Transcript

GRDA/PURCHASING SOLICITATION PACKAGE

Request for Proposal (RFP) Solicitation # 17867

Enterprise Resource Planning (ERP) System Microsoft Dynamics SL, AX, or GP

ghunter
Typewritten Text
All revisions in accordance with the Amendment #4 are in "GREEN" font.

GRDA/PURCHASING SOLICITATION PACKAGE

Proposal Submittal Requirements

Proposals shall be submitted in a sealed envelope and marked “Sealed Proposal – RFP #17867.”

GRDA must receive sealed proposals no later than:

DECEMBER 31, 2014 AT 2:00PM CT GRDA’s time per the time clock at the Receptionist’s desk

Proposals received after the time set for opening of proposals, shall not be considered and shall be returned unopened.

Number of Copies of Submission

Submit one original signed copy of the entire Proposal and one copy of “computer readable” version on CD of the entire proposal.

Face of Envelope/Package/Container

The proposals shall be enclosed in the sealed envelope, package or container and addressed to the following.

GRAND RIVER DAM AUTHORITY PURCHASING UNIT – ATTN: GAI HUNTER

Sealed proposal # 17867 DUE: December 11, 2014 at 2:00 PM

226 W. Dwain Willis Ave Vinita OK 74301

Express Mail/Overnight packages must also be addressed as above.

GRDA may waive any informality or reject any and all proposals. Proposals cannot be submitted by telephone or fax machine or electronic transfer (e-mail). Any proposal may be withdrawn prior to the above scheduled time for the opening of proposals or authorized postponement thereof. No bidder may withdraw a proposal within sixty (60) days after the actual date of the opening thereof.

In-Person Public Opening Requests

To ensure the integrity of the evaluation process, there will be no public opening for this RFP.

Communications Concerning this RFP:

This RFP is issued by the Central Purchasing Unit of the GRDA. The GRDA Contracting Officers named herein or appointed by the GRDA Central Purchasing Unit is the sole point of contact from the date of release of this RFP until the selection of successful bidder unless instructed otherwise by the GRDA Central Purchasing Unit’s authorized representative. For violation of this provision, GRDA reserves the right to reject the proposal of the offending bidder.

Bidders are invited to submit written questions regarding the contents and requirements of this RFP to the GRDA Contracting Officers preferably by email (or fax or mail). Written responses to all questions will be provided as an Amendment or Clarification to the RFP and posted to the GRDA website. No questions other than written and no questions after deadline of question submission will be accepted, reviewed or answered. No responses other than written unless otherwise indicated in this RFP will be binding upon GRDA.

The timeline for submission of all written questions and responses are as listed in Schedule of Events.

The e-mail addresses and other contact information for the GRDA Contracting Officers are as follows:

Gai Hunter (Primary) and Monica Fowler (Co-Contracting Officer)

[email protected] and [email protected]

226 W Dwain Willis Ave

P.O. Box 409

Vinita, OK 74301-0409

Important Note: All questions regarding the contents and requirements of this RFP during active bid period must be sent to both Contracting Officers named herein.

GRDA/PURCHASING SOLICITATION PACKAGE

SCHEDULE OF EVENTS

This RFP will be governed by the following schedule:

Content Date and Time (Central Time)* **

RFP release November 4th, 2014

Deadline for 1st written questions November 10th, 2014 at 5:00PM

Deadline for 1st written answers November 17th, 2014 at 5:00PM

Deadline for 2nd written questions November 20th, 2014 at 5:00PM

Deadline for 2nd written answers November 26th, 2014 at 5:00PM

Deadline for 3rd written questions December 22nd, 2014 at 5:00PM

Deadline to submit the proposal December 11 31, 2014 at 2:00PM

1st Phase Evaluation Period TBD

System Demonstrations TBD

2nd Phase Evaluation Period TBD

Announcement of intent TBD

*GRDA reserves the right to revise the schedule without advance notice.

**GRDA also requests some flexibility in the schedule due to operational dependencies on GRDA staff time.

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TABLE OF CONTENTS A. STATEMENT OF WORK ........................................................................................................................................ 1

B. GENERAL TERMS AND CONDITIONS ................................................................................................................. 4

C. SPECIAL TERMS AND CONDITIONS ................................................................................................................... 5

D. BIDDING INFORMATION ..................................................................................................................................... 11 E. EVALUATION ....................................................................................................................................................... 13

F. PROPOSAL PREPARATION ............................................................................................................................... 16

G. ATTACHMENTS ................................................................................................................................................... 23

ATTACHMENT # A ........................................................................................................................................................... 24

ATTACHMENT # B ........................................................................................................................................................... 25

ATTACHMENT # C ........................................................................................................................................................... 26 ATTACHMENT # D ........................................................................................................................................................... 28

ATTACHMENT # E ........................................................................................................................................................... 29

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A. STATEMENT OF WORK A.1. Introduction The Grand River Dam Authority (GRDA) is requesting proposals for Microsoft Dynamics SL, AX or GP for a comprehensive, fully integrated Enterprise Resource Planning (ERP) hosted system solution, including business process analysis, delivery, installation, integration, customization, data conversion, training, documentation and project management.

Microsoft Dynamics SL is the current incumbent system. Licenses and installed functional modules include Accounts Payable, Accounts Receivable, Financial Reporting and General Ledger. The Payroll module is licensed but not installed. A complete list of currently licensed modules, including user and ancillary component license counts is available upon request.

The bidder’s proposal may be for either:

A) an extension of functionality of the current Microsoft Dynamics SL installation, including potential additional modules for Project Accounting, HRIS, Payroll, Fixed Assets and other functions identified, or

B) a completely new installation of Microsoft Dynamics AX or GP.

If option A) is chosen, bidder should present a solution that provides for a complete re-implementation of the existing software modules, as significant configuration changes may be necessary to meet changing business processes identified during the process analysis phase of the project.

The bidder is required to provide a complete Project Solution, software, hardware specifications, project management, installation and configuration services, and other technology services for the entire scope of the project. As the primary bidder, the bidder accepts responsibility to manage, pay and resolve any issues with regard to any sub-consultants or other vendors that are used for this project.

GRDA will provide assistance in project management, technical resources and user resources to support the bidder’s implementation approach if required. The bidder will provide suggested roles and responsibilities for bidder and GRDA project participants, and the expected personnel resource commitments from GRDA in order to meet the proposed schedule.

The system should be able to handle the scale of operation or business which may occur. The contract resulting from this RFP allows additional applications added to the current contract scope as a later enhancement and/or add-on phase(s) as project grows.

The following high-level objectives have been identified for this RFP:

• A commercial-off-the-shelf (COTS) solution that has been successfully implemented in at least 3 clients (including private and government clients) with comparable requirements and function to the GRDA.

• A financial application for Utilities and Power companies that meets Federal Energy Regulatory Commission (FERC) guidelines and the FERC uniform system of accounts.

• A fully integrated Project Solution that utilizes automated workflows to streamline all aspects of the financial, human resources, payroll, and other related modules.

• A Project Solution that supports data-driven decisions through the use of custom, ad hoc, and dashboard reporting capabilities.

• A Project Solution that allows for growth and expansion.

A.2. Organization Background The GRDA is a non-appropriated agency of the State of Oklahoma and governed by a seven member board of directors. The GRDA headquarters is located in Vinita, Oklahoma. Electricity is generated by three hydro projects, two coal fired units and one natural gas plant. One of the coal fired units and the natural gas plant are joint owned with other utilities. GRDA is a member of the Southwest Power Pool. GRDA operates approximately 1,300 miles of transmission and distribution lines. More information about GRDA can be found at www.grda.com.

A.3. Current Information Technology Environment and Existing Software Solutions GRDA is using a wide variety of software to meet its needs. GRDA has a few purchased products, such as Microsoft Dynamics SL and Maximo. In addition, GRDA has a large array of in-house developed software. Microsoft Dynamics SL is the GRDA’s current financial accounting system. Installed modules include accounts payable, accounts receivable, financial reporting and general ledger. Maximo is the GRDA’s current system for Purchasing, Receiving, Inventory and Work Orders. Budgeting is heavily reliant upon Microsoft Excel. Human Resources and Payroll are managed via an in-house developed custom application. GRDA has also developed several one-off applications to perform various integrations and to meet needs lacking in GRDA’s purchased products. In-house developed applications are written in either AcuCOBOL or C# .net, but all use Microsoft SQL Server for their database.

A.4. Bidder Requirements A.4.1. Demonstrate successful past performance on re-implementations or installations of a similar nature to that

requested by this RFP.

A.4.2. Demonstrate past success in implementing/re-implementing ERP applications of similar scope and size.

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A.4.3. Accept full responsibility as the prime contractor and disclose all subcontractors that will be involved in this project.

A.5. Bidder Personnel Requirements These personnel requirements may be met with bidder support resources, Microsoft support resources coordinated through the bidder, or a combination of both.

A.5.1. Staffing level needed to support the system on a daily 24x7 basis

A.5.2. Technical support staff to troubleshoot and resolve software problems on the phone or via emails

A.5.3. Technical support staff that can provide adequate training

A.5.4. Toll free number or other means of communication to resolve normal problems within 24 hours and critical problems within 8 hours

A.6. Project’s Target Users The system will be used by GRDA employees and potentially outside vendors if GRDA is able to get online bidding (e-procurement) functionality. GRDA currently has approximately 550 employees, and they are spread out over multiple locations throughout the state.

A.7. Project Requirements A.7.1. Purpose

GRDA is required to comply with federal, state and internal rules and regulations and GRDA’s administrative business needs. As a result of the challenges with operating the legacy and purchased software in such a fragmented and non-integrated environment, and a number of business needs are not being met by the current systems, GRDA determines that implementing a statewide ERP system could provide to be a viable solution to meet the business needs of GRDA. The new system should be a suite of fully integrated software applications that are used to perform administrative business functions. Maximo will remain as a system for inventory and asset management unless otherwise changed by GRDA, therefore, this project will also include the integration of the ERP and Maximo systems.

A.7.2. Required Project Solution

GRDA expects the proposed solution to be a fully integrated system providing tight integration between the requested functional modules, maintaining all data under a single database, and minimizing the need for manual data transfer between different modules. The proposed solution must provide the below Core Financial and Human Resources/Payroll Functionality, as well as the ability to have integrated Project-based Tracking and Accounting across all modules. The Extended Functionalities listed below are desired and may be considered as future enhancements or additional project phases. This list may grow when GRDA’s future needs expand. Preference may be given to bidders offering these extended solutions in addition to the Core Financial, Project-based Accounting and Human Resources/Payroll Functionalities. For functionality not supported in the proposed base Microsoft Dynamics software, partner modules may be included in the proposed solution, but they must be seamlessly integrated, and provided from Microsoft Certified Partner suppliers. The GRDA, at its sole discretion, reserves the right to select the overall best solution based on value and available functionality. Based on project factors, the GRDA may elect to incorporate a phased approach to implementation. Core Financial Functionality General Ledger Accounts Payable Accounts Receivable Fixed Assets Contract Management Financial Reporting Supply Chain including Purchasing, e-Procurement, Vendor Management and Vendor Self Service Inventory Basic Order Entry, Invoicing and Billing Budgeting (Capital and Operational) Cash & Investment Management Business Intelligence Project-Based Integrated Accounting Human Resources and Payroll Human Resources (including Employee Self Service) Payroll Time and Attendance Extended Functionality Employee Self Service Fleet Management Work Orders

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Customer Service and Billing for Utilities

It is important to note that GRDA is strongly considering a client-hosted solution. It is optional, but not mandatory, for bidders to provide information on a vendor-hosted solution as part of their RFP response. If a bidder does propose a vendor-hosted solution, any differences from a client-hosted solution must be clearly delineated in the appropriate sections of the RFP response.

A.7.3. Required Services

In addition to providing an integrated financial system, the bidder will be responsible for the following services:

A.7.3.1. Project Management: The bidder will be responsible for overall project management with assistance from GRDA as required. The bidder shall include a plan recommending roles and titles of project team members and estimating amount of time project manager and others should dedicate to the project, breaking out estimated time on-site. The bidder project manager shall include in this plan, conducting monthly or weekly project meetings consisting, tracking, progress, listing task accomplished, upcoming tasks and person responsible, incomplete task and reason, behind scheduled task and reason. The Bidder Project Manager, in working with the GRDA Project Manager, will create and keep an updated project plan and communication plan; schedule regular project communication meetings, and manage ongoing project risk and scope. The Bidder Project Manager will be responsible for proving the plan of action to report, track, respond, and provide escalation procedures for identified issues. GRDA reserves the right to contract with a third-party for assistance during one, or all phases of the ERP project.

A.7.3.2. Software Installation: Since this is a client hosted solution, GRDA requires that the bidder leads the installation of the replacement software on the GRDA procured servers and desktop clients with the assistance of GRDA IT staff.

A.7.3.3. Business Process Analysis: Bidder will review and document all key processes including interface and modifications requirements to ensure that functional requirements are met. Bidder shall make recommendations to existing business processes based on industry best practices. The GRDA is willing to change existing business processes to improve efficiencies and minimize modifications or customizations so long as core requirements are met. The results should be mutually agreeable to both the GRDA and Bidder as a result of the Business Process Analysis.

A.7.3.4. Data Conversion: Bidder will provide a conversion plan to include converting ten (10) years of complete fiscal (calendar) years of historical data, plus any current fiscal year data entered up until the date of Go Live, from existing Core Financials and Human Resources/Payroll systems. Some elements may require 2-3 years for certain functionality, which may be discussed with GRDA during solution presentation. Bidder shall provide an interface/conversion control document detailing the data that needs to be extracted from the current system for import. A rollback plan shall be provided in the event of an unsuccessful conversion. A data dictionary can be obtained upon request to assist the Bidder estimate the effort required for data conversion.

A.7.3.5. Configuration: Bidder is responsible for the configuration of the proposed system based on the outcome of the Business Process Analysis phase. Knowledge transfer to key GRDA users shall occur to ensure that GRDA can configure the system in the future to meet changing business requirements, without requiring Bidder assistance.

A.7.3.6. Interface and Integration: Bidder will be responsible for developing any necessary interfaces to external systems. It is expected that any proposed solution would employ a single-entry approach to all data. It is expected that information generally would need to be entered only once into the system. Modules within the system should be integrated in real-time with each other such that batch manual processes are not required to transfer information from one area of the system to another unless that is the preference of GRDA.

A.7.3.7. Training: Bidder will be required to provide a Project Team and End User training plan which will include multiple options for on-site hands-on training (including on-site and virtual) and provide electronic documentation (current user manuals) for core team members and end users. Proposed training hours shall ensure 100% knowledge transfer of all functions to GRDA.

A.7.3.8. Testing: Bidder will be required to provide test plans, including load and acceptance testing plans, to assist GRDA with testing the system. Bidder shall provide on-site assistance during the testing phases to assist users as required. Testing shall include core functionality and integration testing for GRDA’s required interfaces and modifications. Bidder shall assess GRDA’s system readiness, with a parallel testing plan with existing system, before Go Live as part of the testing phase. Inability of bidder to provide 100% of contract required functionality and resolution of system issues may be grounds to reject and terminate the project.

A.7.3.9. Go Live: Bidder is required to be onsite for Go Live with an approved deployment plan. Bidder, in conjunction with GRDA, is required to provide a detailed cut over plan from the legacy to the new system. Bidder will ensure that system is in balance prior to Final Acceptance by GRDA.

A.7.3.10. Post Live: Bidder is required to provide a minimum of ninety (90) days of Post Live Support to resolve any issues. Final acceptance and Sign-off of the system will be completed at the end of Post Live and will be the maintenance effective date.

A.8. Maintenance and Support Bidder is to provide ongoing maintenance and support program.

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B. GENERAL TERMS AND CONDITIONS Any contract or order issued by the Grand River Dam Authority is expressly conditioned upon successful bidder’s assent to these terms and conditions, unless otherwise agreed in writing. Any order issued or filled by successful bidder shall be deemed to constitute successful bidder’s assent to these terms and conditions. Any additional or different terms submitted by the successful bidder are hereby expressly objected to by GRDA unless expressly agreed to in writing by GRDA.

B.1. Mail or deliver all invoices or correspondence pertaining to the payment of the purchase order resulting from this RFP to: Accounts Payable Department, Grand River Dam Authority, P.O. Box 409, 226 West Dwain Willis Avenue, Vinita, Oklahoma 74301 or [email protected]. Successful bidder shall submit invoices, with detailing each agreed item with agreed unit prices. No Oklahoma State Sales or Use Tax shall be included in payment of the contract.

B.2. All articles, materials, equipment and supplies (hereinafter referred to as “items”) covered by the contract, unless otherwise specified, are purchased subject to inspection before and during manufacture and upon arrival at destination. GRDA reserves the right to return for full credit and/or refund, at successful bidder’s sole risks and expense, including all transportation and storage charges, all items found defective or furnished contrary to instructions and/or specifications contained herein.

B.3. Successful bidder warrants that all items covered by the contract will conform to the specifications, drawings, samples or other description furnished by GRDA, or any revisions thereof, and any items purchased pursuant to the contract shall be subject to all warranties expressed or implied by law, and will be merchantable of good material and fit and sufficient for the purpose intended, and shall satisfy any performance guarantee requirements as specified herein by GRDA. In the event the items and/or services purchased hereunder do not meet the warranty specified hereinabove, successful bidder shall promptly repair or replace any defective item at its expense, or re-perform any necessary services, and shall hold GRDA harmless from any and all costs and expenses incurred due to said defective item or performance of services, including the cost for removing any part or product to be repaired or replaced, as well as transportation and installation charges in connection with the repair, replacement or servicing of any parts or equipment. Successful bidder further agrees that the manufacturer’s warranties and guaranties of the items purchased hereunder extended to successful bidder shall extend to GRDA.

B.4. Successful bidder shall indemnify and hold GRDA harmless from and against any and all loss, costs or expenses arising out of any liens or claims in any way related to the items or services furnished hereunder. Successful bidder shall likewise indemnify and hold GRDA harmless from any patent, trademark or copyright infringement, except items supplied in accordance with design originating with GRDA. Successful bidder shall be an independent contractor. Successful bidder shall protect, defend, indemnify and hold GRDA harmless from any damage or injury to any persons, including successful bidder’s employees or property, and from any claim, demand, action, cost or expense arising out of the activities hereunder as a result of successful bidder’s negligent or intentional wrongful acts. In no event shall successful bidder’s liability be limited under the contract for the negligent or intentional wrongful acts of the successful bidder.

B.5. Successful bidder shall, before any items are shipped and/or any services are commenced, provide GRDA with certificates evidencing that the following minimum insurance will remain in force until successful bidder’s obligations are completed: (a) Workmen’s Compensation Insurance, including Employer’s Liability Insurance, in accordance with the laws of the state in which successful bidder may be required to pay compensation; and (b) Public Liability Insurance with an individual limit of not less than $100,000 and a total for any one accident of not less than $300,000, unless otherwise specified herein.

B.6. The contract (including successful bidder’s right to receive payments hereunder) shall not be assigned or subcontracted in whole or in part without GRDA’s prior written consent. No assignment hereof shall relieve this assignor of its obligations hereunder.

B.7. Service Contracts: By submitting a bid for services, the bidder certifies that it, and any proposed Subcontractors, are in compliance with 25 O.S. §1313 and participate in the Status Verification System. The Supplier/Contractor/Consultant/Construction Manager/etc. certifies that it and all proposed Subcontractors, whether known or unknown at the time the contract is executed or awarded, are in compliance with 25 O.S. §1313 and participate in the Status Verification System. The Status Verification System is defined in 25 O.S. §1312 and includes, but is not limited to, the free Employment Verification Program (E-Verify) available at www.dhs.gov/E-Verify. This shall remain in effect through the entire term, including all renewal periods, of the Contract. GRDA may request verification of compliance for any Contractor or Subcontractor. Should GRDA suspect or find the Contractor or any of its Subcontractors are not in compliance, GRDA may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.

B.8. All Items shipped pursuant to the contract will conform with all municipal, state and federal laws, ordinances and regulations, and successful bidder will defend and save harmless GRDA from loss, costs or damage by reason of any actual or alleged violation thereof.

B.9. GRDA hereby notifies successful bidder that successful bidder must comply, and by acceptance of the contract resulting from this RFP, successful bidder represents that it has complied with, and will continue to comply with, all applicable federal, state and local laws, regulations or orders.

B.10. The contract shall be construed as being performed by both parties in Craig County, Oklahoma, and shall be governed in accordance with the laws of the State of Oklahoma.

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C. SPECIAL TERMS AND CONDITIONS C.1. Definitions

C.1.1. Amendment – A written change, addition, alteration, correction, or revision to this RFP issued by GRDA.

C.1.2. Bidder – A business entity submitting a proposal in response to this RFP. When used in this RFP, bidder is synonymous with “company”, “organization”, “provider”, “supplier”, “vendor”, “consultant” or other similar term. This definition is used throughout this RFP.

C.1.3. Change Order – A written change, addition, alteration, correction, or revision to the contract resulting from this RFP. It is used interchangeably with “Addenda”, or “Revision”.

C.1.4. Clarification – An additional explanation on all or parts of solicitation that does not change, alter or supplement the solicitation.

C.1.5. GRDA – Grand River Dam Authority, a government agency of the State of Oklahoma, synonymous “Authority” that is issuing this RFP.

C.1.6. Mandatory - Obligatory, required by order, a provision that may not be waived. The words “shall” or “must” is often used for mandatory provisions.

C.1.7. May or should - Denotes that which is permissible, not mandatory.

C.1.8. Non-Responsive - Responses fail to provide all required information, documents, or materials.

C.1.9. Proposal – an offer the bidders submit in response to this Request for Proposal. It is used interchangeably with “RFP response”, or “solicitation response”, “bid response”, “offer”, “bid”, “response” or other similar term.

C.1.10. Request for Proposal (RFP) – A type of solicitation GRDA provides to bidders requesting submission of proposals for acquisitions. Request for Proposal, Project and Solicitation are synonymous under this RFP and may be used interchangeably.

C.1.11. Source code - The programming instruction for a computer program in its original form, created by a programmer with a text editor or a visual programming tool and saved in a file.

C.1.12. Successful Bidder - The bidder that is awarded a contract. It is used interchangeably with “Contractor”, “Successful Vendor”, “Successful Supplier”, “Company”, “Organization” or “Successful Consultant”. This definition is used throughout this RFP.

C.2. Contract Term, Renewal and Extension Option C.2.1. This is a firm, fixed price, indefinite delivery and indefinite quantity contract. The GRDA may, or may not, buy the

quantity mentioned in this RFP. Any reference to quantity provided in RFP is an estimate only, and shall not serve to obligate the GRDA to purchase any minimum quantity, nor shall any such reference serve to establish any maximum quantity that the bidder is required to furnish.

C.2.2. The initial contract term shall begin on date of award to commence work on this contract and end one (1) year from date of operational acceptance of the application by GRDA unless renewed, extended, or terminated in accordance with applicable contract provisions. The contractor shall not commence work, commit funds, incur costs, or in any way act to obligate GRDA until so notified in writing of the approval of the contract.

C.2.3. The Contract shall be automatically renewed for five (5) successive one-year periods unless early terminated in accordance with applicable contract provisions. Each renewal is referred to as the renewal term on the same terms and conditions as set forth herein for the initial term. Solicitation responses must include detailed costs for year one (1) and explain how costs for optional years are calculated.

C.2.4. GRDA, at its sole option, may choose to exercise an extension for ninety (90) days beyond the final renewal term, at the contract compensation rate for the extended period. If this option is exercised, GRDA shall notify the contractor in writing prior to contract end date. GRDA, at its sole option, may choose to exercise subsequent ninety (90) day extensions, by mutual consent and at the contract compensation rate, to facilitate the finalization of a new award.

C.2.5. The Contract shall not automatically renew upon a party’s written notice of no renewal provided to the other party thirty (30) days prior to the beginning of a renewal term.

C.3. Contract Termination C.3.1. GRDA may terminate this Contract for convenience upon thirty (60) days prior written notice to Contractor or

should the Work be delayed for a period in excess of ninety (90) days due to a force majeure condition. Termination charges in either event will include a portion of the purchase price reflecting the amount of work performed, man hours expended, and materials acquired at the time of termination. These charges will also include the expenses associated with the termination, including, but not limited to, any additional expense incurred

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by reason of termination or cancellation of agreements between Contractor and its suppliers, and any applicable costs allocated in contemplation of performance, including profit and overhead costs associated with the work performed. Contractor will make every reasonable effort to minimize such termination charges. All termination charges shall be due and payable thirty (30) days from the date of receipt of Contractor’s invoice. No interest or penalty shall be charged by Contractor for late payment until forty-five (45) days after receipt of the invoice at GRDA’s office.

C.3.2. Upon termination of the Contract by GRDA, GRDA shall be released from further liability to the Contractor or Surety Company. If the Contractor cannot be located, the payment for any amount owed to the Contractor for work performed shall be held in GRDA funds for the Contractor for a period not to exceed thirty-six (36) months at which time the payment shall be deposited in the GRDA Revenue Fund. This shall release GRDA from any further liability to the Contractor or Surety Company.

C.4. Certification Regarding Debarment, Suspension, and Other Responsibility Matters By submitting an offer to this solicitation:

C.4.1. The prospective primary bidder and any subcontractor certifies to the best of their knowledge and belief, that they:

C.4.1.1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal, State of Oklahoma or local department or agency;

C.4.1.2. Have not within a three-year period preceding this solicitation been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) contract; or for violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

C.4.1.3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph C.4.1.2. of this certification; and

C.4.1.4. Have not within a three-year period preceding this solicitation had one or more public (Federal, State or local) contracts terminated for cause or default.

C.4.2. Where the prospective primary bidder is unable to certify to any of the statements in this certification, such prospective bidder shall attach an explanation to its offer.

C.5. Public Information In accordance with Oklahoma Open Records Act, all responses presented to GRDA as a result of this solicitation, any and all information contained therein are considered public and may be reviewed by any persons interested in doing so.

C.6. Legal Contract C.6.1. Submitted offers are rendered as a legal offer and when accepted by GRDA, shall constitute a contract.

C.6.2. The contract resulting from this solicitation shall consist of the following documents in order of preference:

C.6.2.1. Applicable State of Oklahoma Statutes and GRDA Purchasing Policies and Procedures;

C.6.2.2. Contract award documents consist of:

C.6.2.2.1. Contract Modifications (so called Addenda or Revision or Change Order);

C.6.2.2.2. Purchase Order (so called Blanket Agreement);

C.6.2.3. This solicitation including any amendments; and

C.6.2.4. The successful bidder’s bid response and any modifications thereto to the extent that the offer does not conflict with the requirements of the contract award documents, solicitation or applicable laws.

In the event there is a conflict between any of the preceding documents, the contract award documents prevail over the solicitation, and both the contract award documents and the solicitation shall prevail over the successful offer.

C.6.3. Any contract(s) awarded pursuant to the solicitation shall be legibly written or typed.

C.6.4. By submitting a response to this RFP, bidders acknowledge and agree that they receive, read, understand, and shall be bound by and comply with the contract.

C.7. Indemnity and Liability C.7.1. The Parties intend that each shall be responsible for its own intentional and negligent acts or omissions to act.

GRDA shall be responsible for the acts and omissions to act of its officers and employees while acting within the scope of their employment according to the Governmental Tort Claims Act, Title 51 O.S. § 151 et seq. The Contractor shall be responsible for any damages or personal injury caused by the negligent acts or omissions to

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act by its officers, employees, or agents. The Contractor agrees to hold harmless GRDA of any claims, demands and liabilities resulting from any act or omission on the part of the Contractor and/or its agents, servants, and employees in the performance of the contract. It is the express intention of the parties hereto that this agreement shall not be construed as, or given the effect of, creating a joint venture, partnership or affiliation or association that would otherwise render the parties liable as partners, agents, employer-employee or otherwise create any joint and several liability.

C.7.2. GRDA does not waive any protection it has under the Governmental Tort Claims Act (51 O.S. § 151 et seq.).

C.8. Force Majeure C.8.1. Contractor will not be liable for failure to perform any obligation or delay in performance resulting from or

contributed to by any cause beyond the control of Contractor or its suppliers if such cause was not reasonably foreseeable, or from any act of God; act of civil or military authority; act of war, whether declared or undeclared; act (including delay, failure to act or priority) of any governmental authority or GRDA; civil disturbance; insurrection or riot; sabotage; terrorist activities; fire; earthquake; flood; strike, work stoppage or other labor difficulty; embargo; car shortage; fuel or energy shortage; major equipment breakdown; delay or accident in shipping or transportation; or failure or delay beyond its reasonable control in obtaining necessary manufacturing facilities, labor or materials from usual sources.

C.8.2. In the event of a delay in performance excusable under this Article, the date of delivery or time for performance of the Work will be extended by a period of time reasonably necessary to overcome the effect of the delay.

C.9. Invoicing and Payment C.9.1. Contractor shall be paid upon submission of an accurate and proper invoice(s), as defined by Title 62 O.S. §34.73,

to the agency, at the prices stipulated on the contract. Failure to provide accurate invoices may result in delay of processing invoices for payment.

C.9.2. Interest on late payments made by the State of Oklahoma is governed by Title 62 O.S. §34.71 and 62 O.S. §34.72.

C.10. Patents C.10.1. Contractor will, at its own expense, defend, or, at its option, settle any suit or proceeding brought against GRDA so

far as based on an allegation that any equipment furnished and used by Contractor in furtherance of the Work, work on GRDA’s material, or process performed by Contractor in connection with the equipment/service or use thereof for its intended purpose constitutes an infringement of any United States patent, copyright or trade secret, if Contractor is notified promptly in writing and given authority, information and assistance in a timely manner for the defense of said suit or proceeding. Contractor will pay the damages and costs awarded in any suit or proceeding so defended. Contractor will not be responsible for any settlement of such suit or proceeding made without its prior written consent. In case the process, as a result of any suit or proceeding so defended, is held to constitute infringement of any patent, copyright or trade secret, or its use by GRDA is enjoined, Contractor will, at its option and its own expense, either (i) procure for GRDA the right to continue using said equipment, GRDA’s material or process; (ii) replace it with a substantially equivalent non-infringing equipment, GRDA’s material or process; or (iii) modify the equipment, GRDA’s material or process so it becomes non-infringing.

C.10.2. Contractor will have no duty or obligation to GRDA under this Section to the extent that the equipment, work on GRDA’s material or process is supplied according to GRDA’s instructions wherein compliance therewith has caused Contractor to deviate from its normal course of performance, and by reason of said instruction, a suit is brought against GRDA.

C.11. Right to Refuse Personnel At its sole discretion, the State reserves the right to refuse any personnel, of the prime contractor or a subcontractor, for use in the performance of a contract pursuant to this RFP.

C.12. Waivers C.12.1. The failure of either party to enforce, at any time, any of the provisions of this Contract or to require, at any time,

performance by the other party of any of such provisions, shall in no way be construed to be a waiver of such provision, nor in any way to affect the validity of this Contract, or any parts thereof, or the right of either party thereafter to enforce each and every provision.

C.13. Audit and Records Clause C.13.1. As used in this clause, “records” includes books, documents, accounting procedures and practices, and other data,

regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. In accepting any contract with GRDA, the successful bidder agrees any pertinent State or Federal agency shall have the right to examine and audit all records relevant to execution and performance of the contract.

C.13.2. The successful bidder is required to retain records relative to the contract for the duration of the contract and for a period of seven (7) years following completion and/or termination of the contract. If an audit, litigation, or other action involving such records is started before the end of the seven-year period, the records are required to be

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maintained for two (2) years from the date that all issues arising out of the action are resolved, or until the end of the seven (7) year retention period, whichever is later.

C.14. Employment Relationship The contract does not create an employment relationship. Individuals performing services required by this solicitation or a resulting contract are not employees of GRDA. The contractor’s employees shall not be considered employees of GRDA for any purpose, and accordingly shall not be eligible for rights or benefits accruing to GRDA employees.

C.15. Mutual Responsibilities GRDA and successful bidder agree that under this contract:

C.15.1. Neither party grants the other the right to use any trademarks, trade names, or other designations in any promotion or publication without express written consent by the other party.

C.15.2. This is a non-exclusive contract and each party is free to enter into similar contracts with others.

C.15.3. Each party grants the other only the licenses and rights specified. No other licenses or rights (including licenses or rights under patents) are granted.

C.15.4. Where approval, acceptance, consent, or similar action by either party is required under this contract, such action shall not be unreasonably delayed or withheld.

C.16. Electronic and Information Technology Accessibility Pursuant to Title 74, Section 85.7d. and as adopted by GRDA electronic and information technology procurements, solicitations, agreements, and contracts shall comply with applicable Oklahoma Information Technology Accessibility Standards issued by the Oklahoma Office of State Finance.

EIT Standards may be found at http://www.ok.gov/DCS/Central_Purchasing/VPAT_&_Accessibility.html or http://www.ok.gov/OSF/documents/isd_itas.doc.

1) For Information Technology or Communications Products, Systems and Applications not requiring development and/or customization. The successful bidder shall provide a description of conformance with the applicable Oklahoma Information Technology Accessibility Standards for the proposed product, system, or application by means of either a Voluntary Product Accessibility Template (VPAT) or other comparable document, upon request.

The successful bidder shall indemnify and hold harmless the State of Oklahoma and any Oklahoma Government entity purchasing the products, systems, or applications not requiring development and/or customized by the successful bidder from any claim arising out of the successful bidder’s failure to comply with applicable Oklahoma Information Technology Accessibility Standards subsequent to providing certification of compliance to such Standards.

2) For Information Technology or Communications Products, Systems or Applications requiring development and/or customization. The successful bidder shall provide a description of conformance with the applicable Oklahoma Information Technology Accessibility Standards for the proposed product, system, or application developed and/or customized by means of either a Voluntary Product Accessibility Template (VPAT) or other comparable document, upon request. Additional requirements and documentation may be required and compliance shall be necessary on the successful bidder’s part. Such requirements shall be stated in documents such as State Bids, Request for Proposals, Contracts, Agreements, Purchase Orders, and Amendments.

The successful bidder shall indemnify and hold harmless GRDA from any claim arising out of the successful bidder’s failure to comply with applicable Oklahoma Information Technology Accessibility Standards subsequent to providing certification of compliance to such Standards. However, the successful bidder shall no longer have an obligation to indemnify GRDA for liability resulting from products, systems or applications developed and/or customized that are not in compliance with applicable Oklahoma Information Technology Accessibility Standards (“Standards”) after GRDA has tested and confirmed that the product, system or application meets the accessibility requirements in the Standards.

C.17. Conflict of Interest Successful bidder must disclose any contractual relationship or any other relevant contact with any GRDA personnel, or other State contractors involved in the development of this solicitation that result in a contract. Any conflict of interest shall, at the sole discretion of GRDA, be grounds for termination of project involvement; provided that such termination must be made within a reasonable time after disclosure of such relationships or contacts.

In addition to any requirements of law or through a professional code of ethics or conduct, the successful bidder and the successful bidder’s employees performing services for GRDA are required to disclose any outside activities or interests that conflict or may conflict with the best interests of GRDA. Further, such employees shall not plan, prepare, or engage in any activity that conflicts or may conflict with the best interests of GRDA during the period of this contract without prior written approval of GRDA. Prompt disclosure is required under this paragraph if the activity or interest is related, directly or indirectly, to any person or entity currently under contract with or seeking to do business with GRDA, its employees, other third-party individuals, or entities holding contracts with GRDA.

C.18. Right to Renegotiate

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C.18.1. Prior to exercising the GRDA’s right to cancel a contract, GRDA may renegotiate an existing contract with a contractor for the purpose of obtaining more favorable terms for GRDA.

C.18.2. POST AWARD MODIFICATIONS - Following contract award, during the term of the contract, including any optional renewal periods, or prior to renewal of the contract, GRDA may make changes or revisions within the scope of work of the contract resulting from this RFP. The GRDA and the contractor may negotiate in good faith adjustments to terms, conditions, prices or other matters of mutual concern and interest. Such negotiations may be conducted in person, in writing, or by telephone and result in an addendum or modification to the contract.

C.19. Publicity The award of this contract to contractor is not in any way an endorsement of contractor or contractor’s services by GRDA and shall not be so construed by contractor in any advertising or publicity materials. Contractor agrees to submit to GRDA all advertising, sales promotion, and other publicity matters relating to this contract wherein GRDA’s name is mentioned or language used from which the connection of GRDA’s name therewith may, in the GRDA’s judgment, be inferred or implied. Contractor further agrees not to publish or use such advertising, sales promotion, or publicity matter without the prior written consent of GRDA. Nor shall contractor release any informational pamphlets, notices, press releases, research reports, or similar public notices concerning this project without obtaining the prior written approval of GRDA.

C.20. Source Code Escrow No State agency, as defined by Section 250.3 of Title 75 of the Oklahoma Statutes, nor the Purchasing Division of the Department of Central Services, unless otherwise provided by Federal law, shall enter into a contract for the acquisition of customized computer software developed or modified exclusively for the agency or the State, unless the contractor agrees to place into escrow with an independent third party the source code for the software and/or modifications.

The contractor must agree to place the source code for the software and any upgrades supplied to the GRDA in escrow with a third party acceptable to the GRDA and to enter into a customary source code escrow agreement which includes a provision that entitles the GRDA to receive everything held in escrow upon the occurrence of any of the following:

C.20.1. A bona fide material default of the obligations of the contractor under the agreement with the agency;

C.20.2. An assignment by the contractor for the benefit of its creditors;

C.20.3. A failure by the contractor to pay, or an admission by the contractor of its inability to pay, its debts as they mature;

C.20.4. The filing of a petition in bankruptcy by or against the contractor when such petition is not dismissed within sixty (60) days of the filing date;

C.20.5. The appointment of a receiver, liquidator or trustee appointed for any substantial part of the contractor’s property;

C.20.6. The inability or unwillingness of the contractor to provide the maintenance and support services in accordance with the agreement with the GRDA; or

C.20.7. The ceasing of a contractor of maintenance and support of the software.

The fees of any third-party escrow agent subject to this section shall be borne by the contractor.

C.21. Contractors and Sub-Contractors Obligations C.21.1. The contractor agrees that its responsibilities within this contract are unique and may not be assigned or delegated

without the written approval of GRDA. If the contractor cannot perform the services, as identified in the contract, the contractor shall be responsible for subcontracting the services and making alternative arrangements for the provision of the services, only with the prior written approval from the GRDA. The terms of this contract shall be included in any subcontract. Contractor will be liable for any and all additional costs and expenses arising from such subcontract. The contractor shall remain solely responsible for the performance of this contract.

C.21.2. All payments for products or services shall be made directly to the contractor. If sub-contractors are to be used, the sub-contractors shall be identified in the Proposal and shall include the nature of the services to be performed. GRDA reserves the right to approve any and all sub-contractors providing services under this contract.

C.21.3. All contractor and sub-contractor changes after award, including changes of the actual employees performing services on this contract, are subject to approval by GRDA. No payments shall be made to the contractor for services performed pursuant to this contract by unapproved employees of a sub-contractor.

C.21.4. Contractor's employees or agents, if any, who perform services for GRDA under this agreement shall also be bound by the provisions of this agreement. At the request of GRDA, contractor shall provide adequate evidence that such persons are their employees or agents. In accordance with the section on "Employment Relationship" (Section C.7), GRDA shall not be responsible to contractor’s employees for any employee benefit or any obligation relating to employment, including health insurance benefits, workers' compensation insurance, paid vacation, or any other employee benefit.

C.22. Confidentiality

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C.22.1. Contractor agrees to accept and hold drawings, specifications, identified computer software, materials and information furnished by GRDA hereunder in complete confidence, and further agrees not to divulge such to any third party or use the same for its own benefit, except to the extent of performing the work hereunder. Contractor agrees to return all originals and copies of such data and all ancillary information derived therefrom to GRDA promptly upon its request or termination of this Contract, whichever occurs first.

C.22.2. Contractor may have a proprietary interest in information that may be furnished pursuant to the Contract. GRDA will keep in confidence and will not disclose any such information which is specifically designated in writing as being proprietary to Contractor without the prior written permission of Contractor or use any such information for other than the purpose for which it is supplied. The provisions of this paragraph shall not apply to information, notwithstanding any confidential designation thereof, which is known to GRDA without any restriction as to disclosure or use at the time it is furnished, which is or becomes generally available to the public without breach of any contract, or which is received from a third party without limitation or restriction on said third party or GRDA at the time of disclosure. Contractor also has a proprietary interest in the quotation and the Contract. Accordingly, neither document will be disclosed in whole or in part to third parties without the prior written permission of Contractor. Recording of training programs by video or audio devices is prohibited.

C.22.3. When required by appropriate governmental authority, including governmental regulations, applicable law or regulation, by order of a court of competent jurisdiction or lawful subpoena (hereinafter collectively referred to as "Governmental Authority"), GRDA may disclose such proprietary information to such Governmental Authority; provided, however, that prior to making any such disclosure, GRDA will: (a) provide Contractor with timely advance written notice of the proprietary information requested by such Governmental Authority and GRDA's intent to so disclose: (b) minimize the amount of proprietary information to be provided consonant with the interests of Contractor and its Suppliers and the Requirements of the Governmental Authority involved; and (c) make every reasonable effort (which shall include participation by Contractor in discussions with the Governmental Authority involved) to secure confidential treatment and minimization of the proprietary information to be provided. In the event that efforts to secure confidential treatment are unsuccessful, Contractor shall have the prior right to revise such information to minimize the disclosure of such information in a manner consonant with its interests and the requirements of the Governmental Authority involved.

C.23. Forfeiture Bond or Alternate Security A Forfeiture Bond issued in a sum equal to One Hundred percent (100%) of the total implementation fees, by a Surety company considered satisfactory by GRDA and otherwise authorized to transact business in the State of Oklahoma, shall be required from the successful bidder for the purpose of insuring the faithful performance of the obligations imposed by the resulting Agreement. The bond shall name GRDA as the sole beneficiary and provide it the right to call such bond upon successful bidder’s uncured breach of the Agreement. No work shall be performed by the successful bidder until such bond has been accepted by GRDA. In lieu of the Bond required by this section, the successful bidder may file with GRDA an alternative form of security which shall be in the form of money order, certified check, cashier's check, irrevocable letter of credit, or alternative securities. Such alternative forms of security shall be for the same purpose and shall be subject to the same conditions as those applicable to the Bonds required by this section.

The determination of the value of such alternative forms of security shall be made by GRDA. Prior to exercising its right to call the bond, GRDA shall notify the successful bidder in writing, specifying in reasonable detail the reason for the claimed breach, as soon as practicable after discovery of the breach. The successful bidder shall have thirty (30) calendar days to cure the alleged breach or issue a notice disputing the alleged breach provided, however, that in the event that the breach cannot be cured within thirty (30) days, the successful bidder shall provide a corrective action plan within ten (10) days of notification of breach and shall have an additional sixty (60) days to cure.

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D. BIDDING INFORMATION D.1. General Information

D.1.1. All proposals submitted in response to this RFP become the property of the GRDA and will not be returned.

D.1.2. All costs incurred by the bidders for proposal preparation and participation in this competitive procurement will be the sole responsibility of the bidders. The GRDA will not reimburse any bidders for any such costs.

D.1.3. GRDA reserves the right to withdraw the RFP at any time during the procurement process. Issuance of this RFP in no way obligates the GRDA to award or issue a contract or to pay any costs incurred by any bidders as a result of such a withdrawal.

D.1.4. GRDA reserves the right to reject any and all bids, and to contract as the best interests of the Authority may require. GRDA reserves the right to reject any bids that do not comply with the requirements and specifications of the Request for Proposal. All bid responses become the property of GRDA and are subject to the Oklahoma Open Records Act. GRDA shall endeavor to protect technical information designated by the bidder as proprietary information; however, only technical information (i.e., “trade secrets”) may be considered proprietary – pricing and other non-technical aspects of the proposal shall be considered non-proprietary.

D.1.5. In the event the unit price and line total extension do not agree, the unit price shall be considered the proposed price accepted for evaluation.

D.1.6. Insurance Certificates - Any service to be performed that requires the bidder’s employee, vehicle or equipment to be on any GRDA property must be covered by minimum insurance requirements. The work scope to be performed for the Authority shall be evaluated and the minimum insurance requirements shall be provided to prospective the form of a Certificate of Insurance, and may be submitted with the bid response. Bidders shall disclose any subcontractors to be used, and the Authority shall consider the bidder as the single point of contact. The bidder shall assume responsibility for the performance of the subcontractor. Policies shall remain current for the duration of the requested service period, and GRDA shall be notified of any cancellation or revision to policies. Purchase Orders (PO) shall not be released to the successful bidder without a current Certificate of Insurance naming GRDA as certificate holder on file. A Memorandum of Insurance shall not be acceptable for this requirement.

D.1.7. Bidder Responsibilities - Bidders are to transact all phases of the purchasing function directly with the GRDA - Contracting & Acquisitions Agent. Bidders are to conduct all written and verbal communication with the Authority through the GRDA Contracting & Acquisitions Agent. Bidders are to conduct negotiations ethically, without attempts to influence through offers of valuable personal gifts or entertainment. Bidders are to make available as requested any technical information which might be of benefit in the bid evaluation.

D.1.8. Service Contracts - By submitting a bid for services, the bidder certifies that they, and any proposed subcontractors, are in compliance with 25 O.S. §1313 and participate in the Status Verification System. The Status Verification System is defined in 25 O.S. §1312 and includes, but is not limited to, the free Employment Verification Program (E-Verify) available at www.dhs.gov/E-Verify. This shall remain in effect through the entire term, including all renewal periods, of the contract. GRDA may request verification of compliance for any contractor or subcontractor. Should GRDA suspect or find the contractor or any of its subcontractors are not in compliance, GRDA may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the contract for default, and suspension or debarment of the successful bidder. All costs necessary to verify compliance are the responsibility of the successful bidder.

D.1.9. Offer Change - If the bidder needs to change an offer prior to the solicitation response due date, a new offer shall be submitted to GRDA with the following statement “This offer supersedes the offer previously submitted” in a single envelope, package, or container and shall be sealed. The name and address of the bidder shall be inserted in the upper left corner of the single envelope, package, or container. SOLICITATION NUMBER AND SOLICITATION RESPONSE DUE DATE AND TIME MUST APPEAR ON THE FACE OF THE SINGLE ENVELOPE, PACKAGE, OR CONTAINER.

D.2. Confidentiality of GRDA Information All additional information specific to GRDA offices and processes requested and gathered by bidders in the process of preparing a proposal is to be considered confidential when notified by GRDA.

D.3. RFP Contents If a bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, the bidder must immediately notify within a timeframe specified in the Schedule of Events the Contracting Officer in writing of such error and request modification or clarification. If GRDA issues an amendment or clarification, it will be posted to the GRDA Web site.

If, prior to the deadline for submission of questions, a bidder fails to notify the Contracting Officer of a known error or omission in the RFP or an error that reasonably should have been known to the bidder and if a contract is awarded to the bidder, the bidder shall not be entitled to additional compensation or time by reason of the error or its later correction.

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D.4. Gratuities The right of the successful bidder to perform under this contract may be terminated by written notice, if the GRDA determines that the successful bidder, or its agent or another representative offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official or employee of GRDA.

D.5. Pricing: D.5.1. ALL travel expenses to be incurred by the successful bidder in performance of the contract must be billed in

accordance with the State Travel Reimbursement Act.

D.5.2. Offers shall remain firm for a minimum of one-twenty (120) days from the solicitation closing date. Extension may be requested for the same offers to allow time for evaluation or approval by the GRDA Board of Directors.

D.5.3. Bidders guarantee unit prices to be correct.

D.5.4. All costs incurred by the bidders for proposal preparation and participation in this competitive procurement shall be the sole responsibility of the bidders. GRDA shall not reimburse any bidder for any such costs.

D.6. Solicitation Amendments or Clarification D.6.1. No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in

the solicitation. All amendments or clarification to the solicitation shall be made in writing by GRDA.

D.6.2. It is the bidder’s responsibility to check the GRDA website frequently for any possible amendments or clarification that may be issued. GRDA is not responsible for the bidder’s failure to acknowledge any amendment or clarification documents required to complete a solicitation.

D.6.3. If any bidder contemplating the submission of a response is in doubt as to the true meaning of any part of the scope of work or other aspects of the solicitation, a written request for an interpretation should be submitted. Questions or requests for interpretations shall clearly state, in detail, the basis for such question(s) or request(s) including a reference to the specific paragraph or language in the solicitation. Modifications to solicitations will be made only by properly issued written amendments. All such amendments shall become part of the solicitation and resulting contract documents. GRDA shall only be responsible for explanations or interpretations that are issued in accordance herewith.

D.6.4. Failure to comply with this provision may result in the bidder waiving his/her right to dispute any aspect of the solicitation.

D.7. Proprietary and/or Confidential D.7.1. Bidders claiming any portion of their offer as proprietary or confidential must specifically identify what documents or

portions of documents they consider confidential and identify supporting statements or applicable law of their claim of confidentiality. GRDA shall make the final decision as to whether the documentation or information is confidential pursuant to Oklahoma Open Records Act.

D.7.2. If a bidder believes that particular information requested by the RFP for evaluation purposes is proprietary, the bidder shall submit that information separate and apart from its response and mark it Proprietary and Confidential. If GRDA in its sole discretion agrees the information is proprietary, GRDA will maintain the information as Confidential. If GRDA does not acknowledge the information as proprietary, GRDA will return or destroy the information with proper notice to the bidder and the evaluation will be completed without consideration of the information marked Proprietary. PROPOSALS MARKED, IN TOTAL, AS PROPRIETARY and/or CONFIDENTAIL SHALL NOT BE CONSIDERED.

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E. EVALUATION E.1. GRDA intends to make a single award deemed to offer the best value to GRDA. The GRDA has obtained proposal from

SAP and Oracle thru GSA contracts. GRDA intends to evaluate potential solutions utilizing Microsoft Dynamics SL, AX and/or GP through this RFP. The proposal from the selected Microsoft Dynamics bidder will be evaluated against proposals from SAP and Oracle. The award will be made to the best qualified proposal deemed to be in the GRDA’s best interest.

E.2. In order for solicitation responses to be considered acceptable and eligible for award, they must be prepared and address those factors required in the section F.4.

E.3. GRDA reserves the right to accept or reject any and all proposals, in whole or in part, that are deemed to be in the best interest of GRDA at its sole discretion.

E.4. GRDA does not guarantee an award of the contract. The RFP may be cancelled at any time by GRDA at its sole discretion.

E.5. GRDA reserves the right to obtain certain equipment or software products specified herein through Contracts established by other governmental agencies or through separate procurement actions, based on the best interests of GRDA or when such products are not available from the successful bidder’s system.

E.6. Proposal Clarification During evaluation process, GRDA reserves the right, at its sole discretion, to request clarifications of technical or price proposals or to conduct discussions for the purpose of clarification with any or all bidders. The purpose of any such discussions shall be to ensure full understanding of the bidder’s proposal. If clarifications are made because of such discussion, the bidder(s) shall put such clarifications in writing.

E.7. Right to Waive Minor Irregularities GRDA reserves the right to waive minor irregularities in the bidders’ responses. GRDA also reserves the right to waive non-mandatory requirements where GRDA deems such waiver to be in the best interests of GRDA.

E.8. Competitive Negotiations of Offers GRDA reserves the right to negotiate with one, selected, all or none of the bidders responding to this solicitation to obtain the best value to GRDA. Negotiations could entail discussions on products, services, pricing, contract terminology or any other issues that may mitigate the GRDA’s risks. GRDA shall consider all issues negotiable and not artificially constrained by internal corporate policies. Negotiation may be with one or more bidders, for any and all items in the bidder’s offer.

Bidders that contend that they lack flexibility because of their corporate policy on a particular negotiation item shall face a significant disadvantage and may not be considered.

If such negotiations are conducted, the following conditions shall apply:

E.8.1. Negotiations may be conducted in person, in writing, or by telephone.

E.8.2. Negotiations may be conducted with potentially acceptable offers only. GRDA reserves the right to limit negotiations to those offers that received the highest rankings during the initial evaluation phase.

E.8.3. Terms, conditions, prices, methodology, or other features of the bidder’s offer may be subject to negotiations and subsequent revision. As part of the negotiations, the bidder may be required to submit supporting financial, pricing, and other data in order to allow a detailed evaluation of the feasibility, reasonableness, and acceptability of the offer.

E.8.4. The mandatory requirements of the Request for Proposal may not be negotiable and may remain unchanged unless GRDA determines that a change in such requirements is in the best interest of GRDA.

E.8.5. BEST and FINAL – GRDA may request best and final offers if deemed necessary, and shall determine the scope and subject of any best and final request. However, the bidder should not expect an opportunity to strengthen its offer during negotiation and should submit its best offer based on the terms and condition set forth in this solicitation.

E.9. Bidder Qualifications Evaluation GRDA may obtain information as necessary by following up on the information provided by the bidder and/or through other sources to determine or verify the ability of bidder to perform services under this contract.

E.10. Evaluation Criteria All responses to this solicitation will be reviewed to determine the award based on “Best Value” evaluation method. The evaluation criteria include but not limited to, the following factors (not in order of importance):

E.10.1. Organization and Key Personnel

E.10.2. Technical proposal

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E.10.3. Cost

E.10.4. Demonstration (highest ranking bidder only)

E.11. Evaluation Process The evaluation process consists of two (2) phases. Note: The following evaluation process is not presented in any sequence as any selection steps may overlap the others or be evaluated simultaneously in the evaluation.

E.11.1. Evaluation - Phase 1

E.11.1.1. Determination of responsiveness – Pass/Fail

E.11.1.2. Determination of responsibility – Pass/Fail and Weighted Score

E.11.1.3. Cost – Review only

E.11.2. Evaluation – Phase 2

E.11.2.1. Demonstration – Weighted Score (highest ranking bidders only)

E.11.2.2. Cost – Weighted Score

E.11.3. Pre-award Negotiation - Phase 3

E.11.3.1. Negotiation on legal terms and conditions – Pass/Fail

E.11.3.2. Negotiation on other items – Pass/Fail

E.12. Evaluation Phase 1: E.12.1. Determination of responsiveness: All bid proposals received by the RFP due date and time will be reviewed

based on the required forms and information in Tab 1. Bidders failing to submit the required documents as required in Tab 1 may be given 48 hours from the notification date by the Contracting Officer to remedy such oversight to be considered as responsive.

E.12.2. Determination of responsibility: All responsive proposals will be evaluated based on requested information in Tab 2 and Tab 3 by the GRDA evaluation committee and the Contracting Officer.

E.12.3. Cost: Cost as required in Tab 4 will serve as preliminary cost proposals and be reviewed by the GRDA evaluation committee.

E.13. Evaluation Phase 2: E.13.1. Demonstration of Proposed ERP Application (scored): In the event that GRDA receives responses for both

Dynamics AX and GP, or responses for extension/re-implementation of the existing Dynamics SL solution, the highest ranking bidder for each Dynamic system based on combined score from E.12.2 and E.12.3 will be selected and proceed to an additional level of due diligence by presenting their proposed solution and demonstrating their proposed systems (as necessary) to the Evaluation Committee. The solution presentation(s)/demonstration(s) should be conducted via bidder’s web conference. Bidder(s) should prepare contents of the presentation(s)/demonstration(s) in advance based on, at a minimum, the provided presentation/demonstration checklist as indicated in Tab 5. Exact date and time will be given to the bidder(s) by the Contracting Officer.

E.13.2. Current GRDA ERP and Technology Environment (discussion): On the demonstration day, bidder shall conduct an interview with the GRDA ERP team to assess and document current business processes and workflows. The goal of the interview is for bidder to assemble all information necessary to ensure better understanding of RFP requirements and prepared the best and final cost proposals to GRDA.

E.13.3. Cost Evaluation (scored): The final and best cost proposals from bidder submitted at the specified time by GRDA will be evaluated and scored.

E.14. Pre-Award Negotiation Phase 3: Based on score from Phase 2, the Dynamics solution bidder will be selected and evaluated against the proposals GRDA obtain from SAP and Oracle. The intent-to-award announcement will be made to the best qualified proposal deemed to be in the GRDA’s best interest.

The intent-to-award bidder will enter to the negotiation phase(s) on terms and conditions and other items. In the event that all items are mutually agreed by parties, the award will be made once approved by the GRDA Board of Directors and Office of Management and Enterprise Services (OMES).

In the event that the negotiation is unsuccessful, GRDA reserves the right to invite the next highest ranking bidder for negotiation.

The bidder selected for an award will be the one whose Proposal is responsive, responsible, and is the most advantageous to GRDA, as determined by GRDA in its sole discretion.

E.15. Post-award

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All information specific to GRDA offices and processes gathered by successful bidder in the process of executing the awarded contract is to be considered confidential. Signed confidentiality agreement may be required upon award of the contract.

Upon award of contract GRDA will require a 7-year background check for all successful bidder’s personnel working onsite at GRDA locations.

Source code escrow in Section C.20 may be required upon acceptance of the work.

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F. PROPOSAL PREPARATION F.1. General

The bidder must follow instructions contained in this RFP in preparing and submitting its bid response. The bidder is advised to thoroughly read and follow all instructions.

The information required to be submitted in response to this RFP has been determined to be essential in evaluation and contract award process.

It is imperative that each bidder realizes that what is written in bidder’s proposal, discussed in the selection process, demonstration, clarification or negotiation meetings will become part of the successful bidder’s final response and part of the contract documents.

F.2. Proposal Content and Format The response should be typewritten on standard 8 ½ x 11 paper (larger paper is permissible for charts and spreadsheets), single sided, with numbered pages. The response should be prepared simply and economically in strict accordance with the format and instructional requirements of this solicitation and in the same numerical and sequential order, and clearly labeled by tabs to ensure a fair, equitable, and timely evaluation. Responses should be a concise delineation of bidder’s capabilities to satisfy the requirements of the information requested, with emphasis on completeness and clarity of content.

GRDA reserves the right to reject any and all responses submitted that fail to conform to the requirements of the RFP and to request additional information from any bidder submitting a response. Bidders must ensure that offers are current and accurate. Incomplete responses or responses that are not prepared in accordance with this RFP may be eliminated from the evaluation process.

TAB 1 – Required Forms and Information

TAB 2 – Organization and Key Personnel

TAB 3 – Technical Proposal

TAB 4 – Cost Proposal

TAB 5 – Demonstration Checklist

PORTION OF PAGE INTENTIONALLY LEFT BLANK

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F.3. Overview of Proposal Contents The following table describes the format of the proposal that should be prepared in the following order.

TAB # TITLE SECTION REFERENCE CONTENTS

1 Required Forms and Information

Tab A Section F.4.1 and Attachment # A Complete RFP Cover Page and e-Pay Information

Tab A Section F.4.2 and Attachment # B Complete Non Collusion Affidavit

Posted to the Web Acknowledgement of Amendment(s), if any

Section C.23 and Attachment E

A copy of Worker Insurance Certificate. Other required insurances and bond or alternate will be submitted by the successful bidder upon request by GRDA.

Section C.16 and Tab A Section F.4.5 and Attachment C

Complete VPAT Form for Software Applications and Operating Systems will be submitted by the successful bidder upon request by GRDA.

Tab A Sections F.4.6 and C.22 and D.7 Proprietary/Confidential Information, if any

Sections B, C and F.4.7 Bidder’s standard terms and conditions

2 Organization and Key Personnel

Sections A.4, A.5, F.4.8 F.4.9 and all following sub-sections, and Attachment D

Company narrative Qualification and experience of key personnel Prior experience Past performance checks on bidder and Project Manager

3 Technical Proposal Sections A.6 thru A.8 F.4.10 and F.4.16 and all following sub-sections

Detail response to RFP requirements and technical plan

4 Cost Proposal Tab 4 Section F.4.17 and all sub-sections Detail Preliminary project costs from years #1 thru 5

5 Presentation/Demons

tration Checklist Tab 5 Complete the provided presentation/demonstration checklist (all worksheets)

F.4. Detailed Proposal Contents IMPORTANT Note: Requirements for Signing Proposal. Every page on the bottom right corner of the proposal must be signed in ink by an individual authorized to legally bind the organization submitting the proposal. This person must be the same person who signs on the Non-Collusion affidavit.

Responses should be prepared in the same numerical order as described in this section.

TAB 1 – Required Forms and Information

Bidder is to submit all forms required for this section. Absence of any of the required documents or failure to remedy its oversight may result in a response being non-responsive.

F.4.1. Complete RFP Cover Page and e-Pay information – Attachment # A

F.4.2. Complete Non Collusion Affidavit – Attachment # B. Used the form as provided in attachment # B in this RFP to complete it.

F.4.3. Acknowledgement of Amendment(s), if any. Bidder shall acknowledge all amendments associated to this RFP by either attaching the amendments or providing a statement of acknowledgement.

F.4.4. A copy of Workers Compensation Insurance; other required insurances and bond or alternative security may be submitted upon request after award of contract.

F.4.5. VPAT Form # 053-4.2 (See details in Attachment # C) – This may be submitted upon request.

F.4.6. Proprietary Information - Attach a letter identifying, if any, proprietary information included in the proposal along with proprietary pages.

F.4.7. Bidder’s standard terms and conditions - Bidder shall provide a sample of their standard software license, implementation services, and annual support and maintenance agreements. Bidder shall indicate any exception(s)

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to the general terms and conditions of the RFP. Please indicate the nature of the exception(s) and the changes suggested by the bidder.

TAB 2 – Organization and Key Personnel

F.4.8. Background and Experience

F.4.8.1. Management Summary (Pass/Fail)

Bidders shall provide a cover letter indicating the underlying philosophy of the firm in providing the service described in this RFP.

F.4.8.2. Proposal Summary (Pass/Fail)

Please provide a brief summary of the solution being offered and how the work described in the Scope of Work will be satisfied. The summary should be limited to no more than three (3) pages, should contain as little technical jargon as possible, and should be oriented toward non-technical personnel.

F.4.8.3. Company Profile and Previous Project Information (Pass/Fail)

Address and provide the following information about Bidder’s company:

F.4.8.3.1. Company history, including description of primary business and number of years in business

F.4.8.3.2. Number of customers utilizing the proposed solution in the United States

F.4.8.3.3. Location of corporate head office

F.4.8.3.4. Description of any company subsidiaries

F.4.8.3.5. Total employees

F.4.8.3.6. Approximate annual revenue for the last two (2) years - include a copy of company’s audited financial statements for the last two (2) years

F.4.8.3.7. Describe and disclose any involvement in any major litigation that may potentially impact the bidder’s ability to support this installation project and ongoing support and maintenance.

F.4.8.3.8. Key reasons GRDA should select this Bidder

F.4.8.3.9. Total number of active clients for ERP system supported on proposed (or similar) solution

F.4.8.3.10. Total number of active government clients for ERP system on proposed (or similar) solution

F.4.8.3.11. Largest active government installation, including population

F.4.8.4. Prior Experience (Pass/Fail)

Bidder is to provide three (3) prior experiences in providing services of similar scope for the past five (5) years. This list shall, at a minimum, contain:

F.4.8.4.1. Project description and size

F.4.8.4.2. Year that the software was installed and the version of the software

F.4.8.4.3. Completion date

F.4.8.4.4. Contact name, address, and phone number

F.4.8.5. Client Reference for Similar Work Performed (Weighted Score)

a. Bidder is to prepare and send out three (3) survey questionnaires in Attachment D to their three (3) different clients for the projects as described in Section F.4.8.4.

b. All surveys MUST be returned directly to the GRDA Contracting Officers no later than the bid opening date and time. GRDA is not responsible for uncollected and/or unreturned surveys.

c. Each bidder is responsible for making sure that its clients receive the surveys, complete the surveys, and return the surveys to the GRDA Contracting Officer.

F.4.9. Key Personnel (Pass/Fail)

Provide the resumes of the proposed project key personnel as well as the structure of the proposed project team. Resumes shall be specific to the actual personnel to be assigned to this project for all primary roles.

TAB 3 – Technical Proposal F.4.10. Proposed Solution (Scored)

Through this RFP, GRDA intends to accomplish the acquisition, installation and implementation of a commercially available and proven ERP client hosted system. GRDA requires that all bidders a single vendor, or systems integrator, propose the

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system software, including the acquisition, installation, and implementation of a new ERP system necessary and/or additional Microsoft Dynamics or Certified Partner modules to include production and test environments. Bidder may and should coordinate and leverage their relationship as a Vendor Partner with Microsoft Corporation to complete this project. Subcontractors may be used for portions of the project, and it is required that the selected vendor, or systems integrator, and any subcontractors will provide complete system implementation services, including data conversion, installation, training, software modification and custom development (if required), as well as comprehensive project management.

Bidder is to provide an overview of the proposed on-site hosting product(s) including version, release history, recent enhancements, proposed modules (also see A.7.2), reporting tools. For potential third party products proposed that are integrated with the bidder’s solution, provide the following for each product: (a) reason that this product is a third party product versus being part of the software vendor’s solution and (b) extent to which this third party product is integrated with the vendor’s solution.

F.4.11. Technical Requirements (Scored)

F.4.11.1. Describe the database platform(s) for the proposed solution.

F.4.11.2. Describe the operating system(s) for the proposed solution.

F.4.11.3. Describe the technical architecture required for the application.

F.4.11.4. Describe the preferred database, hardware, and configuration for the proposed software.

F.4.11.5. Specify the recommended desktop requirements.

F.4.11.6. Specify the recommended production server requirements.

F.4.11.7. Specify the recommended test server requirements.

F.4.11.8. Describe current internet and intranet capabilities.

F.4.11.9. Describe the level of security provided by your application (user, user group, table, field, and active directory integration). Describe security administration delegation for individual modules within the system.

F.4.11.10. Describe the business continuity and disaster recovery options in response to a catastrophic event.

F.4.11.11. Identify any third party software products used within the proposed system configuration.

F.4.11.12. What options are available for system warranty with the product and any third party software or hardware?

F.4.11.13. Describe the type of reporting the system uses (Cognos, SQL, Crystal, etc.).

F.4.11.14. Address scalability baseline and potential.

F.4.11.15. Address performance benchmarks and show how the proposed system will efficiently meet GRDA needs.

F.4.11.16. Does the bidder guarantee that a copy of the application software and source code, and all upgrades provided, will be available for purchase by GRDA or kept in an escrow account managed by an escrow agent as long as the product(s) are in use? – Optional for major software customization only.

F.4.11.17. Please explicitly state the name of any third-party products that are part of the proposed solution to the GRDA’s list of requirements. For each third-party product, there should be a statement about whether the bidder’s contract would encompass the third-party product and/or whether the GRDA would have to contract on its own for the product.

F.4.12. Implementation (Scored)

F.4.12.1. Provide a narrative description of the proposed implementation approach, identifying key project phases. GRDA understands that given the limited specific requirements referenced, extensive Business Process Analysis will be necessary prior to establishment of schedule for configuration, installation, and Go-Live. Bidder may estimate all phases past the analysis phase if desired, but these will not be required, nor given additional weight if presented. These steps may include, but are not limited to, project initiation and planning, installation, business process analysis, data conversion, system configuration, custom development, training, testing, development, final system acceptance, Go Live, warranty period and post live support. Bidder may include a proposed schedule with tasks and milestones representative of the potential project timeline.

• The proposed schedule shall start on date of contract award.

• The proposed schedule and work breakdown structure diagram shall show tasks be performed by both GRDA and the bidder.

• The potential project timeline shall include important milestones and logical breakpoints during which GRDA and the bidder shall assess the progress to date, and prepare for the next phase.

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• The first milestone of bidder’s timeline will be contract award. All other events will be referenced in number of days from contract award.

F.4.12.2. Provide a detailed description of the recommended general data conversion process that will be employed for this project the bidder has traditionally employed for projects of this nature.

F.4.12.3. Describe the tools used to manage project schedules, communication, and risk.

F.4.12.4. Describe the Vendor’s Change Order process.

F.4.12.5. Describe the methodology and plan used to ensure that issues are resolved in a timely manner.

F.4.12.6. Describe the method of quality assurance testing of fixes, patches, and enhancements in the company’s similar environment prior to delivery to GRDA.

F.4.12.7. Describe the services bidder provides around disaster recovery, if any, as part of bidder’s proposed solution.

F.4.13. Integrations and Interfaces (Scored)

It is expected that any proposed solution would employ a single-entry approach to all data. information generally would need to be entered only once into the system. Modules within the system should be integrated in real-time with each other such that batch manual processes are not required to transfer information from one area of the system to another unless that is the preference of GRDA.

F.4.13.1. Describe the extent to which the various modules are integrated together versus being purchased separately and interfaced

F.4.13.2. Describe bidder’s approach towards interfacing and integration with other solutions including use of specific tools, methods and standards.

F.4.13.3. Describe data exchange standards (e.g. XML, Web Services, or EDI) supported or provided by bidder’s system solution.

F.4.13.4. As it pertains to the GRDA’s current technical environment described previously, identify potential issues for integrating with Maximo that is used for inventory and asset management.

F.4.14. Subcontractors and Partners (Scored)

If the bidder is proposing to use a subcontractor on this project, please provide background information to include the number of years and/or projects that the bidder has worked with the subcontractor and a list of specific services and/or products that the subcontractor will be providing. A complete list of subcontractors is required.

F.4.15. Training and Knowledge Transfer (Scored)

F.4.15.1. Bidder is required to provide on-site training of GRDA staff. Describe bidder’s recommended training approach for both project team members and end user users of the application. Include a description of optional training methods (on-site, virtual, self-directed, etc.), courses, duration, pre-requisites, training room requirements, maximum attendees and training materials to be provided by bidder.

F.4.15.2. Describe bidder’s process for ensuring that a transfer of knowledge occurs back to GRDA staff such that staff is capable of supporting and maintaining the application in the most proficient manner once the bidder implementation engagement is complete.

F.4.16. Ongoing Support Services (Scored)

Please provide the following information regarding ongoing and post-implementation support services that are included in the RFP response. These requirements may be met with bidder support resources, Microsoft Corporation resources coordinated through the bidder, or a combination of both.

F.4.16.1. Nature of support provided by the bidder (i.e. Telephone support, include toll-free access, Online chat, and FAQ’s).

F.4.16.2. What are the bidder’s standard support hours?

F.4.16.3. Describe options and cost for extended support, including 24X7 support. Is there an additional cost for this level of service?

F.4.16.4. Describe the services provided by bidder for the proposed annual support and maintenance fee?

F.4.16.5. How often are software updates and upgrades released? Are these available to all customers as part of their annual support fee? If not, can the upgrades be added to the support and maintenance of the product?

F.4.16.6. Describe the typical upgrade process.

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F.4.16.7. How does the bidder ensure modifications and interfaces are functional with each product update? Is there an additional fee charged to re-apply GRDA modifications and interfaces so that they remain functional with each update? If so, what is the average cost that GRDA should expect to pay with each update or upgrade?

F.4.16.8. How long does the bidder support a product version?

F.4.16.9. How does GRDA report and track issues with the bidder, and is this issue log maintained by the bidder with accessibility to GRDA upon request?

F.4.16.10. What are guaranteed response times for reported issues?

F.4.16.11. Describe bidder’s escalation process for support issues, if required.

F.4.16.12. Describe hardware and software support included from bidder, a third party, or the responsibility of GRDA.

F.4.16.13. How are critical defects or issues communicated to customers?

F.4.16.14. Describe the preventive maintenance program for the system.

TAB 4 – Cost Proposal – Scored F.4.17. Cost Proposal

F.4.17.1. The break-down costs should be provided and shall include, but not limited to the following:

• Software licensing – include bidder’s best estimate of type of license, number of users, concurrent users, server size, etc., depending on the licensing model used. Evaluation of existing GRDA Microsoft licensing is available upon request.

• Software maintenance and support – maintenance and support pricing for year one from date of acceptance is to be included as a separate item in the year 1 price. Maintenance and support costs must be delineated for years 2-6.

• Professional implementation services – include firm-fixed price for services as defined milestones or maximum estimated hours by service provided, depending on the method used. If maximum estimated hours are used, also identify overage costs (hourly rates) when maximum hours for service expended.

a. Time and Material option - Bidder may propose implementation services on a Time and Materials basis, utilizing a best-estimate of potential scope of the project. At minimum, bidder should estimate the effort involved through the Business Analysis phase defined in F.4.12.1 above. Bidder shall provide the per-hour rate for all personnel proposed. A blended-rate approach may also be used.

b. Fixed Price option - Bidder may propose implementation services on a Fixed Price basis. Include firm-fixed price for services as defined milestones or maximum estimated hours by service provided, depending on the method used. If maximum estimated hours are used, also identify overage costs (hourly rates) when maximum hours for service expended.

• Training – include type of training (e.g., Project Team, End Users), number of days/hours and sessions of training, number of classes and topics that may covered. Indicate onsite and online classes. Also note that training costs need to be specifically identified so that we can properly expense those outside the capital cost of the software.

• Hardware – if applicable and know, list of all required hardware and cost.

• Estimated travel and incidental costs

F.4.17.2. Software licensing and maintenance costs will be billed when incurred, pending agreement and acceptance between Bidder and GRDA. In no case will maintenance costs be incurred by GRDA prior to go-live of the solution, or at minimum, Phase I if a phased implementation approach is chosen.

F.4.17.3. If the Time and Material option is chosen, implementation and other related services required for the Project will be billed on a monthly fixed price basis throughout the duration of the project. per the successful completion of Project Phase as agreed upon milestones and deliverables for each such phase. The bidder’s monthly costs per Project Phase must contain all professional services fees as well as all expenses (e.g., integration with Maximo, travel, materials, supplies, equipment, etc.). The 10% of the Project Phase costs will be paid upon the successful bidder’s completion of the overall Project and at the completion of the “punch list” within 90 days of the “go live” for the overall system. The final 10% of the Project Phase costs will be released after the GRDA’s final acceptance of the total overall system or as otherwise specified in the Agreement.

F.4.17.4. If the Fixed Price Option is chosen, implementation and other related services required for the Project will be billed on a fixed price basis per the successful completion of Project Phase as agreed upon milestones

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and deliverables for each such phase. The bidder’s costs per Project Phase must contain all professional services fees as well as all expenses (e.g., integration with Maximo, travel, materials, supplies, equipment, etc.). 90% of the total Project Phase costs will be paid upon the successful bidder’s completion of the overall Project and at the completion of the “punch list” within 90 days of the “go live” for the overall system. The final 10% of the Project Phase costs will be released after the GRDA’s final acceptance of the total overall system or as otherwise specified in the Agreement.

NOTE 1: Travel costs are subject to the requirements and limitations of the Oklahoma State Travel Reimbursement Act. Copies of receipts and invoices will be required for travel and incidental costs.

NOTE 2: Invoicing shall be made no more often than once per month during the implementation of the project.

TAB 5 – Solution Presentation/Demonstration (Scored) Complete a solution presentation/demonstration referencing the key components of each functional area as provided in the attached Excel spreadsheet as revised.

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G. ATTACHMENTS Electronic files are attached to this solicitation to complete the required documents.

G.1. Attachment #A: RFP Cover Page and e-Pay Information

G.2. Attachment #B: Non Collusion Affidavit

G.3. Attachment #C: Voluntary Product Accessibility Template Instructions

Attachment #D: Survey Questionnaire

G.4. Attachment #E: Insurance Requirements

G.5. Excel spreadsheet referencing the key components of each functional area

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ATTACHMENT # A RFP COVER PAGE & E-PAY INFORMATION

The bidder must complete and submit this Attachment. This Attachment shall be the cover page for the bidder’s Proposal.

RFP Number: 17867

RFP Description: Enterprise Resource Planning (ERP) System

Bidders Name:

Physical Address:

Phone:

Fax:

Website:

Project Manager assigned to this Project

Project Manager Phone, Fax and Email:

Point of Contact for this RFP:

Point of Contact Phone:

Point of Contact Fax:

Point of Contact Email:

GRDA Visa Payment: GRDA provides a Visa payment program which invoices payment by a secure Visa account number assigned to the bidder after award of contract. Notification of payments and required invoice information are issued to your designated Accounts Receivable contact by e-mail remittance payment.

Preference may be shown during the evaluation process to bidders that agree to accept the Visa payment of invoices. To learn more about the benefits of the Visa payment program, and to obtain answers to FAQ, click or copy and paste the following URL into your browser: www.bankofamerica.com/epayablesvendors.

NOTE: This is not a credit card payment at a time of sale. It is an electronic VISA payment at a time of invoice. When Vendor enrolls in the ePay program with our Bank (we will have a GRDA representative called Vendor for one-time setup), Vendor is assigned a 16-digit account number without a plastic card and with a zero credit limit. Once an invoice from Vendor is submitted and approved by GRDA, Vendor will receive remittance advice via email from our Bank that the invoiced amount has been authorized for Vendor to complete the transaction. Vendor will use the assigned 16-digit account number to complete the transaction. Once transaction completed, the Vendor account credit limit will return to zero until next payment.

Will accept payment by Visa: Yes No (check one)

Visa acceptance signature:

Designated Accounts Receivable Contact for Visa Remittance Advices:

Name:

Phone:

Email:

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ATTACHMENT # B

NON-COLLUSION AFFIDAVIT

RFQ / RFP #

A Non-Collusion Affidavit shall be included with any competitive bid or contract submitted for goods or services exceeding $50,000.00, or for any competitive bid or contract submitted for the purpose of repairs and improvements to GRDA facilities exceeding $5,000.00.

A. For purposes of competitive bid or contract, being of lawful age and first duly sworn on oath, I certify:

1. I am the duly authorized agent of , (Company Name) the bidder submitting the competitive bid which is attached to this statement, for the purpose of certifying the facts pertaining to the existence of collusion among bidders and between bidders and state officials or employees, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consideration in the letting of any contract pursuant to said bid; 2. I am fully aware of the facts and circumstances surrounding the making of the bid to which this statement is attached and have been personally and directly involved in the proceedings leading to the submission of such bid; and

3. Neither the bidder, nor contractor, nor anyone subject to the bidder’s or contractor’s direction or control, has been a party:

a. to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding, b. to any collusion with any state official or employee as to quantity, quality or price in the prospective contract, or as to any other terms of such prospective contract, nor c. in any discussions between bidders and any state official concerning exchange of money or other thing of value for special consideration in the letting of a contract, nor, whether competitively bid or not, has paid, given or donated or agreed to pay, give or donate to any officer or employee of the State of Oklahoma any money or other thing of value, either directly or indirectly, in procuring this contract herein.

B. The contractor further certifies that no person who has been involved in any manner in the development of said contract while

employed by the State of Oklahoma shall be employed to fulfill any of the services provided for under said contract.

C. If any contract pursuant to this bid is for professional services as defined in 74 O.S. § 85.2.25, and if the final product is a written proposal, report or study, the contractor further certifies that (s)he has not previously provided the state agency or any other state agency with a final product that is a substantial duplication of the final product of the proposed contract.

Authorized Signature Certified this Date

Printed Name Title

State Of County of

Subscribed and sworn to me this day of , 20

Notary Seal: Notary Public Signature

My commission expires:

My commission number:

Grand River Dam Authority is an agency of the State of Oklahoma.

Administrative Headquarters • 226 West Dwain Willis Avenue • Vinita, Oklahoma 74301 • 918-256-5545

GRAND RIVER DAM AUTHORITY

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ATTACHMENT # C VOLUNTARY PRODUCT ACCESSIBILITY TEMPLATE INSTRUCTIONS

State of Oklahoma Grand River Dam Authority

Voluntary Product Accessibility Template Instructions

The Voluntary Product Accessibility Template is a tool to assist in making preliminary assessments regarding the availability of electronic and information technology products and services with features that support accessibility.

The VPAT provides a summary view of criteria specific to various types of technologies identified in the Oklahoma Information Technology Accessibility Standards. There are three sections in each table. Section one of the Summary Table describes each section of the Standards. The second section describes the supporting features of the product or refers you to the corresponding detailed table, "e.g., equivalent facilitation." The third section contains any additional remarks and explanations regarding the product.

Oklahoma EITA Procurement Clause:

Pursuant to Title 74, Section 85.7d and as adopted by GRDA electronic and information technology procurements, solicitations, agreements, and contracts shall comply with applicable Oklahoma Information Technology Accessibility Standards issued by the Oklahoma Office of State Finance.

EIT Standards may be found at http://www.ok.gov/DCS/Central_Purchasing/VPAT_&_Accessibility.html or http://www.ok.gov/OSF/documents/isd_itas.doc.

1) For Information Technology or Communications Products, Systems and Applications not requiring development and/or customization. The Contractor shall provide a description of conformance with the applicable Oklahoma Information Technology Accessibility Standards for the proposed product, system or application by means of either a Voluntary Product Accessibility Template (VPAT) or other comparable document, upon request.

The Contractor shall indemnify and hold harmless the Grand River Dam Authority from any claim arising out of the Contractor's failure to comply with applicable Oklahoma Information Technology Accessibility Standards subsequent to providing certification of compliance to such Standards.

2) For Information Technology or Communications Products, Systems or Applications requiring development and/or customization. The Contractor shall provide a description of conformance with the applicable Oklahoma Information Technology Accessibility Standards for the proposed product, system, or application developed and/or customized by means of either a Voluntary Product Accessibility Template (VPAT) or other comparable document, upon request. Additional requirements and documentation may be required and compliance will be necessary on the Contractor’s part. Such requirements will be stated in documents such as Request for Quotes, Request for Proposals, Contracts, Agreements, Purchase Orders, and Amendments.

The Contractor shall indemnify and hold harmless the Grand River Dam Authority, from any claim arising out of the Contractor's failure to comply with applicable Oklahoma Information Technology Accessibility Standards subsequent to providing certification of compliance to such Standards. However, the Contractor shall no longer have an obligation to indemnify GRDA for liability resulting from products, systems or applications developed and/or customized that are not in compliance with applicable Oklahoma Information Technology Accessibility Standards (“Standards”) after the Grand River Dam Authority has tested and confirmed that the product, system or application meets the accessibility requirements in the Standards

How to Get Started - Begin with your product's specification or a list of its known features:

Determine which subsection(s) of the Oklahoma Information Technology Accessibility Standards (IT Standards) apply to your product. Document the product's ability to meet the standards in the applicable areas, such as software, operating system, and so on.

For each standard in the applicable area(s), determine if the product meets or supports the standard.

If the product appears to meet or support the standard, then you have the option of providing examples of features that are accessible or of specific accessibility features that exist.

If the product appears to not meet the standard, remember that the OK Information Technology Accessibility Standards allow for alternative products provided that they result in substantially equivalent or greater access. The product can meet the standard as long as the feature performs in the same manner as it does for any other user. This is called "functional equivalency."

When the VPAT draft is complete, translate the technical language into language that will be understood by a state agency procurement officer. We encourage use of suggested language noted in the section "Suggested Language for Filling out the VPAT".

Suggested Language for filling out the VPAT Suggested language below has been developed for use when filling out a VPAT. All or some of the language may be used. You are encouraged to use consistent language in VPATs throughout the form.

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Supporting Features

Supports Use this language when you determine the product fully meets the letter and intent of the criteria.

Supports with Exceptions Use this language when you determine the product does not fully meet the letter and intent of the criteria, but provides some level of access relative to the criteria.

Supports through Equivalent Facilitation Use this language when you have identified an alternate way to meet the intent of the criteria or when the product does not fully meet the intent of the criteria.

Supports when combined with Compatible AT Use this language when you determine the product fully meets the letter and intent of the criteria when used in combination with compatible AT. For example, many software programs can provide speech output when combined with a compatible screen reader (commonly used assistive technology for people who are blind).

Does not Support Use this language when you determine the product does not meet the letter or intent of the criteria.

Not Applicable Use this language when you determine that the criteria do not apply to the specific product.

Not Applicable - Fundamental Alteration Exception Applies Use this language when you determine a fundamental alteration of the product would be required to meet the criteria (see the IT Standards for the definition of "fundamental alteration").

Remarks & Explanations (third section on VPAT)

Providing further explanation regarding features and exceptions is especially helpful. Use this section to detail how the product addresses the standard or criteria by:

Listing accessibility features or features that are accessible;

Detailing where in the product an exception occurs; and

Explaining equivalent methods of facilitation (See Section 3.5 of the IT Standards for definition of "equivalent facilitation").

The bidders may use the VPAT form provided at the link below or other comparable document, complete and should submit with their bid response:

http://www.ok.gov/DCS/Central_Purchasing/VPAT_&_Accessibility.html

The VPAT form required to be completed by bidders for this RFP:

Software Applications and Operating Systems, form 053-4.2

NOTE TO BIDDERS: If bidder’s application has not been tested in compliance with Accessibility standards, bidder is to state it and submit in lieu of complete VPAT form.

GRDA/PURCHASING UNIT SOLICITATION PACKAGE - PAGE 28

ATTACHMENT # D SURVEY QUESTIONNAIRE

To: Position for this Project: (Name of person completing survey)

Phone: Fax: Email:

Subject: Past Performance Survey of: (Name of Bidder)

(Name of Bidder’s Project Manager, if applicable)

GRDA is implementing a process that collects past performance information on firms and their key personnel for the ERP application. The information will be used to assist GRDA in the selection of firms for this project. The firm/individual listed above has listed you as a client for which they have previously performed work on. We would appreciate your taking the time to complete this survey.

Rate each of the criteria on a scale of 1 to 10, with 10 representing that you were very satisfied and 1 representing that you were very unsatisfied. Please rate each of the criteria to the best of your knowledge. If you do not have sufficient knowledge of past performance in a particular area, leave it blank.

Client Organization Name: Project Name: Duration of Project (Date/Year – Date/Year):

NO CRITERIA UNIT RATING

1 Ability to manage the project cost (1-10)

2 Ability to maintain project schedule (1-10)

3 Ability to manage and overall professionalism including prompt response to needs (1-10)

4 Quality of customer services (1-10)

5 Ability to communicate and cooperate (1-10)

6 Ability to follow the users rules, regulations, and requirements (1-10)

7 Overall satisfaction with implementation and testing (1-10)

8 Overall customer satisfaction with software, service, and recommended improvements

(1-10)

9 Is the project completed (has the firm/individual completed all work required under contract) satisfactorily? (Y/N)

Printed Name (of Evaluator) Signature (of Evaluator)

NOTE: Submit the completed survey directly to GRDA via email at [email protected] and [email protected] with subject line: RFP 17867 Survey Questionnaire of XXXX (name of vendor being evaluated) no later than December 11th, 2014 at 2:00PM CT. If

the survey is unsigned by the person who completes the survey, the survey will be acceptable only when the email is sent to the Contracting Offi cer from the person who completes the survey.

GRDA/PURCHASING UNIT SOLICITATION PACKAGE - PAGE 29

ATTACHMENT # E INSURANCE REQUIREMENTS

MINIMUM INSURANCE REQUIREMENTS

The successful bidder will be required to provide of insurance in the categories and for the minimum limits: commercial general liability insurance with a limit of liability in an amount no less than $1,000,000 per occurrence and professional errors and omissions insurance coverage with a limit of liability in an amount no less than $1,000,000 per occurrence.

WORKERS’ COMPENSATION

As required by the laws of the State of Oklahoma and Employers’ Liability limit of $100,000.00

These limits could be satisfied by either primary coverage or a combination of primary and umbrella coverage.

A Certificate of Insurance must accompany bids on any work to be performed for GRDA.

The Certificate of Insurance must show the name and address of the insured, the GRDA Purchase Order number and/or description of the job to be performed for GRDA, limits of coverage, policy number, effective and expiration dates, etc. The cancellation clause must provide that the Authority is to receive ten (10) days written notice prior to cancellation or to the making of any material change. The successful bidder must inform the insurance agent to submit a revised Certificate of Insurance at renewal of the coverage if the GRDA work will extend until that time.

Grand River Dam Authority is an agency of the State of Oklahoma, fully supported by customer revenues instead of taxes. Administrative Headquarters • 226 West Dwain Willis Avenue • Vinita, Oklahoma 74301 • Phone: 918-256-5545 • Fax: 918-256-1051

GRAND RIVER DAM AUTTHORITY


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