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Service AlbertaProcurement ServicesContracted Services SectionSeventh Street Plaza, South Tower9th Floor, 10030-107 StreetEdmonton, Alberta T5J 3E4

REQUEST FOR PROPOSALS (“RFP”) NUMBER 022PA-316

Heritage Division Multi-Website Content Management System and Website

Renewal

Alberta Culture & Tourism

RFP Issue Date: August 11, 2017

RFP Closing 14:00:59 Alberta Time: September 6, 2017

Contracting Manager: Michelle Watson

Telephone: (780) 415-9810

Facsimile (780) 422-9672

Email: [email protected]

TABLE OF CONTENTS

1 GENERAL....................................................................................................................................11.1 Introduction.................................................................................................................................................................1

2 RFP PROCESS............................................................................................................................12.1 RFP Terminology........................................................................................................................................................12.2 RFP Schedule of Events.............................................................................................................................................1

3 PROJECT INFORMATION......................................................................................................1

3.1 Project Overview.........................................................................................................................................................13.1.1 Introduction.........................................................................................................................................................13.1.2 Project Objectives...............................................................................................................................................23.1.3 Background.........................................................................................................................................................33.1.4 Project Duration and Budget...............................................................................................................................53.1.5 Project Scope.......................................................................................................................................................53.1.6 Customization.....................................................................................................................................................73.1.7 Related Project Documents.................................................................................................................................73.1.8 Project Structure..................................................................................................................................................8

3.2 Project Requirements (Mandatory and Desirable)...............................................................................................103.2.1 Software/Solution Requirements......................................................................................................................103.2.2 Architecture and Standards...............................................................................................................................103.2.3 System Performance..........................................................................................................................................103.2.4 Requirements Gathering and Analysis..............................................................................................................113.2.5 Solution Design.................................................................................................................................................113.2.6 Implementation.................................................................................................................................................113.2.7 Access to Source Code......................................................................................................................................133.2.8 Warranty............................................................................................................................................................133.2.9 Project Status Reporting....................................................................................................................................133.2.10 Department Supplied Resources..................................................................................................................153.2.11 Service Levels..............................................................................................................................................163.2.12 Security.........................................................................................................................................................203.2.13 Conversion/Transition..................................................................................................................................203.2.14 Acceptance Testing......................................................................................................................................223.2.15 Documentation.............................................................................................................................................233.2.16 User Training................................................................................................................................................243.2.17 FOIP.............................................................................................................................................................253.2.18 Application Maintenance and Support (AMS).............................................................................................253.2.19 Software Licensing.......................................................................................................................................273.2.20 Possession of the Solution............................................................................................................................273.2.21 Audits...........................................................................................................................................................273.2.22 Potential Optional Work...............................................................................................................................28

3.3 Proponent Requirements.........................................................................................................................................28

3.4 Human Resource Requirements..............................................................................................................................293.4.1 Proponent Role and Responsibilities................................................................................................................293.4.2 Proponent Personnel..........................................................................................................................................29

3.5 Innovation..................................................................................................................................................................30

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3.6 Invoicing Approach..................................................................................................................................................303.6.1 AMS Billing Approach - Invoicing...................................................................................................................303.6.2 Optional Work - Invoicing................................................................................................................................303.6.3 General Provisions - Errors or Omissions or Adjustments...............................................................................30

4 EVALUATION CRITERIA.....................................................................................................31

5 PROPOSAL CONTENT GUIDELINES.................................................................................31

5.1 Proposal Format.......................................................................................................................................................31

5.2 Proposal Content......................................................................................................................................................315.2.1 Proposal Submission.........................................................................................................................................325.2.2 Proponent Profile..............................................................................................................................................325.2.3 RFP Requirements............................................................................................................................................335.2.4 RFP Administrative Terms and Conditions......................................................................................................405.2.5 Standard Contract Provisions............................................................................................................................405.2.6 Proponent Proposed Contract Provisions..........................................................................................................415.2.7 Appendices........................................................................................................................................................41

6 RFP ADMINISTRATIVE TERMS AND CONDITIONS.....................................................41

6.1 RFP Terminology......................................................................................................................................................41

6.2 General.......................................................................................................................................................................416.2.1 RFP Availability................................................................................................................................................416.2.2 Proponent Questions and Communications......................................................................................................416.2.3 Confidentiality and Security of Information.....................................................................................................426.2.4 Freedom of Information and Protection of Privacy..........................................................................................426.2.5 Lobbyist Act......................................................................................................................................................446.2.6 Canadian Free Trade Agreement......................................................................................................................446.2.7 Conflict of Interest............................................................................................................................................446.2.8 Proponent Expenses..........................................................................................................................................446.2.9 Period of Commitment......................................................................................................................................446.2.10 Multiple Proposals........................................................................................................................................446.2.11 Pricing..........................................................................................................................................................456.2.12 Waiver..........................................................................................................................................................456.2.13 Irrevocability of Proposals...........................................................................................................................456.2.14 RFP Closing.................................................................................................................................................456.2.15 Proposal Submissions...................................................................................................................................456.2.16 Consent to Use of Information.....................................................................................................................466.2.17 Proposal Public Opening..............................................................................................................................476.2.18 Recapitulation of Proposals..........................................................................................................................476.2.19 Proposal Return............................................................................................................................................476.2.20 Proposal Irregularity or Non-Compliance....................................................................................................476.2.21 Modified RFP Process..................................................................................................................................476.2.22 Proposal Rejection........................................................................................................................................486.2.23 Proponent Debriefing...................................................................................................................................486.2.24 The Proponent, if other than the Manufacturer, must:.................................................................................486.2.25 Software Availability...................................................................................................................................48

6.3 Proposal Evaluation..................................................................................................................................................486.3.1 Evaluation Sequence and Process.....................................................................................................................486.3.2 Resource Replacement......................................................................................................................................49

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6.4 Contract.....................................................................................................................................................................496.4.1 Contract Finalization.........................................................................................................................................496.4.2 Order of Precedence..........................................................................................................................................506.4.3 Contractual Warranties......................................................................................................................................506.4.4 Standards of Care..............................................................................................................................................506.4.5 Proponent Team Proposals................................................................................................................................50

APPENDIX A - STANDARD CONTRACT PROVISIONS..........................................................51APPENDIX A - SCHEDULE “1” TERMINOLOGY..............................................................................................71APPENDIX A - SCHEDULE “2” GOVERNANCE AND MANAGEMENT........................................................79

APPENDIX B - PRICING FORM...................................................................................................84

APPENDIX C - CMS SOLUTION MANDITORY REQUIREMENTS AND DESIRABLE SPECIFICATIONS............................................................................................................................87

APPENDIX D - PROPONENT PERSONNEL SKILL SUMMARY SHEETS...........................94

APPENDIX E - NON-DISCLOSURE (CONFIDENTIALITY) AGREEMENT.........................97

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1 GENERAL1.1 Introduction

Proponents are invited to submit Proposals for the provision of the Services and Materials as specified in this RFP.

This RFP will be conducted with the objective of maximizing the benefit to the Province, while offering Proponents a fair and equitable opportunity to participate.

Proponents are advised to pay careful attention to the wording used throughout this RFP. Failure to satisfy any term or condition of this RFP may result in an unacceptable Proposal.

Facsimile or digital Proposals in any form (e.g. diskette files, disk files, tape files, e-mailed files) will not be accepted.

2 RFP PROCESS2.1 RFP Terminology

Terminology used throughout this RFP is defined in Appendix A, Schedule 1.

2.2 RFP Schedule of Events

RFP Issue Date: August 11, 2017RFP Closing Date: September 6, 2017Evaluation of Proposals: September 7 – 18, 2017Shortlist Presentations: September 25 – 26, 2017Selection of Preferred Proponent: September 29, 2017

The above dates are subject to change at the sole discretion of the Province.

3 PROJECT INFORMATION3.1 Project Overview

3.1.1 Introduction

The Province is interested in a new, common Content Management System (CMS) and refreshed websites for the Heritage Division within the Department of Alberta Culture & Tourism. This project aligns with the Department’s business plan to create diverse cultural opportunities to enhance Albertans’ quality of life, and to promote, preserve and present Alberta’s heritage (page 35-36, Business Plan 2017-2020 Culture and Tourism).

The goals of this project are for all Heritage Division satellite websites (Satellite Sites - websites that are not expected to adhere by the government design standards) to be re-designed with a view for modern look and feel, mobile friendly use and accessible content

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and structure (all except the Provincial Archives that was re-designed in 2015), and to be on a common Content Management System (CMS). Additionally, the sites and the division to see technical costs, resources and marketing strategies optimized and managed appropriately, all while staying within the acceptable levels of risk, security and alignment with the GoA IMT Strategic Plan.

The outcomes of the CMS and Website Renewal project are as follows:

(a) for all Satellite Sites to be accessible via mobile devices;

(b) for the websites to have a new modern look and feel, especially in the case of the Historic Sites and Museums websites;

(c) consistent content layout, language and navigation on each site, especially in the case of the Historic Sites and Museums;

(d) all website design in accordance with Level AA Accessibility standards, as is the guide for government and other organizations of this caliber;

(e) for certain facilities where no in house staff is available, make updating content on the websites easy for specific pages (e.g. events);

(f) in the cases where content is more complex or requires oversight, have approval workflows in place;

(g) the websites to have high availability and fail over in case of Outages ensuring business continuity for the Satellite Sites;

(h) ensure social media, calendars, feedback components and other tools which align to the strategic marketing direction of the division can be easily implemented or integrated into the websites;

(i) in house development staff are able to make changes to the system and add basic tools to the CMS solution, in some cases with help from the Contractor where the work is more complex;

(j) a governance framework for the division related to the Division’s digital presence is in place to oversee and approve the proper use of associated technologies, staff resources and extra budget where required for complex enhancements or projects; and

(k) sharing of ideas, staff resources and techniques amongst the sites and museums of the division, and expertly trained technical staff are able to support each other and the users with troubleshooting.

3.1.2 Project Objectives

The Province is seeking a Contractor Hosted Solution that will bring all Satellite Sites under a common CMS system, allowing for created templates, workflows and other enhancements to be shared across all sites.

The CMS design, development, and implementation component of this project must achieve certain technical objectives which are outlined in this RFP. The CMS Solution may

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be enhanced by additional system or technology components through the duration of the Contract.

The Province prefers to have a CMS Solution based on an Open-source software (OSS) platform that may have licensed components by the Contractor. Back end systems and processes to update the websites are to be created with a view for template and feature re-use (where applicable) across all Satellite Sites in the Heritage Division, all while allowing each of the museums and Satellite Sites to use unique branding, and other aesthetic components. During this project it is expected that the Contractor will help to create new websites for the Historic Sites, as well as migrate the current Provincial Archives site into the CMS system. In a previous project, content templates were created for the historic sites that may be used as a starting point for this portion of the project. In house development of websites will occur throughout the implementation where resources are available (such as the Royal Alberta Museum and the Royal Tyrrell Museum who have in house developer staff), and only a framework with a view for re-use will be required for these sites. Project development and methods should adhere to Government of Alberta standards where possible.

Further desired CMS and Web Renewal project objectives include:

(a) technical staff to be trained in the system use and administration, facilitating the creation of a technical support community of practice in the division, to be able to easily troubleshoot, make enhancements to sites and support users and initiatives;

(b) ability for CMS to integrate into pre-existing or future portals or systems (e.g. online payment or facility management technologies); and

(c) content to be clear, concise and meet the objectives and goals of each site to drive visitation and interaction with Albertans in the digital environment.

3.1.3 Background

The Heritage Division within the Department of Culture and Tourism hosts multiple websites to promote and provide information to Albertans on the sites, programs and visitation. These Satellite Sites are considered exceptions to standards and oversight set by larger government bodies such as the Public Affairs Bureau for other government websites, because of the nature and requirements these sites have to generate visitation and revenue.

The Satellite Sites included in the Heritage Division are as follows:

(a) Royal Alberta Museum (www.royalalbertamuseum.ca)

(b) Royal Tyrrell Museum (www.tyrrellmuseum.com)

(c) Provincial Archives (www.provincialarchives.alberta.ca)

(d) Alberta Historic Sites and Museums (Under one website for www.History.alberta.ca):

i. Brooks Aqueduct National and Provincial Historic Site

ii. Father Lacombe Chapel Provincial Historic Site

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iii. Fort George and Buckingham House Provincial Historic Site

iv. Frank Slide Interpretive Centre

v. Frog Lake Historic Site

vi. Head-Smashed-In Buffalo Jump World Heritage Site

vii. Historic Dunvegan Provincial Park

viii. Leitch Collieries Provincial Historic Site

ix. Oil Sands Discovery Centre

x. Okotoks Erratic

xi. Remington Carriage Museum

xii. Reynolds-Alberta Museum

xiii. Rutherford House Provincial Historic Site

xiv. Stephansson House Provincial Historic Site

xv. Turner Valley Gas Plant National and Provincial Historic Site

xvi. Ukrainian Cultural Heritage Village

xvii. Victoria Settlement Provincial Historic Site

Currently, not all the Satellite Sites are using the same technology to maintain their public websites. The Royal Tyrrell Museum is using the OpenText Web Site Management (otherwise known as RedDot) CMS system, while other entities submit change requests to the Department to implement the requests using Visual Studio, or make changes in house using other methods. The request process for changes made to the websites for most Satellite Sites is slow, inefficient, and makes timely updates difficult.

The museums and historic sites have seasonal programs and events which are critical pieces of their strategy to attract patrons. For many sites, information about these events form the bulk of the web content updates they request. Weather, event registration numbers, and many other factors can result in a requirement for last minute changes to events, and the current systems require manual updates using complex processes and systems. The specifics of the processes vary somewhat by location, but in some cases content changes may pass through multiple staff before going live. The Department would like to streamline these processes, in some cases through automation in a modern CMS workflow.

Technical support for the websites has been siloed in some cases, and risk exists in that there is not a common system or understanding how the sites work or how they can be updated. While some museums have web staff that do in-house development and content updates, other areas rely on the Web Services team to enable changes and enhancements. With changes to the larger government IT infrastructure and focus on consolidation, streamlining and efficiencies, an opportunity exists to have all technical resources in the division share and support each other under one system that meets the needs of all the larger museums, as well as the smaller historic sites.

In 2015/2016 during the re-development of the Provincial Archives website, contractors created HTML templates that, after being reviewed, could be used as a common framework

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to re-design the Historic Sites and Museums website (www.history.alberta.ca). The Royal Alberta Museum and Royal Tyrrell Museum also have plans in the coming year to re-design their websites, and have in-house development and content teams to assist with this work as the CMS system is developed and made available.

In 2016, Web Services initiated a project to gather requirements for a common CMS across all Satellite Sites and provide recommendations for systems that may fit the identified need. It was found that although all the Satellite Sites have unique branding and identity, the overall marketing end goals and CMS needs were similar across all sites, and sharing a single system could benefit the group as a whole, both cost wise as well as where opportunities for enhancements exist.

3.1.4 Project Duration and Budget

The term of the Contract will be six (6) years, with the Province, at its sole discretion, having the option to extend the Contract, up to an additional three (3) years, on the same terms and conditions, including pricing.

The six (6) year Contract term will include establishing, implementing and supporting the CMS Solution as defined in this RFP. The Province anticipates the Implementation of this Solution to be complete by March 31st, 2018.

The Province has a maximum budget of $180,000 (Canadian) for all Implementation Services and Materials including Solution Design, conversion of current data and Transition to the Production Environment. Proposals which exceed this cost will be non-compliant and rejected.

The Province anticipates the annual cost for Hosting the Solution and the Application Maintenance Services (AMS) should not exceed $30,000 per year (Canadian) for the initial term of the Contract.

The Province reserves the right, at its sole discretion, to renew Software licensing for as long as the Software is available from the Contractor or Manufacturer, as applicable. If the Contractor is not the Manufacturer of the Software or a portion of the Solution, the Province reserves the right, at its sole discretion, to contract directly with either:

the Manufacturer of the Software or portion of the Solution thereof; or

a third party authorized by the Manufacturer of the Software or portion of the Solution thereof to provide such maintenance and support services commencing at the time of the expiration of the Contract.

3.1.5 Project Scope

This procurement is for a CMS Solution which will include requirements gathering and analysis, Solution Design, Implementation Services, conversion of existing content, Transition into Production Environment, testing, training, Application Maintenance Services (AMS); as well as, potential future work and enhancements to the Solution and supporting the Province with potential audit requests.

The Contractor will:

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http://www.history.alberta.ca/

(a) configure the Solution including CMS for all satellite sites across the Division;

(b) develop the websites for the Heritage Sites as required;

(c) support the project team during the in-house development of the Royal Alberta Museum and Royal Tyrell Museum websites by the Province; and

(d) migrate existing content from the Provincial Archives website into the newly designed CMS system.

3.1.5.1 Roles & Responsibilities

The Province anticipates the roles and responsibilities for each party to be as follows:

The Province expects to:

(a) adhere to the change procedures described in Appendix A, Schedule “2” – Governance and Management;

(b) assign a representative for the Province’s activities and obligations associated with this Contract. The representative shall work with the Contractor’s Service Delivery Manager to ensure Contract obligations are being met;

(c) assign a representative for the Province’s Solution Design activities and obligations associated with this Contract;

(d) assign a representative for the Province’s application operational activities and obligations associated with this Contract;

(e) appoint representatives to HDEC – the Heritage Digital Experience Committee to govern the project and direct changes and decision making around the technology and environment going forward;

(f) provide reasonable advance notice to the Contractor of planned changes of the following nature:

i. temporary changes to Business Hours; and

ii. temporary changes to Service Levels;

(g) provide the Contractor with a copy of Province’s current standards and notify the Contractor in writing of any changes.

The Contractor should:

(a) provide the Province with a copy of the Contractor’s management structure;

(b) adhere to the change procedures described in Appendix A, Schedule “2”;

(c) appoint a Delivery Manager who is the contact for the Contractor’s obligations associated with the delivery of Services related to this Contract to ensure delivery of Services are being met as per the Contract;

(d) provide Services during Business Hours or as modified by Province;

(e) meet the Service Levels developed and agreed to in writing by the parties;

(f) provide technical and security patching;

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(g) implement product version upgrades;

(h) manage product life cycle (e.g. testing and Implementation of new manufacturer product releases, coordinated with staff/system administrators);

(i) evaluate applicability of new technology and make recommendations to the Province;

(j) assign skilled Contractor Personnel as required;

(k) provide and adhere to procedures approved in writing by Province that ensure secure archival, removal or disposal of hardware / software or Province’s data; and

(l) ensure that all Application and Province data, for which the Contractor is responsible, is processed and stored within Canada, unless otherwise authorized in writing by Province.

3.1.6 Customization

The Province prefers an open source CMS Solution. Any Customization made to the system or to the Contractors’ licensed software (provided by a licence fee) is acceptable if such Customization becomes part of the Commercial Software architecture provided by a license fee or on a subscription basis and is fully supported by the Contractor.

3.1.7 Related Project Documents

This section provides a list of all of the documentation related to this project. Proponents must sign a Non-Disclosure Agreement (refer to Appendix E) to obtain a copy of the Security Policies and Architecture Standards listed below.

Security Policies:

1. The CISO’s Program, Plans & Services:a) CISO_Services_and_Teams.pdfb) CISO Organizational Chartc) Web_Threat_Management_Service.pdfd) Web_Application_Vulnerability_Mgmt_Service.pdf

2. The ten GoA Information Security Management Directives (ISMD), and GoA standards documents are as follows:

a) Organization_of_Information_Security_Directive_20131021.pdfb) Asset_Management_Security_Directive_20130205.pdfc) Human_Resources_Security_Directive_20130320.pdfd) Physical_and_Environmental_Security_Directive_20130205.pdfe) Communications_and_Operations_Management_Security_Directive_20130

205.pdff) Access_Control_Directive_20131021.pdfg) Systems_Aquisition_Development_and_Maintenance_Security_Directive_2

0130205.pdfh) Incident_Management_Security_Directive_20130205.pdfi) Business_Continuity_Security_Directive_20130205.pdf

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j) Compliance_Security_Directive_20130205.pdfk) Glossary_of_Terms_20130205.pdf

3. Policies, guidelines, directives on Information Security Risk Management. Documents are as follows:

a) IT Security Risk Management Practiceb) Risk Management and Monitoringc) Security Threat and Risk Assessment d) Data and Information Security Guidelines. Documents are as follows:e) Data and Information Security Classification Standard – A000025

Architecture Documents: The Proponent should be familiar with the following Architecture Documents as follows:1. GoA_Cloud_Computing_Reference_Architecture – A0000642. Data Security in the Cloud – A0000733. Web Application Security Standard – A000061

Records Management: The Contractor must comply with GoA Records Management policies and standards for all information captured and managed effectively throughout the Solution Design and any Application Maintenance support lifecycle. Information Management Branch Website

FOIP: The Contractor must comply with GoA FOIP policies and standards.Service Alberta FOIP Website

3.1.8 Project Structure

This project is supported by the Assistant Deputy Minister of the Heritage Division in the Department of Culture and Tourism.

The CMS and Website Renewal Project will be managed by a representative of the Heritage Division Governance Committee (HDEC) from the Web Services Division. The Contractor will primarily coordinate with the Web Services Manager during this Project. The Web Services Manager will relay feedback and information to the Contractor from HDEC members, and project staff as required.

Project staff includes a systems analyst, who will be overseeing the technical components of the project and liaising with Service Alberta as required, and a content strategist who will be overseeing the content planning and strategy. These two positions will relay feedback and information to the larger technical and content project teams and sites.

The Contractor may also work at times with the design services manager, and subject matter experts from the business throughout the project as appropriate.

The Province is accountable and responsible for this project. Figure #1 below provides the CMS Solution Project Team organization chart.

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http://www.servicealberta.ca/foip/index.cfm

https://www.alberta.ca/information-management-branch.aspx

Figure #1: CMS Solution Project Team

The Contractor will be required to work closely with the CMS Solution Project team, represented as above. This group functions as a part of the Project Delivery team and is focused on supporting the CMS Solution Implementation and future use.

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David Link

Assistant Deputy Ministry - Heritage Division

HDEC Members

CMS Solution Governance Committee

Timothy Smith

Manager Design Services/ HDEC Representative

Chad Bostock

Systems Analyst/Technical Team Representative

Joe Coutts

Content Strategist/Content Teams Representative

Museums and Historic Sites Subject

Matter ExpertsEach site/Museums represented by a

Project Team member, often as a Marketing/Communications Head

Heather Archibald

Web Services Manager/Project Manager/HDEC Representative

3.2 Project Requirements (Mandatory and Desirable)

The Province desires the Solution to be implemented effectively, within budget and within a timeline that is as short as reasonably possible.

3.2.1 Software/Solution Requirements

Functional mandatory requirements and desirable provisions of the Software are identified in Appendix C – CMS Solution Mandatory Requirements and Desirable Specification.

Proposals must include a response to each of the mandatory requirements listed in Appendix C, indicating how the Software addresses that requirement. The Proposal must describe any Configuration or Customization of the Software that is needed to meet the requirements of the RFP and include the additional cost for Configuration and Customization, if applicable.

Proposals should provide a response to each of the desirable provisions listed in Appendix C, indicating how the Software addresses that provision. Where Configuration or Customization is required to meet a desirable provision, the Proponent must include the additional cost for Configuration and Customization, if applicable.

Failure to provide a response for each of the mandatory requirements (including identifying additional costs for Configuration and Customization, if applicable) will result in the Proposal being deemed non-compliant.

3.2.2 Architecture and Standards

The Proponent should describe the architecture required for the Solution and how it integrates with the Province’s environment. Where possible, the Proponent should align the Solution to the standards established in section 3.1.7. Where components of the Solution do not align with the standards established, Proponents should describe where there is not alignment inclusive of rationale for use of alternate standards.

The Proponent should consider the following information:

(a) the Solution should interface with other systems, allowing one-way and two-way integration, both in real-time and batch processes;

(b) internet content should be designed in consideration of all mobile devices; and

(c) internet content should be compatible with all modern browsers.

3.2.3 System Performance

When determining the architecture for the Solution, Proponents should consider:

(a) the Solution should have system monitoring and reporting;

(b) the Solution should have High Availability to Users; and

(c) the availability of the Solution should be near 24/7 with maximum unplanned Outage of 15 minutes per month. Maintenance, backups, and software updates may be allowed at specified times upon written approval of the Province.

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3.2.4 Requirements Gathering and Analysis

The Contractor will be required to lead a requirements analysis process involving the CMS Solution Project team and CMS Solution business subject matter experts. This analysis will determine any gaps between the project requirements and provisions (as provided in this RFP in Appendix C and functionality of the proposed Solution at a detailed level).

Duties and deliverables for this activity may include:

(a) review existing functional and non-functional requirements, as provided by the CMS Project teams;

(b) identify and document gaps between requested functionality and Solution capabilities;

(c) record results into a requirements traceability matrix; and

(d) finalize and present requirements traceability matrix and findings to the Province for prioritization and sign-off.

The Proponent should describe the approach and schedule for the requirements gathering follow up portion of the project and the associated analysis required.

3.2.5 Solution Design

Duties and deliverables may include the following:

(a) design specifications, including indication of Customization or Configuration;

(b) template mock ups and wireframes;

(c) conceptual data model;

(d) logical data model;

(e) physical data model;

(f) application architecture design;

(g) information architecture design;

(h) infrastructure enterprise architecture Plan (EAP) model;

(i) security design document; and

(j) system resumption plan.

The Proponent should describe the approach and schedule for the Solution Design portion of the project.

3.2.6 Implementation

In consultation with the CMS Solution Project team and the Project Manager, a thorough project plan will be created that will ensure that Implementation is completed by March 31st, 2018.

Duties and deliverables for this activity may include:

(a) finalization of the project approach;11 | P a g e

(b) project financial tracking and forecast;

(c) development and sign-off on a project charter;

(d) define the functions and specifications of each release;

(e) develop the detailed project work plan including schedule, resources, gantt chart, role based RACI (Responsible, Accountable, Consulted and Informed) checklist, etc.;

(f) quality plan;

(g) risk management plan;

(h) change management plan;

(i) deliverables checklist (for each milestone/work package);

(j) data cleansing and content migration analysis plan;

(k) implementation plan;

(l) Phase-In Transition plan;

(m) consultation with CMS Solution Project team and Department officials;

(n) identification of key stakeholders (it is anticipated that stakeholders will be Department officials and key contracted CMS Solution service providers or CMS Solution consumers);

(o) detailed hardware infrastructure and technical requirements for all required environments;

(p) gathering and defining required information and technical requirements;

(q) develop a detailed infrastructure plan;

(r) presentations to Heritage Digital Experience Committee for approval and sign-off; and

(s) preparation of weekly status reports.

The CMS Solution Project should follow the Project Management Institute (PMI) Project Management Body of Knowledge (PMBOK) framework.

The Proponent must propose a project plan. The project plan should take into consideration all of the above duties and include, but not limited to:

(a) implementation methodology and approach;

(b) milestones, inclusive of a work break down structure;

(c) resource allocation;

(d) deliverables;

(e) quality Management;

(f) communications management; and

(g) risk management.

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3.2.7 Access to Source Code

The Province anticipates additional and ongoing development work to the CMS Solution in-house. Full access to the source code should be granted to staff administrators and developers.

Proponents should indicate if access to the source code will be provided or if there is an alternate approach that would enable the CMS Project team to complete additional development work once the Solution is implemented.

3.2.8 Warranty

The Contractor should provide a Warranty Period of ninety (90) days which will commence once the Solution is placed into the Production Environment. This Warranty Period will also apply to any new releases that occur throughout the period of the Contract. It is expected that corrections will be complete, at no cost to the Province, for all defects identified for each release and before the Warranty Period expires. If a defect is not corrected during the initial Warranty Period time, the Warranty Period should continue until such defects are corrected.

The Proponent should confirm the length of and approach to the Warranty Period in the Proposal.

3.2.9 Project Status Reporting

The Province anticipates project status reporting to be included in the project for both the Implementation of and ongoing support for the Solution. The table below outlines the anticipated desired reporting from the Contractor .

Figure #2: Reporting RequirementsDescription of Information Access and Reporting Requirements Frequency

Bi-Weekly Project Status ReportA bi-weekly status report that provides:

(a) Overall summarization of the project progress;

(b) Deliverables achieved;

(c) Deliverables remaining, progress, and expected delivery on each; and

(d) Issues and concerns affecting specific deliverables and the project schedule or any other aspect of the project. Quality assurance metrics, such as quantity and severity of defects discovered and tests executed and not executed.

Bi-Weekly

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Description of Information Access and Reporting Requirements Frequency

Monthly Operations Report (“MOR”)A monthly operation report that summarizes overall portfolio issues, risks and/or major overall Services activity items to track. The MOR may also encapsulate other reports as mentioned in this list. (e.g. Service Measures, Report of Service Requests, Services Utilization, etc.)

Monthly

Service Measure ReportReport on all Service Measures showing Province’s annual and monthly statistics, with comparisons to the prior year-to-date and monthly statistics. Report and highlight all Service Measure violations showing historical violation summary (dependent on Service Measure consequences).

Monthly

Application System Outage ReportThe Contractor is to notify Province immediately of all Application Outages or major Incidents as they occur. Report Outages or major Incidents by Application and environment, showing date, time, duration, resolution, and root cause of the Outage, complete with any recommendations to prevent future occurrence of such Outages.

Upon occurrence

Operations PlanningThe Contractor shall produce an Operations Plan which describes objectives for each Contract Year, major milestones (e.g. planned software and Hardware upgrades), major maintenance activities (e.g. database purges, clean-up), preventative maintenance and continuous improvement initiatives, new Applications or major enhancements to be transitioned to the CMS Solution Production Environment, old Applications to be archived and/or decommissioned.

Annually with quarterly updates

Capacity Utilization PlanningDefine and report capacity requirements of each Application environment. This report would include Application changes or enhancements and the average computing resources utilized by each Application, that impact disk space, tape volume, memory, CPU cycles and the percentage of time each environment was used during the reporting period. Include graph showing trends for current and prior Contract Year, and report the effects of Application archival on the Application Support base.

Annually with quarterly update

Year End AccomplishmentsSummary of annual achievements including

a) Service results and accomplishments;b) Preventative maintenance undertaken;c) Continuous Improvement opportunities identified and

undertaken; andd) Service measure and associated Incidents/violations.

Annual

Disaster Recovery Plan DocumentResults of DRP validation of each Contract Year.

Upon execution of DRP exercise

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Description of Information Access and Reporting Requirements Frequency

(twice a year)Security Review DocumentResults of each Contract Year Application / Database Security Assessment or other security reports

Annual

Contractor Personnel Turnover and Re-AssignmentPlanned and unplanned resource turnover by Application showing resource name, start date of assignment, turnover/reassignment date, duration of assignment. Resume of proposed resource replacement.

Upon occurrence

Services Project ExpendituresReport of Services projects undertaken by the Contractor, the monthly invoiced amount for each project, the cumulative invoiced amount for each Contract Year.

Annual

Project Status ReportsProject status summary for each Service Request undertaken noting any problems or issues.

As per Project Charter

Ad Hoc ReportingThe Contractor shall provide reports as requested by Province that are customized from Application data and may be either repetitive or single purpose reports.

As requested

Auditing ReportingDocumentation and / or reports at the request of the Province for the purpose of completing an audit (see section 3.1.5.7)

As requested

Potential Optional Work ReportingThe Contractor shall provide monthly reporting on each enhancement.

Monthly

The Proponent should provide details of how they will be reporting throughout the lifecycle of the Implementation and AMS.

3.2.10 Department Supplied Resources

The Province will provide licensing for secure software access and authentication required to support the CMS Solution as necessary. The Province will provide up to one work station for Contractor Personnel providing any CMS Solution Services when necessary.

The majority of meetings are anticipated to be in Edmonton, Alberta, Canada. For joint teleconference meetings, the Province will, if required provide the teleconference bridge.

Contractor Personnel, when using any GoA buildings, premises, hardware or software, shall comply with all security policies, regulations or directives, which have been provided to the Contractor, relating to those buildings, premises, hardware or software. If any Contractor Personnel willfully fail or refuse to abide by such policies, directives, rules or regulations that person shall immediately, upon request of Province, be removed by the Contractor from performing work or providing Services. After such removal is carried out, the Contractor may submit the matter to dispute resolution in accordance with the Contract.

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3.2.11 Service Levels

The Proponent must propose a Service Level model suited to its proposed Solution.

Service Level model should include processes and management for oversight of the Solution. This should include process descriptions, flow diagrams, and measurements etc. that address the following areas:

(a) Solution availability;

(b) Solution and infrastructure annual uptime;

(c) planned Outages;

(d) Phase-In Transition into operational use;

(e) on-going Operations;

(f) Service Level management and consequences if any; and

(g) unplanned Outages.

Each party should be responsible for the cost of resolving unplanned Outages which that party caused. In the event that responsibility for the unplanned Outage is not clear:

the Contractor should be responsible for providing the resolution and cost of the same, if five (5) or fewer Business Days are required; and

for resolutions requiring more than five (5) Business Days, then the parties should agree in writing on a Solution and how to share the costs.

3.2.11.1 Service Level Management Reporting

The Contractor should provide the following Service measures reporting:

(a) Availability

(i) Outages;

(ii) root cause analysis;

(iii) Mean Time Between Failures (MTBF); and

(iv) Mean Time to Restore Service (MTRS).

(b) User satisfaction - overall User satisfaction for Solution Tier 3 support provided by Contractor should be 2.8 or higher on a scale of 0 to 4. If the score is lower than 2.8, the Contractor should produce a plan detailing effort to be made to increase the score. The User satisfaction survey would be developed by Alberta Culture & Tourism, in conjunction with the Contractor and should be conducted after Transition into the Production Environment, and after the Warranty Period and as deemed appropriate by Alberta Culture & Tourism;

(c) Incidents by category;

(d) response time for:

(i) Application;

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(ii) Incidents;

(iii) Service Requests quantities

1. all approved SOW’s would be completed in a timely manner per the estimates provided and to the agreed scope; and

(iv) change management

1. Service Requests implemented; and

2. failed Implementations.

3.2.11.2 Missed Service Levels

The Province expects to manage and track the number of Service Levels missed by the Contractor on a monthly basis.

Should the cause and/or responsibility for a missed Service Level be in question, root cause analysis should be undertaken by the Contractor to ensure understanding of the underlying problem, its cause, and the associated responsibility.

The Province expects to measure the performance of the Contractor in the delivery of their Solution.

The Proponent should describe their approach for missed Service Levels. The approach should enable the Province to effectively manage and track the volume and causes of missed Service Levels; as well, measure the overall performance.

3.2.11.3 Severity Levels for Incidents

The following proposed table indicates an example of severity levels, timelines for resolution, activities required, and an escalation process.

Note: the following timelines are restricted to Business Days.

Figure #3 - Service Levels

Severity Level Time To Respond TTR

Activities Escalation

Severity 1 (Sev1) – CRITICAL PRIORITY

A Critical Priority Error renders the Solution inoperable or causes the Solution to substantially fail; or

An acknowledgement should be provided within 15 minutes from time issue is logged

Within 30 minute from time of issue being logged, an estimate of time required to resolve problem should be provided

Immediate and continuous efforts to

Contractor should acknowledge receipt of support request

Contractor should advise Province of estimate time required to resolve support issue

Contractor should coordinate technical efforts

Immediately notify Province SPOC

If not acknowledged by the Issue response team within 15 minutes, contact Contractor SPOC

If Contractor SPOC is not available, contact Contractor Business

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A Critical Priority SOW is executed.

Example: Users are unable to access Solution

resolve problem

Provide customer with hourly reports on the status of the issue

required to resolve support request

Contractor should provide hourly reports on the status of the issue

Contractor should provide a workaround or fix ASAP

Relationship Manager

If estimated timeframe or actual time passed is greater than 1 hour, contact critical Issue response team

Severity 2 (Sev2) – HIGH PRIORITY

A High Priority Error substantially degrades the performance and/or causes serious limitations in the use of the Solution; or

A High Priority SOW is executed.

Examples: Lack of functionality as designed, update failures, substantial performance degradation

An acknowledgement should be provided within 1 hour from time issue is logged

Within 4 hours from time of issue being logged to provide an estimate of time required to resolve problem

Technical efforts conducted with agreed timelines per estimate above

Provide customer with daily reports on the status of the issue



Contractor should coordinate technical efforts required to resolve support request

Contractor should provide daily reports on the status of the issue

Contractor should provide Province with workaround or fix ASAP

If not acknowledged by the Issue response team within 1 hour, contact Contractor SPOC

If Contractor SPOC is not available within 1 hour of the initial call, contact Contractor Business Relationship Manager

Severity 3 (Sev3) – MEDIUM PRIORITY

A Medium Priority Error has minor impact on overall use of the Solution; or

An acknowledgement should be provided within one (1) Business Day from the time the issue is logged.

Within two (2) Business Days from the time the issue is logged to provide an estimate of time required to



If not acknowledged by the Issue response team within one (1) Business Day, contact the Contractor Business Relationship Manager

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A Medium Priority SOW is executed.

Examples: Minor bugs or data inconsistencies but Solution is still functional and accessible

resolve problem



Contractor should provide Province with fix at agreed timelines

If Contractor SPOC is not available within one (1) Business Day, contact Contractor Business Relationship Manager

Severity 4 (Sev4) – LOW PRIORITY

A Low Priority Error has no impact to the overall use of the Solution; or

A Low Priority ministry SOW is executed.

Examples: Spelling errors, look and feel, general comments or questions

An acknowledgement should be provided within three (3) Business Days from the time the issue is logged.

Within five (5) Business Days from the time the issue is logged to provide an estimate of time required to resolve problem





Contractor should provide Province with fix at agreed timelines

If not acknowledged by the Issue response team within three (3) Business Days, contact Contractor SPOC

If Contractor SPOC has not acknowledged within 1 business day, contact Contractor Business Relationship Manager

The Province reserves the right to review and refine the Service Levels after Transition to the Production Environment and through Contract amendments as agreed to by both parties. Additionally, the Service Levels, including measures and targets, may be reviewed on a yearly basis and modified through Contract amendments as agreed to by both parties based upon lessons learned and consideration of Continuous Improvement.

The Province adopts best management practices with Service Levels by guidance with ITIL Service Operations. The Proponent should be familiar with ITIL best practices and be able to provide counsel on best practices with Service Levels.

The Proponent should describe their approach to determining the severity of an outage and potential consequences using the above figure #3 as a guideline. Further, describe the approach that should be considered when reviewing and amending Service Levels.

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3.2.12 Security

The Contractor should be aware of and adhere to the information security policies and practices in place amended from time to time during the Contract. A Security Threat and Risk Assessment (STRA) may identify some technology and/or control exceptions to those policies and practices which must be documented during the conceptual design phase of the project and updated throughout the lifecycle of the Contract. In cases where business requirements or technology limitations prevent direct compliance with an Implementation exception, compensating Controls can be proposed to meet the statement objective.

The Proponent should describe their approach to adhering to the security directives and schedule for working with the project team to create, monitor and update the STRA. Further, the Proponent should describe their approach to security testing, security scanning, protection of network architecture, access management, disaster recovery and managing security related issues both within the software and as related to infrastructure security where applicable.

3.2.13 Conversion/Transition

3.2.13.1 Conversion

There will be a requirement to convert some current website content and/or pages into the CMS Solution, including the migration of the entire existing Provincial Archives website. Other website content such as the Royal Alberta Museum or Royal Tyrrell Museum content may be identified throughout the course of the project, however it is expected that most of these sites’ pages will be re-developed by in-house staff.

The Proponent should include their approach to content conversion and migration as well as a proposed schedule.

3.2.13.2 Phase-In Transition

The objective of the requested Phase-In Transition Services plan is to prepare for the smooth transfer of Services to the Contractor and to ensure a seamless, low-risk migration of resources (knowledge, tools and processes) with minimal disruption. This includes the following responsibilities:

(a) a developed Phase-In Transition plan that includes deliverables and has the Province’s written approval;

(b) performing due diligence to identify the information required to successfully provide the CMS Solution; and

(c) document operational processes and procedures.

As part of the Proposal, the Proponent must provide a Phase-In Transition plan of how it will deliver Phase-In Transition for the CMS Solution. The proposed plan will be used as the foundation to create the Phase-In Transition Services plan and to coordinate the involvement/commitment from the current service providers. This plan should include Services that consist of the transfer of responsibility to the Proponent’s Solution. In this high-level plan, the approach to Phase-In Transition Services should address how the

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Proponent intends to provide Phase-In Transition of CMS Solution Services, with no interruption of Services to CMS Solution Users, and may include (but is not limited to) the following:

(a) change management processes;

(b) release and deployment processes;

(c) knowledge management processes – documentation on the architectural components, user guides, processes etc. provided to the Province as part of change management processes; and

(d) roles and responsibilities of the Province for Phase-In Transition of Services to operational use and the involvement of subject matter experts where necessary.

The Proponent should also include details of how they have performed these activities with other clients with similar software systems.

3.2.13.3 Phase-Out Transition

Upon the expiration or termination of this Contract, or when a Service or portion of a Service is being removed from this Contract, the Contractor shall at the request of the Province, reasonably assist the Province in transferring all in-scope Services and any remaining software licenses to a successor or the Province until the Province deems the transition complete.

The approach to Phase-Out Transitions Services should include the following:

(a) finalized Phase-Out Transition strategy and plan approved by the Province. This should include how the Contractor intends to provide Transition of CMS Solution Services with other service providers, with no interruption of Services to CMS Solution Users, and may include the following:

(i) change management processes – change management processes and participation in the change management processes;

(ii) release and deployment processes; and

(iii) knowledge management processes – documentation on the architectural components, user guides, processes etc. provided to Province as part of change management processes.

(b) establish, collaboratively, a structure to oversee, monitor and report the Phase-Out Transition of the Services;

(c) establish a phase out transition project team consisting of Contractor Personnel, Province resources, and other affected service providers including the current service provider. There will be defined accountability of both parties;

(d) a detailed transition plan as agreed to in writing by the parties;

(e) changes to the current service delivery model, Service Levels, tools and processes should be clearly understood by the parties and communicated as part of the Phase-Out Transition;

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(f) clear and ongoing communication at all levels between the parties;

(g) active involvement of subject matter experts; and

(h) identify and address issues with the accuracy of Application Documentation during Phase-Out Transition.

The Proponent should include their commitment to completing the Phase-Out Transition, and include details of how they have performed these activities with other clients with similar software systems.

3.2.14 Acceptance Testing

There will be a requirement to complete testing and testing documentation for any Application changes and Solution Design components of the Solution that are expected to be accepted into the Production Environment. Errors found during testing should be corrected by the Contractor. The Contractor, in consultation with the CMS Solution Project team, will develop the testing data and a testing plan that ensures the proposed Solution meets expected functional and system-wide requirements and provisions. Testing includes regression and unit testing to End-to-End Testing and sign off once assurance of comprehensive testing has been performed with no defects.

Application testing may include: Unit Testing Services; System Testing Services; Integration Testing Services; and System Integration Testing (SIT) Services where applicable. In addition, the Province may request Performance Testing; Compatibility Testing; Conformance Testing; Load Testing; Stress Testing; and Automated Testing.

Duties and deliverables for this activity may include (but are not limited to) the following:

(a) developing a testing strategy;

(b) developing a detailed testing plan;

(c) perform all unit testing and provide regular status reports on testing activities;

(d) develop and submit for sign-off system test plans linked to the requirements traceability matrix as identified above;

(e) performing system testing, working closely with the CMS Solution project technical analysts and team;

(f) include regression testing for each release;

(g) functional testing plans will be drawn up by the Province working closely with the Contractor contributing to the development of functional testing plans, and CMS Solution end Users (these plans will include testing scripts and scenarios);

(h) developing a schedule for all testing activities; and

(i) testing plans and schedules will, if appropriate, be agreed and signed-off as deliverables prior to the start of the testing activities.

The Proponent should include details on the approach, proposed plan and proposed schedule for testing the Solution during Implementation and future releases.

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3.2.15 Documentation

The Contractor is responsible for providing Documentation to the Province. Duties and deliverables for this activity may include providing Documentation in an electronically editable form–covering all functional areas of the Solution, which includes updating the documentation to reflect any Customization and/or Configuration changes made to support Solution requirements.

The following items provide direction for Documentation that should be created and maintained on an ongoing basis.

(a) development Documentation: ensure application documentation during development is created and up-to-date for each development project;

(b) Application Documentation: enhance and maintain documentation for each application. Documentation should be updated to reflect any changes made to the application;

(c) Phase-In Transition Documentation: The following documents would be required as part of any Phase-In Transition Services:

i. physical data model - entity relationship diagram;

ii. data dictionary with data definitions for all database objects including tables and columns;

iii. deployment model showing which software components are deployed;

iv. system Documentation;

v. testing methodology and strategy; and

vi. End User Documentation.

(d) Solution administrative manual: development of a Solution administrative manual is the responsibility of the Contractor. From this base manual, the Province will create and maintain User Documentation and other training materials.

(e) User Documentation: development and maintenance of User documentation and manuals is the responsibility of the Province business/support areas. The Contractor should provide assistance to business/support area representatives in writing or reviewing User documentation; and

(f) Training manuals: development and maintenance of training manuals is the responsibility of the Province business/support areas. The Contractor should provide assistance to business/support area representatives in writing or reviewing User training materials.

During the Contract, the Province prefers to receive all project-related documents in electronic form, including those listed above in the following formats (in order of preference):

(a) Microsoft Word;

(b) Microsoft Excel;

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(d) Microsoft Project;

(e) Microsoft PowerPoint;

(f) Adobe Captivate;

(g) Adobe PDF; and

(h) Print.

For visualizations, the Province prefers to receive digital files in the Visio format or as PDFs. The original version of the document should be made available to the Province upon request.

The Proponent should provide a complete list and details of the Documentation, as well as, approach to updating and maintaining the documents; that will be provided during the span of the project inclusive of format.

3.2.16 User Training

3.2.16.1 Train-the-Trainer Requirements

The Province anticipates up to ten (10) front line “train-the-trainer” administrative Users to be trained as experts on the CMS Solution. These experts will then train the remaining User staff. To enable this training, the front line “train-the-trainers” need to be able to:

(a) use all Solution functions required to operate and administer the Solution in Alberta Culture & Tourism’s facilities;

(b) instruct others in the use of each function;

(c) instruct others in general system usage and navigation; and

(d) troubleshoot issues for front line staff with the ability to determine if a problem is User-generated or requires escalation/contractor Tier 2 and Tier 3 assistance.

Training for these trainers should be provided at a location in Edmonton, Alberta, with specific locations to be agreed in writing by the Province. If required, the Province will provide facilities and equipment necessary for the training sessions.

The training should commence after all testing, such that Province resources can assist with testing and training environment activities. The training sessions should occur sufficiently early in the project such that the Province can adequately train the remainder of their front-line staff prior to the Solution moving to the Production Environment. The train-the-trainer sessions must be completed prior to Phase-In Transition of the Solution into the Production Environment.

3.2.16.2 Pre-Training Support

The Contractor must provide electronic and editable versions of all training materials and media. These materials must be supplied sufficiently in advance of training to allow for review and feedback while also allowing time for the Contractor to make updates, as required.

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For the purpose of recruiting appropriate trainers, it is essential that the Province understand the recommended level of pre-existing skills and knowledge for the end User trainers. In addition, the Province needs to understand the recommended time required to train the end Users.

3.2.16.3 Computer Based Training (CBT)

The Contractor may be capable of supplying self-directed Computer Based Training (CBT) as a complimentary training tool for all CMS Solution staff. This training approach would be useful both in imparting basic User knowledge but also as a tool to assist both trainers and the front-line staff they train in refreshing their CMS Solution knowledge.

The Proponent must provide a “train the trainer” plan for the CMS Solution. This plan should include details on how the Proponent proposes to meet the training objectives above, inclusive of their training approach and high level schedule.

3.2.17 FOIP

The Solution must adhere to the Provinces’ FOIP requirements (see section 3.1.7).

3.2.18 Application Maintenance and Support (AMS)

The GoA Service Desk will be responsible to manage and resolve Tier 1 defects by providing 24/7/365 help desk support. The Province will be responsible for onboarding the GoA Service Desk and providing knowledge articles and product categories, etc. as it relates to the CMS Solution.

The Contractor will be responsible for providing Tier 2 and Tier 3 AMS support using Contractor Personnel. All AMS Tier 2 and 3 support will be finalized and agreed to in writing by the parties prior to implementation of the CMS Solution.

It is expected the support model will follow the support terms as defined by ITIL. Tier 2 and Tier 3 AMS should encompass:

(a) event management – the processes that detect and report on anomalies in the Solution, and the associated processes;

(b) Incident and problem management - the processes that would restore the Solution to normal service and manage the Incident reporting. The Contractor should have a critical Issue response team who would conduct a root cause analysis and restore service; and

(c) Service Request fulfilment – the processes that would manage the request for changes to the Solution and describe how Province would be involved.

In addition to ITIL, the AMS Services provided by the Contractor should be consistent with the following ISO/IEC standard 14764:

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(a) corrective maintenance refers to modifications necessitated by actual errors in a software product. If the software product does not meet its requirements, corrective maintenance is performed;

(b) emergency maintenance is an unscheduled modification performed to temporarily keep a system operational pending corrective maintenance;

(c) preventive maintenance refers to the modifications necessitated by detecting potential errors in a software product;

(d) adaptive and perfective maintenance refers to modifications that are enhancements to a software product. These modifications are those that were not in the design specifications or the released software.

i. adaptive modifications are those modifications necessary to accommodate a changing environment. Adaptive modifications include modifications to implement new system interface requirements, new system requirements, or new hardware requirements.

ii. perfective modifications improve the software product's performance or maintainability. A perfective modification might entail providing new functionality improvements for Users or reverse engineering to create maintenance Documentation that did not exist previously or to modify existing Documentation.

The Contractor should provide the following AMS Services:

(a) root-cause analysis;

(b) bug fixes;

(c) data fixes;

(d) ad-hoc reports;

(e) ad-hoc data extracts;

(f) support for data extracts;

(g) updates to all documentation to reflect changes to the Solution;

(h) ad-hoc training/knowledge transfer;

(i) formal functional and technical training;

(j) access to a functional and technical online knowledge base;

(k) troubleshooting;

(l) performance tuning;

(m) upgrades of third party software required by the Solution;

(n) security and vulnerability testing and reporting;

(o) Configuration and Customization;

(p) Solution upgrades;

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(q) Security upgrades; and

(r) other Solution enhancements.

The Proponent must include the AMS plan and approach.

This plan should include, but not be limited to:

(a) a description of the AMS Services that will be provided by the Proponent.

(b) a description of the proposed AMS Tier 2 and 3 support model using Proponent Personnel for the Solution deployed into the Production Environment.

(c) approach and timelines for implementing the proposed AMS model.

(d) the methodology and approach as it relates to AMS and related reporting.

(e) any other support options that may be available to the Province such as a developer community or public forum support for the Solution.

3.2.19 Software Licensing

The Province will be the licensee for all licenses of Commercial Software required for the CMS Solution.

The Proponent should describe their licensing model and approach for the Solution.

3.2.20 Possession of the Solution

The Province reserves the right at its sole discretion, to take possession of the Solution at any time during the term of the Contract without penalty if it is feasible for the Province to host and run the Solution on its own hardware or to contract with another party to Host the Solution. The Province also reserves the right to renew any Application licensing acquired under this Contract from the Contractor, or directly from the Manufacturer or a third party authorized by the Manufacturer, commencing at the time of the expiration of the term of the Contract or any extensions.

3.2.21 Audits

The Province may be requested to perform an audit and deliver an audit report on the CMS Solution. The Contractor shall do the following upon the Province’s request during the term of the Contract:

(a) participate in the audit or audit meetings;

(b) deliver existing documents for the audit;

(c) demonstrate processes and / or procedures for the audit;

(d) execute action items on behalf of the auditor;

(e) prepare documentation and / or reports at the request of the Province for the purpose of completing the audit;

(f) address and / or comment on the audit report; and

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(g) participate in any audit follow-up meetings.

The Province has the right to perform process audits on the Contractor’s processes and systems to ensure:

(a) compliance with the provisions of the Contract;

(b) that Service Measure reporting is accurate; and

(c) the quality of Services provided.

3.2.22 Potential Optional Work

The Contractor may have the opportunity to provide Optional Work. Optional Work must be related to, and/or similar, and in addition to the CMS Solution described as scope within this RFP, and may include consulting services, Solution Design, and any other Implementation Services.

The Proponent should include a list and description of resource roles that may be required for Optional Work.

3.2.23 Other Program Areas in Alberta Culture and Tourism

The Province shall have the option to make this Solution and the Services available to other program areas within Alberta Culture and Tourism, including, but not limited to, the Jubilee Auditorium. This Contract shall form the framework by which the Province may directly enter into a contract with the Contractor for the same Services for other program areas within Alberta Culture and Tourism on the same terms and conditions in this Contract including the Pricing. All project design, transfer, implementation, etc. would need to be planned as a separate project from the one described in this RFP.

3.3 Proponent Requirements

The Proponent is expected to provide the Services and Materials as required by this RFP. The Proponent should provide economies of scale and have the flexibility to accommodate increases or decreases in Alberta Culture and Tourism’s business needs. The Proponent should have proven proficiency and expertise within IT services and in the delivery of all Services as required in this RFP. The Proponent should provide continual investment in innovation that would benefit both the Province and the Contractor.

The Proponent should demonstrate:

(a) where the Solution has been successfully implemented in other organizations;(b) economies of scale and flexibility to accommodate the Province’s business needs; and(c) the commitment and approach to continual investment of the Solution.

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3.4 Human Resource Requirements

3.4.1 Proponent Role and Responsibilities

The Proponent should have experience in a broad range of IT services. Proponent Personnel should be experienced and involved with the development and deployment of the CMS Solution, AMS and potential Optional Work.

3.4.2 Proponent Personnel

The Proponent Personnel should be business orientated, have industry CMS skills, and demonstrate that they can work collaboratively with Province staff.

The Proponent should propose named Personnel for key roles required for the development of the CMS Solution and AMS roles:

(a) Delivery Manager;

(b) Project Manager; and

(c) Solution Architect.

3.4.2.1 Delivery Manager:

The Delivery Manager will be responsible for the day-to-day, tactical and strategic aspects of the relationship and ensuring the Contractor meets their contractual obligations. The Delivery Manager shall be responsible for interacting with the Division CMS project manager, and any project staff.

3.4.2.2 Project Manager:

It is expected that the Contractor Project Manager will liaise with the project team, primarily with the Department CMS project manager, and Contractor Personnel to ensure project goals are met, the schedule is kept to, risks are raised and mitigated, issues are raised and dealt with, etc.

3.4.2.3 Solution Architect:

It is expected that the Contractor Solution Architect will liaise with Department CMS architects, and the Contractor Personnel to ensure system-wide and architectural and system requirements are met.

The Proponent must complete a Proponent Personnel Skill Summary Sheet (refer to Appendix D) for each resource proposed for the key roles as described above. Fixed Price Hourly Rates for the above resource role categories must be included in Appendix B – Pricing Form.

The Proponent should also propose and describe any other resource role categories to be included in the development and ongoing operations of the CMS Solution. Fixed Price Hourly Rates for all resources proposed must be included in Appendix B – Pricing Form.

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The Proponent should provide an organization chart that describes the proposed Personnel, including any other Proponent roles, which will be involved with delivering the Solution and providing Services.

3.5 Innovation

The Province is particularly interested in recommendations that would reduce development time and improve the development experience, providing additional value to the Province, for example, Proponent supplied tools to manage software development version control and libraries. The Proponent should include recommendations for new technology, tools or techniques that could be used for the delivery of the Services and Materials described in this RFP throughout the period of the Contract.

In addition, the Province is interested in future advances in business improvements, overall information management, information technology, and related disciplines and how these can assist the Department to become more efficient and effective (including cost effective). The Proponent should include approaches describing how they would bring forward relevant and appropriate knowledge, assessment and recommendations through the duration of the Contract.

3.6 Invoicing Approach

3.6.1 AMS Billing Approach - Invoicing

The Contractor shall issue invoices monthly for AMS, for the support and Hosting of the Solution or Optional Work released into the Production Environment after expiry of the Warranty Period. The invoice shall contain the supporting reports as described in section 3.2.8 (Project Status Reporting). Each invoice shall be due and payable thirty (30) days after receipt. AMS shall be invoiced in accordance with the Contract.

3.6.2 Optional Work - Invoicing

The Contractor shall issue invoices for approved Optional Work that have been provided to the Province as mutually agreed to. The invoice shall contain the supporting reports where applicable and as described in section 3.2.8 (Project Status Reporting). Each invoice shall be due and payable thirty (30) days after receipt. Services shall be invoiced in accordance with this Contract.

3.6.3 General Provisions - Errors or Omissions or Adjustments

Any errors or omissions or required adjustments of invoices agreed to by both parties shall be identified in writing and adjustments made within thirty (30) days of written notice.

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4 EVALUATION CRITERIAThe RFP evaluation criteria will be distributed within the following rating categories.

Evaluation Categories Evaluation Category

Percentage1. People 102. Products and Deliverables 403. Service Delivery 154. Financial and Pricing 205. Conversion, Transition and Training 86. Leadership and Innovation 7

The following RFP requirements will also be evaluated, but not scored:

(a) Proponent Profile;

(b) acceptance of RFP Administration Terms and Conditions, and

(c) acceptance of Contract Terms and Conditions (Appendix A).

5 PROPOSAL CONTENT GUIDELINES5.1 Proposal Format

To facilitate the evaluation of Proposals by the Evaluation Team, and to ensure each Proposal receives full consideration, Proposals should be organized in the following format, using the section titles and sequence listed below:

(a) Table of Contents;

(b) Proponent Profile;

(c) RFP Requirements;

(d) RFP Administration Terms and Conditions

(e) Contract Provisions; and

(f) Appendices.

5.2 Proposal Content

The requirements described with a “must” in this section are required to be provided in the Proposal. It is highly desirable that Proposals also respond to “should” requirements in this section. The Proposal response to all mandatory and desirable requirements in this section will be utilized in evaluating each Proposal and scored.

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Proponents proposing an alternative to any RFP requirement must clearly substantiate the merit of the alternative. Proposed alternatives must meet the fundamental intent of the requirement. The acceptability of the alternative will be determined by the Evaluation team.

5.2.1 Proposal Submission

Submission of the Proposal shall be deemed agreement by the Proponent that if awarded the Contract, the Proponent will deliver the Materials and/or deliver the Services in accordance with the Contract.

5.2.2 Proponent Profile

5.2.2.1 The Proposal must include:

(a) a brief introduction of the Proponent, identifying the members of the Proponent Team (if applicable) and contact information for the individual who will be the Proponent Team’s contact with the Province;

(b) the full legal name of the Proponent. In the case of Proponent Team Proposals, the full legal name of the Prime Proponent and each Proponent Team organization member must be provided;

(c) the location of the Proponent’s head office and service centres. For Proponent Team Proposals, head office and service centre locations must be provided for each Proponent Team member; and

(d) details of any and all subcontracting arrangements proposed by the Proponent.

The Proposal should include:

(a) a Proponent contact for all questions and clarifications arising from the Proposal. The contact information should include the person’s title, address and email address, and telephone and facsimile numbers;

(b) a Proponent contact authorized to participate in Contract finalization. The contact information should include the person’s title, address and email address, and telephone and facsimile number; and

(c) corporate references for at least three (3) projects undertaken by the Proponent that are similar in scope and complexity to the project described in this RFP. References should include the name of the client organization and an official contact person for the client organization, including their street address, email address, and telephone number. If the Proposal does not include these references, the Proponent must provide them within 2 Business Days of a request by Procurement Services. The Province may contact references, including references other than those submitted by the Proponent, without prior notice to the Proponent. The Proposal may be rejected if, in the opinion of the Province, the Proponent receives unsatisfactory references.

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5.2.2.2 In the case of Proponent Team Proposals, the Proposal must also:

(a) describe the role of the Prime Proponent and each Proponent Team member;

(b) identify management, ownership, financial and legal relationships between Proponent Team members;

(c) demonstrate a Proponent Team management approach that will ensure, for the duration of the Contract, clear lines of communication and delivery of Services; and

(d) demonstrate that Proponent Team members are qualified to perform the tasks they have been proposed to perform.

5.2.3 RFP Requirements

5.2.3.1 Proponent Capabilities

The Proposal should:

(a) demonstrate where the Solution has been successfully implemented in other organizations, as described in RFP section 3.3 (Proponent Requirements);

(b) describe the Proponent’s ability to deliver a Solution and Services to drive economies of scale and flexibility to accommodate the Province’s changing business needs, as described in RFP section 3.3 (Proponent Requirements); and

(c) demonstrate the Proponent’s commitment and approach to continued investment of the CMS Solution, as described in RFP section 3.3 (Proponent Requirements).

5.2.3.2 People

1. The Proposal must:

(a) include a completed Appendix D - Proponent Personnel Skills Summary Sheet for each resource proposed (see RFP section 3.4 Human Resource Requirements). The Proponent must propose only one (1) resource per role identified below:

i) Delivery Manager;ii) Project Manager; andiii) Solution Architect.

2. The Proposal should:

(a) include resumes for each proposed resource. If the Proposal does not include a resume, the Proponent must provide it within two (2) business days of a request by Procurement Services;

(b) include an organization chart by roles and named Proponent personnel proposed for this project as identified in RFP section 3.4 (Human Resource Requirements);

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(c) include a list of and description for any other proposed roles to be included in the development and ongoing operations of the CMS Solution as identified in RFP section 3.4 (Human Resource Requirements);

(d) include a description of how Proponent personnel are capable, trained and qualified to provide Services for each of the roles;

(e) include the Proponent’s approach to provide additional, optional or specialized personnel needed to meet the requirements stated in this RFP;

(f) include a description of the Proponent’s ability to provide additional personnel should the Province request an increase in Services; and

(g) include a description of how the Proponent intends to minimize Personnel turnover and ensure no disruption or impact to Province should it occur.

5.2.3.3 Products and Deliverables


(a) identify the version of the software that is being proposed. The proposed software must be commercially available prior to the RFP closing date; and

(b) include a response to the mandatory requirements in Appendix C – CMS Solution Mandatory Requirements and Desirable Specifications as described in RFP section 3.2.1 (Software/Solution Requirements).


(a) include a response to the desirable provisions in Appendix C – CMS Solution Mandatory Requirements and Desirable Specifications as described in RFP section 3.2.1 (Software/Solution Requirements);

(b) include details of how the Proponent’s proposed Solution will meet or improve the CMS Solution requirements as described in RFP section 3.2.1 (Software/Solution Requirements);

(c) include details of any additional Solution functionality that the Proponent will include with the CMS Solution and within the budget as listed in this RFP;

(d) clearly identify if the Proponent is proposing to include Pre-Existing Work, Commercial Software and/or SaaS components in the development of the Solution. Provide sufficient details which would allow a third party to distinguish the Pre-Existing Work, Commercial Software and/or SaaS components from other Materials;

(e) include details of how the Solution will be able to change and adapt to changing business needs over the term of the Contract;

(f) indicate if the Province will have access to the source code as described in RFP section 3.2.7 (Access to Source Code);

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(g) include a description of the, inclusive of length and activities associated with, Warranty Period provided by the Proponent, as described in RFP section 3.2.8 (Warranty); and

(h) include a description of the licensing model as described in RFP section 3.2.19 (Software Licensing).

5.2.3.4 Service Delivery

5.2.3.4.1 Management Approaches


(a) include the management approach to providing Services for the CMS Solution;

(b) include a description of the Proponent’s plan for proactive and effective management of Service delivery through clear, open and timely communication; and

(c) include the Proponent’s commitment to relationships at all levels with Province during the Contract.

5.2.3.4.2 Solution Design and Methodologies


(a) include the location of the Proponent’s data centre facilities; which must ensure the Province’s data remains within Canada; and

(b) include a project plan as stated in RFP section 3.2.6 (Implementation).


(a) include a detailed description of any and all Hosting components for the Solution including the design, hardware, software, peripherals and other items that will make up the Hosting site(s) for the Solution as described in RFP section 3.2.2 (Architecture and Standards) and 3.2.3 (System Performance). The Proponent should describe how it aligns with the Province’s environment;

(b) include the approach and schedule for requirements gathering and analysis as described in RFP section 3.2.4 (Requirements Gathering and Analysis);

(c) describe the approach and schedule for the Solution Design portion of the project as described in RFP section 3.2.5 (Solution Design);

(d) include a methodology and approach that includes develop, release and deployment of the Solution, with an approach to fit within the project timelines and funding allocation within the planning of each project. The Proposal should indicate the benefits of such an approach and what, if any, cost savings there are or risks that are mitigated by such an approach;

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(e) within the project plan, include Implementation methodology and approach, project schedule and milestones, deliverables, etc. and any ability to shorten project and/or Implementation timelines as described in RFP section 3.2.6 (Implementation); and

(f) include details on the approach and proposed schedule for testing the Solution during Implementation and future releases as described in RFP section 3.2.14 (Acceptance Testing).

5.2.3.4.3 AMS and Service Levels


(a) propose a Service Level model suited to its proposed Solution as stated in RFP section 3.2.11 (Service Levels); and

(b) include an AMS plan and approach as stated in RFP section 3.2.18 (AMS).


(a) within the proposed Service Level model as described in section 3.2.11 (Service Levels), include:i) the Proponent’s approach and commitment to support meeting near

24/7 availability of the CMS Solution website and all Solution components;

ii) a description of the Proponent’s proposed Service Levels and approach for development and management of Service Levels;

iii) a description of the Service Level management reporting that will be provided to the Province;

iv) details of how quickly and effectively the Solution can be restored to normal working after a failure. It is measured and reported as Mean Time to Restore Service (MTRS);

v) details of how long a service component can perform its agreed function without interruption. It is measured and reported as Mean Time between Failures (MTBF);

vi) include a description of roles and responsibilities for working with Province and/or Service Alberta on Service Level management processes;

vii) a description of the Proponent’s approach for managing, tracking and reporting missed Service Levels; and

viii) a description of the Proponent’s approach to reviewing and amending Service Levels;

(b) within the AMS plan and approach as described in RFP section 3.2.18 (AMS), include:i) a description of the AMS Services that will be provided;ii) the Proponent’s proposed Tier 2 and 3 AMS support model

including detail on the Personnel that will be used, as well as, roles for all parties;

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iii) approach and timelines for implementing the proposed AMS model;iv) the methodology and approach as it relates to AMS and related

reporting; andv) a description of any other support options that may be available to

the Province such as a developer community or public forum support for the Solution; and

(c) include a detailed description of any additional Service provided as part of its proposed AMS Services. The Proponent should indicate in its Proposal how it commits to AMS, including such activities as:i) the upkeep of the change management log;ii) the upkeep of a centralized issue log; iii) status reports; andiv) updates to standards and best practices.

5.2.3.4.4 Security


(a) describe their approach to adhering to the security directives and schedule for working with the project team to create, monitor and update the STRA, as described in RFP section 3.2.12 (Security);

(b) describe their approach to security and managing security related issues, as described in RFP section 3.2.12 (Security); and

(c) describe their approach to security testing and scanning, network architecture security, disaster recovery, and access management as described in RFP section 3.2.12 (Security).

5.2.3.4.5 Reporting and Documentation


(a) provide a summary and details of the reporting that will be provided through the duration of the Contract, as described in RFP section 3.2.9; and

(b) include a description of the Documentation that will be provided as part of the project as well as the format, as described in RFP section 3.2.15 (Documentation).

5.2.3.4.6 Audits

The Proposal must include the Proponent’s commitment to support the Province with audit activities, as described in RFP section 3.2.21 (Audits).

5.2.3.4.7 Potential Optional Work

The Proposal should include a list and description of resource roles that may be required for Optional Work, as described in RFP section 3.2.22 (Potential Optional Work).

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5.2.3.4.8 Measurement and Continuous Improvement


(a) include confirmation of the Proponent’s commitment to, and joint participation in, Continuous Improvements with the Province. This includes ensuring that processes, procedures and tools are improved to ensure that a high level of Service is provided, and quality systems continue to be developed and maintained;

(b) include the Proponent’s approach to identify and recommend changes to meet the objectives of Continuous Improvement, and report results of implemented changes and recommendations;

(c) include details of how the Proponent will provide ongoing Continuous Improvement to the functions and operations of the CMS Solution;

(d) include a description of up to three (3) lessons learned by the Proponent (i.e. opportunities for Continuous Improvement) that have been learned from past Implementations; and

(e) include affiliations the Proponent has with hardware or software Proponents, and the process whereby the Province can be assured of receiving technology advice that will be objective and result in Continuous Improvement Services through cost-effective solutions.

5.2.3.5 Financial and Pricing


(a) include a response to Appendix B (Pricing Form) to submit their pricing for the Services and Materials as described in this RFP; and

(b) not exceed $180,000 (Canadian) for the Implementation Services including Solution Design, conversion of current data, and Phase-In Transition to the Production Environment.

2. The Proposal should not exceed $30,000 (Canadian) annually for Hosting and AMS Services for the initial term of the Contract.

5.2.3.6 Conversion, Transition and Training Services

5.2.3.6.1 Conversion

The Proposal should include the approach to content conversion and migration as well as a proposed schedule, as described in RFP section 3.2.13.1 (Conversion).

5.2.3.6.2 Phase-In Transition Plan

1. The Proposal must include a Phase-In Transition plan that describes how the Proponent intends to Transition the Province to the new Solution, as stated in RFP section 3.2.13.2 (Phase-In Transition).

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(a) include details of how the Phase-In Transition plan will support stability of CMS Solution operations and the Production Environment during Transition, with no interruption Services to CMS Solution Users, as described in RFP section 3.2.13.2 (Phase-in Transition);

(b) include the process model including roles and responsibilities of how the Proponent intends to work with Province and/or Service Alberta for Phase-In Transition Services for Service Desk, as well as other operational, process and procedures of the CMS Solution. This model should include the role of the Province; and

(c) include details of how the Proponent has performed these activities with other clients with similar software systems.

5.2.3.6.3 Phase-Out Transition Services


(a) include the Proponent’s commitment to completing the Phase-Out Transition which may include a Phase-Out Transition Plan that describes the Proponent’s strategy and plan. This plan should ensure stabilization and support for the existing environment when performing Phase-Out Transition Services at the end of the Contract, as described in RFP section 3.2.13.3 (Phase-Out Transition); and

(b) include details of how the Proponent has performed these activities with other clients with similar software systems.

5.2.3.6.4 Possession of the Solution

The Proposal should include a plan that describes how the CMS Solution could be transitioned to the GoA’s Hosting environment from the Proponent’s Hosting environment, as described in RFP section 3.2.20 (Possession of the Solution).

5.2.3.6.5 Training

1. The Proposal must include a “train the trainer” plan for the CMS Solution, as stated in RFP section 3.2.16 (User Training).


(a) include a description of the proposed training materials and media, as described in section 3.2.15 (Documentation);

(b) within the “train the trainer” plan, include details on the approach that will be used to meet the training objectives, inclusive of a high level scheduled as described in RFP section 3.2.16 (User Training);

(c) include details of the level of pre-existing skills and knowledge for end User trainers, and time required for training, as described in section 3.2.16 (User Training) and

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(d) include a description of the proposed CBT as a training tool or other training tools that may be available to the Province, as described in section 3.2.16 (User Training).

5.2.3.7 Leadership and Innovation


(a) include the Proponent’s leadership approach that provides innovative solutions or delivery of Services to the Province, as described in RFP section 3.5 (Innovation);

(b) describe any special tools or techniques that will add value to delivering the Services during the Contract, as described in RFP section 3.5 (Innovation);

(c) include any additional concepts or structures that would enhance the value of the CMS Solution during the Contract;

(d) include details of the Proponent’s capability to lead its organization with proposing and implementing new innovative CMS Solutions;

(e) details of the Proponent’s capability as an industry leader or participant with advancing global technologies, concepts and solutions within the CMS Solution industry; and

(f) describe the Proponent’s approach and demonstrated success in leadership affecting Users, stakeholders and business areas.

5.2.4 RFP Administrative Terms and Conditions

Proponents by submitting a Proposal are deemed to have accepted the RFP Administration Terms and Conditions.

In accordance with Clause 2.4.1 (c) of the RFP Administration Terms and Conditions the Proponent, if it considers portions of its Proposal to be confidential, shall identify those parts of its Proposal considered to be confidential to Her Majesty and what harm could reasonably be expected from disclosure. Her Majesty does not warrant that this identification will preclude disclosure under FOIP.

5.2.5 Standard Contract Provisions

Except as otherwise noted in Appendix A, the acceptance of the Contract Provisions is desirable. Unless the Proposal contains an express provision to the contrary, Proponents by submitting a Proposal are deemed to have accepted each of the provisions of the Contract exactly as drafted (including any Schedules) attached as Appendix A.

Where the Proponent responds “Not Met” to a Contract provision identified as “desirable”, the Proponent should provide in their Proposal the Proponent’s position on the provision, i.e. the wording that the Proponent prefers to be included in the Contract.

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Where the Proponent responds “Not Met” to a Contract provision identified as “mandatory”, the Proponent must provide in their Proposal the Proponent’s final position on the provision, i.e. the wording that the Proponent requires for the Proponent to enter into a contract. Her Majesty will deem any alternative wording, including suggested, recommended, or proposed wording, as reflecting the Proponent’s final position on the provision. Alternative wording should be considered carefully since alternative wording for mandatory contract provisions not meeting the fundamental intent of the provision will result in rejection of the Proposal. Her Majesty will determine whether the alternative wording meets the fundamental intent of the provision.

5.2.6 Proponent Proposed Contract Provisions

Any proposed license or maintenance agreement that the Proponent will require, should be included in the Proposal or must be provided to Procurement Services within three (3) Business Days of request. In the case of conflicts, discrepancies, errors or omissions among the proposed license, maintenance or support agreements and the Proponent’s response to RFP section 5.2.5 (Standard Contract Provisions) in its Proposal, the Proponent’s response to RFP section 5.2.5 (Standard Contract Provisions) in its Proposal shall take precedence and govern.

5.2.7 Appendices

If the Proponent wishes to include any other material not specifically requested by this RFP, it may do so by including additional appendices in the Proposal.

6 RFP ADMINISTRATIVE TERMS AND CONDITIONS6.1 RFP Terminology

Terminology used throughout the RFP is located in Appendix A, Schedule “1” – Terminology.

6.2 General

6.2.1 RFP Availability

The Proponent should, when submitting a Proposal, obtain the RFP directly from APC to facilitate receiving any RFP updates/amendments issued by Procurement Services. Proposals that do not comply with the RFP requirements, including if the RFP has been updated/amended, will be rejected.

6.2.2 Proponent Questions and Communications

All questions and any form of communications with the Province regarding the RFP must be in writing and only be directed to the Contracting Manager unless otherwise advised in writing from the Contracting Manager. The Province is neither responsible nor liable for statements or representations made by any other persons in relation to this RFP and may disqualify any Proponent who fails to comply with this provision. Enquiries to, and responses of, the Contracting Manager will be recorded. The Contracting Manager will respond in writing to the

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enquiring Proponent and this may, in the Province’s discretion, be distributed to all Proponents.

The Proponent has the responsibility to notify the Contracting Manager in writing, of any ambiguity, divergence, error, omission, oversight, contradiction, or item subject to more than one interpretation in the RFP, as it is discovered, and to request any instruction, decision, or direction required to prepare the Proposal.

In order for Procurement Services to deal effectively with Proponent questions or concerns about any terms, conditions or requirements of the RFP including the Contract provisions, such questions or concerns must be communicated in writing to the Contracting Manager at least seven (7) Business Days prior to the RFP’s Closing Date. Questions received after this time may be answered if time permits.

Verbal responses to enquiries are not binding on any party.

6.2.3 Confidentiality and Security of Information

The Proponent, the Proponent’s Personnel (employees, subcontractors, and agents) shall:(a) keep strictly confidential all information concerning the Province or third parties, or

any of the business or activities of the Province or third parties acquired as a result of participation in the RFP; and

(b) only use, copy or disclose such information as necessary for submitting a Proposal or upon written authorization of the Province.

The Proponent shall maintain security standards, including control of access to data and other information, consistent with the highest standards of business practice in the industry.

6.2.4 Freedom of Information and Protection of Privacy

6.2.4.1 The Proponent acknowledges that:

(a) The Freedom of Information and Protection of Privacy Act of Alberta (FOIP) applies to all information and records relating to, or obtained, generated, created, collected or provided under, the RFP or the Contract and which are in the custody or control of the Province. FOIP allows any person a right of access to records in the Province’s custody or control, subject to limited and specific exceptions as set out in FOIP;

(b) FOIP imposes an obligation on the Province, and through the RFP and Contract on the Proponent, to protect the privacy of individuals to whom information relates. The Proponent shall protect the confidentiality and privacy of any individual’s Personal Information accessible to the Proponent or collected by the Proponent pursuant to the RFP or the Contract;

(c) The Proponent, if it considers portions of its Proposal to be confidential, shall identify those parts of its Proposal to the Province considered to be confidential and

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what harm could reasonably be expected from disclosure. The Province does not warrant that this identification will preclude disclosure under FOIP;

(d) Materials produced by the Proponent, in connection with or pursuant to the RFP or the Contract, which are the property of the Province pursuant to the RFP or the Contract, could be considered records under the control of a public body and could therefore also be subject to the FOIP before delivery to the Province. As such, the Proponent must conduct itself to a standard consistent with FOIP in relation to such Materials; and

(e) For the records and information obtained or possessed by the Proponent in connection with or pursuant to the RFP or the Contract, and which are in the custody or control of the Province, the Proponent must conduct itself to a standard consistent with FOIP when providing the services or carrying out the duties or other obligations of the Proponent under the RFP or the Contract.

6.2.4.2 Start of Services

Prior to the start of the Services by the Contractor, the Proponent must provide a detailed plan describing the security measures to be implemented to ensure the protection of personal privacy and to ensure that only those employees, subcontractors and agents of the Proponent who are required to have access to, or to collect, Personal Information for the purposes of providing the Services and Materials required under the Contract, are permitted access to that Personal Information. The plan shall address the following requirements, as appropriate for the Proposal:

(a) Manner of collection;

(b) Notification of collection purposes;

(c) Assurance of accuracy;

(d) Plans and Controls over data matching and linkage;

(e) Controls over uses and consistent uses;

(f) Controls over disclosure of Personal Information;

(g) Provision for retention and disposal of Personal Information;

(h) Protection of Personal Information from unauthorized access, and

(i) Collection, use, disclosure or disposal.

6.2.4.3 Collection of Personal Information

The purpose for collecting Personal Information for the RFP is to enable the Province to ensure the accuracy and reliability of the information, to evaluate the Proposal, and for other related program purposes of the Province. Authority for this collection is the

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Government Organization Act, as amended from time to time. The Proponent may contact the Contracting Manager identified in the RFP regarding any questions about collection of information pursuant to the RFP.

6.2.5 Lobbyist Act

The Proponent acknowledges that:

(a) the Lobbyists Act establishes certain obligations and prohibitions with respect to lobbying and contracts for paid advice, as those terms are defined in the Lobbyists Act; and

(b) it is responsible for complying with the Lobbyists Act during the RFP process, and if the Contractor, during the Contract.

6.2.6 Canadian Free Trade Agreement

The RFP is subject to Chapter 5 of the Canadian Free Trade Agreement.

6.2.7 Conflict of Interest

Proponents must fully disclose, in writing to the Contracting Manager on or before the Closing Date of the RFP, the circumstances of any possible conflict of interest or what could be perceived as a possible conflict of interest if the Proponent were to become a contracting party pursuant to the RFP. Procurement Services shall review any submissions by Proponents under this provision and may reject any Proposals where, in the opinion of Procurement Services, the Proponent could be in a conflict of interest or could be perceived to be in a possible conflict of interest position if the Proponent were to become a contracting party pursuant to the RFP.

6.2.8 Proponent Expenses

The Proponent is responsible for all costs of preparing and presenting its Proposal and, if applicable, Contract Finalization.

6.2.9 Period of Commitment

Proposals shall be final and binding on the Proponent for 120 days from the RFP’s Closing Date and time.

6.2.10 Multiple Proposals

If multiple Proposals are offered, the Proponent must submit each Proposal separately in the same format as outlined in the RFP. Proposals must meet the fundamental intent of the RFP. The acceptability of each Proposal will be decided by the Evaluation team.

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6.2.11 Pricing

Proponents should propose in Canadian funds. Where applicable, Proposals in U.S. funds will be converted to Canadian funds by Procurement Services and evaluated on the converted amount. This conversion will be based on the daily noon rates appearing on the Bank of Canada’s website http://www.bankofcanada.ca/fmd/exchange.html on the RFP closing date. The Contract will be issued in Canadian funds in the amount converted, as of the RFP Closing Date, from the amount proposed in US funds. Payment will be made in Canadian funds. If all compliant Proposals received are quoted in US funds, the Contract will be issued and payments made in US funds.”

6.2.12 Waiver

Proponents shall not have any claim for compensation of any kind as a result of participating in this RFP’s process, and by submitting a Proposal each Proponent shall be deemed to have waived its right to make a claim.

6.2.13 Irrevocability of Proposals

Proponents may amend or rescind their Proposal prior to the RFP Closing Date and time by submitting a clear and detailed written notice to Procurement Services in accordance with section 6.2.15(c). Subject to section 6.2.9, all Proposals become irrevocable after the RFP Closing Date and time.

In either of the following circumstances:(a) The Proponent has rescinded a Proposal prior to the RFP Closing Date and time; or

(b) Procurement Services has received the Proposal after the RFP Closing Date and time;

Such Proposal will, at the Proponent’s choice, either be returned to the Proponent at the Proponent’s expense after the RFP Closing Date and time, or destroyed by Procurement Services after the RFP Closing Date and time.

6.2.14 RFP Closing

The RFP will close at 14:00:59 Alberta Time on the RFP Closing Date. Proposals shall be received by Procurement Services before 14:01:00 Alberta Time on the RFP Closing Date. For RFP closing purposes, the official time of receipt of Proposals shall be as determined by the time recorder clock used to time and date stamp Proposals upon submission to Procurement Services.

6.2.15 Proposal Submissions

Proponents must deliver their Proposals in hardcopy format i.e. paper. Facsimile or digital Proposals in any form (e.g. diskette files, disk files, tape files, e-mailed files) will not be

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accepted as the Proponent's Proposal. However, to assist the Evaluation team to perform searches within the Proposal, Proponents are requested to provide an electronic copy of the Proposal (in Microsoft Office format on USB flash drive) for the Evaluation team's convenience. This electronic copy, when provided, will not be accepted in place of the required hardcopy version. If there are any conflicts, discrepancies, errors or omissions between the electronic and hardcopy versions of the Proposal, the hardcopy version will take precedence and govern.

Proposals may be delivered by hand, courier or mail.

Proponents should be aware that Canada Post only delivers Government of Alberta mail with Edmonton addresses to the main Canada Post depot in Edmonton. The Government of Alberta then picks up the mail and distributes it in accordance with the address label. Proponents should consider the above when choosing the method of delivery for their Proposal as it is the Proponent’s responsibility to ensure its Proposal is received before the RFP Closing Date and time at the location specified in the RFP.

In responding to this RFP, your attention is drawn to the following:

(a) Proposals received after the RFP’s Closing Date and time will be rejected;

(b) Ambiguous, unclear or unreadable Proposals may be cause for rejection;

(c) Proposals must be sealed and clearly marked with the RFP’s number and RFP Closing Date and should be addressed as follows:

Contracted Services SectionProcurement ServicesService AlbertaSeventh Street Plaza, South Tower9th Floor, 10030-107 Street Edmonton, Alberta T5J 3E4Attention: Michelle WatsonRFP Number: 022PA-316Closing Date and Time: 14:00:59 Alberta Time, September 6, 2017; and

(d) Proponents must submit one (1) unbound and six (6) bound copies of the Proposal. The copies should be bound in such a manner that the pages lie and remain flat when opened. If there are any conflicts, discrepancies, errors or omissions between the copies and the original, the original version will take precedence and govern.

6.2.16 Consent to Use of Information

The Proponent consents, and has obtained the written consent from any individuals identified in the Proposal, to the use of their Personal Information in the Proposal by the Province, the Province’s employees, subcontractors and agents, to enable the Province to evaluate the

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Proposal and for other program purposes of the Province. This consent specifies to whom the Personal Information can be disclosed and how the information may be used. The Proponent shall provide such consents to the Province for confirmation and review upon the Province’s request.

6.2.17 Proposal Public Opening

Proposals will be opened publicly at Procurement Services, South Tower, 9th Floor, 10030-107 Street, Edmonton, Alberta immediately following RFP closing.

6.2.18 Recapitulation of Proposals

Procurement Services reserves the right to publish the names of responding Proponents and any summary cost information deemed appropriate by Procurement Services.

6.2.19 Proposal Return

Proposals and accompanying documentation, upon receipt by Procurement Services, will become the property of and will be retained by the Province, subject to section 6.2.13.

6.2.20 Proposal Irregularity or Non-Compliance

The Province reserves the right to waive an irregularity or non-compliance with the requirements of the RFP where the irregularity or non-compliance is minor or inconsequential. The determination of what is or is not a minor or inconsequential irregularity or non-compliance, and the determination of whether to waive or not waive the irregularity or non-compliance, shall be at the Province’s sole discretion.

6.2.21 Modified RFP Process

In the event no compliant Proposals are submitted in response to the RFP, the Province reserves the right to undertake a Modified RFP Process in order to facilitate the selection of a preferred Proponent. The Modified RFP Process, if employed, will be conducted as follows:

(a) All Proponents submitting non-compliant Proposals, other than those who submitted Proposals after the RFP Closing Date and Time, will be requested to prepare a “Modified RFP Process Proposal”. The necessity, scope and the timing of such a Modified RFP Process will be at the Province’s discretion;

(b) Details regarding the manner and form of the Modified RFP Process and the expected deliverables to be included therein will be provided in advance to all Proponents who submitted a non-compliant Proposal;

(c) Modified RFP Process Proposals and accompanying documentation, upon receipt by Procurement Services, will become the property of and be retained by the Province;

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(d) Proponents submitting Modified RFP Process Proposals must meet the fundamental intent of the requirements identified in the Modified RFP Process. The acceptability of any proposed alternative will be determined by the Evaluation team; and

(e) At the conclusion of the Modified RFP Process, following the Proponents’ submission of the Modified RFP Process Proposals, the Evaluation team will evaluate in accordance with an evaluation plan developed for the Modified RFP Process Proposal and may select the preferred Proponent, if any.

6.2.22 Proposal Rejection

Procurement Services may reject the lowest cost Proposal, or any or all Proposals.

6.2.23 Proponent Debriefing

Procurement Services will, at the written request of an unsuccessful Proponent who responded to the RFP, conduct a debriefing for the purpose of informing the Proponent as to why their Proposal was not selected. The unsuccessful Proponent written request for a debriefing must be received by Procurement Services within ten (10) Business Days of notification to the Proponent that they are unsuccessful.

6.2.24 The Proponent, if other than the Manufacturer, must:

(a) be a Canadian Distributor or Authorized Reseller for the Software prior to the RFP closing date and time and, upon request, provide written confirmation to the Contracting Manager of such authorization from the Manufacturer; and

(b) upon request, provide written confirmation to the Contracting Manager from the Manufacturer that all rights granted in relation to the Software are agreed to by the Manufacturer.

6.2.25 Software Availability

Software that has not commenced in the Production Environment or is not commercially available as of the RFP closing date, or has been or is scheduled to be discontinued or replaced with new versions, may be rejected by Procurement Services.

6.3 Proposal Evaluation

6.3.1 Evaluation Sequence and Process

6.3.1.1 Evaluation Process

The Evaluation team will evaluate Proposals in the sequence identified below.

During the evaluation process, Proponents may be required to provide additional information to clarify statements made in their Proposals.

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Each Proposal shall be evaluated separately against the RFP’s requirements.

6.3.1.2 Evaluation Sequence

(a) Mandatory RFP Requirements

Proponents must provide sufficient detail in their Proposal to substantiate compliance with the RFP’s mandatory requirements. In addition, Proponents must provide cross references to any parts of the Proposal that contain information that they wish to be considered in the evaluation of any given requirement.

(b) Rated Criteria

The Evaluation team will further evaluate Proposals against the evaluation criteria in the RFP.

Subject to the requirements of FOIP, such ratings shall be confidential, and no totals or scores of such ratings shall be released to any party.

(c) Shortlisting

A shortlist of Proponents may be established. Shortlisted Proponents may be requested to make formal presentations of their Proposal to the Evaluation Team. The formal presentation of the Proposal may include a demonstration of the proposed software. The software used for this demonstration must be identical in its name and version to the one in the Proposal. Key Proponent management and technical personnel will be expected to participate in the presentations. These presentations will be made at no cost to the Province.

6.3.2 Resource Replacement

Resource replacement is not encouraged, however, there could be circumstances following the RFP Closing Date and prior to Contract execution that a Proponent may request that a proposed resource be replaced. Any proposed resource replacement must have, in the opinion of the Province, equivalent or better qualifications than the originally proposed resource. Proponents will not receive additional credit in the evaluation process if the qualifications of the replacement resource exceed those of the original resource. The Province reserves the right to deny any request for replacement and reject any proposed replacement.

6.4 Contract

6.4.1 Contract Finalization

The Contract to be entered into shall be finalized with the Proponent by the Province and shall contain the terms and conditions specified in the RFP.

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If, in the opinion of the Province, it appears that a Contract may not be finalized with the preferred Proponent within thirty (30) days, Procurement Services may contract with other Proponents submitting responsive Proposals.

6.4.2 Order of Precedence

The RFP and the Proposal shall form part of the Contract. In the case of conflicts, discrepancies, errors or omissions among the RFP, the Proposal, and the main body of the Contract, the documents and amendments to them shall take precedence and govern in the following order:

(a) Main body of the Contract;

(b) RFP; and

(c) Proposal

6.4.3 Contractual Warranties

Claims made in the Proposal shall constitute contractual warranties. Any provisions in the Proposal may be included in the main body of the Contract.

6.4.4 Standards of Care

The Proponent shall perform the Services with reasonable skill, care and diligence and in accordance with the standard of care practiced by leading national and international suppliers of services similar to, or the same as, the Services described in the Contract.

6.4.5 Proponent Team Proposals

In the case of Proponent Team Proposals the Prime Proponent is responsible for all acts, omissions, errors and performance under the Contract.

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Appendix A Standard Contract Provisions

APPENDIX ASTANDARD CONTRACT PROVISIONS

Her Majesty has identified the following contract provisions as “mandatory”:

3.0 Warranty5.0 Rights in Relation to the Software7.0 Electronically Stored Information 9.0 Third Party Claims10.0 Intellectual Property11.0 Responsibility and Liability12.0 Confidentiality13.0 Safety and Security14.0 Insurance16.0 Statutory Compliance18.0 Assignment20.0 Conflict of Interest21.0 Time is of the Essence23.0 Records24.0 Personnel Replacement25.0 Records of Personal Information26.0 Independent Contractor

The Proposal should include an explicit response to each of the mandatory provisions of the Contract by indicating either:

“Met” - means that the Proponent accepts the provision exactly as drafted.

“Not Met: - means that the Proponent does not accept the provision exactly as drafted. If the Proponent does not accept a Contract provision exactly as drafted, and responds with “Not Met”, the Proponent must provide in their Proposal the Proponent’s final position on the provision i.e. the wording that the Proponent requires for the Proponent to enter into a contract. Her Majesty will deem any alternative wording, including suggested, recommended, or proposed wording, as reflecting the Proponent’s final position on the provision. Alternative wording should be considered carefully since alternative wording for mandatory contract provisions not meeting the fundamental intent of the provision will result in rejection of the Proposal. Her Majesty will determine whether the alternative wording meets the fundamental intent of the provision. A lack of response will be deemed as acceptance of the provision exactly as drafted.

The Proposal should include an explicit response to each of the desirable Contract provisions by indicating either:

“Met” - means that the Proponent accepts the provision exactly as drafted.

“Not Met” - means that the Proponent does not accept the provision exactly as drafted. If the Proponent does not accept a Contract provision exactly as drafted, the appropriate

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response is “Not Met” and the Proponent should provide in their Proposal the Proponent’s position on the provision, i.e. the wording that the Proponent prefers to be included in the Contract.

If the Proponent responds “Not Met” to any of the following provisions, the Proponent should include their rationale for any suggested wording including an explanation as to how the proposed wording is beneficial to the parties.

Where the Proponent does not provide a response of “Met” or “Not Met” to a Contract provision, the Proponent by submitting a Proposal will be deemed to have accepted the Contract provision.

The Proponent’s explicit response to each of the Contract provisions will be considered in the evaluation of the Proposal. The balance of the Contract will be finalized between the preferred Proponent and the Province.

1.0 Term

The Contractor shall begin performing the Services and delivering the Materials on _____, 201_, and shall complete the performance of the Services and delivery of the Materials on or before _____, 201_.

2.0 Payment

2.1 The Province agrees to pay the Contractor up to a maximum sum of $_________ to perform the Services and deliver the Materials including all expenses incurred under this Contract. The Contractor shall not be paid for the Goods and Services Tax (“GST”) or the Harmonized Sales Tax (“HST”). The Contractor shall be paid:

a) the amounts as set out in Schedule A for completion of the Services and/or delivery of the Materials in accordance with the provisions of this Contract; and

b) upon submitting an invoice and other supporting documentation which may be required by the Province describing the Services and Materials for which payment is claimed.

2.2 The Province shall pay the Contractor within thirty (30) days of receipt of an invoice provided the requirements of clause 2.1 have been met.

2.3 The Province may deduct from all payments to the Contractor such amounts as required by the Income Tax Act (Canada), as amended, revised or substituted from time to time.

2.4 Despite anything in this Contract, the Province may holdback fifteen (15) percent of any payments due under this Contract to ensure the Services are performed, and Materials delivered in accordance with the provisions of this Contract.

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2.5 The Province shall pay to the Contractor upon completion of the Warranty Period for the Solution, any amount held back by the Province under clause 2.3, if the Services and Materials are in accordance with the provisions of this Contract.

3.0 Warranty

3.1 The Contractor warrants that the Software/Solution will be free of defects in workmanship and materials for a period of time consistent with industry standards and the nature of the Software (“Warranty Period”).

3.2 The Contractor warrants that the Software/Solution will perform in accordance with the Contractor’s representations as stated in the Contract.

3.3 The Warranty Period for the Software/Solution will commence when the Department has placed its Software/Solution in the Production Environment (subsequent to successful completion of Acceptance Testing) at the Department.

3.4 If the Software/Solution does not perform in accordance with the Contract during the Warranty Period, then the Contractor shall take such steps as necessary to repair or replace the Software/Solution. Such warranty service shall be provided at the Contractor’s expense and shall include all media, parts, labour, freight and insurance to and from the Department’s site.

3.5 Warranty service may be provided by a third party, provided such third party is authorized to perform warranty service by the Contractor or, if the Contractor is not the Manufacturer, by the Manufacturer prior to the RFP closing date and time.

3.6 If any defect in the Software/Solution is not rectified by the Contractor before the end of

the Warranty Period, the Warranty Period shall be extended until, in the opinion of the Province:

a) the defect has been corrected; and b) the Software/Solution functions in accordance with the Contract for a

reasonable period of time.

3.7 Despite any other provision, the Province, at the Province’s option, may return a defective Software/Solution to the Contractor within ten (10) days of delivery of the Software/Solution and the Contractor shall immediately provide full exchange or refund. For the purpose of this section, “defective Solution” includes, but is not limited to:

a) broken seals;b) missing items; andc) Software that is not the most current version at the time of shipping.

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3.8 The Contractor shall provide, after the warranty commences for all Software/Solution components, telephone support to the Province during Business Days for assistance with the operation of the Software/Solution.

3.9 If the Contractor is not the Manufacturer of certain components of the Software/Solution, then the Contractor shall disclose the Manufacturer’s warranty for such components to the Province and, in the event such warranty exceeds the Contractor’s warranty under this Contract in any respect, shall ensure that the Province will receive the benefit of the Manufacturer’s warranty.

4.0 Acceptance Testing

4.1 The Province will conduct Acceptance Testing of the Solution subsequent to Contractor installation of all components of the Software/Solution. The period of Acceptance Testing shall not exceed ninety (90) Business Days.

4.2 The Contractor will have a remedy period of twenty (20) Business Days from the end of Acceptance Testing to correct any and all defects identified during Acceptance Testing. At the end of Acceptance Testing or the remedy period, whichever is later, the Province reserves the right to reject the Software/Solution if the Software/Solution does not operate in accordance with this Contract.

4.3 If the Solution is rejected by the Province during the testing period:

a) the Province will, at the Contractor’s expense and risk, either hold the Software for disposition by the Contractor or return the Software/Solution to the Contractor; and

b) the Contractor shall immediately, at the Province’s option, either replace the Software/Solution or, if applicable, refund to the Province all monies paid.

5.0 Rights in Relation to the Software

5.1 If the Contractor is not the Manufacturer of components of the Software/Solution, then the Contractor shall provide the Province, within 10 days of a request by the Province, with written authorization from the Manufacturer confirming that all rights specified in this Contract in relation to those components of the Software/Solution are agreed to by the Manufacturer.

6.0 Title and License

6.1 Title to the Software shall remain with the Contractor or to the party that is authorized to provide the rights in relation to the Software. Subject to the terms and conditions of any license agreement between the parties, the Contractor grants a license to the Province to use, execute, reproduce, display, and perform the Software, Software upgrades and any user documentation provided for the Solution.

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6.2 In order to accommodate evolving roles and responsibilities of the Province, the Contractor shall, upon request of the Province permit, the Province to purchase additional licenses for additional users and sites based on the prices set out in Schedule A with any such additional licenses to be subject to the terms and conditions of this Contract.

7.0 Electronically Stored Information

7.1 Electronically Stored Information is owned by and remains under the control of the Province. The Province’s access to the Electronically Stored Information shall not be qualified or limited by the Contractor.

7.2 The Contractor must comply with any directions of the Province with respect to the preservation and production of the Electronically Stored Information.

7.3 Unless expressly permitted by prior written consent of the Province, the Contractor and its employees, subcontractors and agents are only permitted to use, reuse, distribute, transmit, manipulate, copy, modify, access, or disclose the Electronically Stored Information to the extent necessary for the Contractor to perform the Services, and implement and maintain the Solution as set forth in the Contract.

7.4 In the event of any actual or suspected, use or disclosure of any Electronically Stored Information not authorized under the Contract (the “Security Incident”), the Contractor must:

upon identification of a Security Incident, inform the Province of the Security Breach; and

within 24 hours of the Security Incident, provide a report to the Province that identifies the (i) the nature of the unauthorized use or disclosure, (ii) the Electronically Stored Information used or disclosed, (iii) the party that made the unauthorized use or received the unauthorized disclosure, (iv) what the Contractor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action the Contractor has taken or shall take to prevent future similar unauthorized use or disclosure.

7.5 The Contractor must comply with all applicable laws that require the notification of individuals in the event of unauthorized release of personal information or other event requiring notification. In the event of a breach of any of the Contractor’s security obligations or other event requiring notification under applicable law, the Contractor must assume responsibility for informing all such individuals in accordance with applicable law and to indemnify, hold harmless and defend the Province and its trustees, officers, and employees from and against any claims, damages, or other harm related to such notification event.

7.6 At the Province’s sole discretion and its own expense, the Province or any party designated by the Province, may audit and inspect any process, service, hardware, or

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facility of the Contractor involved in the provision of the Solution, and the handling or storage of the Electronically Stored Information. The Contractor shall:

provide any requested information or records relating to the provision of the Services under the Contract;

ensure that the Contractor provides any information or records requested by the Province relating to the handling or storage of the Electronically Stored Information; and

ensure that the Contractor allows for the inspection of the data Centre by the Province or any party designated by the Province.

8.0 Governing Laws

8.1 The Contract shall be interpreted and applied in the courts, and according to the laws in force, in the Province of Alberta.

9.0 Third Party Claims

9.1 Each party shall indemnify and hold harmless the other, its employees and agents against and from any and all third party claims, demands, actions or costs (including legal costs on a solicitor-client basis) to the extent arising from

a) that party’s breach of this Contract, orb) the negligence, other tortious act or willful misconduct of that party, or those

for whom it is legally responsible, in relation to the performance of its obligations under this Contract.

9.2 Despite clause 9.1, where loss or damage is directly related to the Materials provided by or through the Contractor, the Contractor’s liability shall not extend to loss or damage arising out of:

a) modifications made to the Materials by the Province;b) the Contractor having been required to conform to all or part of specific

product designs of the Province;c) the use by the Province of the Materials with programs, hardware or software

supplied by other parties, unless the Contractor has represented to the Province that the Materials are designated for use with such other programs, hardware or software;

d) use of the Materials by the Province in a manner contrary to the Contractor’s specifications and/or documentation provided by or through the Contractor and accepted by the Province;

e) use of the Materials by the Province on any hardware for which the Software/Solution was not designed; or

f) the Province not using corrections to the Materials made known and available by the Contractor. This exception only applies if the corrections made known and available by the Contractor do not diminish the Material’s performance or functions as required by this Contract.

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9.3 Despite clause 9.1, where loss or damage is directly related to the Materials provided by or through the Province under this Contract, the Province’s liability shall not extend to loss or damage arising out of:

a) modifications made to the Materials by the Contractor;b) the use by the Contractor of the Materials with programs, hardware or

software supplied by other parties, unless the Province has represented to the Contractor that the Materials are designated for use with such other programs, hardware or software;

c) use of the Materials by the Contractor in a manner contrary to the Province’s specifications and/or documentation provided by or through the Province and accepted by the Contractor;

d) use of the Materials by the Contractor on any hardware for which the software was not designed; or

e) the Contractor not using corrections to the Materials made known and available by the Province. This exception only applies if the corrections made known and available by the Province do not diminish the Material’s performance or functions as required by this Contract.

9.4 The party claimed against or sued by a third party must notify the other in writing of a claim or suit promptly and provide reasonable cooperation, at the responsible party’s expense. Neither party shall have any obligation under any settlement made without its written consent.

10.0 Intellectual Property

10.1 (a) Subject to clause 10.1(c) below, if a third party claims that any Materials delivered to the Province by the Contractor, the Contractor’s subcontractors or agents under this Contract infringes any copyright, patent, trade secret, industrial design, trade mark or any other proprietary right enforceable in Canada, the Contractor will defend the Province against that claim at the Contractor’s expense. In this regard, the Contractor will pay all costs, damages and legal fees that a court finally awards or are included in a settlement agreed to by the Contractor, provided that the Province:

(i) promptly notifies the Contractor in writing of the claim; and(ii) cooperates with the Contractor, and allows the Contractor to control, with

the Province’s participation, the defense and any related settlement negotiations.

(b) If such a claim is made or appears likely to be made under clause 10.1(a), the Province agrees to permit the Contractor to enable the Province, at the Contractor’s cost and with the Province’s agreement, to continue to use the Materials or to provide the Province with a non-infringing replacement or modification which meets the specifications and functionality required for the Materials in this Contract. If the Contractor determines that none of these alternatives is reasonably available, the Province shall return the Materials to the

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Contractor on the Contractor’s written request and the Contractor shall pay the Province, upon the Province’s return of the Materials, the remaining unamortized amount based on a seven-year straight line amortization schedule.

(c) The Contractor has no obligation regarding any claim based upon any of the following:

(i) the Province’s modification of the Materials or use of Software Materials in other than the operating environment specified for the Software;

(ii) the combination, operation or use of the Materials with any programs, hardware or software that the Contractor did not provide, unless the Contractor has specifically approved of the other programs, hardware or software for such combination, operation or use;

(iii) compliance with the Province’s written requirements for the Materials and which the Contractor has advised the Province in writing with reasons that clause 10.1(a) will not apply with the Province’s written requirement; or

(iv) infringement by anything provided first by the Province for use in creating the Materials.

(d) If a third party claims that the Materials delivered by the Contractor, the Contractor’s subcontractors or agents infringes any copyright, patent, trade secret, industrial design, trade mark or any other proprietary right enforceable in Canada and the alleged infringement is based upon:

(i) compliance with the Province’s written requirements for such Materials and which the Contractor has advised the Province in writing with reasons that clause 10.1(a) will not apply with the Province’s written requirement; or

(ii) anything provided first by the Province for use in creating such Materials

then the Province will defend the Contractor against the claim at the Province’s expense. In this regard, the Province will pay all costs, damages and legal fees that a court finally awards or are included in a settlement agreed to by the Province, provided that the Contractor promptly notifies the Province in writing of the claim and cooperates with the Province in, and allows the Province to control, with the Contractor’s participation, the defense and any related settlement negotiations.

(e) If a claim described in clause 10.1(d) is made or appears likely to be made, the Contractor agrees to permit the Province, at the Province’s cost, to continue to use such Materials or to modify or replace it. If the Province determines that none of these options are reasonably available, the Contractor agrees to return such Materials to the Province on the Province’s written request.

(f) The Province has no obligation regarding any claim based on any of the following:

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(i) the Contractor’s modification of the Materials or use of software Materials in other than the operating environment specified for the software;

(ii) the combination, operation or use of the Materials with any programs, hardware or software that the Province did not provide, unless the Province has specifically approved of the other programs, hardware, or software for such combination, operation or use;

(iii) compliance with the Contractor’s written requirements for the Materials; or

(iv) infringement by anything provided first by the Contractor for use in creating the Materials, except to the extent such infringement arises from compliance with the Province’s requirements for the Materials and which the Contractor has advised the Province in writing with reasons that clause 10.1(a) will not apply with the Province’s written requirement.

(g) The party claimed against or sued by a third party must notify the other in writing of a claim or suit promptly and provide reasonable cooperation, at the responsible party’s expense. Neither party shall have any obligation under any settlement made without its written consent.

11.0 Responsibility and Liability

11.1 The Contractor shall be responsible for loss or damage to the real or tangible personal property of the Province where the Contractor is legally responsible, including negligence, or willful harm of the Contractor, its employees, subcontractors or agents.

11.2 The Contractor shall be responsible for any and all financial losses suffered by the Province where the Contractor is legally responsible including negligence or willful acts of the Contractor, the Contractor’s employees, subcontractors or agents.

11.3 The Contractor’s liability for financial losses as described in clause 11.2 shall be limited to $500,000.00 per claim and up to an aggregate of $1,000,000.00 for this Contract.

11.4 The Contractor shall not be liable for loss of, or damage to the Province’s electronic records or data, except if the Contractor causes the loss of or damage to the back-up electronic records or data. It is understood that the Province has established back-up procedures for minimizing or avoiding the loss or damage to its electronic records or data through separate business recovery services outside this Contract.

11.5 Subject to clauses 9, 10, 11.1, 11.2, and 11.3, neither the Province nor the Contractor shall be liable to the other in connection with any claim for any special, incidental, indirect or consequential loss or damages.

12.0 Confidentiality

12.1 (a) The Contractor, its employees, agents and subcontractors shall neither disclose nor authorize nor permit disclosure to any person or corporation now, or at any time in the future, any information or documents of any kind or other matter or

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thing which comes to its knowledge or into its possession by reason of this Contract (“Confidential Information”), and shall retain all Confidential Information as confidential.

(b) The Contractor may disclose Confidential Information to:

(i) employees of the Contractor who have a need to know; (ii) agents and subcontractors who have a need to know provided that the

Contractor has a confidentiality agreement with the agent or permitted subcontractor containing terms substantially similar to this Contract ; and

(iii) any other person with prior written authorization from the Province.

(c) The Contractor shall ensure that such employees, agents and subcontractors will comply with the terms of this Contract and the Contractor shall be responsible for any breach of the terms of this Contract by them.

(d) Notwithstanding clause 12.1(a), the Contractor’s obligations of confidentiality hereunder do not include information or documents which: (i) are or become publicly known or available through no wrongful act of the Contractor, its employees, agents or subcontractors; (ii) are independently developed without benefit of the Confidential Information; or (iii) are received by or from a third party without restriction and without a breach of an obligation of confidentiality. Confidential Information may be disclosed to the extent required by law or court order, provided that the Province is given reasonable notice and opportunity to seek to prevent or limit its disclosure.

(e) The Contractor shall immediately notify the Province of any actual or potential loss, unauthorized disclosure, access or use of Confidential Information, or any other breach or potential breach of this clause 12. Further, the Contractor shall provide commercially reasonable assistance to the Province to regain possession of the Confidential Information and to prevent further unauthorized disclosure, access or use.

12.2 Without limiting the generality of clause 12.1 the Contractor acknowledges and agrees that, with respect to any “personal information” as defined in Alberta’s Freedom of Information and Protection of Privacy Act (“FOIPP”), or “health information” as defined in Alberta’s Health Information Act (“HIA”), that is obtained, generated, collected or provided under or pursuant to this Contract (collectively referred to as the “Personal Information”):

(a) the Contractor is an “affiliate” with respect to “health information” as those terms are defined in HIA and an “employee” as that term is defined in FOIPP;

(b) the Contractor shall ensure that no Personal Information is collected unless such collection is expressly authorized by the Province in writing in advance of any collection taking place;

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(c) the Contractor shall use the Personal Information only for the purposes contemplated by this Contract;

(d) the Contractor shall cause its employees, agents or subcontractors to use the Personal Information solely for the purposes of this Contract and shall limit access to the Personal Information to only those employees, agents and subcontractors who have a need to know. The Contractor further agrees to be fully and solely responsible for the actions of its employees, agents and subcontractors with respect to the collection, storage, use or disclosure of the Personal Information;

(e) the Contractor shall protect the Personal Information against such risks as unauthorized access, use, disclosure, destruction or alteration and shall provide the Province with any information regarding such security measures that the Province may require to verify obligations under HIA and FOIPP are being fulfilled by the Contractor;

(f) the Contractor shall return to the Province or destroy, in accordance with instructions provided by the Province, any Personal Information upon expiry or termination of this Contract;

(g) the Contractor is not permitted to take, store, use or disclose Personal Information outside Alberta;

(h) the Contractor agrees to act on any direction that the Province may provide with regard to the use, collection, access, security and disclosure of Personal Information; and

(i) the Contractor shall immediately advise the Province of any actual or potential breach of HIA or FOIPP by the Contractor, its employees, agents or subcontractors upon the Contractor becoming aware of such actual or potential breach.

13 Safety and Security

13.1(a) The Contractor, its employees, subcontractors, and agents when using any

Alberta Government buildings, premises, hardware and software shall comply with all safety and security policies, regulations and directives relating to those buildings, premises, hardware and software.

(b) The Contractor shall ensure that, from the Effective Date, the security access procedures will be maintained or improved from Province’s access procedures in place at the Effective Date.

(c) The Contractor shall be responsible for such security access procedures, including at any off-site facility. Despite any other provision of this Contract, until such

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time that the Contractor has complete control over and responsibility for the security access procedures to Province’s data and/or Records, the Contractor shall not:

(i) derogate from Province’s security access procedures in place as of the Effective Date; and

(ii) be responsible and liable for breaches of confidentiality or degradation of Province’s data, which have been caused by the Contractor or Contractor Personnel.

14.0 Insurance

14.1 The Contractor shall, at its own expense, in accordance with the Insurance Act of Alberta and without limiting its liabilities under this Contract, insure its operations under a contract of General Liability Insurance in an amount not less than $2,000,000.00 inclusive per occurrence, insuring against bodily injury, personal injury, and property damage including loss of use thereof.

14.2 The Contractor shall maintain automobile liability insurance on all vehicles owned, operated or licensed in the name of the Contractor in an amount not less than $2,000,000.00.

14.3 The Contractor shall maintain errors and omissions insurance in an amount not less that $1,000,000 per claim resulting from errors and omissions in the performance of its professional services under this Contract. Such insurance is required to remain in place for a period of 12 months following the completion or termination of this Contract. Such insurance shall include copyright infringement coverage.

14.4 The Contractor shall provide the Province with acceptable evidence of insurance, in the form of a detailed certificate of insurance, prior to commencing the Services.

14.5 All required insurance shall be endorsed to provide the Province with 30 days advance written notice of cancellation or material change restricting coverage.

14.6 The Contractor shall comply with the Workers’ Compensation Act of Alberta, when the Act applies, and shall upon demand by the Province, deliver to the Province a certificate from the Workers’ Compensation Board showing that the Contractor is registered and in good standing with the Board.

15.0 Outsourcing

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15.1 Despite any other term or condition in the Contract, the Province may transfer to a third party who is under contract to the Province, a copy of and the right to use the Software/Solution acquired as part of the Contract including, if applicable, the source code, proprietary tools and all related documentation, for the third party’s use in performing duties and tasks on behalf of the Province. If the Software/Solution is transferred from the Province to a third party in accordance with the terms and conditions of the Contract:

a) the Contractor shall not require the third party to pay any additional monies to the Contractor for the provision of and the right to use the Software/Solution during the period the Province has the right to use the Software/Solution, provided the Province has paid all applicable fees as of the date of the transfer;

b) the Contractor shall provide to the third party the Software/Solution to be provided to the Province under the Contract, including service, maintenance, support and upgrades on the same terms and conditions as stated in the Contract;

c) the Province shall not be responsible to the Contractor for any fees from the date the Software/Solution is transferred to the third party; and

d) the Province shall contract with the third party to:

(i) restrict use of the Software/Solution in accordance with the terms and conditions of the Contract,

(ii) require that the third party, its employees, subcontractors and agents comply with the confidentiality terms and conditions of the Contract, and

(iii) make payments to the Contractor for all fees, in accordance with the terms and conditions of the Contract, including maintenance and upgrades, if applicable, that relate to the Software/Solution from the date the Software/Solution is transferred to the third party.

In the event that the contractual relationship between the Province and the third party expires or is terminated, the third party’s rights to the Software/Solution are terminated and all rights provided in the Contract in relation to the Software/Solution are transferred back to the Province.

15.2 The Government of Alberta is considering a cross-government initiative that would introduce a new structure for the delivery of government ICT services. This initiative would establish a relationship with an ICT Service Coordinator who would assume responsibility for overall coordination of ICT infrastructure and application maintenance services for the Government of Alberta. Clause 18.2 contains a provision that allows the Province to assign any part or this entire Contract to a third party.

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16.0 Statutory Compliance

16.1 The Contractor shall:

(a) Comply with the provisions of all laws, now in force or in force after the signing of this Contract, that expressly or by implication apply to the Contractor in performing the Services; and

(b) Pay, when due, all taxes, rates, duties, assessments and license fees that may be levied, rated, charged or assessed upon the Contractor in performing the Services

17.0 Survival of Terms

17.1 Despite any other term or condition of the Contract, those clauses which by their nature continue after the conclusion or termination of the Contract shall continue after such conclusion or termination, including:

a) Clause 6 Title and License;b) Clause 7 Source Code;c) Clause 9 Third Party Claims;d) Clause 10 Intellectual Propertye) Clause 11 Responsibility and Liabilityf) Clause 12 Confidentiality; andg) Clause 15 Outsourcing.

17.2 In the case of conflicts, discrepancies, errors or omissions among the Request for Proposals, Proposal, this document and any amendments; the documents and amendments to them shall take precedence and govern in the following order:

(a) this document(b) Request for Proposals(c) Proposal

18.0 Assignment

18.1 The Contractor shall not assign, subcontract other than as identified in the Proposal or otherwise dispose of any of its rights, obligations or interests in the Contract, without first obtaining the written approval of the Province, which approval shall not be unreasonably withheld. Should the Province consent to subcontracting, the Contractor shall remain solely responsible for its obligations under the Contract.

18.2 (a) The Province may assign any part or this entire Contract upon sixty (60) days notice to the Contractor.

(b) (i) The Contractor consents and has obtained, and will during this Contract obtain, the consent of all legal entities identified in this Contract (Note:

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this Contract includes the Proposal) to allow the use of such parties’ information in this Contract:

(aa)by third parties which are considering taking an assignment from the Province of any part or this entire Contract to evaluate whether to take such assignment; and

(bb) for the purposes of this Contract if the third party takes such an assignment from the Province.

(ii) The Contractor shall, on request of the Province, provide the Province with a copy of the written consent, as specified above, of all legal entities identified in this Contract.

(iii)The Province shall require such third parties to sign a confidentiality agreement prior to obtaining information in this Contract and which agreement shall require such information be kept confidential other than for the purposes specified in clause 18.2(b)(i).

(c) The consent required under clause 18.2(b) shall be in the following form:

(i) (name legal entity) consents to the use of our information contained in the agreement between (name of Contractor) and Her Majesty the Queen in right of Alberta, as represented by the Province of (name of Department) (“Province”) (“Agreement”) by third parties which are considering taking an assignment from the Province of any part or all of that Agreement.

(ii) Such third parties may only use our information for:

(a) evaluating whether to take an assignment from the Province of any part or all of that Agreement; and

(b) this Contract if the third party take an assignment from the Province of any part or all of that Agreement.

(iii) (name of Contractor) shall provide this consent to the Province upon request of the Province.

(d) The requirement of obtaining consent in clause 18.2(b) does not apply in relation to an individual whose skill summary/resume is contained in this Contract. However the name, business phone number and business addresses (email and street) of such individuals may be provided to third parties.

(e) Subject to the requirements of any Confidentiality Legislation, the Province shall not provide the skill summaries/resumes contained in this Contract to a third party which is considering taking, or who takes, an assignment of any part or this entire Contract.

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19.0 Dispute Resolution

19.1 (a) The parties shall use reasonable effort to resolve any dispute via a meeting between the Province’s representative for this Contract and a representative of the Contractor.

(b) If the parties’ representatives cannot resolve the dispute, the Province or the Province’s representative shall make a decision.

(c) If the Contractor disagrees with the Province’s decision under clause 19.1(b), the Contractor shall have ten (10) days from the date of receipt of the Province’s decision to provide written notice to the Province requiring the matter be submitted for arbitration, or the Contractor shall be deemed to have accepted the Province’s decision. All arbitrations shall be held in Edmonton, Alberta before a single arbitrator to be mutually agreed upon. If the parties cannot agree on an arbitrator within fifteen (15) Business Days of the receipt of the Province’s decision under clause 19.1(b), either party may apply, within twenty (20) Business Days of receipt of the Province’s decision under clause 19.1(b), to a Justice of the Court of Queen’s Bench of Alberta to have an arbitrator appointed. Both parties shall present evidence to the arbitrator within ten (10) Business Days after the appointment of the arbitrator. The decision of the arbitrator shall be issued within thirty (30) days after the arbitrator is appointed. Except as modified in this Contract, the provisions of the Arbitration Act of Alberta, as amended, modified or substituted from time to time shall govern the arbitration process.

(d) Despite any other provision of this Contract, the following matters are excluded from arbitration:

(i) a decision by the Province to allow this Contract to expire;(ii) any claims involving third parties;(iii) intellectual property claims whether initiated by third parties or by the

parties to this Contract; (iv) a decision by the Province not to proceed with a change order or to

terminate a change order; (v) a decision by the Province requiring the Contractor to proceed with a

change order approved by the Province, and(vi) a decision by the Province to terminate this Contract.

20.0 Conflict of Interest and Ethical Conduct

20.1 (a) The Contractor shall ensure that there is not a conflict of interest or an apparent conflict of interest on the part of the Contractor or the Contractor’s employees, subcontractors or agents in relation to the Materials and Services, and all Materials shall be provided and Services shall be performed in accordance with high ethical standards, including without limitation the following:

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(i) the Contractor shall not influence, or seek to influence, or otherwise take part in a decision of the Province knowing that the decision might further the Contractor’s private interests;

(ii) where the Services involve providing advice, making recommendations to the Province or exercising discretionary authority regarding a right, permission, privilege, status, contract or benefit, then such advice, recommendations or discretion must be provided, made or carried out impartially and without bias;

(iii) except for payment as set out in this Contract, the Contractor shall not accept any collateral gift, payment, commission or other direct benefit arising from or connected to the provision of the Materials or performance of the Services;

(iv) the Contractor shall not have any financial interest in the business of a third party that causes, or would appear to cause, a conflict of interest in connection with the provision of the Materials or performance of the Services;

(v) the Contractor, upon request by the Province, shall deliver copies of all written ethical standards, conflict of interest policies and codes of conduct established or observed by the Contractor in its business practices or in relation to its employees or subcontractors; and

(vi) the Contractor shall comply with, and ensure that its employees and subcontractors comply with, the Lobbyists Act of Alberta.

(b) In the event the Contractor becomes aware of any matter that causes or is likely to cause a conflict of interest in relation to the Contractor’s provision of the Materials or performance of the Services, the Contractor shall immediately disclose such matter to the Province in writing. Upon such disclosure, the Contractor shall not commence or continue provision of the Materials or performance of the Services without the prior written consent of the Province. If the Province is of the opinion the Contractor is in a conflict of interest, the Province may terminate this Contract.

21.0 Time is of the Essence

21.1 Time is of the essence of this Contract.

22.0 Status Reporting

22.1 The Contractor shall submit bi-weekly reports to the Delivery Project Manager during the term of this Contract. These status reports shall outline:

(a) baseline for overall Project tasks and timelines;(b) overall summarization of the Project progress;(c) deliverables achieved;(d) deliverables remaining, progress, and expected delivery on each; and(e) issues and concerns affecting specific deliverables and the Project schedule or any

other aspect of the Project.

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23.0 Records


(a) Keep and maintain in accordance with generally accepted accounting principles complete and accurate books, records, and accounts of all costs, expenditures and commitments relating to this Contract and, on demand, provide to the Province these documents to examine, audit and take copies and extracts.

(b) Keep the documents referred to in clause 23.1(a) for 3 years following the completion or termination of this Contract.

24. Personnel Replacement

24.1 All Contractor Personnel will be required to undergo a criminal record check, at no cost to the Province prior to performing the Services. Contractor Personnel that do not have, in the opinion of the Province, satisfactory criminal record checks shall be rejected.

24.2 The Contractor shall not replace any employee, subcontractor or agent identified in the Proposal or add any employee, subcontractor or agent to perform the Services without the prior written approval of the Province, which approval shall not be unreasonably withheld.


(a) remove any employee, subcontractor or agent of the Contractor upon the written request of the Province within the time limit indicated in such request; and

(b) only replace such a removed employee, subcontractor or agent of the Contractor upon getting written approval of the Province, which approval shall not be unreasonably withheld.

25. Records of Personal Information

25.1 The Contractor shall for all records of Personal Information which are disclosed to the Contractor under this Contract, including those records which are collected, used or stored on behalf of the Province, store them only in Alberta.

25.2 Before disclosing to the Province any Personal Information about any individual who is providing or will provide the Services, the Contractor shall obtain the consent of the affected individual. The consent must be in writing; specify to whom the Personal Information can be discloser; and how the Personal Information can be used. The Contractor shall provide such consents to the Province for confirmation and review upon the Province’s request.

26. Independent Contractor

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26.1 The Contractor is an independent contractor for the purposes of this Contract and shall not be deemed to be a servant, employee or agent of the Province.

27. Notices

27.1 Any notice to be made under this Contract shall be deemed given to the other party if in writing and personally delivered; sent by prepaid registered mail; or sent by facsimile transmission; addressed as follows:

The Province:Address:Attention:Fax:

The Contractor:Address:Attention:Fax:

27.2 The address of either party may be changed to any other address in Alberta by notice in writing to the other party. Notice personally served or sent by facsimile transmission shall be deemed received when actually delivered or transmitted, if delivery or transmission is on a Business Day. All notices and payments sent by prepaid registered mail shall be deemed to be received on the fourth Business Day following mailing in any Post Office in Canada, except in the case of postal disruption, then any notice or payment shall be given by telegram, facsimile transmission or personally served.

28.0 Termination

28.1 The Province may immediately terminate this Contract, without cause, upon written notice to the Contractor.

28.2 If this Contract is terminated:

a) Excluding Pre-existing Work, its User Documentation and Proprietary Tools, and Customization which the Contractor incorporates into the Software within the next two releases, all Materials made, prepared, developed, generated, produced or acquired by the Contractor, the Contractor’s employees, subcontractors or agents under this Contract, up to and including the completion date of the Warranty Period, are the property of the Province;

b) the Province shall have the rights as described in clause 6 for all Pre-existing Work included in the Materials delivered to the Province at the effective date of termination and its User Documentation and Proprietary Tools;

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c) The Contractor must still, if requested by the Province, complete all Services required in clause 3, in accordance with this Contract;

d) all terms and conditions of this Contract, as applicable, shall continue during the Warranty Period; and

e) the Province shall only have to pay the Contractor for the Services completed and Materials delivered in accordance with this Contract up to the effective date of termination.

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Appendix A Schedule “1” - Terminology

APPENDIX A - SCHEDULE “1” TERMINOLOGY

Throughout the RFP and Contract, terminology is used as follows:

Term DefinitionAlberta Purchasing Connection (APC)

means the Province’s electronic tendering system.

Alberta Time means Mountain Standard Time or Daylight-Saving Time as provided for in the Daylight-Saving Time Act of Alberta.

Alberta Culture & Tourism means Her Majesty the Queen in right of Alberta as represented by the Minister of Culture & Tourism.

Application means the programs, including all supporting documentation, source code, media and data that perform specific data processing and telecommunication tasks supporting the Solution.

Application Maintenance Services (AMS)

means Tier 1, Tier 2 and Tier 3 defect identification and fixes (i.e., Software breaks/fixes); Installation of those fixes; Updates provided by the Contractor as part of normal maintenance services; and Contractor Personnel participation in regular and ad-hoc meetings at Province locations.

Application Support means an organization or individual providing application Services including AMS or Solution Design or DBA Support (Database Administration), including Application-related change and release management and control the Production Environment, and scheduling of Province applications.

Business Day means 08:15 to 16:30 in Alberta from Monday through Friday excluding holidays observed in Alberta

Business Hours means 08:15 to 16:30 Alberta Time on Business Days.CISO means Alberta Culture & Tourism’s Chief Information Security Officer

(also known as the Information Security Officer), who is responsible for establishing and maintaining the enterprise vision, strategy, and program to ensure information assets and technologies are appropriately protected.

Closing Date means the date stated on the cover page of the RFP that indicates the deadline for any submission of Contractor Proposals.

Cloud means the type of Internet-based computing that provides shared computer processing resources and data to computers and other devices on demand (including computer networks, servers, storage, applications, data and services).

CMS Solution means the Content Management System and the Satellite Sites websites as defined in section 3.1.5 Project Scope and Appendix C Solution Requirements Specifications.

Commencement Date means the date when AMS shall begin, Service Levels shall become effective, and Phase-In Transition is complete.

Commercial Software means software of the Contractor and/or the Contractor’s subcontractors or agents (including their affiliates as specified in the Business Corporations Act of Alberta, as amended, revised or substituted from time to time) which was commercially available off the shelf prior to the RFP Closing Date. This software is also known as Commercial Off The

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Term DefinitionShelf (COTS).

Confidential Information means Province Confidential Information and Contractor Confidential Information.

Confidentiality Legislation means any statutory or regulatory requirement, as amended, revised or substituted from time to time, to keep information confidential including the Freedom of Information and Protection of Privacy Act of Alberta.

Configuration means any change, enhancement, etc. to the software not requiring source code changes to provide the specified functionality.

Continuous Improvement means the process responsible for managing improvements to the Services and Materials. Continuous Improvement continually measures achievement and modifies processes and the infrastructure to improve efficiency, effectiveness, and cost effectiveness.

Contract means the written Contract, which includes the RFP and the Contractor’s Proposal, between the Contractor and the Province to provide the Services and Materials contemplated by the RFP.

Contracting Manager means the individual designated on the RFP title page as the official interface between the Province and the Contractors for issues and communications related to the RFP.

Contractor means the successful Proponent that will enter into the Contract with the Province.

Contractor Confidential Information means information, supplied in confidence, concerning the Contractor and/or third parties or any of the business or activities of the Contractor and/or third parties and which is acquired by the Province as a result of participation in the Contract.

Contractor Personnel means any employee, agent, or subcontractor of the Contractor and any persons working under the direction or control of the Contractor who provides goods or performs services as part of the Services.

Controls means the specific Configuration, activities, and associated policies performed by persons or systems designed to ensure that the information technology used by the Province operates as intended, and that the Province’s data is managed in a secure, reliable, and auditable manner.

Customization means any change, enhancement, etc. to the software requiring source code changes to provide the specified functionality.

DBMS means a Database Management System (DBMS) which is a computer software application that interacts with the User, other applications, and the database itself to capture and analyze data. A general-purpose DBMS is designed to allow the definition, creation, querying, update, and administration of databases.

desirable means that a provision so described has a significant degree of importance to the Province. This term is as defined, whether or not capitalized.

Disaster Recovery Plan (DRP) means a documented process or set of procedures to recover and protect a business IT infrastructure in the event of a disaster. Such a plan, ordinarily documented in written form, specifies procedures an organization is to follow in the event of a Disaster.

Documentation means the supporting Application, software, hardware or instruction definitions including instructions, processes, procedures, diagrams, explanations, manuals, listings, diagrams and other hard or soft copy written and graphic materials that describe the use, operation,

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Term Definitionmaintenance, design or functionality of an Application, software or hardware.

Effective Date means the date on which the Contract is executed and Phase-In Transition activities begin.

End-to-End Testing means an activity in which the entire Solution capabilities (e.g., multiple use-cases) are completely tested. Performance and scalability testing will also occur in this testing phase as will regression testing as new functionality is added to pre-existing and previously-tested functionality. End-to-End Testing is a shared responsibility between the Contractor and Alberta Culture & Tourism. Province is primarily responsible to test the system-wide functionality (use-cases) whereas the performance and scalability testing will primarily be the responsibility of the Contractor (with support from the Province’s resources, as appropriate). Once all in-scope functionality has been tested and accepted, performance and scalability issues have been addressed, and the exit report has been approved, the Solution is considered to be ready for Transition to the Production Environment, End-to End Testing includes the activities described in this section along with the definition provided in the RFP Terminology in Appendix A, Schedule 1.

Evaluation Team means individuals who will evaluate the Proposals on behalf of the Province.

Fixed Price Hourly Rate means a definite and predetermined hourly rate.Fixed Price means a definite and predetermined price.FOIP means the Freedom of Information and Protection of Privacy Act of

Alberta as amended from time to time.Functional Test means an activity performed by Province to verify that the functionality

expected has been achieved. The purpose of this test is, in part, for Province to validate System Test results but also to consider User-friendliness and real-world scenarios following use-cases. Formal Functional Test plans will be completed prior to testing and Functional Test exit reports are required to be approved by the Province before the functionality moves to End-to-End Testing.

Government of Alberta (GoA) means Her Majesty the Queen in right of Alberta.Help Desk means a resource intended to provide Users with Incident and Problem

tracking, monitoring and resolution.High Available means systems that are durable and likely to operate continuously

without failure for a long time and implies that parts of a system have been fully tested and, in many cases, that there are accommodations for failure in the form of redundant components.

High Availability means the design and implementation of the system ensures a certain degree of operational continuity in the case of an outage or disaster.

Host, Hosting and Hosted means the server location and infrastructure environment of the CMS Solution system as a component of, or the complete, CMS Solution.

Implementation means all responsibilities of the Contractor as defined in the Contract and this RFP.

Incident means an unplanned operational event that is not part of the standard operation of a system, which causes (or may cause) an interruption to (or degradation of) the Service.

IT means Information Technology.

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Term DefinitionIntegration Test(ing) means testing performed with individual software modules as a group

and ensures integration functions as planned.Interface means the capability and secure connection to import, export, or

exchange digital information between the Solution and another application.

IMTS means Information Management & Technology Services within Alberta Culture & Tourism.

IMT means GoA’s Information Management and Technology which is governed by the Office of the Corporate Chief Information Officer.

ITIL means Information Technology Infrastructure Library and is a set of practices for IT service management(ITSM), that focuses on aligning IT services with the needs of business.

mandatory means a requirement that must be met in a substantially unaltered form in order for the Proposal to receive consideration. This term is as defined, whether or not capitalized.

Materials means all the working papers, surveys, notes, plans, designs, reports, records, studies, drawings, examinations, assessments, procedures, specifications, evaluations, results, conclusions, interpretations, calculations, analyses, systems, software, source code, documents, writings, software solutions , hardware, devices, data or any components of these, regardless of how they are represented, stored, produced, or acquired that are to be delivered under the Contract and are as described elsewhere in the Contract.

MISO means the Province Department Information Security Officer.must means a requirement that must be met in a substantially unaltered form

in order for the Proposal to receive consideration. This term is as defined, whether or not capitalized.

Open-source software (OSS) means software with its source code made available with a license in which the copyright holder provides the rights to study, change, and distribute the software to anyone and for any purpose.

Optional Work means Services required of the Contractor in addition to that which is described as scope within this RFP, and directly related to the CMS Solution. This could include the same roles as the work in scope, or in addition to such including the following: enhancements, business analysis, management consulting, strategies, work reviews, feasibility studies, CMS Solution research, business case development, etc. via a SOW.

Outage refers to a period of time that a system fails to provide or perform its primary function.

Personal Information means recorded information about an identifiable individual as defined in FOIP, which includes:

a) the individual’s name, home, or business address or home or business telephone number;

b) the individual’s race, national or ethnic origin, colour, or religious or political beliefs or associations;

c) the individual’s age, sex, marital status, or family status;d) an identifying number, symbol, or other particular assigned to

the individual;

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Term Definitione) the individual’s fingerprints, other biometric information, blood

type, genetic information, or inheritable characteristics;f) information about the individual’s health and health care history,

including information about a physical or mental disability;g) information about the individual’s educational, financial,

employment, or criminal history, including criminal Records where a pardon has been given;

h) anyone else’s opinions about the individual; andi) the individual’s personal views.

Personnel see Contractor Personnel

Phase-In Transition means the functions, duties, tasks and responsibilities, as specified in the Contract, to be performed by the Contractor during transition of the CMS Solution into the Production Environment.

Phase-Out Transition means the transition of Services to the Province or a successor from a new RFP at the expiry or termination of the Contract.

Prime Proponent Means the Proponent in a Proponent Team that is responsible for the provision of all Services and Materials, and with whom the Province will enter into the Contract should the Proponent Team be awarded the Contract pursuant to this RFP.

Pre-existing Work means all parts of Materials, excluding Commercial Software, that were first created outside this Contract by the Contractor, the Contractor’s Personnel (employees, subcontractors or agents), including their affiliates as specified in the Business Corporations Act of Alberta, as amended, revised or substituted from time to time) and which were in existence prior to the Request for Proposals Closing Date.

Proprietary Tools means any tools of the Contractor, the Contractor’s Personnel (employees, subcontractors or agents) that are required to operate, maintain and make modifications to the Pre-existing Work.

Province means Her Majesty the Queen in right of Alberta, as represented by the Minister of Culture & Tourism.

Province Confidential Information means any information concerning the Province and/or third parties or any of the business or activities of the Province and/or third parties acquired by the Contractor as a result of participation in this Contract, which is required by any Confidentiality Legislation to be kept confidential by the Province or is supplied by the Province in confidence including, but not limited to, such information that is contained in data management systems of the Province or is financial, personal data or business information and plans of or relating to the Province or third parties.

Province data means any information concerning the Province and/or Third Parties or any of the business or activities of the Province and/or Third Parties acquired by the Contractor as a result of participation in this Contract, which is required by any Confidentiality Legislation to be kept confidential by the Province or is supplied by the Province in confidence including, but not limited to, such information that is contained in data management systems of the Province or is financial, personal data or business information and plans of or relating to the Province or Third

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Term DefinitionParties.

Procurement Services means the Contracted Services Section of Service Alberta.Production Environment means the technical structure housing the operational use of an

Application or any technology infrastructure.Proponent means an individual or organization or Proponent Team responding to

the RFP subsequent to this RFP with a Proposal.Proponent Team means two or more individuals and/or organizations that together submit a

Proposal.Proposal means the Proponent’s response to the RFP and includes all the

Proponent’s attachments and presentation materials.RACI Means an acronym derived from the four key responsibilities most

typically used: Responsible, Accountable, Consulted, and InformedRDBMS Means a database management system (DBMS) that is based on the

relational model as invented by E. F. Codd, of IBM's San Jose Research Laboratory

Record means content of information in any form and includes notes, images, audiovisual recordings, x-rays, books, documents, maps, drawings, photographs, letters, vouchers and papers, and any other information that is written, photographed, recorded, or stored in any manner but which does not include software or any mechanism that produces stored information.

Regression Test(ing) Means software testing which verifies that software, which was previously developed and tested, still performs correctly after it was changes or interfaced with other software.

Request for Proposals (RFP) means the solicitation for the Services and Materials, including the attached appendices.

Satellite Site means websites that are excluded from government standards as it relates to look, purpose and functionality.

Security Breach means an Incident that results in unauthorized access of data, applications, services, networks, or devices.

Service Alberta means Her Majesty the Queen in right of Alberta as represented by the Minister of Service Alberta.

Service Desk means the provision of a single point of contact for the coordination of authorized User Incidents, Problems, Requests (including Service Requests), and questions, as well as related support functions.

Service Levels means availability, response times or other performance standards for the Services.

Service Measurements The objective of service measurement is to identify and collect information that identifies and quantifies service value-add and contribution to organization goals as well as indicators of service risks, issues, and improvement opportunities enabling informed governance and planned action.The objective of service reporting is to analyze and deliver service measurement information to stakeholders, governors, and decision makers in a form than enables action.

Service Request means a request for Services submitted by an authorized User or created and submitted on behalf of an authorized User using the mutually agreed upon process.

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Term DefinitionServices means the functions, duties, tasks, and responsibilities of the Contractor

as described in this Contract.shall means a requirement that must be met in a substantially unaltered form

in order for the Proposal to receive consideration. This term is as defined, whether or not capitalized.

should means a requirement having a significant degree of importance to the objectives of the RFP. This term is as defined, whether or not capitalized.

Single Point of Contact (SPOC) means the provision of an authorized single point of contact for the coordination of work or activities.

Software as a Service (SaaS) means a software licensing and delivery model in which software is licensed on a subscription basis and is centrally Hosted by the software Proponent.

Solution Design means the CMS solution functions and the Implementation of CMS as defined within this Contract.

Statement of Work (SOW) means a description of the products, services and/or results to be delivered under the Contract – see Schedule 2.

STRA means a Security Threats and Risk Assessment document managed by the Province’s MISO.

System Integration Test(ing) means the overall testing of a complete system of many subsystem components or elements.

System Test(ing) means an activity performed by the Contractor to show that the functionality expected by the Customization or Configuration is achieved. System Test planning requires that test cases are linked back to the requirements traceability matrix and that the System Test plan is approved prior to the start of testing. A formal exit report completed by the Contractor is required before this functionality moves to Functional Test

Term Means the period during which the Contract is in force including any extensions, as specified in article 5 of the Contract.

Tier 1 means support that is provided as the entry point for inquiries, incident/problem reports and requests from Authorized Users by the Service Desk. If Tier 1 Support Personnel cannot resolve the inquiry, problem or request it is directed to the appropriate Tier 2 Support Personnel or Tier 3 for resolution. 80% of all Calls received by the Service Desk are expected to be resolvable upon receipt without the need to escalate to Tier 2 support resources.

Tier 2 Tier 2 means specialist technical support that is delivered by the provider of a specific service, where resolution cannot occur at the Tier 1 level.

Tier 3 means support that is delivered by the manufacturer of the product or Application, typically the party most knowledgeable about the underlying technology.

Transition Transition means the transfer of responsibility for Services from existing service providers to the Contractor while maintaining stable delivery of the Services.

Unit Test means an activity performed by the Contractor to ensure that the individual units of Customization or Configuration produced are tested.

User(s) means any person making use of the Solution.User Acceptance Testing (UAT) means testing conducted by business stakeholders to verify that business

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Term Definitionrequirements for the application are met.

User Documentation means any documentation that describes the Pre-existing Work and, when used in conjunction with its source code, enables the User to operate, maintain and make modifications to the Pre-existing Work and includes the identification of any necessary tools that are not Proprietary Tools.

Warranty Period means the period during which the Materials provided by or through the Contractor to the Province shall meet the specified requirements following the date of acceptance of the Materials by the Province pursuant to the acceptance processes described in the Contract. See Article 16 Warranty.

XML means Extensible Markup Language.

Headings are used for convenience only, and they do not affect the meaning or interpretation of the clauses.

Words in the singular include the plural and vice versa.

References to “Alberta Culture & Tourism”, “Department”, “GoA”, “Government of Alberta”, “Her Majesty”, “Division”, “Procurement Services”, “Province”, “SA”, and “Service Alberta” mean Her Majesty the Queen in right of Alberta and are only used for administrative purposes.

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Appendix A Schedule “2” - Governance and Management

APPENDIX A - SCHEDULE “2” GOVERNANCE AND MANAGEMENT

1 GOVERNANCE COMMITTEESThe governance will follow the IT Project Structure as described in RFP section 3.1.8.

1.1 Management Framework(a) The Contractor shall assign its Delivery Manager to manage the Contractor’s

responsibilities under the Contract and to interact with Province;

(b) Province shall assign a representative to manage the Contract on an overall basis;

(c) Province shall assign a representative to manage solution design activities; and

(d) Province shall assign a representative to manage the CMS Solution AMS activities.

1.1.1 Contract Management

(a) Management of the Contract shall be carried out at the Province’s offices through:

(i) regular formal meetings as shall be agreed to, in writing, by the parties;

(ii) ad hoc meetings as required by either party;

(iii) participation in committees and required meetings;

(iv) day-to-day interaction as needed to ensure the delivery of the Services to the Province in accordance with this Contract; and

(v) reporting as described in RFP section 3.2.5 Project Status Reporting.

(b) changes to this Contract shall be implemented using the processes detailed in this schedule.

1.1.2 Change Control Process

1.1.2.1 Changes to In-Scope Services and Service Measures

(a) General

The Contractor and Province shall utilize the change process to initiate changes to the Services. SOW’s will be documented using the format specified in Exhibit 2-1 of this Appendix.

(b) Province Initiated Change

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The Province shall notify the Contractor in writing of a required change. The Contractor shall respond in writing, at its own cost, to the change within fifteen (15) Business Days after receipt, identifying the:

(i) description of Service change;

(ii) scope of the proposed solution;

(iii) effect on existing Services;

(iv) estimates;

(v) detailed work plan;

(vi) proposed delivery time frame;

(vii) project management approach;

(viii) implementation approach;

(ix) AMS Contractor Personnel;

(x) test plan; and

(xi) price implications, if any.

If, in the opinion of the Contractor, a change could be implemented in a more cost-effective manner, the Contractor shall prepare its recommendations relating to the change.

(c) Contractor Initiated Change

(i) The Contractor shall, in writing and at its own cost, propose any changes which it initiates in accordance with the Province’s change process. This must contain all required technical and financial information for Province to assess the proposed change; and

The Contractor proposed change shall identify the:

1. Description;

2. Scope of the proposed solution;

3. Benefits;

4. Business case;

5. Estimates;

6. Detailed work plan;

7. Proposed delivery time frame;

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9. Implementation approach;

10. Named Contractor Personnel;

11. Test plan; and

12. Price implications.

(ii) The Province shall evaluate the change to determine the extent of impact on the Province, if approved. The Province shall use reasonable efforts to accommodate the Contractor’s request.

1.1.2.2 Changes to Operating Environment

Day to Day Operational Changes

Changes to the Application environment shall be managed through the finalized change management process in collaboration with the GoA through ITSM (the GoA Help Desk system). The change management process will control the implementation of changes to Applications supported by the Contractor.

1.1.2.3 Change Control Process for Solution Projects

The Province and the Contractor will follow the change management process for services to define the scope and scale of development work. The Contractor shall comply with the following:

(a) Contractor Personnel: For any Optional Work awarded to the Contractor, the Contractor shall be required to identify Contractor Personnel, approved in writing by the Province;

(b) Services Reporting Requirements: The Contractor must provide appropriate Services project reporting when conducting Services projects (see RFP section 3.2.5 Project Status Reporting);

(c) Warranty Period: The Warranty Period for Materials shall be as stated in this Contract; and

(d) Post implementation reviews: The Province may conduct a review on projects to assess the quality of deliverables and the realization of anticipated benefits. The Contractor shall participate at no cost to the Province.

1.1.3 Optional Work

(a) Request for Optional Work

(i) The Province shall utilize a SOW (Exhibit 2-1) to request Optional Work from the Contractor. This request will identify all information required for the Contractor to accurately assess the request and to respond to the Province with the appropriate Service solution(s), Service Measures and pricing. When requested by the Contractor, the Province may assist the Contractor with development of the response

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by providing additional information, either in writing or through a question and answer process or both.

(b) The Process for requesting Optional Work and associated Service Levels is as follows:

(i) upon receipt of a request for Optional Work from the Province, the Contractor shall respond in writing within fifteen (15) Business Days after receipt thereof with either agreeing to the SOW; and

(ii) the Province shall respond in writing to the SOW for Optional Work within a maximum of fifteen (15) Business Days indicating acceptance or rejection.

(c) The Province reserves the right to reject any SOW for Optional Work and obtain proposals from Third Parties;

(d) In the event that the Province rejects a SOW for Optional Work, the Contractor shall have the right to respond to any request for proposal, for such services, issued by the Province to Third Parties;

(e) Cancellation of a Request for Optional Work;

At any time after the Province has submitted a request for Optional Work to the Contractor and accepted the SOW, the Province may, prior to start of delivery of such services, cancel the request; and

(i) if the Contractor has entered into financial commitments prior to the cancellation, Province shall compensate the Contractor for those reasonable financial commitments related to the provisioning of the Optional Work prior to receiving notice of the cancellation (provided that Province shall receive the benefits, if any, arising from any such financial commitments for which Province has compensated the Contractor); or

(ii) if the cancellation occurs prior to the Contractor's entering into any financial commitments, the request for Optional Work can be cancelled at no cost to Province.

1.1.4 Services and Services Team Availability

The Services may require in-person attendance of some Contractor Personnel at the Province facilities. Software configuration and any Solution Design work requires regular and ongoing collaboration between the Contractor and designated Province staff. AMS Contractor Personnel require collaboration with the Province Tier 1 Help Desk staff for Incident and problem management. Therefore, Contractor Personnel must, at a minimum, be available in person for all scheduled and ad-hoc meetings as required.

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EXHIBIT 2-1Statement of Work (SOW)

To:

From:

Re: CMS Solution Contract between (insert Contractor name) and Province (“Contract”)

The SOW forms part of and is subject to the terms and conditions in the Contract.

SOW Request Number _____________

1. Statement of Objective2. Description of Expected Service change3. Expected Effect on Existing Solution Design and AMS4. Delivery schedule5. Test Plan6. Costs and Responsibility7. Ancillary Agreements Anticipated/Adaptations of Agreement/schedule Revisions Required8. Expected Effect on Price

Respond to this SOW on or before ______________________.

Signature

Name (Print or Type)

Title

Date

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Appendix B Pricing Form

APPENDIX B -PRICING FORM

Proponents must use this Pricing Form or a similar representation of the same information to submit their pricing for the Services and Materials described in this RFP.

Proponents must propose in Canadian funds. Where applicable, Proposals in U.S. funds will be converted to Canadian funds by Procurement Services and evaluated on the converted amount. This conversion will be based on the daily noon rates appearing on the Bank of Canada’s website http://www.bankofcanada.ca/fmd/exchange.html on the RFP closing date.

Any spaces left blank or N/A will be deemed $0.

A. Implementation, Hosting, Licensing and Application Maintenance Fees

Pricing Component Proposed Cost

1. License Fee / Hosting / Annual (Fixed Price)(Proponent to provide full description of pricing approach or approaches as

described in section 3.2.19)

$________ Year 1$________ Year 2$________ Year 3$________ Year 4$________ Year 5$________ Year 6

Proposals must include the maximum annual escalation rate for License Fees for each possible subsequent extension period. _______% per year

2. Additional 3rd Party Products (Fixed Price) (Proponent to provide details if required as part of the Software/Solution –

The Province reserves the right to acquire 3rd Party products from a party other than the Proponent)

$

3. Implementation Fees including Conversion and Configuration (Fixed Price)

(Including but not limited to all Services described in RFP Sections 3.2.4, 3.2.5, 3.2.6, 3.2.13.1, 3.2.13.2)

$

4. Customization Costs (Fixed Price) (Total of all “Additional Costs” from Appendix C)

$

5. Training (Fixed Price) (Including but not limited to all Services described in RFP Section 3.2.16)

$

6. Documentation (Fixed Price) (Including but not limited to all Materials described in RFP Section 3.2.15)

$

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7. First 6 (six) Years Application Maintenance and Support (Fixed Price)

(Including but not limited to all Services described in RFP Section 3.2.18.)

The price increase for optional extension periods shall follow the Consumer Price Index (CPI) for Edmonton from the prior calendar year as published by Statistics Canada.

$________ Year 1$________ Year 2$________ Year 3$________ Year 4$________ Year 5$________ Year 6

TOTAL COST OF IMPLEMENTATIONAll costs for the Implementation of the proposed Software and Services identified in the RFP and Pricing Form. This cost must not exceed $180,000.00 or the Proposal will be non-compliant and rejected)

If the Total Cost of Software Implementation is incorrect based on totaling the pricing components in components 1 (yr 1, 2, 3, 4, 5, and 6 above) the corrected total of pricing components in Appendix B will apply.

$

TOTAL COST OF OWNERSHIP (All costs for the proposed Software/Solution and Services identified in the RFP

and Pricing Form up to and including Year 6)$

B. Resources Required for Implementation and Optional Work

(a) Fixed Price Hourly Rates must be based on a 7.25 hour day for each resource role category.

(b) The price increase for the optional extension periods shall follow the Consumer Price Index (CPI) for Edmonton from the prior calendar year as published by Statistics Canada.

1. Mandatory Resource Role Categories:

Proponents must provide Fixed Price Hourly Rates for the following resource role categories:

Resource Role CategoryFixed Price Hourly Rates

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6

Delivery ManagerProject ManagerSolution Architect

2. Desirable Resource Role Categories:

Proponents must provide Fixed Price Hourly Rates for the resource role categories identified in response to section 3.4.2 of the RFP. If the resource role categories differ from those listed below, the Proponent may delete the roles not required and insert their proposed resource role categories or place a N/A in the Fixed Price Hourly Rates column for those resource role categories that are not applicable and add those resource role categories that have not be included.

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Resource Role CategoryFixed Price Hourly Rates

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6

Senior Change/Application ArchitectSenior Business AnalystIntermediate Business AnalystSenior Database AdministratorIntermediate Database AdministratorSenior Systems AnalystIntermediate Systems AnalystSenior ProgrammerIntermediate ProgrammerContent StrategistUser Experience DesignerDigital StrategistMarketing Specialist

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Appendix C CMS Solution Mandatory Requirements and Desirable Specifications

APPENDIX CCMS SOLUTION MANDITORY REQUIREMENTS AND DESIRABLE

SPECIFICATIONS The compiled set of requirements should be seen as high-level, not exhaustive and further technical requirements gathering will be required as part of the scope of this project.

Mandatory Software/Solution Functionality

Mandatory requirements are essential to the Software/Solution being acceptable to the Province. The Proponent must acknowledge each mandatory requirement (numbered item) by indicating whether the Software/Solution complies or not, as follows:

Y This required functionality is resident in the Software, and neither Configuration or Customization is required. The requirement can be demonstrated by the Proponent.

Z This required functionality in not currently in the Software but the Proponent is willing to provide this functionality by Configuration (no Customization) at an identified additional, Fixed Price Cost (“Add. Cost” below). (The total of all costs for Configuration must be included in Appendix B – Pricing Form, item no. 4)

C This required functionality is not currently resident in the Software, with or without Configuration, but the Proponent is willing to provide this functionality by Customizing the Software at an identified additional, Fixed Price cost (“Add. Cost” below). (The total of all additional costs for Customization must be included in Appendix B – Pricing Form, item #4)

N This required functionality is not resident in the Software and the Proponent is not willing to provide this mandatory functionality. Proponent notes that this response will result in a rejection of the Proposal.

The Comments column is to be used to support the Proponent’s claims. For requirements where the response is ‘C’, the Comments column is also to be used to indicate if the Customization will become part of the Software at some future date. Any other pertinent information that the Proponent feels will assist in understanding its Proposal should also be included in the Comments column.

Item Mandatory Solution Requirements Y Z C N Additional Cost (fixed price)

Comments

1. Mandatory Requirements1.1 The Solution must support responsive display

for mobile devices1.2 The Solution must be able to integrate content

from third party applications1.3 If Open Source Software, the Solution must

have a vibrant and active communityORThe Solution must have been used for similar

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Enterprise-class websites.ORThe Solution must have a regular update schedule.

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Desirable Software/Solution Functionality

Desirable functionality is important to the Software/Solution being acceptable to the Province. The Proponent should acknowledge each desirable function (numbered item) by indicating whether the Software/Solution complies or not, as follows:

Y This desirable functionality is resident in the Software, neither Configuration nor Customization is required. The functionality can be demonstrated by the Proponent.

Z This desirable functionality in not currently in the Software but the Proponent is willing to provide this functionality by Configuration (no Customization).

C This desirable functionality is not currently resident in the Software with or without Configuration, but the Proponent is willing to provide this functionality by Customizing the Software/Solution at an identified additional, Fixed Price cost (“Add. Cost” below). (The total of all additional costs for Customization must be included in Appendix B – Pricing Form, item #4)

N This desirable functionality is not resident in the Software and the Proponent is not willing to provide this desirable functionality.

If the Proponent indicates that a desirable functionality is not resident in the Software with or with-out Configuration but the Proponent is willing to provide such functionality by Configuration or Customization, the Proponent must provide the additional cost for such Configuration or Customiza-tion.

The Comments column is to be used to support the Proponent’s claims. For desirable functionality where the response is ‘C’, the Comments column is also to be used to indicate if the Customization will become part of the Software at some future date. Any other pertinent information that the Proponent feels will assist in understanding its Proposal should also be included in the Comments column.

Item Desirable Solution Requirements Y Z C N Additional Cost (fixed price)

Comments

1. Non-Functional Requirements1.1 The Solution has a simple/intuitive interface.

Usability of the Solution for non-technical staff is critical

2. Functional Requirements2.1 The Solution allows administrators to create

and maintain permissions groups for content editors

2.2 The Solution provides the ability to create custom workflows for each site

2.3 The Solution provides the ability to create workflows that include publishing approval by central administrators

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Comments

2.4 Central administrators have the ability to allow specific content to have unique workflows

2.5 The Solution provides email notifications to the next approver in a workflow

2.6 The Solution allows multiple simultaneous users

2.7 The Solution provides page locking or content check out. For example, when one person is editing content, that content cannot be edited by another user

2.8 The Solution provides the ability to override page locking. For example, Administrator should be able to override locking or check out by content editors

2.9 The Solution allows central administrators to develop and maintain page templates for use across multiple sites

2.10 The Solution allows site-specific templates to have unique visual elements, while maintaining overall consistency between sites

2.11 The Solution allows for the creation of CSS-based text styles

2.12 Content editors able to select only from pre-made text styles when editing content

2.13 The Solution allows templates for specific sites to be based on master templates. (Example: a set of master templates to provide common structure for all museums and historical sites, AND specific-instance templates to provide common look, and structure for pages within a specific website).

2.14 The Solution allows for subsites (for example, special exhibitions) that may have unique visual elements. These subsites should fit into the overall look and structure of the parent site, but include unique visual elements related to the purpose

2.15 Content editors are able to add images, tables, links, lists, and embedded videos to pages

2.16 The Solution provides the ability to add, move, and delete pages (change the structure of the site)

2.17 The Solution provides WYSIWYG and HTML editing options

2.18 The Solution provides the ability to add metadata to content

2.19 The Solution provides spell check2.20 Content is strictly separated from

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Comments

presentation to allow for publishing to multiple formats.

For example, there may be a need to aggregate content such as Events from individual sites onto a central site. The Solution should allow those Events to be automatically aggregated on a central Heritage website.

2.21 Authoring is style-based, with all formatting applied during publishing

2.22 Authors are able to create cross-links between pages that are relative and stable against restructuring

2.23 Content editors are able to make content updates via a mobile device

2.24 Mass upload: The Solution provides the ability to upload multiple images/files at one time

2.25 The Solution provides the ability to create standardized lists of metadata that can be assigned to content (For example, standardized sets of topics, content types, or location)

2.26 The Solution provides the ability to manage language translations through an easy web-based interface

2.27 The Solution provides the ability to pre-set publishing and expiry dates (For example, for news stories).

2.28 Content editors have the ability to resize uploaded images without external image editor

2.29 The Solution is easily extensible by using pre-made modules or code snippets to provide additional publishing functionality

2.30 The Solution supports external search, such as the Google search appliance and its successors

2.31 The Solution allows for the creation of Photo Galleries and slide shows

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Comments

2.32 The Solution allows for easy creation of online forms.

Forms are able to 1) receive attached images, or documents; 2) receive information as text in an email or in a format that could be pulled into a database (IE: csv)

2.33 The Solution works in both Mac OS and Windows, and on the Chrome, Explorer, Edge, Firefox, and Safari browsers. This applies to both the admin portion and the user views

2.34 The Solution creates unique identifiers for each page

2.35 The Solution allows for the creation of Blogs

2.36 The Solution has a web-based rich text editor to allow publishers to create formatted content without knowing HTML, CSS, XML, or XSL

2.37 The solution provides the ability to drag-and-drop content

2.38 The Solution has the ability to track versions of content and pages. Versions are date and time stamped.

2.39 The solution provides the ability to track changes and produce an Audit Trail. For example, reporting on who made additions, updates, or deletions, and at what date and time

2.40 The Solution has the ability for content editors to add a note to a content change. The note can be saved against the specific update

2.41 The Solution indicates when content was last updated or reviewed (both inside the maintenance system and for the public user to see)

2.42 The Solution provides email notifications/alerts when content needs to be reviewed. For example, content owners

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Comments

might receive notifications when content has not been edited or reviewed for a specified period of time (6 months).

2.43 The Solution allows content editors to mark content as having been reviewed.

2.44 The solution provides a trash system to allow administrators or publishers to recover content that has been removed from the site. Note: this is not the same as recovering items from a versioning archive.

2.45 The Solution is able to integrate social media feeds, including Facebook, Facebook Live video, YouTube video, Twitter, and Instagram

2.46 The Solution is able to integrate content from third party applications (e.g. ATMS)

2.47 The Solution is able to integrate Google Analytics and/or Web Trends

2.48 The Solution is able to integrate with SiteImprove. This requires that each page have its own unique identifier

2.49 Users to access system remotely

2.50 The capability to provide appropriate User authentication, encryption of data traversing the network

2.51 Multiple User authorization levels shall be based primarily on login and then on the service layer for defined secure access to critical components of the Solution

2.52 Web access used to update information should support Secure Sockets Layer (SSL) and provide required security certificates; this applies to the Production Environment, and testing environments. data transmission must have a minimum of 256 bit encryption only decrypted by an approved recipient

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Appendix D Proponent Personnel Skill Summary Sheets

APPENDIX DPROPONENT PERSONNEL SKILL SUMMARY SHEETS

D.1 Proponent Personnel Skill Summary Sheets – Delivery Manager

Proponent Personnel #1: Delivery Manager (Name and completed Skill Summary Sheet for one (1) resource required) Proponent Personnel

Name: __________________________

RFP Ref 3.4.2.1 Delivery Manager

Desirable Provisions

1 Minimum 10 years of experience in the role of Delivery Manager

2 Total years of CMS experience

4 Provide three (3) references for projects with sufficient supporting detail that demonstrate experience with projects similar to this project:a) Project Name:

Client Organization and contact information:Project Duration:Role on Project:Project Details:

Resume Cross Reference

b) Project Name:Client Organization and contact information:Project Duration:Role on Project:Project Details:


c) Project Name:Client Organization and contact information:Project Duration:Role on Project:


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Project Details:

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D.2 Proponent Personnel Skill Summary Sheets – Project Manager

Proponent Personnel #1: Project Manager (Name and completed Skill Summary Sheet for one (1) resource required) Proponent Personnel

Name: __________________________

RFP Ref 3.4.2.2 Project Manager


1 Minimum 8 years of experience in the role of Project Manager







c) Project Name:Client Organization and contact information:Project Duration:Role on Project:Project Details:


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D.3 Proponent Personnel Skill Summary Sheets – Solution Architect

Proponent Personnel #1: Solution Architect (Name and completed Skill Summary Sheet for one (1) resource required) Proponent Personnel

Name: __________________________

RFP Ref 3.4.2.3 Solution Architect


1 Minimum 8 years of experience in the role of Solution Architect







c) Project Name:Client Organization and contact information:Project Duration:Role on Project:Project Details:


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Appendix E Non-Disclosure (Confidentiality) Agreement

APPENDIX ENON-DISCLOSURE (CONFIDENTIALITY) AGREEMENT

Proponents wishing to review the related project documents listed in Section 3.1.7 (Related Project Documents) of this RFP (“Documents”) are required to sign and return this Non-Disclosure Agreement. Upon signature, this Agreement may be delivered by hand, courier, mail, fax transmission or e-mailed in PDF to the Contracting Manager identified on the cover page of this RFP.

All information contained in the Documents is considered to be confidential and may be used by the Proponent only for the purpose of preparing a Proposal in response to RFP Number 022PA-316.

In consideration of the provision of the Documents to the Proponent for the Proponent’s review, the Proponent agrees as follows:

1. In this Non-Disclosure Agreement:

a) “Information” means all business, financial, technical, operational, and other information relating to the Province as concerns the RFP, including, without limitation, contained in the Documents or the RFP as to whether factual or interpretive, or verbal, written or in electronic form, disclosed di-rectly to or otherwise acquired by, the Proponent whether before or after the date of this Non-Dis-closure Agreement.

b) “Confidentiality Legislation” means any statutory or regulatory requirement to keep information confidential as amended, revised or substituted from time to time including the Alberta Freedom of Information and Protection of Privacy Act (FOIP).

c) All words with the initial letter capitalized shall have the meaning set out in the RFP unless the context otherwise requires or permits.

2. The Information and the terms and conditions of this Non-Disclosure Agreement may only be disclosed to such persons employed or contracted by the Proponent on a “need to know” basis solely for the purpose of responding to the RFP.

3. The Information shall not be disclosed by the Proponent to any third party, including agents, subcontractors or affiliates of the Proponent without the express written consent of the Province.

4. The Proponent shall require that all persons having access to the Information comply with the provisions of this Non-Disclosure Agreement.

5. The requirement set forth in this Agreement shall not apply to any part of the Information which:

a) is in the public domain at the date of disclosure to the Proponent or which thereafter enters the public domain other than by any act or failure to act on the part of the Proponent;

b) is already known to the Proponent (as evidenced by the Proponent’s written records) at the time of its disclosure to the Proponent by the Province, except to the extent the information was acquired by, or became known to, the Proponent in the course of carrying out an existing or previous contract with the Province;

c) was lawfully acquired by the Proponent from a third party (as evidenced in the Proponent’s written records);

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d) was required to be disclosed by the Proponent as contemplated in clause 6 hereof; or

e) was independently developed by the Proponent’s employees who had no access to the Information.

6. The Proponent shall be entitled to disclose Information as required by law or ordered by a court of competent jurisdiction or any regulatory body having jurisdiction, provided that:

a) The Proponent shall take reasonable steps to maintain the confidentiality of the Information by the court or regulatory body; and

b) The Proponent shall provide the Province with immediate written notice of any request for disclosure.

7. If the Proponent makes copies of any of the Documents and the Proponent determines that it does not wish to respond to the RFP or is not the successful Proponent on the RFP, the Proponent shall forthwith destroy all copies of the Documents it has created regardless of the medium they are stored on.

8. The Proponent shall not use any of the Information in furtherance of the Proponent’s business or for its own benefit, profit or advantage other than responding to the RFP.

9. This Non-Disclosure Agreement shall commence on the date it is agreed to and accepted by the Proponent. Information must be kept confidential the longer of six (6) years, the Confidentiality Legislation requirement, if any, to keep Information confidential, or so long as the Proponent retains Information of the Province.

10. The Proponent understands that in providing the Information to the Proponent, the Province makes no representation or warranty as to the accuracy or completeness of the Information. The Proponent agrees that neither the Province, nor anyone representing the Province, shall have any liability for any errors or omissions or for any damages resulting from the use of the Information. The Proponent shall rely solely on its own appraisals, estimates, interpretations and analysis related thereto.

11. The Proponent acknowledges the value of the Information. Accordingly, the Proponent agrees that any of injunctive relief, specific performance, or monetary damages, is an appropriate remedy for any breach of this Non-Disclosure Agreement by the Proponent.

12. a) Nothing herein shall be construed as granting to the Proponent a license or any rights to intellectual property of the Province including without limitation, trademark or copyrights in any country relating to the Information.

b) The Proponent has no obligation under this Non-Disclosure Agreement with respect to any ideas, concepts, know-how or techniques contained in the Information of the Province that are related to the Proponent’s business activities ("Knowledge"). This, does not however, give the Proponent the right to disclose, unless described elsewhere in this Non-Disclosure Agreement:(i) the source of the Knowledge;(ii) any financial, statistical, or personal data; or(iii) the Province’s business plans.

13. If any of the Proponent’s representatives visit any of the business sites of the Province for the purpose of responding to the RFP, the Proponent hereby indemnifies and saves the Province, and

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its agents harmless from any claims and liabilities resulting from the negligence or misconduct of the Proponent’s representatives during any such visit.

14. This Non-Disclosure Agreement shall be governed by the laws, and in the courts, of the Province of Alberta.

15. No failure or delay by the Province to exercise any of its rights, powers or privileges under this Non-Disclosure Agreement shall operate as a waiver hereof.

16. If any provision of this Non-Disclosure Agreement is wholly or partially unenforceable for any reason, such unenforceability shall not affect the enforceability of the balance of this Non-Disclosure Agreement.

17. This Non-Disclosure Agreement shall be binding upon and ensure to the benefit of the parties hereto and their respective successors.

18. This Non-Disclosure Agreement shall not be assigned by the Proponent without the written consent of Her Majesty.

19. This Non-Disclosure Agreement is subject to the Alberta Freedom of Information and Protection of Privacy Act, as may be amended, revised or substituted from time to time.

Agreed to and accepted by this ______ day of ___________________, 2017.

____________________________________________(Proponent Name)

____________________________________________(Name of the Officer of the Proponent)

___________________________________________(Signature of the Officer of the Proponent)

____________________________________________(Proponent Address)

____________________________________________(Telephone Number)

____________________________________________(Facsimile Number)

____________________________________________(E-mail Address)

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