.1
The provisions of this contract relating to payment for services shall become effective when
funds assigned for the purpose of compensating the Contractor as herein provided are
actually available to County for disbursement. The County shall be the sole judge and
authority in determining the availability of funds under this contract. County shall keep the
Contractor fully informed as to the availability of funds.
5.2
If any action is taken by, any State agency, Federal department, or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in
connection with, this contract, County may amend, suspend, decrease, or terminate its
obligations under, or in connection with, this contract. In the event of termination, County
shall be liable for payment only for services rendered prior to the effective date of the
termination, provided that such services are performed in accordance with the provisions
of this contract. County shall give written notice of the effective date of any suspension,
amendment, or termination under this section, at least 10 days in advance.
6.0
DUTIES
6.1
The Contractor shall perform all duties documented in Exhibits to this Agreement.
6.2
During the contract term, County may provide Contractor’s personnel with adequate
workspace for consultants and such other related facilities as may be required by
Contractor to carry out its contractual obligations.
SERIAL 230155-IGA
7.0
TERMS AND CONDITIONS
7.1
INDEMNIFICATION
7.1.1
To the fullest extent permitted by law, and to the extent that claims, damages,
losses, or expenses are not covered and paid by insurance purchased by the
contractor, the contractor shall defend, indemnify, and hold harmless the County
(as Owner), its agents, representatives, officers, directors, officials, and employees
from and against all claims, damages, losses, and expenses (including, but not
limited to attorneys' fees, court costs, expert witness fees, and the costs and
attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted
from, the negligent acts, errors, omissions, or mistakes relating to the performance
of this contract.
7.1.2
Contractor's duty to defend, indemnify, and hold harmless the County, its agents,
representatives, officers, directors, officials, and employees shall arise in
connection with any claim, damage, loss, or expense that is attributable to bodily
injury, sickness, disease, death, or injury to, impairment of, or destruction of
tangible property, including loss of use resulting therefrom, caused by negligent
acts, errors, omissions, or mistakes in the performance of this contract, but only to
the extent caused by the negligent acts or omissions of the contractor, a
subcontractor, anyone directly or indirectly employed by them, or anyone for
whose acts they may be liable, regardless of whether or not such claim, damage,
loss, or expense is caused in part by a party indemnified hereunder.
7.1.3
The amount and type of insurance coverage requirements set forth herein will in
no way be construed as limiting the scope of the indemnity in this section.
7.1.4
The scope of this indemnification does not extend to the sole negligence of County.
7.2
INSURANCE
7.2.1
Contractor, at Contractor’s own expense, shall purchase and maintain, at a
minimum, the herein stipulated insurance from a company or companies duly
licensed by the State of Arizona and possessing an AM Best, Inc. category rating
of B++. In lieu of State of Arizona licensing, the stipulated insurance may be
purchased from a company or companies, which are authorized to do business in
the State of Arizona, provided that said insurance companies meet the approval of
County. The form of any insurance policies and forms must be acceptable to
County.
7.2.2
All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the contract is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of County, constitute a material breach of this contract.
7.2.3
In the event that the insurance required is written on a claims-made basis,
Contractor warrants that any retroactive date under the policy shall precede the
effective date of this contract and either continuous coverage will be maintained,
or an extended discovery period will be exercised for a period of two years
beginning at the time work under this contract is completed.
7.2.4
Contractor’s insurance shall be primary insurance as respects County, and any
insurance or self-insurance maintained by County shall not contribute to it.
7.2.5
Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect the County’s right to
coverage afforded under the insurance policies.
SERIAL 230155-IGA
7.2.6
The insurance policies may provide coverage that contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to County under such policies.
Contractor shall be solely responsible for the deductible and/or self-insured
retention and County, at its option, may require Contractor to secure payment of
such deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
7.2.7
The insurance policies required by this contract, except Workers’ Compensation
and Errors and Omissions, shall name County, its agents, representatives, officers,
directors, officials, and employees as additional insureds.
7.2.8
The policies required hereunder, except Workers’ Compensation and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation)
against County, its agents, representatives, officers, directors, officials, and
employees for any claims arising out of Contractor’s work or service.
7.2.9
If available, the insurance policies required by this contract may be combined with
Commercial Umbrella Insurance policies to meet the minimum limit requirements.
If a Commercial Umbrella insurance policy is utilized to meet insurance
requirements, the Certificate of Insurance shall indicate which lines the
Commercial Umbrella Insurance covers.
7.2.9.1 Commercial General Liability
Commercial General Liability (CGL) insurance and, if necessary,
Commercial Umbrella insurance with a limit of not less than $1,000,000
for each occurrence, $2,000,000 Products/Completed Operations
Aggregate, and $2,000,000 General Aggregate Limit. The policy shall
include coverage for premises liability, bodily injury, broad form property
damage, personal injury, products and completed operations and blanket
contractual coverage, and shall not contain any provisions which would
serve to limit third party action over claims. There shall be no endorsement
or modifications of the CGL limiting the scope of coverage for liability
arising from explosion, collapse, or underground property damage.
7.2.9.2 Cyber, Network Security, and Privacy Liability
Cyber, Network Security and Privacy Liability Insurance with a limit of not
less than $5,000,000 per occurrence. The policy shall include, but not be
limited to; coverage for all directors, officers, agents and employees of the
contractor, losses with respect to network risks (such as data breaches,
unauthorized access or use, and ID theft of data), invasion of privacy
(regardless of the type of media involved in the loss of private information),
crisis management, identity theft response costs, breach notification costs,
credit remediation, and credit monitoring, defense, and claims expenses,
regulatory defense costs plus fines and penalties, cyber extortion,
electronic data restoration expenses (data asset protection), network
business interruption, computer fraud coverage, funds transfer loss, third-
party fidelity, theft, no requirement for arrest and conviction, and loss
outside the premises of the named insured.
7.2.9.3 Workers’ Compensation
7.2.9.3.1 Workers’ compensation insurance to cover obligations imposed
by Federal and State statutes having jurisdiction of Contractor’s
employees engaged in the performance of the work or services
under this contract; and Employer’s Liability insurance of not
SERIAL 230155-IGA
less than $1,000,000 for each accident, $1,000,000 disease for
each employee, and $1,000,000 disease policy limit.
7.2.9.3.2 Contractor, its subcontractors, and sub-subcontractors waive all
rights against this contract and its agents, officers, directors, and
employees for recovery of damages to the extent these
damages are covered by the workers’ compensation and
Employer’s Liability or Commercial Umbrella Liability insurance
obtained by Contractor, its subcontractors, and its sub-
subcontractors pursuant to this contract.
7.2.10 Certificates of Insurance
7.2.10.1 Contractor shall furnish the County with valid and complete Certificates
of Insurance, or formal endorsements as required by the contract in the
form provided by the County, issued by Contractor’s insurer(s), as
evidence that policies providing the required coverage, conditions and
limits required by this contract are in full force and effect. Such
certificates shall identify this contract number and title.
7.2.10.2 In the event any insurance policy(ies) required by this contract is (are)
written on a claims-made basis, coverage shall extend for two years past
completion and acceptance of Contractor’s work or services and as
evidenced by annual certificates of insurance.
7.2.10.3 If a policy does expire during the life of the Contract, a renewal certificate
must be sent to County 15 calendar days prior to the expiration date.
7.2.11 Cancellation and Expiration Notice
Applicable to all insurance policies required within the insurance requirements of
this contract, Contractor’s insurance shall not be permitted to expire, be
suspended, be canceled, or be materially changed for any reason without 30 days
prior written notice to Maricopa County. Contractor must provide to Maricopa
County, within two business days of receipt, if they receive notice of a policy that
has been or will be suspended, canceled, materially changed for any reason, has
expired, or will be expiring. Such notice shall be sent directly to Maricopa County
Office of Procurement Services and shall be mailed, or hand delivered to 301 W.
Jefferson St. Suite 700, Phoenix, AZ 85003, or emailed to the procurement officer
noted in the solicitation.
7.2.12 Each such bond shall include a provision allowing the prevailing party in a suit on
such bond to recover, as a part of his judgment, such reasonable attorney’s fees
as may be fixed by a judge of the court.
7.2.13 Each bond shall be executed by a surety company or companies holding a
certificate of authority to transact surety business in the State of Arizona issued by
the director of the Department of Insurance. The bonds shall not be executed by
an individual surety or sureties. The bonds shall be made payable and acceptable
to the contracting agency. The bonds shall be written or countersigned by an
authorized representative of the surety who is either a resident of the State of
Arizona or whose principal office is maintained in this state, as by law required,
and the bonds shall have attached thereto a certified copy of the power of attorney
of the signing official. In addition, said company or companies shall be rated “Best-
A” or better as required by the contracting agency, as currently listed in the most
recent Best Key Rating Guide, published by the AM Best Company.
SERIAL 230155-IGA
7.3
FORCE MAJEURE
7.3.1
Neither party shall be liable for failure of performance, nor incur any liability to the
other party on account of any loss or damage resulting from any delay or failure to
perform all or any part of this contract, if such delay or failure is caused by events,
occurrences, or causes beyond the reasonable control and without negligence of
the parties. Such events, occurrences, or causes include, but are not limited to,
acts of God/nature (including fire, flood, earthquake, storm, hurricane, or other
natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is
declared or not), civil war, riots, rebellion, revolution, insurrection, military or
usurped power or confiscation, terrorist activities, nationalization, government
sanction, lockout, blockage, embargo, labor dispute, strike, and interruption or
failure of electricity or telecommunication service, and pandemic.
7.3.2
Each party, as applicable, shall give the other party notice of its inability to perform
and particulars in reasonable detail of the cause of the inability. Each party must
use best efforts to remedy the situation and remove, as soon as practicable, the
cause of its inability to perform or comply.
7.3.3
The party asserting Force Majeure as a cause for non-performance shall have the
burden of proving that reasonable steps were taken to minimize delay or damages
caused by foreseeable events, that all non-excused obligations were substantially
fulfilled, and that the other party was timely notified of the likelihood or actual
occurrence which would justify such an assertion, so that other prudent
precautions could be contemplated.
7.4
ORDERING AUTHORITY
Any request for purchase shall be accompanied by a valid purchase order issued by a
County department or directed by a Certified Agency Procurement Aid (CAPA) with a
purchase card for payment.
7.5
PROCUREMENT CARD ORDERING CAPABILITY
County may opt to use a procurement card (Visa or Master Card) to make payment for
orders under this contract.
7.6
NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION
This contract does not guarantee any minimum or maximum purchases will be made.
Orders will only be placed under this contract when the County identifies a need and proper
authorization and documentation have been approved.
7.7
PURCHASE ORDERS
7.7.1
County reserves the right to cancel purchase orders within a reasonable period of
time after issuance. Should a purchase order be canceled, the County agrees to
reimburse the Contractor for actual and documentable costs incurred by the
Contractor in response to the purchase order. The County will not reimburse the
Contractor for any costs incurred after receipt of County notice of cancellation, or
for lost profits, or for shipment of product prior to issuance of purchase order.
7.7.2
Contractor agrees to accept verbal notification of cancellation of purchase orders
from the County procurement officer with written notification to follow. Contractor
specifically acknowledges to be bound by this cancellation policy.
SERIAL 230155-IGA
7.8
BACKGROUND CHECK
Respondents may be required to pass multiple background checks (e.g. Sheriff’s Office,
County Attorney's Office, Courts, as well as Maricopa County general government) to
determine if the respondent is acceptable to do business with the County. This applies to,
but is not limited to, the company, subcontractors, and employees, and the failure to pass
these checks shall deem the respondent non-responsible.
7.9
SUSPENSION OF WORK
The procurement officer may order the Contractor, in writing, to suspend, delay, or interrupt
all or any part of the work of this contract for the period of time that the procurement officer
determines appropriate for the convenience of the County. No adjustment shall be made
under this clause for any suspension, delay, or interruption to the extent that performance
would have been so suspended, delayed, or interrupted by any other cause, including the
fault or negligence of the Contractor. No request for adjustment under this clause shall be
granted unless the claim, in an amount stated, is asserted in writing as soon as practicable
after the termination of the suspension, delay, or interruption, but not later than the date of
final payment under the contract.
7.10
STOP WORK ORDER
7.10.1 The procurement officer may, at any time, by written order to the Contractor,
require the Contractor to stop all, or any part, of the work called for by this contract
for a period of 90 calendar days after the order is delivered to the Contractor, and
for any further period to which the parties may agree. The order shall be specifically
identified as a stop work order issued under this clause. Upon receipt of the order,
the Contractor shall immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 calendar days after a
stop work order is delivered to the Contractor, or within any extension of that period
to which the parties shall have agreed, the procurement officer shall either:
7.10.1.1 cancel the stop work order; or
7.10.1.2 terminate the work covered by the order as provided in the Termination
for Default or the Termination for Convenience clause of this contract.
7.10.1.3 The procurement officer may make an equitable adjustment in the
delivery schedule and/or contract price, and the contract shall be
modified, in writing, accordingly, if the Contractor demonstrates that the
stop work order resulted in an increase in costs to the Contractor
7.11
TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by providing 60
calendar days advance notice to the Contractor.
7.12
TERMINATION FOR DEFAULT
7.12.1 The County may, by written Notice of Default to the Contractor, terminate this
contract in whole or in part if the Contractor fails to:
7.12.1.1 deliver the supplies or to perform the services within the time specified
in this contract or any extension;
7.12.1.2 make progress, so as to endanger performance of this contract; or
7.12.1.3 perform any of the other provisions of this contract.
SERIAL 230155-IGA
7.12.2 The County’s right to terminate this contract under these subparagraphs may be
exercised if the Contractor does not cure such failure within 10 business days (or
more if authorized in writing by the County) after receipt of a Notice to Cure from
the procurement officer specifying the failure.
7.13
PERFORMANCE
It shall be the Contractor’s responsibility to meet the proposed performance requirements
as outlined in the Service Level Agreement. Failure to meet the service level standards will
result in the appropriate service level credit being applied to Maricopa County.
7.14
INSPECTION OF SERVICES
7.14.1 The Contractor shall provide and maintain an inspection system acceptable to
County covering the services under this contract. Complete records of all
inspection work performed by the Contractor shall be maintained and made
available to County during contract performance and for as long afterwards as the
contract requires.
7.14.2 County has the right to inspect and test all services called for by the contract, to
the extent practicable at all times and places during the term of the contract.
County shall perform inspections and tests in a manner that will not unduly delay
the work.
7.14.3 If any of the services do not conform to contract requirements, County may require
the Contractor to perform the services again in conformity with contract
requirements, at no cost to the County. When the defects in services cannot be
corrected by re-performance, County may:
7.14.3.1 require the Contractor to take necessary action to ensure that future
performance conforms to contract requirements; and
7.14.3.2 reduce the contract price to reflect the reduced value of the services
performed.
7.14.4 If the Contractor fails to promptly perform the services again or to take the
necessary action to ensure future performance in conformity with contract
requirements, County may:
7.14.4.1 by contract or otherwise, perform the services and charge to the
Contractor, through direct billing or through payment reduction, any cost
incurred by County that is directly related to the performance of such
service; or
7.14.4.2 terminate the contract for default.
7.15
USAGE REPORT
The Contractor shall furnish the County a usage report, upon request, delineating the
acquisition activity governed by the contract. The format of the report shall be approved by
the County and shall disclose the quantity and dollar value of each contract item by
individual unit of measure.
SERIAL 230155-IGA
7.16
STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that, pursuant to A.R.S. § 38-511, the County may cancel any contract
without penalty or further obligation within three years after execution of the contract, if any
person significantly involved in initiating, negotiating, securing, drafting, or creating the
contract on behalf of the County is at any time, while the contract or any extension of the
contract is in effect, an employee or agent of any other party to the contract in any capacity
or consultant to any other party of the contract with respect to the subject matter of the
contract. Additionally, pursuant to A.R.S. § 38-511, the County may recoup any fee or
commission paid or due to any person significantly involved in initiating, negotiating,
securing, drafting, or creating the contract on behalf of the County from any other party to
the contract arising as the result of the contract.
7.17
OFFSET FOR DAMAGES
In addition to all other remedies at Law or Equity, the County may offset from any money
due to the Contractor any amounts Contractor owes to the County for damages resulting
from breach or deficiencies in performance of the contract.
7.18
SUBCONTRACTING
7.18.1 The Contractor may not assign to another Contractor or subcontract to another
party for performance of the terms and conditions hereof without the written
consent of the County. All correspondence authorizing subcontracting must
reference the bid serial number and identify the job or project.
7.18.2 The subcontractor’s rate for the job shall not exceed that of the prime Contractor’s
rate, as bid in the pricing section, unless the prime Contractor is willing to absorb
any higher rates. The subcontractor’s invoice shall be invoiced directly to the prime
Contractor, who in turn shall pass-through the costs to the County, without mark-
up. A copy of the subcontractor’s invoice must accompany the prime Contractor’s
invoice.
7.19
AMENDMENTS
All amendments to this contract shall be in writing and approved/signed by both parties.
Maricopa County Office of Procurement Services shall be responsible for approving all
amendments for Maricopa County.
7.20
ADDITIONS/DELETIONS OF REQUIREMENTS
The County reserves the right to add and/or delete materials and services to a contract. If
a service requirement is deleted, payment to the Contractor will be reduced proportionately,
to the amount of service reduced in accordance with the bid price. If additional materials
or services are required from a contract, prices for such additions will be negotiated
between the Contractor and the County.
7.21
RIGHTS IN DATA
7.21.1 The County shall have the use of data and reports resulting from a contract without
additional cost or other restriction except as may be established by law or
applicable regulation. Each party shall supply to the other party, upon request, any
available information that is relevant to a contract and to the performance
thereunder.
7.21.2 Data, records, reports, and all other information generated for the County by a third
party as the result of a contract are the property of the County and shall be provided
in a format designated by the County.
SERIAL 230155-IGA
7.22
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
7.22.1 In accordance with Section MC1-372 of the Maricopa County Procurement Code,
the Contractor agrees to retain (physical or digital copies of) all books, records,
accounts, statements, reports, files, and other records and back-up documentation
relevant to this contract for six years after final payment or until after the resolution
of any audit questions, which could be more than six years, whichever is longest.
The County, Federal or State auditors and any other persons duly authorized by
the department shall have full access to and the right to examine, copy, and make
use of, any and all said materials.
7.22.2 If the Contractor’s books, records, accounts, statements, reports, files, and other
records and back-up documentation relevant to this contract are not sufficient to
support and document that requested services were provided, the Contractor shall
reimburse Maricopa County for the services not so adequately supported and
documented.
7.23
AUDIT DISALLOWANCES
If at any time it is determined by the County that a cost for which payment has been made
is a disallowed cost, the County shall notify the Contractor in writing of the disallowance.
The course of action to address the disallowance shall be at sole discretion of the County,
and may include either an adjustment to future invoices, request for credit, request for a
check, or a deduction from current invoices submitted by the Contractor equal to the
amount of the disallowance, or to require reimbursement forthwith of the disallowed amount
by the Contractor by issuing a check payable to Maricopa County.
7.24
STRICT COMPLIANCE
Acceptance by County of a performance that is not in strict compliance with the terms of
the contract shall not be deemed to be a waiver of strict compliance with respect to all other
terms of the contract.
7.25
VALIDITY
The invalidity, in whole or in part, of any provision of this contract shall not void or affect
the validity of any other provision of the contract.
7.26
SEVERABILITY
The removal, in whole or in part, of any provision of this contract shall not void or affect the
validity of any other provision of this contract.
7.27
RELATIONSHIPS
7.27.1 In the performance of the services described herein, the Contractor shall act solely
as an independent Contractor, and nothing herein or implied herein shall at any
time be construed as to create the relationship of employer and employee, co-
employee, partnership, principal and agent, or joint venture between the County
and the Contractor.
7.27.2 The County reserves the right of final approval on proposed staff. Also, upon
request by the County, the Contractor will be required to remove any employees
working on County projects and substitute personnel based on the discretion of
the County within two business days, unless previously approved by the County.
SERIAL 230155-IGA
7.28
NON-DISCRIMINATION
Contractor agrees to comply with all provisions and requirements of Arizona Executive
Order 2009-09, including flow down of all provisions and requirements to any
subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and amends
Executive Order 75-5 and is hereby incorporated into this contract as if set forth in full
herein. During the performance of this contract, Contractor shall not discriminate against
any employee, client, or any other individual in any way because of that person’s age, race,
creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09
can
be
downloaded
from
the
Arizona
Memory
Project
at
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1.)
7.29
WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01
If vendor engages in for-profit activity and has 10 or more employees, and if this agreement
has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees
for the duration of this agreement to not engage in, a boycott of goods or services from
Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a
regulation issued pursuant to 50 U.S.C. § 4842.
7.30
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
7.30.1 The undersigned (authorized official signing on behalf of the Contractor) certifies
to the best of his or her knowledge and belief that the Contractor, its current
officers, and directors:
7.30.1.1 are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from being awarded any
contract or grant by any United States department or agency or any
state, or local jurisdiction;
7.30.1.2 have not within a three-year period preceding this contract:
7.30.1.2.1 been convicted of fraud or any criminal offense in
connection with obtaining, attempting to obtain, or as the
result of performing a government entity (Federal, State or
local) transaction or contract; or
7.30.1.2.2 been convicted of violation of any Federal or State antitrust
statutes or conviction for embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property regarding a
government entity transaction or contract;
7.30.1.3 are not presently indicted or criminally charged by a government entity
(Federal, State or local) with commission of any criminal offenses in
connection with obtaining, attempting to obtain, or as the result of
performing a government entity public (Federal, State or local)
transaction or contract;
7.30.1.4 are not presently facing any civil charges from any governmental entity
regarding obtaining, attempting to obtain, or from performing any
governmental entity contract or other transaction; and
7.30.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, State or local) terminated for cause or
default.
SERIAL 230155-IGA
7.30.2 If any of the above circumstances described in the paragraph are applicable to the
entity submitting a bid for this requirement, include with your bid an explanation of
the matter including any final resolution.
7.30.3 The Contractor shall include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors or sub-subcontractors)
and in all solicitations for lower tier covered transactions related to this contract. If
this clause is applicable to a subcontractor or sub-subcontractor, the Contractor
shall include the information required by this clause with their bid.
7.31
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
7.31.1 By entering into the contract, the Contractor warrants compliance with the
Immigration and Nationality Act (INA using E-Verify) and all other Federal
immigration laws and regulations related to the immigration status of its employees
and A.R.S. § 23-214(A). The Contractor shall obtain statements from its
subcontractors certifying compliance and shall furnish the statements to the
procurement officer upon request. These warranties shall remain in effect through
the term of the contract. The Contractor and its subcontractors shall also maintain
Employment Eligibility Verification forms (I-9) as required by the Immigration Reform
and Control Act of 1986, as amended from time to time, for all employees performing
work under the contract and verify employee compliance using the E-Verify system
and shall keep a record of the verification for the duration of the employee’s
employment or at least three years, whichever is longer. I-9 forms are available for
download at www.uscis.gov.
7.31.2 The County retains the legal right to inspect documents of Contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 7.31.1 of this section. Contractor and subcontractor shall be given
reasonable notice of the County’s intent to inspect and shall make the documents
available at the time and date specified. Should the County suspect or find that the
Contractor or any of its subcontractors are not in compliance, the County will
consider this a material breach of the contract and may pursue any and all remedies
allowed by law, including, but not limited to: suspension of work, termination of the
contract for default, and suspension and/or debarment of the Contractor. All costs
necessary to verify compliance are the responsibility of the Contractor.
7.32
CONTRACTOR LICENSE REQUIREMENT
7.32.1 The Contractor shall procure all permits, insurance, and licenses, and pay the
charges and fees necessary and incidental to the lawful conduct of his/her
business, and as necessary complete any requirements, by any and all
governmental or non-governmental entities as mandated to maintain compliance
with and remain in good standing. The Contractor shall keep fully informed of
existing and future trade or industry requirements, and Federal, State, and local
laws, ordinances, and regulations which in any manner affect the fulfillment of a
contract and shall comply with the same. Contractor shall immediately notify both
Office of Procurement Services and the department of any and all changes
concerning permits, insurance, or licenses.
7.33
INFLUENCE
7.33.1 As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort
to influence an employee or agent to breach the Maricopa County Ethical Code of
Conduct or any ethical conduct, may be grounds for disbarment or suspension
under MC1-902.
SERIAL 230155-IGA
7.33.2 An attempt to influence includes, but is not limited to:
7.33.2.1 A person offering or providing a gratuity, gift, tip, present, donation,
money, entertainment or educational passes or tickets, or any type of
valuable contribution or subsidy that is offered or given with the intent to
influence a decision, obtain a contract, garner favorable treatment, or
gain favorable consideration of any kind.
7.33.3 If a person attempts to influence any employee or agent of Maricopa County, the
chief procurement officer, or his designee, reserves the right to seek any remedy
provided by the Maricopa County Procurement Code, any remedy in equity or in
the law, or any remedy provided by this contract.
7.34
CONFIDENTIAL INFORMATION
7.34.1 Any information obtained in the course of performing this contract may include
information that is proprietary or confidential to the County. This provision
establishes the Contractor’s obligation regarding such information.
7.34.2 The Contractor shall establish and maintain procedures and controls that are
adequate to assure that no information contained in its records and/or obtained
from the County or from others in carrying out its functions (services) under the
contract shall be used by or disclosed by it, its agents, officers, or employees,
except as required to efficiently perform duties under the contract. The Contractor’s
procedures and controls, at a minimum, must be the same procedures and controls
it uses to protect its own proprietary or confidential information. If, at any time
during the duration of the contract, the County determines that the procedures and
controls in place are not adequate, the Contractor shall institute any new and/or
additional measures requested by the County within 15 business days of the
written request to do so.
7.34.3 Any requests to the Contractor for County proprietary or confidential information
shall be referred to the County for review and approval, prior to any dissemination.
7.35
PUBLIC RECORDS
Under Arizona law, all offers submitted and opened are public records and must be
retained by the County at the Maricopa County Office of Procurement Services. Offers shall
be open to public inspection and copying after contract award and execution, except for
such offers or sections thereof determined to contain proprietary or confidential information
by the Office of Procurement Services. If an offeror believes that information in its offer or
any resulting contract should not be released in response to a public record request, under
Arizona law, the offeror shall indicate the specific information deemed confidential or
proprietary and submit a statement with its offer detailing the reasons that the information
should not be disclosed. Such reasons shall include the specific harm or prejudice which
may arise from disclosure. The records manager of the Office of Procurement Services
shall determine whether the identified information is confidential pursuant to the Maricopa
County Procurement Code.
7.36
INTEGRATION
This contract represents the entire and integrated agreement between the parties and
supersedes
all
prior
negotiations,
proposals,
communications,
understandings,
representations, or agreements, whether oral or written, expressed, or implied.
SERIAL 230155-IGA
7.37
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this contract, the Contractor agrees to comply with all applicable provisions
of
Title
2,
Subtitle
A,
Chapter
II,
Part
200—UNIFORM
ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200 et seq.
7.38
GOVERNING LAW
This contract shall be governed by the laws of the State of Arizona. Venue for any actions
or lawsuits involving this contract will be in Maricopa County Superior Court, Phoenix,
Arizona.
7.39
FORCED LABOR
7.39.1 By submitting a bid for this solicitation and/or entering into a contract as a result of
this solicitation, contractor agrees to comply with all applicable portions of Arizona
Revised Statutes Section 35-394. Contracting; procurement; prohibition; written
certification; remedy; termination; exception; definitions.
7.39.2 Contractor certifies that it does not currently, and agrees for the duration of the
contract, that it will not use:
7.39.2.1 The forced labor of ethnic Uyghurs in the People’s Republic of China.
7.39.2.2 Any goods or services produced by the forced labor of ethnic Uyghurs
in the People’s Republic of China.
7.39.2.3 Any contractors, subcontractors or suppliers that use the forced labor or
any good or services produced by the forced labor of ethnic Uyghurs in
the People’s Republic of China.
7.39.3 If contractor becomes aware during the term of the agreement that contractor is
not in compliance with this paragraph, the contractor shall notify the County within
five business days after becoming aware of the noncompliance. If the contractor
fails to provide a written certification to the County that the contractor has remedied
the noncompliance within 180 days after notifying the County of its noncompliance,
then the agreement terminates, except that if the agreement termination date
occurs before the end the 180 day period, the agreement terminates on the
agreement termination date.
7.40
PRICES
Contractor warrants that prices extended to County under this contract are no higher than
those paid by any other customer for these or similar services.
7.41
Limitation of liability
Neither party's liability with respect to any single incident arising out of or related to this
agreement (whether in contract or tort (including negligence) or under any other theory of
liability) shall exceed the amount paid by the county hereunder in the 12 months preceding
the incident, provided that in no event shall either party’s aggregate liability arising out of
or related to this agreement (whether in contract or tort (including negligence) or under any
other theory of liability) exceed the total amount paid by the county hereunder. The
foregoing shall not limit the county’s payment obligations.
Exclusion of consequential and related damages. In no event shall either party have
any liability to the other party for any lost profits or revenues or for any indirect, special,
incidental, consequential, cover or punitive damages however caused, whether in contract,
SERIAL 230155-IGA
tort (including negligence) or under any other theory of liability, and whether or not the party
has been advised of the possibility of such damages. The foregoing disclaimer shall not
apply to the extent prohibited by applicable law.
7.42
ORDER OF PRECEDENCE
In the event of a conflict in the provisions of this contract and Contractor’s license
agreement, if applicable, the terms of this contract shall prevail.
7.43
INCORPORATION OF DOCUMENTS
7.43.1 The following are to be attached to and made part of this Contract:
7.42.1.1 Exhibit A – Vendor Information
7.42.1.2 Exhibit A-1 Fee Schedule
7.42.1.3 Exhibit B – Solution Capabilities
7.42.1.4 Exhibit B -1 Scope of Services
7.42.1.5 Exhibit B-2 Implementation Timeline
7.42.1.6 Exhibit C – Service Level Agreement
7.42.1.7 Exhibit D- IT Supplemental Terms and Conditions
7.44
NOTICES
All notices given pursuant to the terms of this contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
301 W. Jefferson St. Suite 700
Phoenix, Arizona 85003-1647
For Contractor:
Periscope Holdings, Inc.
5000 Plaza on the Lake. Suite 100
Austin, Texas, 78746, United States
Attention: President
7.45
INQUIRIES
7.45.1 Inquiries concerning information herein must be submitted prior to the question
deadline date/time posted in the e-procurement platform, Periscope S2G, using
the link in the “Q&A” tab.
7.45.2 Administrative telephone/email inquiries shall be addressed to:
JOEY M. MOLINA, PROCUREMENT MANAGER
TELEPHONE: (602) 506-3454
Joey.molina@maricopa.gov
7.45.3 Inquiries may be submitted by telephone but must be followed up in writing. No
oral communication is binding on Maricopa County.
SERIAL 230155-IGA
IN WITNESS WHEREOF, this contract is executed on the date set forth above.
CONTRACTOR
AUTHORIZED SIGNATURE
PRINTED NAME AND TITLE
ADDRESS
DATE
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS
DATE
ATTESTED:
CLERK OF THE BOARD
DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY
DATE
Mark Eigenbauer, President
5000 Plaza on the Lake, Austin, Texas 78746
June 12,2023
SERIAL 230155-IGA
EXHIBIT A - VENDOR INFORMATION
COMPANY NAME:
DOING BUSINESS AS (dba):
MAILING ADDRESS:
REMIT TO ADDRESS:
TELEPHONE NUMBER:
FAX NUMBER:
WWW ADDRESS:
REPRESENTATIVE NAME:
REPRESENTATIVE TELEPHONE NUMBER:
REPRESENTATIVE EMAIL ADDRESS
PAYMENT TERMS: RESPONDENT IS REQUIRED TO PICK ONE OF THE FOLLOWING.
PAYMENT TERMS WILL BE CONSIDERED IN DETERMINING LOW BID. FAILURE TO CHOOSE
PAYMENT TERMS WILL RESULT IN A DEFAULT TO NET 30 DAYS.
NET 10 DAYS
NET 15 DAYS
NET 20 DAYS
NET 30 DAYS
NET 45 DAYS
NET 60 DAYS
NET 90 DAYS
1% 10 DAYS NET 30 DAYS
1% 30 DAYS NET 31 DAYS
2% 30 DAYS NET 31 DAYS
2% 10 DAYS NET 30 DAYS
5% 10 DAYS NET 31 DAYS
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
EXHIBIT A-1 - FEE SCHEDULE
SERIAL 230155-IGA
QUOTE/ORDER FORM
Customer Billing Information
Customer Name: Maricopa County, AZ
Billing Contact:
Address:
301 W. Jefferson St. Suite 700
Phone Number:
(602) 506-3247
Phoenix, Arizona 85003-1647
Email Address:
Contract and Payment Details
Contract Term: 5 Year(s)
Payment Method: Electronic Funds Transfer
Contract Start:
2023-07-01
Payment Terms:
30 days
Contract End:
2028-06-30
Billing Method:
Electronic Invoice
Offer Expiry:
30 days
Billing Frequency: Annual
If this Quote/Order Form is signed, it will be considered an Order. If this Order Form is executed and returned
by Customer after the Contract Start date above, BidNet may adjust these terms, without increasing the total
price, based on the date BidNet activates the Purchased Services. Customer will be notified via an email of any
adjustments.
Products and Fees
Travel & Expense
•
Customer approval of any travel and living is required in advance of incurring costs. Customer will be
responsible for travel and living expenses for the Supplier resources. Vendor shall follow County
Travel Policy.
Payment Terms for Annual Fees:
•
Customer agrees to pay annual fees upon access to system in any environment.
•
Annual SaaS increases at a rate of 1.5% year over year
All payments shall be made in accordance with the terms and conditions of the Master Agreement. All pricing
is in dollars and does not include any taxes that may apply. Any such taxes are the responsibility of the
Customer.
SERIAL 230155-IGA
APPENDIX A - CLIENT SOLUTION CONFIGURATION AND IMPLEMENTATION DETAILS
SCOPE OF WORK & SERVICE DELIVERABLES
Client wishes to retain the Supplier to provide services such as implementing or modifying a Client Solution as
documented or referenced within this document.
THE SUPPLIER RESPONSIBILITIES AND SERVICE DELIVERABLES
Service Details
The deliverables are listed in the following table:
Deliverables
Client Solution onboarding Meeting within 2 weeks of contract start date
Configuration Discovery and Configuration (16 hours per team module) within 4 weeks of contract start date.
Recorded training session (1-2 online sessions, 5 hours per CLM team module) within 6 weeks of contract
start date
Question and Answer Session and final configurations if required (3 hours per CLM module) within 8 weeks
of contract start date
Support during and after implementation
Project closure Meeting within 8 weeks of contract start date
Outbound Marketing Services: After using the Client Solution, the Client can elect to jointly produce a press
release about the benefits of the Solution.
Supplier Communication where applicable
CLIENT RESPONSIBILITIES
The Client will be responsible for the following activities:
•
Respond to the Supplier questions in a reasonable timeframe
•
Engage, gather, consolidate, and forward feedback from Client subject matter experts and key
stakeholders
•
Coordinate and perform Client user acceptance testing
•
Setup and administer Client users, groups, access controls, dashboards, work lists, calendars,
reports, etc.
•
Assign administrative prime and backup to communicate to supplier support.
ASSUMPTIONS
This Implementation and Configuration makes the following assumptions:
•
Implementation timelines and fees will depend upon receiving timely feedback from Client
during review and testing periods. It is assumed that the Client will provide feedback on their
solution within a reasonable timeframe.
•
Client forfeits configuration and training services if not completed within project timelines due to
client availability.
Upon signature by Customer and submission to BidNet, this Order Form shall become legally binding and
governed by the Master Agreement between BidNet and Customer, unless this Order Form is rejected by
BidNet. BidNet may reject this Order Form if: (1) changes have been made to this Order Form (other than the
completion of the signature block), (2) the signature is incomplete, or (3) the Offer Expiry date has passed.
SERIAL 230155-IGA
EXHIBIT B - SOLUTION CAPABILITIES
1) Proposed Software Solution
Bidnet Direct is proposing its comprehensive and innovative eSourcing and Contract management
solution. The core bid distribution and vendor management module enable the Local Government
entities to effectively and efficiently manage bids while ensuring the maximum vendor outreach and
transparency throughout their process. The modules proposed are as follows:
•
Requestor: This module allows Government staff to request the purchase of good and
services which requires them to complete a requestor form specific to the organization
including flexible approval workflows. This enables procurement to review, and approval all
purchases before moving on the RFx related information.
•
RFx Creation: Bidnet Direct offers an RFx document creation and generation module that
facilitates the automatic creation of your RFx documents based on templates that you manage
and features such as task creation and workflow assignment, section creation, version control,
and review and approval. The system allows for concurrent users/contributors.
•
Pre-qualification: This module allows potential vendors to be pre-qualified according to your
specifications using a configurable web form. Qualification can be set for all suppliers upon
registration, or by RFP or RFQ. Set your criteria for vendor qualification, define the renewal
process, and integrate supplier qualification with collaborative workflows for maximum
efficiency at every stage of the procurement cycle. No more worrying about vendor capabilities
or security of documentation – simply set the rules with a few clicks and let the system handle
the rest.
•
Vendor and Bid Management: Bidnet Direct provides a best-in-class solicitation and vendor
management module which easily addresses the customer’s requirement for a vendor
registration/notification database tool for potential vendors to register to be notified of
upcoming procurement opportunities and which covers the lifecycle from preliminary bid/
proposal advertisement through to release of the solicitation to interested vendors and posting
and notifications of addenda and Q&A materials.
•
Bid Evaluation: It supports online proposal evaluation and collaboration supporting
customizable bid scoring and quantitative analysis, summary dashboards and detailed views,
notes, evaluator status, alerts. The module also supports conflicts of interest and consensus
evaluation.
•
Vendor Performance Management (VPM): Vendor performance management supports
the setup of evaluation criteria and scoring. Information can be entered by Project Mangers
or other stakeholders as work is completed. Information can be consolidated through
scoring and applied to the By Invitation or Qualification process.
•
Contract Lifecycle Management (CLM): Move from award in bid distribution and vendor
management module to a Contract. A contract can be created from solicitation for one or
more vendors at any point after bid submission. Vendor and solicitation information will flow
into the Contract for fast and efficient resolution of redlining, approvals, and signatures as
required. The proposed out-of-the-box but configurable contract lifecycle management (CLM)
solution replaces existing solutions and manual processes with a transformative system
seamlessly managing all in development and approved contracts, agreements and supporting
documents from a centralized and accessible interface enabling simple and repeatable
contracting steps.
SERIAL 230155-IGA
These integrated solution modules are built upon a common core platform, then tailored to your
exact needs.
To address the requirements of Local Government entities, we are proposing Team edition of CLM.
Please refer to the table below “Bidnet Direct’s CLM Team Edition vs Lite Edition” to view the
distinguishing features.
CLM Features
Lite
Team
Add executed contracts
X
X
Manage multiple contract types
X
X
Search all contract fields & attachments
X
X
Automate notifications & alerts
X
X
Audit the complete contract history
X
X
Store unlimited documents
X
X
Access dashboards & reports
X
X
Manage document templates
X
Redline contracts
X
Enforce approval workflow
X
Add barcodes for added security
X
Access extensive performance metrics
X
Document Collaboration
X
Optional Features
eSignature
Data Migration capabilities
X
Table 1: Bidnet Direct’s CLM Lite vs Team
A. User Interface
The proposed solution is a fully hosted multi-tenant Cloud SaaS solution that requires no software
installation or download, making it a zero-footprint solution. It can be accessed using standard
web browsers like PC, Firefox, Chrome, Edge, and Safari, and is accessible through any device, be
it mobile, tablet, laptop, or desktop. Its web-based user interface has a responsive design, making
it device- agnostic.
The solution's Wizard-like user interface guides the Local Government entities users through the entire
Source-to-Contract (S2C) process, offering informative tips and error notifications along the way. The
interface is streamlined, modern, and user-friendly, with an organized and easy-to-navigate Graphical
User Interface (GUI). Furthermore, the end-user portal can be configured based on user specifications
for distinct categories of end-users, with customizable portal colors, styles, and menu options.
The user interface is highly configurable based on user selections and can be branded with a
configurable branding page that includes a logo and introduction narrative. Permissions are used to
control access to data and functionality, and specialized dashboards provide quick and visual access
for users based on their roles.
The consistent web-based user interface enables purchasing power-users, agency users, and
vendors to execute necessary functions effectively and with ease.
SERIAL 230155-IGA
Bidnet Direct Homepage
Bidnet Direct Sollicitations Page
B. APIs
Bidnet Direct solution is highly flexible and can seamlessly connect with various applications within
a customer's network, including ERPs and CRMs, in both real-time and batch modes. It serves as an
"any- to-any" and "many-to-many" platform, with integrations already in place for popular financial
systems such as Oracle, SAP, MediTech, IBM, Microsoft, Salesforce, NetSuite, bidnet, Bidnet
Direct, Adobe Acrobat, as well as legacy and homegrown systems and eSignature systems.
SERIAL 230155-IGA
The solution provides multiple data transfer options between systems and environments through
its Open API, web services, fully exposed WSDL, and other interface options, allowing for easy and
flexible data integration across different functions and systems, such as legal, finance,
procurement, and partners, for push and pull data synchronization. Real-time data synchronization,
flat file transfers, and batch import options are all available, making Bidnet Direct a highly adaptable
solution for businesses of various sizes and industries.
Additionally, the solution includes an embedded eSignature capability (offered as a Value-added
service to Local Government entities), which is FedRAMP approved, and can also be integrated with
third-party eSignature engines, such as DocuSign and Adobe Signature. Bidnet Direct's vendor-
agnostic approach allows customers to continue using their existing eSignature solution or choose
the vendor of their preference.
C. Supporting Hardware/Software Requirements
The proposed solution is a fully hosted multi-tenant Cloud SaaS-solution. It has zero footprint:
requiring no software installation or download.
The solution is delivered via standard web browser for PC, Firefox, Chrome, Edge, and Safari and
can be accessed using standard internet connection. Its web-based user interface with responsive
design makes the solution device-agnostic and therefore, it can be accessed on any device (mobile,
tablet, laptop, desktop).
2) Maintenance and Support Services
Bidnet Direct provides technical support services for the duration of the Agreement in line with the
agreed-upon service level agreement (SLA).
Once the solution has been moved into production, the Bidnet Direct operations team will take over
and support the Local Government entities’ users.
The Customer Success Team, available to buyers and vendors, is the main contact point for first
and second level support. The I&IT Generalist will analyze the root cause of any issues and manage
their resolution, while the operations support team will work with the communication specialist to
ensure smooth transitioning and on-boarding of users.
The Customer Success team is an integral part of the Bidnet Direct change management
capabilities and has a proven track record in easing the burden of change. The Bidnet Direct
system operates 24 hours per day, 7 days per week, subject to any maintenance-related
shutdowns.
Bidnet Direct provides 24/7 service, except for any maintenance-related shutdowns. The Customer
Success Team is available Monday to Friday from 7 am to 8 pm Eastern Time, in accordance with
the existing Bidnet Direct service.
As part of our ISO-based release process, Bidnet Direct ensures timely updates to all required system
documentation including user guides, training tools, and other materials to reflect changes that impact
administrative users and end-user roles. Product updates are communicated by email to the Local
Government entities staff as part of the Bidnet Direct customer service plan.
SERIAL 230155-IGA
A. Information on turnaround time for support, escalation procedures for addressing problems
that remain unsolved after a set timeframe should also be provided.
All contact made during core business hours will be acknowledged within one hour of receipt. A
complement of well trained, bilingual support agents will handle all incoming requests as well as “off-
line activities” and respond to them within the approved SLA between parties.
Bidnet Direct uses a 3-tier approach to handle customer issues.
All calls or inquiries to the agents are logged into a problem tracking system. Should a support agent
be unable to resolve the issue, the caller will be informed that their issue is being escalated and
contacted very shortly. Once escalated to Tier 2 support, "off-line” agents have time to thoroughly
investigate and resolve the issue and contact the user with the resolution. Tier 3 support is invoked
when Production Support or Management intervention is required. Additionally, users can also access
an elaborate and sophisticated web-based customer care module that will be available to allow those
users who wish to “self-help". Call Centre contact information will be available throughout the
eProcurement Software Solution to ensure that users have full access to support resources.
SERIAL 230155-IGA
EXHIBIT B-1 - SCOPE OF SERVICES
1.
Proposed Solution
The proposed commercial off-the-shelf (COTS) source-to-contract e-procurement platform is a fully
managed hosted multi-tenant environment Software as a Service (SaaS) with the following modules,
value-add features, and services.
PROPOSED E-PROCUREMENT SOLUTION
Core Modules
Bid distribution and vendor
management.
Bid evaluation
Professional Services
Custom
Implementation Services: A collaborative
work effort lead by a Bidnet Direct
project manager. ISO-based and well-
determined five-phased approach with
milestone approval steps and user
acceptance testing to ensure the Client’s
ongoing success.
Continued Support: Enhancement
Requests, Change Requests, Case
Management, dialogue and interviews,
surveys, and other feedback tools, and
more.
Flexible Training Program: Online training
with session and attendee numbers optimized in
consultation with/response to the Client’s needs.
All documentation and a training environment
provided.
Maintenance & Support: Premium support,
including scheduled maintenance, upgrades.
Integration: Native API and Web Service available.
Value-Add Features and Options for the Core Modules
Single Sign On: Using SAML 2.0
Optional RFx creation
Optional Modules
SERIAL 230155-IGA
Contract management
Vendor performance management
Value-Add Features and professional services for the Proposed Optional Contract and Vendor Performance Management
Modules
Financial Calculations: This add-on enables the rollup and
tracking of contract or program related budget/fund availability (decreases and increases) and the
reconciliation of these transactions to an original amount set at the top or “parent” contract level,
providing instant visibility of the available budget across a set of related contracts (e.g., contracts,
subcontracts, and addendas).
Optional eSignature: pre-built integrations with leading third-party signature providers.
Integration: Integration with the Client’s ERP
These integrated solution modules are built upon a common core platform, then tailored to your exact
needs.
The proposed Bidnet Direct solution addresses your core requirements, needs and problems today and
includes additional features, modules and configuration criteria that serve as a foundation to meet future
and evolving requirements for the internal management and monitoring of the contracting process from
request, creation or development through to post-approval stages with enforced processes and workflow
throughout the lifecycle and a searchable repository for in-development and approved contracting
documents.
1.
Sourcing. Made Simple with Solicitation Management
Solicitation Management
SERIAL 230155-IGA
Solicitation
Creation
The Solicitation Creation module supports the creation of opportunity notices for
Goods, Services, Construction or Road procurement. It includes functionality to set
publication parameters, categorize and describe the opportunity or project. The
system supports both scheduled and immediate publication of notices. Qualified
suppliers can be matched with specific bid opportunities on a per-item basis.
Documents, drawings, and specifications can be distributed in hierarchical
fashion. Configurable approval and publication workflow is supported, and suppliers
can be rotated per opportunity.
Solicitation
Search
Buyers can view all open solicitations, or search for a specific RFP can be done by
region, category, buyer, contract type, closing date, or by keyword. Searches can be
saved as a template for future use to save time when searching for specific open bid
opportunities from your organization. Events requiring quick action such as mandatory
bids or “By Invitation” opportunities are highlighted in search results, allowing for
quick visual recognition. Each solicitation and addendum are audited and time
stamped to easily track suppliers’ actions at every stage of the procurement cycle. The
search module is used to index and search the notice information.
Matching
Suppliers
Bidnet Direct Matching Suppliers will send notifications to suppliers automatically
whenever a project of interest is posted. Matching is tied to criteria entered by the
suppliers.
By Invitation
Tendering
The By Invitation module allows buyers to selectively distribute project
information. Suppliers to be invited can be selected based on custom attributes and
qualifications. Access to by invitation opportunities can be limited at the notice level
or at the bidding level. By Invitation Tendering can be used in conjunction with
Vendor Qualification and Vendor Rotation. Suppliers can be invited to bid on contracts
according to qualifications, location, standard classification codes, and other options.
Invitation lists can be saved to use for future bid opportunities. Non-registered
suppliers can be added to the list and invited to bid, allowing you to continue to grow
your pool of qualified suppliers.
New Solicitation with By Invitation Solicitation radio button selected.
Workflow
Roles can be defined to support review and approval workflows for every element of
the procurement lifecycle, from the publication of notices and distribution of
supporting documents, the issuance of addenda, managing questions and answers,
electronic bid retrieval, publishing of the bid results and award information, vendor
qualification and performance management.
Roles & Privileges for Buyers
SERIAL 230155-IGA
Document Management
Document
Management
Document Management supports the distribution of documents, drawings,
specifications, and forms. Material can be organized in hierarchies and packaged in
groups as needed. Bid and RFP Document Management automates the entire
document distribution process, eliminating inefficiencies that are unavoidable with
paper document distribution.
SERIAL 230155-IGA
Administration and mailing costs are reduced or eliminated while ensuring that
suppliers receive your RFP or RFQ and all attached electronically. Suppliers receiving
electronic documents can access and view documents immediately, avoiding costly
downtime associated with the distribution of paper documents.
Addenda
Management
This feature supports the creation, publication, transmission and tracking of addenda
information. Notice changes, document and drawing updates can be grouped and sent
out as a package.
Documents, drawings, and technical specifications are instantly updated, and addenda
highlighted for easy viewing. Suppliers can select to receive automatic notification of
any addenda or modification or to have it emailed automatically to them. A history of
all addenda is always logged, making it easy to track and audit addenda and
modifications at every stage of the bidding process.
Amendment page’s interface with Addendum Description Tab open
Quote
Management
Quote management supports the creation of item lists or quick quotes that suppliers
can quickly respond to. This list can be manually entered or can be uploaded through a
flat file (Excel or similar). Once the list is published, the bidders can enter the price of
each item and forward them to the buyer via the electronic submission module. This
module interacts with the bid evaluation module to allow comparison of submissions
at the item level.
Quote Management and Line-Item Purchasing allow buyers to offer bid opportunities
as a lump quote or on a per-item basis. Bidders can specify the quantity of items
available, unit prices, and alternate items suggested.
Bid Information interface: Items Based bidding.
SERIAL 230155-IGA
NDA/ Messaging
Management
NDA/ Messaging management can be used to control access to supporting documents.
Suppliers must agree to the specified terms or acknowledge the message prior to
being granted access to supporting documents.
Required Acknowledgement section - acknowledgement required.
SERIAL 230155-IGA
Solicitation
Library
Templates feature allows authorized users to browse a complete history of submitted
bids, RFPs, and related addenda associated with your organization’s procurement
process. In addition, buying organizations have access to tens of thousands of RFP and
bids through the Bidnet Direct Solicitation Library which can save time re-writing the
specs needed from scratch.
Vendor Management
Vendor
Database
A comprehensive vendor database is maintained by the system. Buyer can search the
database and add suppliers to lists for selection to an invitational tender. Searches can
be done by supplier name, geographic region, and capabilities, NIGP codes, and/or
self-identified supplier diversity.
Vendor
Document
Access
Vendor access to documents is tracked by the system. Buyers can elect to have
Document Request Lists/Plan Taker Lists displayed to the public or restricted to other
buyers. Detailed parameters such as access method, user, date, and time are stored in
supporting audit trails.
Questions and
Answers
This module supports the management of receiving and responding to questions by
suppliers. Buyers can respond to the supplier individually or to all suppliers. Role based
access to the process ensures that the question is answered by the person most
qualified to respond and the workflow management controls the final publication of
SERIAL 230155-IGA
responses.
Vendor
Qualification
The Vendor Qualification module supports the definition of qualification requirements
and custom fields for suppliers to fill. These can be tied to financial worksheets,
categories of work and specific supplier attributes. Information can be set to be
entered by suppliers as part of a qualification process. Buyers can review, approve or
reject qualification information entered by suppliers. An automatic renewal process
ensures that vendor information is current.
Qualification Section
Performance
Management
Vendor performance management supports the setup of evaluation criteria and
scoring. Information can be entered by Project Mangers or other stakeholders as work
is completed. Information can be consolidated through scoring and applied to the By
Invitation or Qualification process.
Vendor
Rotation
With configurable rotation requirements you set, your supplier database can be easily
segmented for rotational bidding opportunities. Vendor qualification requirements can
be set by your organization per project, providing flexibility when publishing
solicitations and ensuring that procurement governance rules are met no matter who
submits the winning bid.
Multiple rotation lists corresponding to specific qualification agreements or client
requirements are supported. Rotation parameters can be set to determine the
number of suppliers selected by the system whether suppliers can also be selected
manually.
Bid Management
Electronic Bid
Submission
Electronic bid submission allows for the secure electronic submission of bids, quotes,
and qualification information. Buyers can create a bid submission structure tailored to
every solicitation and can use multi-envelope bidding. A second level of authentication
can be applied using an electronic signature to confirm the user’s ability to bind the
company that is bidding. Electronic material being submitted is subject to virus scans,
integrity checks and encryption. Buyers have the option to receive the bid
electronically or manually and the system will track and report on the entire process.
Itemized checklists ensure that all bids contain the necessary documentation to be
compliant.
SERIAL 230155-IGA
Step 1 - Bid Submission
Step 2 – Bidder Compliance & Authentication
SERIAL 230155-IGA
Step 3 – Confirmation of Submitted Bid
Two Envelope
Bidding
Often, organizations require that suppliers submit two separate components for their
bid. The first being the technical proposal and the second being the pricing document.
This allows the procurement organization to review the technical proposals for
compliance and keep the pricing envelope sealed and left unopened throughout the
bid evaluation process.
Bidnet Direct provides a technological method to accomplish this. Whether the
integrated Bid Evaluation module or a traditional review method is used, technical
proposals can be marked as compliant, allowing the pricing envelope to be unlocked
or rejected which would cause the pricing envelope to be locked and unavailable for
opening.
Two Envelope Bidding
SERIAL 230155-IGA
Bid Tabulation
and Evaluation
Tabulation
The bid tabulation module works in conjunction with Electronic Bid Submission and
Quote management. Results are consolidated and submissions are ranked. Various
views of submission data are available support the analysis of the results. Cost and
spend analysis can be tied to the data tabulations which can also be exported for
further manipulation. Cost and spend data can be easily formatted into tables and
exported for reporting and auditing purposes.
The bid evaluation module allows for the definition of evaluation criteria for a program
and then allows the entry of assessments and calculations of scores based on these
criteria.
The system allows the creation of specific evaluation by RFx and assigning weights to
each criterion. A score per section is calculated by the system based on all evaluations
submitted by the evaluators.
Each assessment can be viewed individually or aggregated together by criterion. The
module enables the buyer to identify the panel of individuals who are part of the
evaluation team and to provide them access to elements of the vendor’s response in
accordance with the defined evaluation steps.
Bid Tabulation - Spreadsheet View
SERIAL 230155-IGA
SERIAL 230155-IGA
Bid Evaluation Summary
Awards & Bid
Results
Awards management supports the publication of bid results and award
information. Award data can then be tied to Buyer Dashboards and be used for spend
& cost management analysis. The Award and Bid Results module provides the option
to simply enter award and bid information for record keeping, facilitating the
management of all awarded bids, solicitation results and associated information. A
complete history of your organization’s procurement initiatives including solicitation
bidding results, vendor information, and related documentation is available online at
any time.
Award Publication
Reports
Buyer
Dashboard
Real time buyer dashboards are available to consolidate data from management
reports. Data can be represented as a graph, list, or pie chart. Underlining detailed
data can be accessed and exported. The dashboards automatically consolidate data
from every area of your organization’s procurement activity into an interface that is
both visually attractive and easy to navigate. Users can view live data from the system
SERIAL 230155-IGA
and can drill down for further details. All data is easily accessed and is exportable to
Excel for further analysis.
Buyer Dashboard
Supplier
Dashboard
Supplier dashboards present buyers with key information such as invitations to tender,
responses to questions or system notifications.
Management
Reporting
Management reporting supports the creation of custom tabular reports based on data
throughout the system. Reports can include active and historical
information. Displayed and underlying data can be exported and tied to Buyer
Dashboards.
SERIAL 230155-IGA
Solicitation
Audit Trail
Every transaction conducted in Bidnet Direct is tracked and all data is recorded and
available to buyers in real time. Rather than move important customer data offline to
a data warehouse, the Bidnet Direct database provides for a rolling 7-year real time
access to all data with archiving only applied to data greater than 7 years old at no
cost. The Bidnet Direct platform allows for the export of data in standard formats such
as .csv, .xlsx, .pdf, .htm and .xml for use by other systems as necessary. Bidnet Direct
provides a full audit history. Every transaction on the system is recorded in the
database for both reporting purposes and in support of dispute resolution.
Audit Tab of the Solicitation
SERIAL 230155-IGA
Audit Tab of Supplier Information
SERIAL 230155-IGA
Customer Success
Call Tracking &
Management
The Bidnet Direct Customer Success provides support for buyers and suppliers. The
Bidnet Direct Customer Success Team is available from Monday to Friday (excluding
Public Holidays) 7:00 am to 8:00 pm ET.
Call Tracking and Management tools are used to track all calls and requests and ensure
they are dealt with in a timely manner in accordance with the Bidnet Direct Service
Level Agreement.
All issues are directed through Customer Success to be properly tracked within the
incident management system and will be escalated to Bidnet Direct Level 2 support
personnel as required.
User Logs
User and archive logs track actions taken on the site. They are available to Bidnet
Direct Customer Success agents to help provide assistance to users during service
calls.
Supporting Features
SERIAL 230155-IGA
System
Interfaces &
Data Feeds
The Bidnet Direct system supports the use of interfaces with other management
systems to improve efficiency and maintain data integrity. Interfaces can be
implemented for various aspects of the system including notice feeds, supplier
information, financial information, and contract management.
Branding
A branded page is available to the organization. The page contains information about
the organization, a supplier information section, a supplier registration section, and a
list of opportunities posted by the organization (opened, closed and awarded).
Unique
Destination URL
Branding also includes a customized URL to share with internal and external users such
as buyers and suppliers.
Client
Management
A client is an internal department or organization, for which procurement manages
solicitations on behalf of the client. Procurement as a shared service role may create
client organization, setup rules, manage client views and provide secured access to the
Client of real-time reports and visibility on the Client`s projects.
Service Update
Webinars for
Buyers
Bidnet Direct communicates details of updates through published release notes. As
well, buyers and suppliers will have online access to detailed documentation. Bidnet
Direct will host webinars for the release of new major level functionality.
Custom Queries
and Adhoc
Reports
All actions within Bidnet Direct are tracked and time stamped allowing both buyers
and venders access to audit trail information for dispute/audit purposes. The reporting
module allows easy access to comprehensive data from historical events to help
organizations respond to stakeholder enquiries. Bidnet Direct also supports its
customers by providing database queries to access information not normally surfaced
by reports.
Bidnet Direct buyers can create ad hoc reports with the integrated business
intelligence module to provide very flexible and detailed reports. Reports can be
created by choosing one of the available datasets and selecting the desired columns,
filters, and calculations. Once reports have been created, buyer administrator can
render them and make them available to other buyers, schedule them on a daily job or
export them in various formats for ease of consulting.
Project
Management
for Rollout
(Buyers and
Vendors)
To ensure success and strict adherence to the implementation schedule, Bidnet Direct
provides an Implementation Manager who engages and leads a cross-functional team
through the implementation and rollout. The implementation manager coordinates
multiple streams of activities spanning project management, system engineering,
communications, change management, technology rollout, training, quality assurance
and operation support. Our proven approach applies a proven Software Development
Life Cycle (SDLC) process to guide the design, configuration, implementation, and
rollout.
Consulting and
Process
Mapping
A Bidnet Direct project manager will work closely with your organization to map your
current procurement processes to Bidnet Direct. Bidnet Direct provides training to
your team to help them understand the functionality of the service.
As part of the configuration and implementation portion of the project, Bidnet Direct
will conduct a process mapping analysis and develop the Configuration requirements
(Runbook). Additional meetings will be conducted to present the rollout and
implementation project schedules.
SERIAL 230155-IGA
Bidnet Direct will help to define a formal plan that details all activities related to
change management. The plan is designed to reduce project risk and ease the
transition burden of staff, suppliers, and stakeholders. The Bidnet Direct change
management strategy is tailored to the unique dynamics of the organization, staff, and
stakeholders.
The plan follows four key steps that establish a framework for communication,
configuration, testing, training, and support. The following steps are part of our
change management process.
Step 1 - A formal plan to document project activities including:
•
Identification of key stakeholders.
•
Online demonstration to key stakeholders.
•
Participation in configuration sessions.
•
Document transition strategy for existing business processes to the
proposed solution.
•
System configuration.
•
Bidnet Direct conducted testing.
•
Pre-training.
•
User acceptance testing.
•
Communications.
•
End user training.
2.
Optional RFx Creation
RFx creation and contract/agreement creation use the same document creation/document management
utility that includes features such as templates, auto-generation, tracking, searching, reporting, approvals
workflow, notifications, and other flexible options. To access this document creation/document
management utility simply click the “Contracts” option in the main Bidnet Direct Solicitation Management
window.
RFx Solicitation from RFx Plan without Approvals Process
To create a new RFx, the user then simply clicks the “RFx-Plan” button on the RFx Creation home page.
For the creation of their RFx Plan, the user has access to a formal bid request document repository
(wherein they might locate previous and similar plans/documents to clone/copy; pre-configured and
approved templates if they prefer to start from new; and a “scratch pad” type form to pull together their
plan and plan documentation.
The RFx Plan is intended as a “scratch pad” or workspace where users (Requestor or Department users)
can gather the elements (cost center, compliance requirements, market research, evaluation criteria,
etc.), to initiate their request and begin drafting their RFx documents; manage any associated approval
workflows and manage related communications (decision makers, purchasing, clients). Selecting the RFx-
Solicitation “Type” dictates certain form/field details including mandatory vs. optional requirements.
After the user has completed all mandatory fields, the online requisition form is saved and auto approved.
Once approved, the user can move directly into the stages for more formal solicitation approval and
document generation based on the deliverable items of the requisition.
SERIAL 230155-IGA
Collaborating on a Draft RFx Solicitation
Licensed RFx users can fully collaborate in Word or Excel documents online simultaneously without
needing to download documents to their desktop.
The online document collaboration feature offers strong text editing capabilities, Microsoft Word and
Excel compatibility, permissions management, sharing and live editing capability, access control, and
download features.
The Collaboration section is located within the RFx Document section of the online form. Users can select
the names and email addresses of collaborators, the setting of permissions (Owner, Edit, Comment and
Read-Only) and collaboration due date and enable the initiation, tracking and completion of the
collaboration process.
Any user with written access to the online form can initiate the collaboration process. The initiator
(typically the user who created the form) can edit the working document in the editor prior to beginning
the collaboration process or session, if required, by clicking “Edit” in the Collaboration section. When the
document is ready for collaboration, the initiator populates the Collaboration section by selecting
collaborator names and emails from a lookup, setting permission levels and the collaboration due date if
needed. Comments can be added in the Comments field which are included in the automated email
notification is sent to them inviting them to edit the document. The user who initially clicks the “Edit” or
“Share” button is automatically set as a document “owner” with owner specific capabilities. An owner
starts the collaboration process, views collaborator progress, adds or removes collaborators before and
during the session, accepts and/or rejects collaborator changes and finally completes the process directly
in the Collaboration section. More than one “owner” can be defined in the collaboration process. Other
owners have the same abilities as the initial owner, which can be useful for delegation purposes, vacation
coverage or other business needs.
Once “Share” is clicked, automated “owner has invited you to edit” email notifications are sent to each
collaborator containing a link to the document in the editor and includes any comments that may have
been added in the Comments field of the Collaboration section.
Upon clicking the Open button available in the email, collaborators are directed to sign into the application
and then sent immediately to the editor where they can review, edit, comment or view (based on
permissions granted) the document directly in the editor. All collaborators who are in the editor at the
same point in time are listed in the right-hand side of the ribbon menu. All modifications made to the
document by collaborators with edit permission are tracked using the track changes feature and changes
are also displayed real-time in a comment balloon to allow for a quick edit or quick delete of the text.
Upon completing their review, collaborators click “Complete Review” which automatically generates an
email notification to the document owner(s) and changes the status in the Collaboration section of the
online form to “Completed” for that specific collaborator. In addition, an automated notification is sent
to owners when all reviews are completed.
Owners can, at their discretion, accept or reject changes made to a document before all collaborators
have completed their review. A Replace Working Document button is available to enable the owner(s) to
SERIAL 230155-IGA
replace the working document with the collaborated document at any point during and before completing
the collaboration session.
Upon acceptance of the document contents, each owner clicks “Complete Review” in the editor which
changes their status In the Collaboration section of the online form to “Completed”. Typically, the initial
owner clicks “Complete” in the Collaboration section when all reviews have been completed and
document contents accepted, however any owner can click “Complete” at any time in the session and
prior to all reviews being completed if necessary.
When “Complete” is clicked in the Collaboration section the section status is changed to “Completed”
which signals the end of the current collaboration session. Also, upon clicking “Complete” the final version
of the collaborated document is automatically uploaded to the Working Document field ready to send for
signature(s) or if it is determined that further collaboration is required, the collaboration process can be
restarted by clicking “Edit” or “Share” again.
Adding Collaborators to Process
Document owners can add collaborators at any time during the collaboration session which generates an
“owner has invited you to edit” email notification to each of the new collaborators and includes a direct
link to sign into the application and access the document in the editor.
Tagging Collaborators
During the collaboration process, any of the collaborators (except read only) can add a comment in the
document and tag it to other collaborators which trigger an email notification to inform the tagged
collaborator(s) of required action.
Canceling the Collaboration Process
Owners can cancel the entire collaboration process at any time by clicking “Cancel” in the Collaboration
section. This resets all collaborator statuses, and the section status to “Not Started” and the original
template or previously uploaded document is reinstated in the Working Document section with no
changes.
Reminder Notifications
By default, reminder notifications are sent 7 days and 2 days prior to the collaboration due date to any
collaborator who has not yet completed their review. Owners can turn this option off with the “Send
Reminders” toggle switch available in the Collaboration section of the form.
Help Tips
Help tips are available by clicking the icon appended to fields in the Collaboration section on the online
form.
SERIAL 230155-IGA
Dynamic Reports for Collaborators
The Document Collaboration feature includes automatically created reports, available in the
collaborator’s My List. When a collaborator runs the My Collaborations report, the resulting list of forms
displays only the forms intended for that collaborator, making it easy to quickly locate and access the
documents that require their review.
RFx Solicitation from RFx Plan with Approvals Process
If formal approval of the RFx Plan is a preferred step an approvals workflow can be applied at this stage
as well.
RFx Sollicitation Standalone
If a parent requisition plan (RFx Plan form) is not required, the RFx solicitation can be created as a
standalone form eliminating the need for RFx Plan information when it is not relevant or required. When
a parent RFx Plan is provided, the RFx Solicitation form will be a child form under the RFx Plan. Standalone
RFx Solicitation forms do not have a Requisition Plan Details section.
RFx Solicitation from Approved Request Form (Optional Request Module)
If the Request module (see Requests and Requestors on Page 41) is being used, procurement users can
seamlessly create an RFx Solicitation (e.g., RFI, RFP, RFQ, etc.,) directly from an approved Request form.
When configured, an approved Request form displays a Solicitation Information section with a "New
Solicitation” button which is clicked to create the RFx Solicitation form and select the RFx type. RFx
Solicitations from Requests can be created as standalone forms or under a related RFx Plan.
Once the RFx Solicitation form is created, it contains a link to the related Request form enabling quick
access to the request requirements for any other users who may be working on the request.
System applications can be configured with the Contract, RFx and Request modules. In this case, approved
Request forms display both the Contract Information, and the Solicitation Information sections, enabling
procurement specialists to create and publish solicitations or complete the request directly through an
existing contract as required.
Auto-Generation of Solicitation Notice
RFx documents and solicitation details created, reviewed, and approved in the RFx Module can be
automatically “pushed” to Bidnet Direct Solicitation Notices.
Prospective buyers doing both pre-solicitation work in the RFx Module, as well as solicitation publishing
in Bidnet Direct will now have their Solicitation Notices auto generated in Bidnet Direct in a Draft state
ready to be reviewed and completed by the appropriate parties before officially publishing to start the
bidding process.
SERIAL 230155-IGA
Return to Core Bidnet Direct Solicitation Management Module
To return to the core Bidnet Direct bid distribution and vendor management capabilities (Bidnet Direct
Solicitation Management) area, the user needs to simply select the option “Sourcing” under the Profile
icon.
Monitoring RFx Progress
The system provides numerous convenient methods to monitor and report on RFx workflow and status
including the following.
Workflow/Approval Steps
You can have one or more standard workflows that can be selected and applied. These workflows can
even be updated by special users (e.g., admins or others with appropriate editing privileges). You can also
provide manual workflows allowing specific users or criteria to support manual approval routing.
Workflows based on thresholds (e.g., date, monetary value, etc.) can also be easily configured and
maintained. The solution can manage simple workflow through to complex, multi-step, business-ruled
based workflows and sub-workflows for process automation and approvals. Workflows can be sequential
or parallel (concurrent), they can be tied to automated notifications and alerts and customizable reports,
they are tracked in the solution’s robust, audit-ready history and they can be configured to the precise
requirements as set forth by the customer. The complete solicitation publication and addenda process
are tracked in the audit trail.
Home Page
A special Home Page puts prioritized organizational-level information front and center for all users
including selected reports and quick action buttons. This streamlined Home Page can be used as the
starting point for users, providing them with easy access to information required to perform their daily
tasks. The page includes a report section, heat map calendar, quick action buttons and more. Users can
view their RFxs in a list view with quick links to take the user directly to the RFx record. Similarly, My List,
Dashboard, Calendar, and Reports can also be configured.
Automated Notifications
Automated email notifications include direct links and/or necessary documents are attached. The
contents of these notifications can be edited. These notifications provide the ability to alert or notify the
user(s) with the option to send follow-up reminders emails. With the help of support in preliminary setup,
additional email notifications can be configured to be automatically sent to either internal or external
user(s) notifying them of other upcoming RFx events, dates, reminders and more -- helping avoid
bottlenecks and improve operational efficiencies. Email parameters that can be set to send an email
notification with the help of support include:
•
Approval,
•
Pending Approval
•
Rejected
•
Approval Due Date
•
Expiration Date
SERIAL 230155-IGA
•
Final Approval
•
Expiration Date (30 days and 1 week
prior)
The robust email notification interfaces with corporate SMTP email servers so you can receive system
email right into your corporate inbox.
Searching
The system provides robust and flexible search options including the ability to search across all system
fields and in full-text documents. Users also have the option to search only active documents and/or to
include archived documents in searches. All record fields (whether out-of-the-box or custom-defined),
attributes, metadata, and documents (full-text search of main documents and attachments) are
searchable – including by criteria such as customer, deliverables, milestone dates, etc.-- and searches can
be expanded to include multiple values or narrowed down to a single field. The system includes OCR
capability.
Drilldown Reporting
The robust reporting capabilities are a completely integrated component of the system and start with the
system’s search functionality and represent a constant live or real-time view of the system data. Users
can easily create their own reports based on their searches without requiring data model knowledge. All
fields – those out-of-the-box and user-defined -- are searchable and searches can be expanded to include
multiple values or narrowed to a single field value. Further, all searches can be saved and re-run on an ad-
hoc basis or converted to regularly scheduled reports with the added ability to suppress blank
searches. Reports can be previewed, sorted, drill downed on, etc.
Requests and Requestors
As an optional module, the Request Module, Request Forms and Requestor user type provide a cost-
effective means to allow any required parties to initiate a request (RFx, contract, agreement, agreement,
solicitation, grant, etc.) without necessitating Full Access or read/write access licenses. The types of
requests that can be made depend on the specific Request Forms configured in your application but
include RFx, contract, agreement, etc.
Requestor licenses are a cost-effective alternative to Full Access licenses and serve to limit the Requestor
user’s privileges to actions related to requesting initiation of a new RFx, contract, agreement, etc., which
includes creating, submitting, revising, and canceling requests. Requestor users submit requests for
completion and fulfillment by another party (e.g., contract/procurement manager). The Requestor need
simply enter their requirements in the appropriate Request Form and a contract/procurement manager
will review and initiate the appropriate contracting/procurement steps. Requestors can subsequently
track the progress of their requests via convenient user specific My Lists, review the contents of their
requests and communicate with the contract/procurement manager throughout the entire process. The
Requestor does not have access to searching and reporting features.
When a Requestor submits a request, the contract/procurement manager gets notified of the new
request, to approve/reject/edit and, if approved, perform the required actions for creating the resulting
contract, subcontract, solicitation, etc.
SERIAL 230155-IGA
EXHIBIT B-2 - IMPLEMENTATION TIMELINE
1) Core Team
A. Provide a list of all individuals, proposed to be involved in the project, and their respective roles.
Please find on next page the details of the key personnel involved in this project:
Brian Smith
Project Sponsor
Background
Brian has managed various aspects of the Bidnet Direct Source to Contract solution for
nearly 10 years. Prior to Bidnet Direct, Brian served as Board member, Chief Technology
Officer and Vice President of R&D at Gridpoint Systems (now Ciena). Brian began his
technology career as a software developer at Mitel. From there he moved to Alcatel
(Newbridge Networks) as Assistant Vice President, Service Management, he developed
some of the first Telecom service management products. Synesis Limited (now Subex
Ltd.) then recruited him as Senior Vice President of R&D and Professional Services, and
he was instrumental in their evolution to a global OSS company.
Education
Bachelor of Science in Systems Engineering from the University of Waterloo
Similar
Project
Experience
Bidnet Direct solution for: Fulton County, GA, Village of Orland Park, IL, Widefield School
District, CO and Clayton County, GA
Specialty
With more than 30 years of successful Professional Services, IT, product development
and customer implementation experience to call upon, Brian oversees operations at
Bidnet Direct including hosted solutions, Information Technology, product delivery, and
customer support services.
Ginette
Levac
Project Manager
Background
Ms. Levac offers more than 20 years of hands-on Bidnet Direct and Bidnet Direct
experience, expert knowledge of procurement practices and extensive experience in
product and project management. She has a deep understanding of the tendering
process from an administrative, buyer and supplier point of view. From this vantage
point, Ginette’s intimate knowledge of the Bidnet Direct client base (supplier and buyer)
is essential to understanding customer requirements, assessing configuration &
integration requirements, conducting gap analysis and proposing any service
enhancements.
Education
Studied Business Administration at College La Cite
Similar
Project
Experience
Bidnet Direct solution for: Fulton County, GA, Village of Orland Park, IL, Widefield School
District, CO and Clayton County, GA
SERIAL 230155-IGA
Specialty
Through her client-focused work, Ginette has sought to improve the methods for
understanding and capturing the business priorities of her customers. Her customer
service experience and understanding of the Bidnet Direct user community is critical to
addressing customer needs. Ms. Levac can translate these needs into business
requirements for system development and product or service enhancements.
B. Provide a list of projects successfully completed by the identified individual(s) in the last five (5 years).
As the core implementation team, all members listed above have been involved in the following
projects similar in size, scope and complexity completed in the last 5 years for public sector clients:
i.
Fulton County, GA
ii.
Village of Orland Park, IL
iii. Clayton County, GA
iv. Widefield School District, CO
2) Methodology and Work Plan
A. Provide a description of the work program and methodology required for the project;
i.
Identify all project phases including (as applicable) development, testing, training,
implementation and launch;
Our implementation methodology follows an agile project management approach leveraging
transparency, customer focus, adaptability, shared ownership, and continuous improvement. Our
approach is a transparent customer-focused, collaborative work effort between the Local Government
entities’ project team and Bidnet Direct’s implementation team.
To ensure project success, implementation is methodically performed in five phases--Discovery,
Configure & Refine, Solution Completion, Go Live, Ongoing Support/Releases--with multiple sub-steps,
including training for administrators and users, as illustrated in the figure.
Rhonda
Howard
Client Onboarding Specialist
Background
Rhonda Howard is a professional trainer and onboarding specialist with over 20 years of
experience helping customers navigate website functionalities.
Education
Certified Train the Trainer
Similar
Project
Experience
Bidnet Direct solution for: Fulton County, GA, Village of Orland Park, IL, Widefield School
District, CO and Clayton County, GA
Specialty
At Bidnet Direct, Rhonda creates customized training programs that include practical
hands- on exercise and one-on-one support. After the training program, she ensures that
each participant has the skills and knowledge necessary to competently do their job using
the Sourcing and Contract Lifecycle Management software. Rhonda is key to the extra mile
of customer service offered by Bidnet Direct. She continues to work directly with
customers after training to provide one-on-one walk- through support for their first uses
of the system.
SERIAL 230155-IGA
Fig 3: Implementation Phases
ii.
Identify all the steps to be taken; hours/days that would be required of Local Government
staff and the Proponent team;
PHASE 1: DISCOVERY, Duration: 2 days
Step 1: Project Kickoff
Agenda-guided kickoff meeting is attended by Bidnet Direct business
analyst and the Local Government entities implementation team,
including system users and report recipients. Following kickoff, Bidnet
Direct delivers meeting minutes and MOU documenting customer
requirements
Step 2: Defining Project
Scope
Duration:
Local Government entities decides on required fields and completes
Bidnet Direct's Field Definition Spreadsheet, identifying field names, field
types, default values, mandatory fields, etc. to develop for the system.
Bidnet Direct meets with Local Government entities to review field
definitions and to flesh out required reporting functions and formats for
the system.
Step 3: Documenting Project
Scope and User Acceptance
Bidnet Direct documents requirements in its Solution Definition
Document, outlining scope, major design considerations, application
solution details, requirements/features list, reporting requirements,
integration needs, etc. User acceptance criteria and operations checklist
are created for same; final proposed timeline/deliverables also included.
Final Work Plan or Statement of Work (SOW) is provided to, and agreed
upon by, the team.
PHASE 2: CONFIGURE AND REFINE, Duration: 4 days
Step 1: Configure
Bidnet Direct uses the Field Definition Spreadsheet finalized in Phase 1 as
a map to build the Local Government entities’ application, including report
development and integration requirements set up.
Step 2: Review
Bidnet Direct walks the Local Government entities through the system and
may allow the County “play” with the tool in a sandbox environment.
Step 3: Refine
Bidnet Direct refines the configuration based on customer feedback from
the review. Deliverables include:
• Follow-up meeting agendas, meeting minutes, and action plans
• Response to customer feedback for the configuration, reports,
integration points, etc.
• Memoranda listing the standard available reports and the ad-hoc
reporting options
SERIAL 230155-IGA
• Regular integration progress updates (if applicable), including any
challenges with system communications or integrations
PHASE 3: SOLUTION COMPLETION, Duration: 30 days
Step 1: System Testing
Bidnet Direct will guide the Local Government entities in developing a test
plan that includes overview, scope, and schedule of all activities and
resources needed for component testing and system testing as well as test
protocols and evaluation forms. Once approved, we will demonstrate that
all solution and functional needs have been met, including system
integration.
Bidnet Direct testing team will thoroughly test your application against
your final test requirements and a set of quality exit criteria to ensure a
fully operational and optimized system regarding workflows, display,
search, reporting, etc.
Step 2: Promotion to
Training System and User
Acceptance Testing (UAT)
Once the software is tested, we move the application to your training
system and provide your team with user accounts for User Acceptance
Testing (UAT).
PHASE 4: GO LIVE, Duration: 110 days
Step 1: Promote to
Production System
Bidnet Direct works with Local Government entities to ensure a smooth
transition and deployment. This entails drafting a transition plan that
describes all transition steps, anticipated challenges, and Local Government
entities resourcing commitments. Following the Local Government entities’
approval, the transition plan and subsequent deployment may proceed.
Step 2: Data Migration
Bidnet Direct works with the Local Government entities to determine the
best approach to migrate all electronic data in the Local Government
entities’ software programs/applications to the new system.
Note: Data Migration is applicable to CLM only.
Step 3: Training
Bidnet Direct trains according to the training options and user groups
selected by the customer during Discovery. Normally, the program entails
technical, expert and end-user, administrator training. Train-the-trainer and
end-user training are standard.
Phase 5 – Ongoing Support, Release Process and Documentation Updates
Step 1: Ongoing Support
Bidnet Direct will provide technical support services for the duration of the
Agreement according to our service level agreement (SLA) with Local
Government entities for the support and maintenance of the system and
other component modules.
Step 2: Release Process
Bidnet Direct provides scheduled and preventative maintenance, including
routine updates, software revisions, bug fixes and patches for the duration
of its Agreement with Local Government entities. Bidnet Direct typically
SERIAL 230155-IGA
upgrades hardware every three years; this upgrade is usually independent
of the Java application and is backward compatible.
A quarterly core release to the platform on the SaaS servers and a quarterly
application maintenance cycle allow for smaller, more incremental changes
than a large annual release. Critical patches are released as required.
After each production upgrade occurs, a test suite is executed to ensure the
upgrade’s success with procedures and policies in place to expedite and
address future issues, if any.
Step 3: Change Management
Bidnet Direct’s ISO-based quality management program includes protocols
for documenting and notifying stakeholders of scheduled changes and
system downtimes. It also includes protocols for testing and training,
customer acceptance of and sign-off on system changes, and assurance that
system modifications will not interfere with integrated software
compatibility. The Mex team, along with select members of the customer’s
team, will develop and facilitate the change management plan, which will
commence at project kickoff and continue for the project duration. The
change control plan is for assessing and evaluating the impact of change
requests on the project, including project resources and timing. As part of
this plan, Bidnet Direct presents the customer’s team with the expected
costs of change requests and makes recommendations. The customer’s
decisions and required actions are squared with and incorporated in the
project plan
Step 4: System
Documentation Updates
As part of our ISO-based release process, Bidnet Direct ensures timely
updates to all required system documentation including user guides,
training tools, and other materials to reflect changes that impact
administrative users and end-user roles.
Bidnet Direct reviews and revises as needed training tools, guides, and
administrator’s manual and maintenance guides with each quarterly release
to reflect changes made to the system.
SERIAL 230155-IGA
iii.
Identify and clearly explain the role of each resource you will be using and the role(s) they
will play in the development of the plan; and
Project Sponsor
Project
Authority
Project
Manager/
Coordinator
Business/
Functional
Resource
Technical
Resource
Training
Coordinator
2 hours during an
implementation
project
4-6 hours per
week during
the project
2-3 hours per
week during the
project
1-2 hours and
checkpoints as
needed
3-4 hours
throughout the
project
Varies depending
on the training
method selected
• Champion
projects and
validate
decisions.
• Provide
resources to
support the
project.
• Signoffs.
• Subject
matter
expert on
business
process.
• Define
process and
workflow.
• Test
process
• The primary
point of
contact.
• Provide
overall
project
coordination
• Provide
input/validation
to process
design.
• Participate in
User Acceptance
Testing.
• Familiar with
SaaS data
solutions and
processes
related to
integration.
• Coordinate
data import
/testing.
• Contact
Support on
technical
issues.
• Receive and
provide
training (train
the trainer).
iv.
Provide an anticipated delivery and implementation schedule in number of days from date
of award, identifying key dates, milestones, and deliverables.
The project will be properly sized and scoped as we move forward in the proposal process. Step one of
our project is to establish a project schedule (See outline images below). Implementation time will be
determined based on collaborative effort, time, availability of subject-matter experts and
stakeholders, and the configuration requirements of the project.
At Bidnet Direct, we also offer a phased implementation approach where our implementation team
collaborates closely with your project team to define specific deliverables for each phase, expediting
the process.
SERIAL 230155-IGA
SERIAL 230155-IGA
SERIAL 230155-IGA
EXHIBIT C - SERVICE LEVEL AGREEMENT
SERVICE LEVEL AGREEMENTS
INTRODUCTION
This Exhibit sets forth service performance levels and defines procedures pertaining to the
Services provided by the Contractor. Additionally, it describes the metrics and performance
indicators by which performance levels will be measured and the remedies that will be
available, scheduled maintenance, escalation, and notification procedures involving support
events. Events include functionality issues, technical availability, security breaches,
maintenance requests, and requests for service.
ANNUAL REVIEW
Through the Term of the Agreement, Contractor and the Customer will review the
performance metrics set forth in this Exhibit. Any of them may, no more than once per year,
request revision of the performance metrics, including, but not limited to: the classification of
the performance standards, the service levels, the reporting requirements, and the amount of the
Service Credits or other issue. The Party(ies) requesting the change shall send the other Parties
written notice detailing the requested change(s). The Parties shall meet to discuss the requested
change(s). No change(s) will be effective until agreed upon in writing by all Parties.
SOLUTION SEVERITY ISSUES AND RESOLUTION
The service parameters set forth below are the responsibility of the Contractor in the ongoing
support of its performance under this Agreement.
ISSUE SEVERITY LEVELS
The Party(ies) shall agree upon the category of an issue based on the following definitions
and as outlined in Attachment A-2:
Severity One
Critical Service Impact. Customer's production use of our products on a primary business
service, major application or mission-critical system is stopped or so severely impacted that
the customer cannot reasonably continue work.
For Severity Level 1 problems, Contractor will begin work on the problem within fifteen
minutes of learning of the issue, and handle as the highest priority until the customer is given
a fix or workaround. Customer resources must be made available in Severity Level 1
situations and reasonably cooperate to help resolve the issue.
SERIAL 230155-IGA
Severity 1 issues will be addressed 24 hours x 365 days.
Severity Two
Significant Service or Implementation Impact. Important product features are unavailable
with no acceptable workaround. Customer's implementation or production use of
Periscope Holdings, Inc. products in a primary business service, major applications or
mission critical systems are functioning with limited capabilities or are unstable with
periodic interruptions. The software may be operating but is severely restricted.
Severity two issues are limited to the events dictated in Attachment A-2, Events Column
and will be worked during normal business hours.
Severity Three
Product features are unavailable but a workaround exists and the majority of software
functions are still useable. Minor function/feature failure that the customer can easily
circumvent or avoid. Customer's work has minor loss of operational functionality. No data
has been lost, and the business service, application, or system is still functioning.
Severity Four
Minor problem or question that does not affect the software function such as How To's,
documentation, general questions, or enhancement requests. There is no impact to
product usage or customer's operations.
Resolution Categories
Contractor shall categorize the resolution of the issues as follows:
• Answered – the issue was simply a question that was answered.
• Fixed – the issue was addressed.
• Works as Designed – the issue as described is working as intended and is not a
defect.
• Cannot Reproduce – the issue reported, despite testing and investigation cannot
be reproduced to further determine cause. These issues are ultimately closed but
can be reopened if recurrence happens.
• Enhancement Request – Customer has reported a suggested enhancement for
consideration for inclusion in a future build. These tickets are closed from the
Support queue and transferred to Product Development but available for
Customer’s reference.
SERIAL 230155-IGA
Notification
Contractor will notify the Customer any time the Solution is not available as soon as practical, but
not more than one hour, after becoming aware of such unavailability.
Notification Response
Contractor shall respond to all issues based on Severity Level as follows:
• Severity 1 Response: Contractor shall begin resolution efforts begin upon awareness
of an issue and continue until resolved. Contractor shall respond to the requestor
within 15 minutes of being notified of an issue. Contractor shall update the Customer
hourly until the issue is resolved.
• Severity 2 Response: Contractor shall respond to the requestor with 30 minutes of
being notified of an issue. Contractor shall update Customer every two business hours
until the issue is resolved.
•
Severity 3 Response: Contractor shall respond to the requestor within 60 minutes of
being notified of an issue.
•
Severity 4 Response: Contractor shall respond to the requestor within 24 hours of
being notified of an issue.
Resolution
Contractor's issue resolution time will be based on Severity Level as follows:
• Severity 1 – Contractor shall develop a resolution plan and notify Administrator within 4
hours of notification of all Severity 1 issues and shall restore service within 24 hours.
Contractor shall begin resolution efforts upon receipt of notification and continue until
resolved. If resolution requires a software correction, it is delivered as a Hotfix/service
patch. The standard resolution time is as quickly as development can produce and test
the correction.
• Severity 2 – Contractor shall resolve environmental issues within 24 hours or provide
Hotfix/service patch within 10 business days.
• Severity 3 – Contractor shall resolve all Severity 3 issues within 1 year of notice. If
resolution requires a software correction, issues will be bundled and made available in a
future product version release.
• Severity 4 – Contractor will consider all Severity 4 issues within the product roadmap.
Scheduled Maintenance
Contractor will prepare and deploy new or upgraded versions of the system to improve
performance and service quality, support alternative business processes, address error
correction and legal requirements or to maintain the competitiveness of the services.
SERIAL 230155-IGA
Contractor may update the services from time to time without obtaining the county’s consent,
providing the updates do not adversely affect the functionality, operation or availability of the
existing services. Maintenance will be done after business hours and have no impact on system
availability, unless notice is provided to customers.
Contractor will not update the services such that they materially adversely affect the
functionality, operation or availability of services without obtaining the prior written consent
of the county, which may not be unreasonably withheld or delayed.
Feature Suggestions: Contractor will accept suggestions for future enhancements of the
services. Suggestions should be submitted via the Client Support Process. Contractor will
review suggestions on a regular basis and may, at its sole discretion, incorporate the
suggestions in a future service upgrade.
System updates will be performed at no cost to the county
Disaster Recovery
Contractor will provide Disaster Recovery services as follows:
• RPO (Recovery Point Objective) of no more than 1 hour of lost data and, RTO (Recovery
Time Objective) within 24 hours of outage as part of the services provided - Contractor
must provide disaster recovery and business continuity capabilities in the event of a
disaster.
The above disaster recovery and business continuity criteria will be in effect only in the event a
disaster is declared at the primary site and the Solution is transitioned from the primary site to
the disaster recovery secondary site.
In the event that the Solution is unavailable, or performance is impacted without disaster
declaration, then the agreed upon Service Credit requirements will be in effect.
SERVICES
Contractor Support Desk
Contractor shall provide the following Support Desk services to Users and
Suppliers/Vendors:
Online support portal and ticketing system to report and track issues: Available 24 hours
a day, 7 days a week; monitored during Business Hours (Monday-Friday 6am - 7pm MT
excluding Contractor holidays);
Ability to contact call center to report technical and functional issues during Business
Hours;
An easily accessible frequently asked question list and a technical and functional team
available during Business Hours;
Non-Business Hours response to tickets reported as Severity Level One issues;
SERIAL 230155-IGA
Ability to review responses to and update issues in the Online Support Portal;
Ability to access online functional help tools such as quick reference guides and online
video tutorials; and
Ability to view all functional issues reported by the Customer in the Online Support Portal.
SERVICE CREDITS
Credits for Failure to Meet Service Level Requirements
Customer will automatically receive credits against amounts due if Contractor fails to meet one
or more of the Service Level requirements as defined in Attachment A.
Service Credits do not apply to Related Services or Additional Services as described in Exhibit A
or A-1.
Service performance is measured monthly and credits are calculated monthly.
Contractor shall accumulate the credits, if any, for the year and apply the credits to the
Customers’ annual subscription fees.
Monthly service credits shall not exceed 1/12 of Customers’ annual subscription fees.
MEASUREMENT AND REPORTING
Contractor shall monitor and provide monthly reports on performance, as detailed in Attachment
A, on or before the 10th day of the following month.
ATTACHMENT A
Report
Description
Obligation
Measurement
Report
Requirement
and Frequency
Service
Level
Credit
Solution
Available
A performance
metric indicating
that the Solution is
Available.
Solution will be
available 99.9% of
the time,
(excluding
scheduled
maintenance)
Contractor will
measure Solution
Availability by
averaging
availability on a
monthly basis.
Monitoring will
determine if the
application is
available,
notwithstanding
factors external to
the application that
affect individual
users’ ability to
access the system.
Availability will be
assessed no less
than every 5
minutes.
Monthly report will
show percentage of
time Solution was
Available for the
month.
Failure to
meet the
Solution
Available
obligation will
result in a
service credit
equal to 5%
of 1/12 of the
annual
subscription
fee.
Issue
Response
Time
Elapsed time
between when an
issue is reported
and when the
Customer receives
acknowledgment
of the issue from
the Contractor’s
customer support
person (not just
the online Portal).
Contractor’s
response time will
be within the time
identified for the
severity issue:
Severity 1: 15
minutes
(24x7x365)
Severity 2: 30
minutes (During
Business Hours)
Severity 3: 60
minutes (During
Support Desk
monitored hours)
The difference
between issue
submission and
acknowledgement of
the issue from the
Periscope customer
support person.
Monthly report will
show all issues and
Issue Response
Time. Report will be
grouped by severity
level. The total
number of issues
not meeting the
standard will be
shown for each
Severity level.
For every 10
instances
Contractor
does not meet
the response
there will be a
service credit
equal to 5%
of 1/12 of the
annual
subscription
fee.
Issue
Resolution
Time
Elapsed time
between when an
issue is reported
and when a plan
for resolution is
presented to the
customer.
Contractor’s Issue
Resolution Time
will be within the
time identified for
the severity issue:
Severity 1:
Resolved within 24
hours
Severity 2:
Resolved within 10
days of notice
Severity 3:
Resolved within 1
year of notice
The time difference
between issue
submission and
assigned issue
resolution status of
resolved (Resolution
Categories of
Answered, Fixed,
Works as Designed,
Cannot Reproduce,
Enhancement
Request, or
Transferred to
Development).
Monthly report will
show all issues
reported during the
month and any
issues without a
Resolution Status at
the beginning of the
month, the time
elapsed between the
date/time of issue
report and a
resolution status of
resolved. Report will
be grouped by
Severity Level. The
total number of
issues not meeting
the standard will be
For every 10
instances the
resolution
time does not
meet the
standard
there will be a
service credit
equal to 5%
of 1/12 of the
annual
subscription
fee.
SERIAL 230155-RFP
Severity 4: not
subject to
calculation
shown for each
Severity Level.
Online
Portal
Available
Contractor’s
customer support
function through
the Online Portal.
Online Portal
services are
available 99.9% of
the month.
Online Portal
availability will be
measured monthly
for actual time
available to
Customer
Monthly report will
show the
percentage of time
the Online Portal
was available.
Failure to
meet the
Online Portal
Available
obligation will
result in a
service credit
equal to 5%
of 1/12 of the
annual
subscription
fee.
Disaster
Recovery
Return of
Customer Solution
to Available status
after the
declaration of a
Disaster.
In the event a
Disaster is declared
there will be:
No more than 1
hour of lost data
No more than 24
hours where the
Solution is not
Available
Actual lost data due
to Disaster
Actual time for
Customer Solution
Status to return to
Available after a
disaster.
If a Disaster has
been declared
during the month,
report will show the
RPO and RTO for
each disaster
instance.
For any
instance
where outage
time or data
loss does not
meet the
standard. For
any instance
where outage
time or data
loss does not
meet the
obligation
there will be a
service credit
equal to 5%
of 1/12 of the
annual
subscription
fee.
Root Cause
Analysis
Identification of
The cause (or
causes) for an
issue and the plan
for eliminating
reoccurrences of
that issue.
Root Cause Report
for Severity One or
Chronic issues
delivered within 10
Business Days of
identification
100% of the time.
Root cause
analyses will
include event
correlation,
identification of
preventive
measures, and
recommendations
including plans to
prevent such issues
from reoccurring in
the future.
Difference in
Business Days
between Root Cause
Analysis request
date/time and Root
Cause Analysis
Report delivery.
Monthly report will
show all issues
where a Root Cause
Analysis was
requested, the
date/time requested
and the date/time
the report was
delivered along with
overall percentage
delivery success.
Each failure to
deliver the
report on
time will
result in a
service credit
equal to 5%
of 1/12 of the
annual
subscription
fee.
SERIAL 230155-RFP
Chronic
Outage
Reported issues
which reoccur and
have no plan for
resolution.
Eliminate chronic
issues which are
Issues with the
same/similar
symptom(s) or
issue(s) occurring
3 or more times
over a rolling 30
day period.
Issues with the
same/similar
symptom(s) or
issue(s) occurring 3
or more times over a
rolling 30 day
period.
Monthly report will
show all issues
without a
Resolution or with a
Resolution Category
of Chronic Outage.
Issues will be
grouped by
same/similar
symptom(s) or
issue(s) and show
the reported
date/time for each
issue.
For each
chronic issue
there will be a
service credit
equal to 5%
of 1/12 of the
annual
subscription
fee.
Incident
Monitoring
The number of
issues reported,
resolved, and
unresolved during
a calendar month.
Issues will be
resolved within a
timely manner.
All issues reported
during the current
month or open at the
beginning of the
month will be
evaluated for the
current status.
Monthly report will
show all new and
carried over
(unresolved) issues
from any prior
month. Also shown
will be the average
time for issues
resolved during the
month to meet a
resolved status.
No service
level credits
associated
with report.
ATTACHMENT A-2, SEVERITY LEVEL DEFINITIONS AND MANAGEMENT
Level
Impact
Events
Client has
Recent
Release
(Last 2
releases)
Workaround
Initial
Response
Resolution Goal
Sev 1
Critical Service Impact
Customer's production use of
our products on a primary
business service, major
application or mission-critical
system is stopped or so severely
impacted that the customer
cannot reasonably continue
work.
For Severity Level 1 problems,
we will begin work on the
problem within one hour of
notification and handle as the
highest priority until the
customer is given a fix or
workaround. Customer
resources must be made
available in Severity Level 1
situations and reasonably
cooperate to help resolve the
issue.
1. Critical business
functionality is not
operational across
agency and multiple
Suppliers
2. System crashes
3. Data integrity at risk -
including cross
contamination of Prod
data / configurations
4. Backup and recovery
options fail
5. PHI products
integration broken
6. Customer financial
integration broken
Yes
No Acceptable
Workaround
Within 15
minutes;
updates to
customer
hourly until
resolution
24 Hours
(Plan within 4
hours)
Sev 2
Significant Service or Implementation Impact
Important product features are
unavailable with no acceptable
workaround. Customer's
implementation or production
use of PHI products in a primary
business service, major
applications or mission critical
systems are functioning with
limited capabilities or are
unstable with periodic
interruptions. The software may
be operating but is severely
restricted.
1. Severely degraded
performance
2. Product error or
failure forcing a restart
or recovery
3. Will miss contracted
install/test/train
schedule
4. Suppliers are not
getting paid on time or
incorrect amounts
5. Suppliers and/or
Agencies are not able to
view or respond to
solicitations.
6. Solicitation cannot be
Yes
No Acceptable
Workaround
Within 30
minutes;
updates
every 2
business
hours until
resolution
Environments:
24 hours
Code Change: 10
days
SERIAL 230155-RFP
Level
Impact
Events
Client has
Recent
Release
(Last 2
releases)
Workaround
Initial
Response
Resolution Goal
opened / submitted
quotes cannot be
viewed.
7.Restricted solicitations
are not available to
appropriate Suppliers
8 Suppliers are not
notified of relevant
solicitations
9 Suppliers can see
private response of
other Suppliers
10 Unauthorized user
can access any part of
the system
11 Agency cannot order
from multiple Suppliers
12 Critical batch jobs
have failed
13 Non-Production
environment is causing
a "production" activity
to occur such as real
orders or emails being
sent to Suppliers from
QA, for example
14 An MBPO or
Contract cannot be
created or modified for
immediate purchase
15 Multiple catalogs
cannot be searched or
loaded by anyone (i.e.
not a single vendor
issues)
16 Multiple shopping
carts are not generating
requisitions for anyone
(i.e. not a single vendor
issues)
SERIAL 230155-RFP
Sev 3
Minimal Service Impact
Product features are unavailable
but a workaround exists and the
majority of software functions
are still useable. Minor
function/feature failure that the
customer can easily circumvent
or avoid. Customer's work has
minor loss of operational
functionality. No data has been
lost, and the business service,
application, or system is still
functioning.
1. Error message with
workaround
2. Minimal performance
degradation
3. Questions on product
functionality or
configuration during
implementation
4. SLA or Contractual
obligations
NA
Acceptable
Workaround
Available
Within 60
minutes
Within 1 year
Sev 4
No Service Impact
Minor problem or question that
does not affect the software
function such as How To's,
documentation, general
questions, or enhancement
requests. There is no impact to
product usage or customer's
operations.
1. General requests for
advice on product usage
2. Clarification on
product documentation
or release notes
3. Product
enhancement request
NA
NA
NA
No Commitment
SERIAL 230155-RFP
EXHIBIT D - IT SUPPLEMENTAL TERMS AND CONDITIONS
INFORMATION TECHNOLOGY SUPPLEMENTAL TERMS AND CONDITIONS
1. DEFINITIONS
1.1.
“Authorized Persons” means the service provider’s employees, contractors, subcontractors or
other agents who need to access the County’s personal data to enable the service provider to
perform the services required.
1.2.
“Data Breach” means the unauthorized access by a non-authorized person/s that results in the
use, disclosure or theft of a County’s unencrypted personal data.
1.3.
“Individually Identifiable Health Information” means information that is a subset of health
information, including demographic information collected from an individual, and (1) is created
or received by a health care provider, health plan, employer or health care clearinghouse; and
(2) relates to the past, present or future physical or mental health or condition of an individual;
the provision of health care to an individual; or the past, present or future payment for the
provision of health care to an individual; and (a) that identifies the individual; or (b) with respect
to which there is a reasonable basis to believe the information can be used to identify the
individual.12
1.4.
“Non-Public Data” means data, other than personal data, that is not subject to distribution to
the public as public information. It is deemed to be sensitive and confidential by the County
because it contains information that is exempt by statute, ordinance or administrative rule from
access by the general public as public information.
1.5.
“Personal Data” means data that includes information relating to a person that identifies the
person by name and has any of the following personally identifiable information (PII):
government-issued identification numbers (e.g., Social Security, driver’s license, passport);
financial account information, including account number, credit or debit card numbers; or
protected health information (PHI) relating to a person.
1.6.
“Protected Health Information” (PHI) means individually identifiable health information
transmitted by electronic media, maintained in electronic media, or transmitted or maintained
in any other form or medium. PHI excludes education records covered by the Family
Educational Rights and Privacy Act (FERPA), as amended, 20 U.S.C. 1232g, records
described at 20 U.S.C. 1232g(a)(4)(B)(iv) and employment records held by a covered entity in
its role as employer.13
1.7.
“Public Jurisdiction” means any government or government agency that uses these terms and
conditions. The term is a placeholder for the government or government agency.
1.8.
“County Data” means all data created or in any way originating with the County, and all data
that is the output of computer processing of or other electronic manipulation of any data that
was created by or in any way originated with the County, whether such data or output is stored
on the County’s hardware, the service provider’s hardware or exists in any system owned,
maintained or otherwise controlled by the County or by the service provider.
1.9.
“County Identified I.T. Security Contact” means the person or persons designated in writing by
the County to receive security incident or breach notification.
1.10.
“Security Incident” means the potentially unauthorized access by non-authorized persons to
personal data or non-public data the service provider believes could reasonably result in the
use, disclosure or theft of a County’s unencrypted personal data or non-public data within the
SERIAL 230155-RFP
possession or control of the service provider. A security incident may or may not turn into a
data breach.
1.11.
“Service Level Agreement” (SLA) means that part of the written agreement between both the
County and the service provider that is subject to the terms and conditions in this document
and that unless otherwise agreed to includes (1) the technical service level performance
promises, (i.e. metrics for performance and intervals for measure), (2) the amount of time
required for notice by the provider to the County for notification of upcoming changes, (3)
security notice requirements, (4) timeframes for response to operational problems and failures,
and (5) any remedies for performance failures.
1.12.
“Service Provider” means the contractor and its employees, subcontractors, agents and
affiliates who are providing the services agreed to under the contract.
1.13.
“Software-as-a-Service” (SaaS) means the capability provided to the consumer to use the
provider’s applications running on a cloud infrastructure. The applications are accessible from
various client devices through a thin-client interface such as a Web browser (e.g., Web-based
email) or a program interface. The consumer does not manage or control the underlying cloud
infrastructure including network, servers, operating systems, storage or even individual
application capabilities, with the possible exception of limited user specific application
configuration settings.
1.14.
“Statement of Work/Scope of Work” means a written statement in a solicitation document or
contract that describes the County’s service needs and expectations.
2. SUPPORT OVERVIEW
2.1.
Support hours (accommodate our time zone) - vendor will maintain customer service hours that
coincide with our 8AM- 5PM M-Fri (MST) office schedule. They will also provide afterhours
support at a level commensurate with the nature of the service provided.
2.2.
Updates/upgrades - vendor will follow a timely and consistent schedule in applying updates to
their solution and the underlying infrastructure needed to support it. Zero day/emergency
updates will be done expeditiously by vendor, with proper communication to customers affected
2.3.
Entity will comply with all applicable provisions of the Americans with Disabilities Act, the
Rehabilitation Act of 1973, and all applicable federal regulations, as amended from time to time
(ADA Laws). All electronic and information technology and products and services to be used
must be compliant with the ADA Laws.
2.3.1. Compliance means that a disabled person can acquire the same information, engage
in the same interactions, and enjoy the same services as a nondisabled person, in an
equally effective and integrated manner, with substantially equivalent ease of use.
3. DATA OVERVIEW:
3.1.
Data liberation - vendor is required to provide the means to pull all user data from vendor
solution any time as desired, in a machine-readable format.
3.2.
System shall be capable of encrypting data both at rest and in transit as needed/determined
by the customer.
3.3.
Data Ownership: The County will own all right, title and interest in its data that is related to the
services provided by this contract. The service provider shall not access County user accounts
SERIAL 230155-RFP
or County data, except (1) in the course of data center operations, (2) in response to service
or technical issues, (3) as required by the express terms of this contract or (4) at the County’s
written request.
3.4.
Data Protection: Protection of personal privacy and data shall be an integral part of the
business activities of the service provider to ensure there is no inappropriate or unauthorized
use of County information at any time. To this end, the service provider shall safeguard the
confidentiality, integrity and availability of County information and comply with the following
conditions:
3.4.1.
The service provider shall implement and maintain appropriate administrative,
technical and organizational security measures to safeguard against unauthorized
access, disclosure or theft of personal data and non-public data. Such security
measures shall be in accordance with recognized industry practice and not less
stringent than the measures the service provider applies to its own personal data and
non-public data of similar kind.
3.4.2.
All data obtained by the service provider in the performance of this contract shall
become and remain the property of the County. Vendor usage of customer data for
non-County purposes requires written approval from the County.
3.4.3.
All personal data shall be encrypted at rest and in transit with controlled access. The
County shall identify data it deems as non-public data to the service provider. The
level of protection and encryption for all non-public data shall be identified and made
a part of this contract. Any stipulation of responsibilities will identify specific roles and
responsibilities and shall be included in the statement of work (SOW), or otherwise
made a part of this contract.
3.5.
At no time shall any data or processes — that either belong to or are intended for the use of a
County or its officers, agents or employees — be copied, disclosed or retained by the service
provider or any party related to the service provider for subsequent use in any transaction that
does not include the County.
3.6.
Hosted applications must have the ability to support encrypted protocols for sensitive data in
flight and in rest. Encryption ciphers must use at least a 128-bit key length. Hashing algorithms
used must be of the Secure Hash Algorithm (SHA) or Advanced Encryption Standard (AES)
family. The minimum acceptable algorithm shall be SHA-2 or AES128.
3.7.
Data Location: The service provider shall provide its services to the County and its end users
solely from data centers in the U.S. Storage of County data at rest shall be located solely in
data centers in the U.S. The service provider shall not allow its personnel or contractors to
store County data on portable devices, including personal computers, except for devices that
are used and kept only at its U.S. data centers. The service provider shall permit its personnel
and contractors to access County data remotely only as required to provide technical support.
The service provider may provide technical user support on a 24/7 basis using a Follow the
Sun model, unless otherwise prohibited in the SLA.
3.8.
The vendor shall destroy all offline copies of County data at the time they cease to be useful.
Destruction procedures must be made available to the County upon request.
3.9.
At the conclusion of the contract, all County data and working papers must be returned to the
County and all vendor copies destroyed. The vendor must confirm in writing to the County that
all data was destroyed in accordance with this agreement and state the methodology used.
SERIAL 230155-RFP
4. BACKUP AND DISASTER RECOVERY OVERVIEW
4.1.
County has the right to, with 72 hours’ notice, request a test of customer-centric backup and
Disaster Recovery functionality, as defined in the contract.
4.2.
Backups to removable media must be encrypted using the Advanced Encryption Standard
(AES) with a minimum of a 128-bit key. Industry recognized key handling procedures must be
utilized. At no time shall the key be stored on the backup media in clear text, including but not
limited to table labels. The vendor must make key handling procedures and logs available upon
request.
5. Unless otherwise stated, hosting providers will complete incremental backups daily and be able to
successfully generate full backups within 24 hours unless otherwise agreed upon.
6. INTEGRATION AND INTERFACES OVERVIEW
6.1.
All customer integrations and interfaces are fully documented and updated when changes are
made by vendor at no cost to the County.
7. TESTING OVERVIEW:
7.1.
A documented strategy for testing and QA of development and configuration shall be provided
to the Maricopa County project team for approval prior to commencement of system build upon
request.
7.2.
Issues identified in vendor testing shall be cataloged, updated upon closure with final
disposition, and provided to the project team prior to UAT testing.
7.3.
Vendor will allow Maricopa County a reasonable timeframe to execute the test plan and retest
items with issues.
7.4.
Vendor will work directly with Maricopa County, and external vendors to integration test all
interfaces and transmissions of data. To eliminate constraints and delays in external vendor
testing and validation, a separate mirror environment for testing is advised.
7.5.
Vendor will enable automation and file transmission during UAT and parallel testing.
7.6.
Vendor will allow Maricopa County to execute performance and load testing as prior to the start
of UAT.
7.7.
The Vendor shall provide County with a UAT test catalog to aid in development of test scripts.
7.8.
Testing variances will be documented, categorized, and assigned priority through a mutually
agreed upon format.
7.9.
Unit testing of the application shall be performed and documented by the vendor.
7.10.
Vendor will provide documented results of testing including negative and positive testing
results.
8. CONNECTIVITY OVERVIEW:
8.1.
Vendor will proactively communicate any proposed networking change made against
connections between vendor and County a minimum of 5 business days prior to the change.
SERIAL 230155-RFP
8.2.
Client applications installed on user workstations that must contact the off-site hosting
environment must be able to do so through a secured HTTP proxy. Workstations must not be
required to directly connect over the Internet for any reason.
8.3.
Any connection between the County and vendor needs to be secured using industry accepted
standards.
9. SYSTEM SECURITY OVERVIEW:
9.1.
Security Incident or Breach Notification and Responsibilities: The service provider shall inform
the County of any security incident or data breach.
9.2.
Breach notification requirements shall be determined by all applicable laws and contracts
including, but not limited to, Arizona Revised Statutes 44-7501 and 18-552, California SB 1386,
the Health Insurance Portability and Accountability Act (HIPAA), Criminal Justice Information
Services (CJIS) and Payment Card Industry (PCI).
9.3.
Incident Response: The service provider may need to communicate with outside parties
regarding a security incident, which may include contacting law enforcement, fielding media
inquiries and seeking external expertise as mutually agreed upon, defined by law or contained
in the contract. Discussing security incidents with the County should be handled on an urgent
as-needed basis, as part of service provider communication and mitigation processes as
mutually agreed upon, defined by law or contained in the contract.
9.4.
Unless otherwise stipulated, if a data breach is a direct result of the service provider’s breach
of its contract obligation to encrypt personal data or otherwise prevent its release, the service
provider shall bear the costs associated with the following:
9.4.1. the investigation and resolution of the data breach;
9.4.2. notifications to individuals, regulators or others required by state law;
9.4.3. a credit monitoring service required by state (or federal) law;
9.4.4. a website or a toll-free number and call center for affected individuals required by state
law — all not to exceed the average per record per person cost calculated for data
breaches in the United States in the most recent Cost of Data Breach Study: Global
Analysis published by the Ponemon Institute at the time of the data breach; and
9.4.5. complete all corrective actions as reasonably determined by service provider based on
root cause; all [(1) through (5)] subject to this contract’s limitation of liability.
9.5.
Breach Reporting Requirements: If the service provider has actual knowledge of a confirmed
data breach that affects the security of any County content that is subject to applicable data
breach notification law, the service provider shall
9.5.1. promptly notify the appropriate County identified contact within 24 hours or sooner,
unless shorter time is required by applicable law, and
9.5.2. take commercially reasonable measures to address the data breach in a timely
manner.
9.6.
The vendor shall make the information security incident response policy and procedure
available to the County at any time upon request.
SERIAL 230155-RFP
9.7.
Access to Security Logs and Reports: The service provider shall provide reports to the County
in a format as specified in the SLA agreed to by both the service provider and the County.
Reports shall include latency statistics, user access, user access IP address, user access
history and security logs for all County files related to this contract. County may, at their
discretion, use separate SIEM tool to analyze and manage provided log and report data.
10. AUDITING AND COMPLIANCE OVERVIEW
10.1.
The system must log all material user actions, including but not limited to, logon and log off.
10.2.
The system must log all material administrator actions, including but not limited to, user
creation, user deleting, password resets, and privilege level changes.
10.3.
The system must log failed login attempts.
10.4.
Logs must be made available to the County at any time, preferably though API, web service or
some other automated fashion through requests made to Periscope.
10.5.
The vendor must comply with all applicable laws, regulations, and contracts including (but not
limited to) Criminal Justice Information Services (CJIS), Health Insurance Portability and
Accountability Act, and Payment Card Industry (PCI).
10.6.
Vendors that host applications containing HIPAA protected data must enter into a Business
Associate agreement (as defined by HIPPA) with the County. The Business Associate
agreement must be maintained for the life of the contract.
10.7.
Audit of 3rd Party systems - in order to determine that SLAs or other agreements between
Maricopa County and the 3rd party entity are being adhered to, we reserve the right to audit
systems being used to provide the service and supporting services (such as internal work
order/ITSM systems, log files, etc.) used to support the services being provide to the county.
10.8.
The vendor must make SOC2 compliance reports, or other comparable security report, audit
findings, and third-party attestations available at the time of award, and at any time to the
County upon request. Updated compliance reports shall be provided to the County Identified
I.T. Security Contact annually.
10.9.
For SOC 2 reports, this must be of the solution and not of the hosting service the vendor may
be using (i.e., do not share Amazon’s or Microsoft’s SOC2 report instead of one specific to the
solution in question).
10.10. The vendor must immediately notify the County, in writing, upon a confirmed violation of the
compliance requirement. The notification must include any information provided by the
regulatory body.