Fusion Center Software
The State of Nebraska, Administrative Services (AS), Materiel Division, Purchasing Bureau, is issuing this Request for Proposal, RFP Number 2935Z1 for the purpose of selecting a qualified contractor(s) to provide a turnkey solution for software systems to be used in conjunction with its Fusion Center operations at the Nebraska Information and Analysis Center (NIAC).
Written questions prior to the pre-proposal teleconference, are due no later than May 22, 2009 and questions following the pre-proposal teleconference are due no later than June 5, 2009. Questions should be submitted via e-mail to [email protected]. Written questions may also be sent by facsimile to (402) 471-2089.
A pre-proposal teleconference will be held on May 27, 2009.
Bidder should submit one (1) original and nine (9) copies of the entire proposal. In the event of any inconsistencies among the proposals, the language contained in the original proposal shall govern. Proposals must be submitted by the proposal due date and time.
PROPOSALS MUST MEET THE REQUIREMENTS OUTLINED IN THIS REQUEST FOR PROPOSAL TO BE CONSIDERED VALID. PROPOSALS WILL BE REJECTED IF NOT IN COMPLIANCE WITH THESE REQUIREMENTS.
1.Sealed proposals must be received in State Purchasing by the date and time of proposal opening indicated above. No late proposals will be accepted. No electronic, e-mail, fax, voice, or telephone proposals will be accepted.
2.This form REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES MUST be manually signed, in ink, and returned by the proposal opening date and time along with bidders proposal and any other requirements as specified in the Request for Proposal in order to be considered for an award.
3.It is the responsibility of the bidder to check the website for all information relevant to this solicitation to include addenda and/or amendments issued prior to the opening date. Website address is as follows: http://www.das.state.ne.us/materiel/purchasing/
4.It is understood by the parties that in the State of Nebraskas opinion, any limitation on the contractors liability is unconstitutional under the Nebraska State Constitution, Article XIII, Section 3, and that any limitation of liability shall not be binding on the State of Nebraska despite inclusion of such language in documents supplied with the contractors bid or in the final contract.
TABLE OF CONTENTS
REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES FORMi
TABLE OF CONTENTSii
GLOSSARY OF TERMSv
I.SCOPE OF THE REQUEST FOR PROPOSAL1
A.SCHEDULE OF EVENTS1
II.PROCUREMENT PROCEDURES3
A.PROCURING OFFICE AND CONTACT PERSON3
B.GENERAL INFORMATION3
C.COMMUNICATION WITH STATE STAFF4
D.NOTIFICATION OF INTENT TO BID4
E.WRITTEN QUESTIONS AND ANSWERS4
F.PRE-PROPOSAL CONFERENCE5
G.ORAL INTERVIEWS/PRESENTATIONS AND/OR DEMONSTRATIONS5
H.SUBMISSION OF PROPOSALS6
I.PROPOSAL OPENING6
J.LATE PROPOSALS7
K.REJECTION OF PROPOSALS7
L.EVALUATION OF PROPOSALS7
M.EVALUATION COMMITTEE7
N.MANDATORY REQUIREMENTS8
O.REFERENCE CHECKS8
P.SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS8
Q.VIOLATION OF TERMS AND CONDITIONS8
III.TERMS AND CONDITIONS9
A.GENERAL9
B.AWARD9
C.COMPLIANCE WITH CIVIL RIGHTS LAWS AND EQUAL OPPORTUNITY EMPLOYMENT / NONDISCRIMINATION10
D.PERMITS, REGULATIONS, LAWS10
E.OWNERSHIP OF INFORMATION AND DATA10
F.INSURANCE REQUIREMENTS10
G.COOPERATION WITH OTHER CONTRACTORS12
H.INDEPENDENT CONTRACTOR12
I.CONTRACTOR RESPONSIBILITY12
J.CONTRACTOR PERSONNEL13
K.STATE OF NEBRASKA PERSONNEL RECRUITMENT PROHIBITION13
L.CONFLICT OF INTEREST13
M.PROPOSAL PREPARATION COSTS14
N.ERRORS AND OMISSIONS14
O.BEGINNING OF WORK14
P.ASSIGNMENT BY THE STATE14
Q.ASSIGNMENT BY THE CONTRACTOR14
R.DEVIATIONS FROM THE REQUEST FOR PROPOSAL14
S.GOVERNING LAW14
T.ATTORNEY'S FEES15
U.ADVERTISING15
V.STATE PROPERTY15
W.SITE RULES AND REGULATIONS15
X.NOTIFICATION15
Y.EARLY TERMINATION16
Z.FUNDING OUT CLAUSE OR LOSS OF APPROPRIATIONS16
AA.BREACH BY CONTRACTOR17
BB.ASSURANCES BEFORE BREACH17
CC.PENALTY17
DD.RETAINAGE17
EE.PERFORMANCE BOND17
FF.FORCE MAJEURE18
GG.PROHIBITION AGAINST ADVANCE PAYMENT18
HH.PAYMENT18
II.INVOICES18
JJ.AUDIT REQUIREMENTS18
KK.TAXES19
LL.INSPECTION AND APPROVAL19
MM.CHANGES IN SCOPE/CHANGE ORDERS19
NN.SEVERABILITY19
OO.CONFIDENTIALITY19
PP.PROPRIETARY INFORMATION20
QQ.CERTIFICATION OF INDEPENDENT PRICE DETERMINATION/COLLUSIVE BIDDING20
RR.PRICES21
SS.BEST AND FINAL OFFER21
TT.ETHICS IN PUBLIC CONTRACTING21
UU.INDEMNIFICATION22
VV.NEBRASKA TECHNOLOGY ACCESS STANDARDS22
WW.ANTITRUST23
XX.DISASTER RECOVERY/BACK UP PLAN23
YY.TIME IS OF THE ESSENCE23
ZZ.RECYCLING23
AAA.DRUG POLICY23
IV.PROJECT DESCRIPTION AND SCOPE OF WORK24
A.PROJECT OVERVIEW24
B.PROJECT SCOPE24
C.OBJECTIVES24
D.SYSTEMS SOUGHT25
E.PROJECT DESCRIPTION25
F.PROJECT ENVIRONMENT26
G.NETWORK ENVIRONMENT27
H.GENERAL SYSTEM SPECIFICATIONS AND PROJECT REQUIREMENTS27
I.HARDWARE REQUIREMENTS29
J.QUALITY ASSURANCE AND INDEPENDENT VERIFICATION & VALIDATION (IV&V)29
K.PRODUCT DEMONSTRATION30
L.PRODUCT ACCEPTANCE AND FACTORY ACCEPTANCE TESTING (FAT)30
M.CONFORMANCE WITH NATIONAL PUBLIC SAFETY DATA STANDARDS30
N.SCHEDULE AND PLANS31
O.SPECIFIC SYSTEM REQUIREMENTS, TECHNICAL REQUIREMENTS, TRAINING PLANS, MAINTENANCE AND DOCUMENTATION31
P.DELIVERABLES54
V.PROPOSAL INSTRUCTIONS55
A.TECHNICAL PROPOSAL55
B.COST PROPOSAL REQUIREMENTS59
C.PAYMENT SCHEDULE59
Form A Bidder Contact Sheet61
Form B Notification of Intent to Attend Pre-Proposal Conference62
Form C Notification of Intent to Bid63
GLOSSARY OF TERMS
Acceptance Test Procedure: Benchmarks and other performance criteria, developed by the State of Nebraska or other sources of testing standards, for measuring the effectiveness of products or services and the means used for testing such performance.
Addendum: Something added or deleted.
Agency: Any state agency, board, or commission other than the University of Nebraska, the Nebraska State colleges, the courts, the Legislature, or any officer or agency established by the Constitution of Nebraska.
Agent: A person authorized by a superior or organization to act on their behalf.
Amend: To alter or change by adding, subtracting, or substituting. A contract can be amended only by the parties participating in the contract. A written contract can only be amended in writing.
Amendment: Written correction or alteration.
Appropriation: Legislative authorization to expend public funds for a specific purpose. Money set apart for a specific use.
Award: All purchases, leases, or contracts which are based on competitive proposals will be awarded according to the provisions in the Request for Proposal. The State reserves the right to reject any or all proposals, wholly or in part, or to award to multiple bidders in whole or in part. The State reserves the right to waive any deviations or errors that are not material, do not invalidate the legitimacy of the proposal, and do not improve the bidders competitive position. All awards will be made in a manner deemed in the best interest of the State.
Best and Final Offer (BAFO): A second-stage bid in a public procurement for services.
Bid: The executed document submitted by a bidder in response to a Request for Proposal.
Bid Bond: A bond given by a surety on behalf of the bidder to ensure that the bidder will enter into the contract as bid and is retained by the State from the date of the bid opening to the date of contract signing.
Bidder: Any person or entity submitting a competitive bid response to a solicitation.
Business: Any corporation, partnership, individual, sole proprietorship, joint-stock company, joint venture, or any other private legal entity.
Business Day: Any weekday, excepting public holidays.
Calendar Day: Every day shown on the calendar; Saturdays, Sundays and State/Federal holidays included. Not to be confused with Work Day.
Collusion: A secret agreement or cooperation between two or more persons or entities to accomplish a fraudulent, deceitful or unlawful purpose.
Commercial, Off-The-Shelf (COTS): Software or hardware that are ready-made and available for sale, lease, or license to the general public.
Competition: The process by which two or more vendors vie to secure the business of a purchaser by offering the most favorable terms as to price, quality, delivery and/or service.
Confidential Information: Unless otherwise defined below, Confidential Information shall also mean proprietary trade secrets, academic and scientific research work which is in progress and unpublished, and other information which if released would give advantage to business competitors and serve no public purpose (see Neb. Rev. Stat. 84-712.05(3)). In accordance with Nebraska Attorney General Opinions 92068 and 97033, proof that information is proprietary requires identification of specific, named competitor(s) who would be advantaged by release of the information and the specific advantage the competitor(s) would provide.
Contract: An agreement between two or more persons to perform a specific act or acts.
Contract Administration: The Management of various facets of contracts to assure that the contractors total performance is in accordance with the contractual commitments and obligations to the purchaser are fulfilled.
Contract Management: Includes reviewing and approving of changes, executing renewals, handling disciplinary actions, adding additional users, and any other form of action that could change the contract.
Contractor: Any person or entity that supplies goods and/or services.
Conversion Period: A period of time not to exceed six (6) months, during which the State converts to a new Operating System under Conversion as per this RFP.
Copyright: A grant to a writer/artist that recognizes sole authorship/creation of a work and protects the creators interest(s) therein.
CPU: Any computer or computer system that is used by the State to store, process, or retrieve data or perform other functions using Operating Systems and applications software.
Critical Program Error: Any Program Error, whether or not known to the State, which prohibits or significantly impairs use of the Licensed Software as set forth in the documentation and intended in the contract.
Default: The omission or failure to perform a contractual duty.
Deviation: Any proposed change(s) or alteration(s) to either the contractual language or deliverables within the scope of this Request for Proposal.
Documentation: The user manuals and any other materials in any form or medium customarily provided by the contractor to the users of the Licensed Software which will provide the State with sufficient information to operate, diagnose, and maintain the Licensed Software properly, safely, and efficiently.
Evaluation Committee: A committee (or committees) appointed by the requesting agency that advises and assists the procuring office in the evaluation of proposals.
Evaluation of Proposal: The process of examining a proposal after opening to determine the bidders responsibility, responsiveness to requirements, and to ascertain other characteristics of the proposal that relate to determination of the successful bidder.
Extension: A provision, or exercise of a provision, of a contract that allows a continuance of the contract (at the option of the State of Nebraska) for an additional time according to contract conditions. Not to be confused with Renewals.
F.O.B. Destination: Free on Board. The delivery charges have been included in the quoted price and prepaid by the vendor. Vendor is responsible for all claims associated with damages during delivery of product.
Foreign Corporation: A foreign corporation is a corporation that was formed (i.e. incorporated) in another state but transacting business in Nebraska pursuant to a certificate of authority issued by the Nebraska Secretary of State.
Installation Date: The date when the procedures described in Installation by Contractor, and Installation by State, as found in the RFP, are completed.
Late Proposal: A proposal received at the place specified in the solicitation after the date and time designated for all proposals to be received.
Licensed Software: Any and all software and documentation by which the State acquires or is granted any rights under the contract.
Mandatory: Required, compulsory or obligatory.
May: Denotes discretion.
Module: A collection of routines and data structures that perform a specific function of the Licensed Software.
Must: Denotes the imperative, required, compulsory or obligatory.
Offeror: Any person or entity submitting a competitive bid response to a solicitation.
Opening Date: Specified date and time for the public opening of received, labeled and sealed formal proposals. Not to be confused with Release Date.
Operating System: The control program in a computer that provides the interface to the computer hardware and peripheral devices, and the usage and allocation of memory resources, processor resources, input/output resources, and security resources.
Outsourcing: Acquiring computing or related services from a source outside of the State of Nebraska which may include programming and/or executing the States Licensed Software on the States CPUs, programming, and/or executing the States programs and Licensed Software on the contractors CPUs or any mix thereof.
Outsourcing Company: A company that provides Outsourcing Services under contract to the State.
Performance Bond: A bond given by a surety on behalf of the contractor to ensure the timely and proper (in sole estimation of the State) performance of a contract.
Platform: A specific hardware and Operating System combination that is different from other hardware and Operating System combinations to the extent that a different version of the Licensed Software product is required to execute properly in the environment established by such hardware and Operating System combination.
Pre-Proposal Conference: A meeting scheduled for the purpose of providing clarification regarding a Request for Proposal and related expectations.
Product: A module, a system, or any other software-related item provided by the contractor to the State.
Program Error: Code in Licensed Software which produces unintended results or actions, or which produces results or actions other than those described in the specifications. A program error includes, without limitation, any Critical Program Error.
Program Set: The group of programs and products, including the Licensed Software specified in the RFP, plus any additional programs and products licensed by the State under the contract for use by the State.
Project: The total of all software, documentation, and services to be provided by the contractor under this contract.
Proposal: The executed document submitted by a bidder in response to a Request for Proposal.
Proprietary Information: Proprietary information is defined as trade secrets, academic and scientific research work which is in progress and unpublished, and other information which if released would give advantage to business competitors and serve no public purpose (see Neb. Rev. Stat. 84-712.05(3)). In accordance with Attorney General Opinions 92068 and 97033, proof that information is proprietary requires identification of specific, named competitor(s) who would be advantaged by release of the information and the specific advantage the competitor(s) would receive.
Protest: A complaint about a governmental action or decision related to a Request for Proposal or the resultant contract, brought by a prospective bidder, a bidder, a contractor, or other interested party to AS Materiel Division or another designated agency with the intention of achieving a remedial result.
Public Proposal Opening: The process of opening proposals, conducted at the time and place specified in the Request for Proposal, and in the presence of anyone who wishes to attend.
Recommended Hardware Configuration: The data processing hardware (including all terminals, auxiliary storage, communication, and other peripheral devices) to the extent utilized by the State as recommended by the contractor.
Release Date: Date of release of the Request for Proposal to the public for submission of proposal responses. Not to be confused with Opening Date.
Renewal: Continuance of a contract for an additional term after a formal signing by the parties.
Representative: Includes an agent, an officer of a corporation or association, a trustee, executor or administrator of an estate, or any other person legally empowered to act for another.
Request for Proposal (RFP): All documents, whether attached or incorporated by reference, utilized for soliciting competitive proposals.
Responsible Bidder: A bidder who has the capability in all respects to perform fully all requirements with integrity and reliability to assure good faith performance.
Responsive Bidder: A bidder who has submitted a bid which conforms in all respects to the solicitation document.
Shall: Denotes the imperative, required, compulsory or obligatory.
Should: Indicates an expectation.
Solicitation: The process of notifying prospective bidders or offerors that the State of Nebraska wishes to receive proposals for furnishing services. The process may consist of public advertising, posting notices, or mailing Request for Proposals and/or Request for Proposal announcement letter to prospective bidders, or all of these.
Solicitation Document: Request for Proposal.
Specifications: The information provided by or on behalf of the contractor that fully describes the capabilities and functionality of the Licensed Software as set forth in any material provided by the contractor, including the documentation and Users Manuals described herein.
System: Any collection or aggregation of two (2) or more Modules that is designed to function, or is represented by the contractor as functioning or being capable of functioning as an entity.
Termination: Occurs when either party pursuant to a power created by agreement or law puts an end to the contract. All obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives.
Trademark: A distinguishing sign, symbol, mark, word, or arrangement of words in the form of a label or other indication, that is adopted and used by a manufacturer or distributor to designate its particular goods and which no other person has the legal right to use.
Trade Secret: Information, including, but not limited to, a drawing, formula, pattern, compilation, program, device, method, technique, code, or process that; (a) derives independent economic value, actual or potential, from not being known to, and not being ascertainable by proper means, other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy (see Neb. Rev. Stat. 87-502(4)).
Turnkey: Built, supplied, or installed complete and ready to operate.
Upgrade: Any improvement or change in the Software that improves or alters its basic function.
Vendor: An actual or potential contractor; a contractor.
Will:Denotes the imperative, required, compulsory or obligatory.
I.SCOPE OF THE REQUEST FOR PROPOSAL
The State of Nebraska, Administrative Services (AS), Materiel Division, Purchasing Bureau (hereafter known as State Purchasing Bureau), is issuing this Request for Proposal, RFP Number 2935Z1 for the purpose of selecting a qualified contractor(s) to provide a turnkey, commercial off-the-shelf (COTS) software solutions for use in the information and intelligence fusion process which can be used at remote sites, connects multiple databases and other sources of data, and provides for intelligence/intelligence case management and analytical capabilities including crime analysis. This RFP is designed to solicit proposals from qualified Contractors who will be responsible for providing the service above at a competitive rate on a firm fixed price basis.
A contract resulting from this Request for Proposal will be issued for a period of two (2) years effective from September 1, 2009 through August 31, 2011, with the option to renew for five (5) additional twelve (12) month periods as mutually agreed upon by all parties.
ALL INFORMATION PERTINENT TO THIS REQUEST FOR PROPOSAL CAN BE FOUND ON THE INTERNET AT: http://www.das.state.ne.us/materiel/purchasing/rfp.htm
A.SCHEDULE OF EVENTS
The State expects to adhere to the tentative procurement schedule shown below. It should be noted, however, that some dates are approximate and subject to change.
ACTIVITYDATE/TIME
1.5Release Request for ProposalMay 19, 2009
2.7Last Day to Submit First Round of Written QuestionsMay 22, 2009
3.Last Day to Submit Notification of Intent to Participate in Pre-Proposal Conference CallMay 26, 2009
4.Pre-Proposal Conference via Conference Call
Dial-in Bridge: 888-866-4213
(471-6000 If calling from Lincoln)May 27, 2009
1:30 p.m.- 2:30 p.m.
Central Time
5.State Responds to First Round Written Questions Through Request for Proposal Addendum and/or Amendment to be posted to the Internet at: http://www.das.state.ne.us/materiel/purchasing/rfp.htm
June 1, 2009
6.Last Day to Submit Second Round of Written QuestionsJune 5, 2009
7.1State Responds to Second Round of Written Questions Through Request for Proposal Addendum and/or Amendment to be posted to the Internet at: http://www.das.state.ne.us/materiel/purchasing/rfp.htm
June 12, 2009
8.Last Day to Submit Letter of Intent To BidJune 15, 2009
9.1Proposal Opening
Location:Nebraska State Office Building
State Purchasing Bureau
301 Centennial Mall South, Mall Level
Lincoln, NE 68508
June 26, 2009
2:00 p.m.
Central Time
10.1Review for Conformance of Mandatory RequirementsJune 26, 2009
11.1Evaluation PeriodJune 29, 2009 through
July 10, 2009
12.1Presentations and/or Demonstrations (if required)July 20, 2009 through
July 22, 2009
13.Site Visits (if required)July 27, 2009 through July 31, 2009
14.1Post Letter of Intent to Contract to Internet at: http://www.das.state.ne.us/materiel/purchasing/rfp.htm
August 6, 2009
15.1Contract AwardAugust 21, 2009
16.Contractor Start DateSeptember 1, 2009
II.PROCUREMENT PROCEDURES
A.PROCURING OFFICE AND CONTACT PERSON
Procurement responsibilities related to this Request for Proposal reside with the State Purchasing Bureau. The point of contact for the procurement is as follows:
Name: Robert Thompson or Ruth Gray
Agency: State Purchasing Bureau
Address: 301 Centennial Mall South, Mall Level
Lincoln, NE 68508
OR
Address:P.O. Box 94847
Lincoln, NE 68509
Telephone:402-471-2401
Facsimile: 402-471-2089
E-Mail:[email protected]
B.GENERAL INFORMATION
The Request for Proposal is designed to solicit proposals from qualified vendors who will be responsible for providing the following at a competitive and reasonable cost:
1.Software which connects multiple databases and other sources of data, remote sites, and provides for intelligence/intelligence case management and analytical capabilities including crime analysis. This RFP is designed to solicit proposals from qualified Contractors who will be responsible for providing this at a competitive rate
2.Turnkey solutions are expected, i.e., it is expected that the winning bidder will install the software, ensure connectivity to the data sources provided in this document, and it will be accessible from the project stakeholder locations specified in this document.
3.It is anticipated that more than one product will be selected to perform all the desired functionality. Two types of similar systems are sought. One system sought will be used in conjunction with criminal data and the other will be used in conjunction with intelligence data. The requirements for both systems are similar. The intelligence system must include a case management module.
4.Proposals that do not conform to the mandatory items as indicated in the Request for Proposal will not be considered.
Proposals shall conform to all instructions, conditions, and requirements included in the Request for Proposal. Prospective bidders are expected to carefully examine all documentation, schedules and requirements stipulated in this Request for Proposal, and respond to each requirement in the format prescribed.
A fixed-price contract will be awarded as a result of this proposal. In addition to the provisions of this Request for Proposal and the awarded proposal, which shall be incorporated by reference in the contract, any additional clauses or provisions required by the terms and conditions will be included as an amendment to the contract.
C.COMMUNICATION WITH STATE STAFF
From the date the Request for Proposal is issued until a determination is announced regarding the selection of the contractor, contact regarding this project between potential contractors and individuals employed by the State is restricted to only written communication with the staff designated above as the point of contact for this Request for Proposal.
Once a contractor is preliminarily selected, as documented in the intent to contract, that contractor is restricted from communicating with State staff until a contract is signed. Violation of this condition may be considered sufficient cause to reject a contractors proposal and/or selection irrespective of any other condition.
The following exceptions to these restrictions are permitted:
1.written communication with the person(s) designated as the point(s) of contact for this Request for Proposal or procurement;
2.contacts made pursuant to any pre-existing contracts or obligations;
3.state staff and/or contractor staff present at the Pre-Proposal Conference when recognized by the State Purchasing Bureau staff facilitating the meeting for the purpose of addressing questions; and
4.state-requested presentations, key personnel interviews, clarification sessions or discussions to finalize a contract.
Violations of these conditions may be considered sufficient cause to reject a bidders proposal and/or selection irrespective of any other condition. No individual member of the State, employee of the State, or member of the Evaluation Committee is empowered to make binding statements regarding this Request for Proposal. The buyer will issue any clarifications or opinions regarding this Request for Proposal in writing.
D.NOTIFICATION OF INTENT TO BID
Bidders should hand deliver, return by facsimile, e-mail or delivery by US mail the Notification of Intent to Bid Form that accompanies this document (see Form C) to the contact person shown on the cover page of the Request For Proposal Form. This form should be filled out in its entirety and returned no later than the date shown in the Schedule of Events.
It is preferred that Form C, Notification of Intent To Bid, be sent via e-mail to
[email protected], but may be hand delivered, sent via facsimile to 402-471-2089 or delivery by US mail.
A list of vendors who submitted a Notification of Intent to Bid will be provided through an addendum to be posted on the Internet at
http://www.das.state.ne.us/materiel/purchasing/rfp.htm on or after the date shown in the Schedule of Events.
E.WRITTEN QUESTIONS AND ANSWERS
Any explanation desired by a bidder regarding the meaning or interpretation of any Request for Proposal provision must be submitted in writing to the State Purchasing Bureau and clearly marked RFP Number 2935Z1; Fusion Center Software Questions. It is preferred that questions be sent via e-mail to [email protected]. Questions may also be sent by facsimile to 402-471-2089, but must include a cover sheet clearly indicating that the transmission is to the attention of Robert Thompson, showing the total number of pages transmitted, and clearly marked RFP Number 2935Z1; Fusion Center Software Questions.
Written answers will be provided through an addendum to be posted on the Internet at http://www.das.state.ne.us/materiel/purchasing/rfp.htm on or before the date shown in the Schedule of Events.
F.PRE-PROPOSAL CONFERENCE
A pre-proposal teleconference will be held on the date, time and location shown in the Schedule of Events. Attendance at the pre-proposal conference is optional in order to submit a proposal. Bidders will have an opportunity to ask questions at the conference to assist in the clarification and understanding of the Request for Proposal requirements. The State will make every reasonable attempt to answer those questions before the end of the conference. Bidders attending the pre-proposal teleconference may submit further questions in writing for questions which the bidder requires an official written response as shown in the Schedule of Events.
Written answers to written questions along with a list of conference attendees will be provided through an addendum to be posted on the Internet at
http://www.das.state.ne.us/materiel/purchasing/rfp.htm on or before the date shown in the Schedule of Events. Verbal responses provided during the pre-proposal meeting shall not be binding on the State of Nebraska.
1.NOTIFICATION OF INTENT TO ATTEND PRE-PROPOSAL TELECONFERENCE
Notification of attendance should be submitted to the State Purchasing Bureau via e-mail ([email protected]), facsimile (402-471-2089), hand delivery or US mail by the date shown in the Schedule of Events. Potential bidders should utilize the Notification of Intent to Attend Pre-Proposal Conference (see Form B) that accompanies this document to the contact person shown on the cover page of the Request For Proposal Form. This form should be filled out in its entirety and returned no later than the date shown in the Schedule of Events.
G.ORAL INTERVIEWS/PRESENTATIONS AND/OR DEMONSTRATIONS
The Evaluation Committee(s) may conclude after the completion of the Technical and Cost Proposal evaluation that oral interviews/presentations and/or demonstrations are required in order to determine the successful bidder. All bidders may not have an opportunity to interview/present and/or give demonstrations; the State reserves the right to select only the top scoring bidders to present/give oral interviews in its sole discretion. The scores from the oral interviews/presentations and/or demonstrations will be added to the scores from the Technical and Cost Proposals. The presentation process will allow the bidders to demonstrate their proposal offering, explaining and/or clarifying any unusual or significant elements related to their proposals. Bidders key personnel may be requested to participate in a structured interview to determine their understanding of the requirements of this proposal, their authority and reporting relationships within their firm, and their management style and philosophy. Bidders shall not be allowed to alter or amend their proposals. Only representatives of the State and the presenting bidders will be permitted to attend the oral interviews/presentations and/or demonstrations.
Once the oral interviews/presentations and/or demonstrations have been completed the State reserves the right to make a contract award without any further discussion with the bidders regarding the proposals received.
Detailed notes of oral interviews/presentations and/or demonstrations may be recorded and supplemental information (such as briefing charts, et cetera) may be accepted; however, such supplemental information shall not be considered an amendment to a bidders' proposal. Additional written information gathered in this manner shall not constitute replacement of proposal contents.
Any cost incidental to the oral interviews/presentations and/or demonstrations shall be borne entirely by the bidder and will not be compensated by the State.
H.SUBMISSION OF PROPOSALS
The following describes the requirements related to proposal submission, proposal handling and review by the State.
To facilitate the proposal evaluation process, one (1) original, clearly identified as such, and nine (9) copies of the entire proposal should be submitted. The copy marked original shall take precedence over any other copies, should there be a discrepancy. Proposals must be submitted by the proposal due date and time. A separate sheet must be provided that clearly states which sections have been submitted as proprietary or have copyrighted materials. All proprietary information the bidder wishes the State to withhold must be submitted in accordance with the instructions outlined in Section III, Proprietary Information. Proposal responses should include the completed Form A, Bidder Contact Sheet. In addition, one (1) electronic copy of the proposal should be submitted on a CD and packaged as required below in section QQ. Proprietary Information. Any discrepancy between the written proposal and the electronic proposal will be governed by the written copy. Proposals must reference the request for proposal number and be sent to the specified address. Container(s) utilized for original documents should be clearly marked ORIGINAL DOCUMENTS. Please note that the address label should appear as specified in Section II part A on the face of each container or bidders bid response packet. Rejected late proposals will be returned to the bidder unopened, if requested, at bidder's expense. If a recipient phone number is required for delivery purposes, 402-471-2401 should be used. The request for proposal number must be included in all correspondence.
Emphasis should be concentrated on conformance to the Request for Proposal instructions, responsiveness to requirements, completeness and clarity of content. If the bidders proposal is presented in such a fashion that makes evaluation difficult or overly time consuming, it is likely that points will be lost in the evaluation process. Elaborate and lengthy proposals are neither necessary nor desired.
The Technical and Cost Proposals should be packaged separately (loose-leaf binders are preferred) on standard 8 by 11 paper, except that charts, diagrams and the like may be on fold-outs which, when folded, fit into the 8 by 11 format. Pages may be consecutively numbered for the entire proposal, or may be numbered consecutively within sections. Figures and tables must be numbered and referenced in the text by that number. They should be placed as close as possible to the referencing text. The Technical Proposal must not contain any reference to dollar amounts. However, information such as data concerning labor hours and categories, materials, subcontracts and so forth, shall be considered in the Technical Proposal so that the bidders understanding of the scope of work may be evaluated. The Technical Proposal shall disclose the bidders technical approach in as much detail as possible, including, but not limited to, the information required by the Technical Proposal instructions.
I.PROPOSAL OPENING
The sealed proposals will be publicly opened and the bidding entities announced on the date, time and location shown in the Schedule of Events. Proposals will be available for viewing by those present after the proposal opening. Vendors may also contact the State to schedule an appointment for viewing proposals after the opening date.
J.LATE PROPOSALS
Proposals received after the time and date of the proposal opening will be considered late proposals. Rejected late proposals will be returned to the bidder unopened, if requested, at bidder's expense. The State is not responsible for proposals that are late or lost due to mail service inadequacies, traffic or any other reason(s).
K.REJECTION OF PROPOSALS
The State reserves the right to reject any or all proposals, wholly or in part, or to award to multiple bidders in whole or in part. The State reserves the right to waive any deviations or errors that are not material, do not invalidate the legitimacy of the proposal and do not improve the bidders competitive position. All awards will be made in a manner deemed in the best interest of the State.
L.EVALUATION OF PROPOSALS
All responses to this Request for Proposal which fulfill all mandatory requirements will be evaluated. Each category will have a maximum possible point potential. The State will conduct a fair, impartial and comprehensive evaluation of all proposals in accordance with the criteria set forth below. Areas that will be addressed and scored during the evaluation include:
1.Executive Summary;
2.Corporate Overview shall include but is not limited to;
a.the ability, capacity and skill of the bidder to deliver and implement the system or project that meets the requirements of the Request for Proposal;
b.the character, integrity, reputation, judgment, experience and efficiency of the bidder;
c.whether the bidder can perform the contract within the specified time frame;
d.the quality of bidder performance on prior contracts;
e.such other information that may be secured and that has a bearing on the decision to award the contract;
3.Technical Approach; and
4.Cost Proposal.
Evaluation criteria will become public information at the time of the Request for Proposal opening. Evaluation criteria and a list of respondents will be posted to the State Purchasing Bureau website at http://www.das.state.ne.us/materiel/purchasing/rfp.htm Evaluation criteria will not be released prior to the proposal opening.
M.EVALUATION COMMITTEE
Proposals will be independently evaluated by members of the Evaluation Committee(s). The committee(s) will consist of staff with the appropriate expertise to conduct such proposal evaluations. Names of the members of the Evaluation Committee(s) will not become public information.
Prior to award, bidders are advised that only the point of contact indicated on the front cover of this Request For Proposal For Contractual Services Form can clarify issues or render any opinion regarding this Request for Proposal. No individual member of the State, employee of the State or member of the Evaluation Committee(s) is empowered to make binding statements regarding this Request for Proposal.
N.MANDATORY REQUIREMENTS
The proposals will first be examined to determine if all mandatory requirements listed below have been addressed to warrant further evaluation. Proposals not meeting mandatory requirements will be excluded from further evaluation. The mandatory requirement items are as follows:
1.Signed Request For Proposal For Contractual Services form;
2.Executive Summary;
3.Corporate Overview;
4.Technical Approach; and
5.Cost Proposal.
O.REFERENCE CHECKS
The State reserves the right to check any reference(s), regardless of the source of the reference information, including but not limited to, those that are identified by the company in the proposal, those indicated through the explicitly specified contacts, those that are identified during the review of the proposal, or those that result from communication with other entities involved with similar projects.
Information to be requested and evaluated from references may include, but is not limited to, some or all of the following: project description and background, job performed, functional and technical abilities, communication skills and timeliness, cost and schedule estimates and accuracy, problems (poor quality deliverables, contract disputes, work stoppages, et cetera), overall performance, and whether or not the reference would rehire the firm or individual. Only top scoring bidders may receive reference checks and negative references may eliminate bidders from consideration for award.
P.SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS
All bidders are expected to comply with any statutory registration requirements. It is the responsibility of the bidder who is the recipient of an Intent to Award to comply with any statutory registration requirements pertaining to types of business entities (e.g. a foreign or Nebraska corporation, non-resident contractor, limited partnership, or other type of business entity). The bidder who is the recipient of Intent to Award will be required to certify that it has so complied and produce a true and exact copy of its registration certificate, or, in the case registration is not required, to provide the reason as to why none is required. This must be accomplished prior to the award of contract.
Q.VIOLATION OF TERMS AND CONDITIONS
Violation of the terms and conditions contained in this Request for Proposal or any resultant contract, at any time before or after the award, shall be grounds for action by the State which may include, but is not limited to, the following:
1.rejection of a bidders proposal;
2.suspension of the bidder from further bidding with the State for the period of time relative to the seriousness of the violation, such period to be within the sole discretion of the State.
III.TERMS AND CONDITIONS
By signing the Request For Proposal For Contractual Services form, the bidder guarantees compliance with the provisions stated in this Request for Proposal, agrees to the terms and conditions and certifies bidder maintains a drug free work place environment.
Bidders are expected to closely read the Terms and Conditions and provide a binding signature of intent to comply with the Terms and Conditions; provided, however, a bidder may indicate any exceptions to the Terms and Conditions by (1) clearly identifying the term or condition by subsection, (2) including an explanation for the bidders inability to comply with such term or condition which includes a statement recommending terms and conditions the bidder would find acceptable. Rejection in whole or in part of the Terms and Conditions may be cause for rejection of a bidders proposal.
A.GENERAL
The contract resulting from this Request for Proposal shall incorporate the following documents:
1.the signed Request For Proposal form;
2.the original Request for Proposal document;
3.any Request for Proposal addenda and/or amendments to include questions and answers;
4.the contractors proposal;
5.any contract amendments, in order of significance; and
6.contract award.
Unless otherwise specifically stated in a contract amendment, in case of any conflict between the incorporated documents, the documents shall govern in the following order of preference with number one (1) receiving preference over all other documents and with each lower numbered document having preference over any higher numbered document: 1) the contract award, 2) contract amendments with the latest dated amendment having the highest priority, 3) Request for Proposal addenda and/or amendments with the latest dated amendment having the highest priority, 4) the original Request for Proposal, 5) the signed Request For Proposal form, 6) the contractors proposal.
Any ambiguity in any provision of this contract which shall be discovered after its execution shall be resolved in accordance with the rules of contract interpretation as established in the State of Nebraska.
Once proposals are opened they become the property of the State of Nebraska and will not be returned.
B.AWARD
All purchases, leases, or contracts which are based on competitive proposals will be awarded according to the provisions in the Request for Proposal. The State reserves the right to reject any or all proposals, wholly or in part, or to award to multiple bidders in whole or in part, and at its discretion, may withdraw or amend the Request for Proposal at any time. The State reserves the right to waive any deviations or errors that are not material, do not invalidate the legitimacy of the proposal, and do not improve the bidders competitive position. All awards will be made in a manner deemed in the best interest of the State. The Request for Proposal does not commit the State to award a contract. If, in the opinion of the State, revisions or amendments will require substantive changes in proposals, the due date may be extended.
By submitting a proposal in response to this Request for Proposal, the bidder grants to the State the right to contact or arrange a visit in person with any or all of the bidders clients.
Once an intent to award decision has been determined, it will be posted to the Internet at:
http://www.das.state.ne.us/materiel/purchasing/rfp.htm
Grievance and protest procedure is available on the Internet at:
http://www.das.state.ne.us/materiel/purchasing/agencycommoditiesprocurementmanual/ProtestGrievanceProcedureForCommodities&Services.doc
Any protests must be filed by a vendor within ten (10) calendar days after the intent to award decision is posted to the Internet.
C.COMPLIANCE WITH CIVIL RIGHTS LAWS AND EQUAL OPPORTUNITY EMPLOYMENT / NONDISCRIMINATION
The contractor shall comply with all applicable local, State and Federal statutes and regulations regarding civil rights laws and equal opportunity employment. The Nebraska Fair Employment Practice Act prohibits contractors of the State of Nebraska, and their subcontractors, from discriminating against any employee or applicant for employment, with respect to hire, tenure, terms, conditions or privileges of employment because of race, color, religion, sex, disability, or national origin (Neb. Rev. Stat. 48-1101 to 48-1125). The contractor guarantees compliance with the Nebraska Fair Employment Practice Act, and breach of this provision shall be regarded as a material breach of contract. The contractor shall insert a similar provision in all subcontracts for services to be covered by any contract resulting from this Request for Proposal.
D.PERMITS, REGULATIONS, LAWS
The contractor shall procure and pay for all permits, licenses and approvals necessary for the execution of the contract. The contractor shall comply with all applicable local, state, and federal laws, ordinances, rules, orders and regulations.
E.OWNERSHIP OF INFORMATION AND DATA
The State of Nebraska shall have the unlimited right to publish, duplicate, use and disclose all information and data developed or derived by the contractor pursuant to this contract.
The contractor must guarantee that it has the full legal right to the materials, supplies, equipment, and other rights or titles (e.g. rights to licenses transfer or assign deliverables) necessary to execute this contract. The contract price shall, without exception, include compensation for all royalties and costs arising from patents, trademarks and copyrights that are in any way involved in the contract. It shall be the responsibility of the contractor to pay for all royalties and costs, and the State must be held harmless from any such claims.
F.INSURANCE REQUIREMENTS
Subject to waiver by the State, in whole or in part, of these requirements, the contractor shall not commence work under this contract until he or she has obtained all the insurance required hereunder and such insurance has been approved by the State. The contractor shall not allow any subcontractor to commence work on his or her subcontract until all similar insurance required of the subcontractor has been obtained and approved by the State (or contractor). Approval of the insurance by the State shall not limit, relieve or decrease the liability of the contractor hereunder.
If by the terms of any insurance a mandatory deductible is required, or if the contractor elects to increase the mandatory deductible amount, the contractor shall be responsible for payment of the amount of the deductible in the event of a paid claim.
1.WORKERS COMPENSATION INSURANCE
The contractor shall take out and maintain during the life of this contract the statutory Workers Compensation and Employer's Liability Insurance for all of the contactors employees to be engaged in work on the project under this contract and, in case any such work is sublet, the contractor shall require the subcontractor similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the subcontractors employees to be engaged in such work. This policy shall be written to meet the statutory requirements for the state in which the work is to be performed, including Occupational Disease. This policy shall include a waiver of subrogation in favor of the State. The amounts of such insurance shall not be less than the limits stated hereinafter.
2.COMMERCIAL GENERAL LIABILITY INSURANCE AND COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
The contractor shall take out and maintain during the life of this contract such Commercial General Liability Insurance and Commercial Automobile Liability Insurance as shall protect contractor and any subcontractor performing work covered by this contract from claims for damages for bodily injury, including death, as well as from claims for property damage, which may arise from operations under this contract, whether such operation be by the contractor or by any subcontractor or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall not be less than limits stated hereinafter.
The Commercial General Liability Insurance shall be written on an occurrence basis, and provide Premises/Operations, Products/Completed Operations, Independent Contractors, Personal Injury and Contractual Liability coverage. The policy shall include the State, and others as required by the Contract Documents, as an Additional Insured. This policy shall be primary, and any insurance or self-insurance carried by the State shall be considered excess and non-contributory. The Commercial Automobile Liability Insurance shall be written to cover all Owned, Non-owned and Hired vehicles.
3.INSURANCE COVERAGE AMOUNTS REQUIRED
a.WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY
Coverage AStatutory
Coverage B
Bodily Injury by Accident$100,000 each accident
Bodily Injury by Disease$500,000 policy limit
Bodily Injury by Disease$100,000 each employee
b.COMMERCIAL GENERAL LIABILITY
General Aggregate$2,000,000
Products/Completed Operations Aggregate$2,000,000
Personal/Advertising Injury$1,000,000 any one person
Bodily Injury/Property Damage$1,000,000 per occurrence
Fire Damage$50,000 any one fire
Medical Payments$5,000 any one person
c.COMMERCIAL AUTOMOBILE LIABILITY
Bodily Injury/Property Damage$1,000,000 combined single limit
d.UMBRELLA/EXCESS LIABILITY
Over Primary Insurance$1,000,000 per occurrence
4.EVIDENCE OF COVERAGE
The contractor should furnish the State, with their proposal response, a certificate of insurance coverage complying with the above requirements, which State Purchasing will submit to Administrative Services, Risk Management Division, 521 S. 14th Street, Suite 104, Lincoln, NE 68508 (facsimile 402-471-2800). These certificates or the cover sheet shall reference the RFP number, and the certificates shall include the name of the company, policy numbers, effective dates, dates of expiration and amounts and types of coverage afforded. If the State is damaged by the failure of the contractor to maintain such insurance, then the contractor shall be responsible for all reasonable costs properly attributable thereto.
Notice of cancellation of any required insurance policy must be submitted to Administrative Services Risk Management when issued and a new coverage binder shall be submitted immediately to ensure no break in coverage.
G.COOPERATION WITH OTHER CONTRACTORS
The State may already have in place or choose to award supplemental contracts for work related to this Request for Proposal, or any portion thereof.
1.The State reserves the right to award the contract jointly between two or more potential contractors, if such an arrangement is in the best interest of the State.
2.The contractor shall agree to cooperate with such other contractors, and shall not commit or permit any act which may interfere with the performance of work by any other contractor.
H.INDEPENDENT CONTRACTOR
It is agreed that nothing contained herein is intended or should be construed in any manner as creating or establishing the relationship of partners between the parties hereto. The contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under the contract. The contractors employees and other persons engaged in work or services required by the contractor under the contract shall have no contractual relationship with the State; they shall not be considered employees of the State.
All claims on behalf of any person arising out of employment or alleged employment (including without limit claims of discrimination against the contractor, its officers or its agents) shall in no way be the responsibility of the State. The contractor will hold the State harmless from any and all such claims. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits from the State including without limit, tenure rights, medical and hospital care, sick and vacation leave, severance pay or retirement benefits.
I.CONTRACTOR RESPONSIBILITY
The contractor is solely responsible for fulfilling the contract, with responsibility for all services offered and products to be delivered as stated in the Request for Proposal, the contractors proposal, and the resulting contract. The contractor shall be the sole point of contact regarding all contractual matters.
If the contractor intends to utilize any subcontractors' services, the subcontractors' level of effort, tasks and time allocation must be clearly defined in the contractor's proposal. The contractor shall agree that it will not utilize any subcontractors not specifically included in its proposal, in the performance of the contract, without the prior written authorization of the State. Following execution of the contract, the contractor shall proceed diligently with all services and shall perform such services with qualified personnel in accordance with the contract.
J.CONTRACTOR PERSONNEL
The contractor warrants that all persons assigned to the project shall be employees of the contractor or specified subcontractors, and shall be fully qualified to perform the work required herein. Personnel employed by the contractor to fulfill the terms of the contract shall remain under the sole direction and control of the contractor. The contractor shall include a similar provision in any contract with any subcontractor selected to perform work on the project.
Personnel commitments made in the contractor's proposal shall not be changed without the prior written approval of the State. Replacement of key personnel, if approved by the State, shall be with personnel of equal or greater ability and qualifications.
The State reserves the right to require the contractor to reassign or remove from the project any contractor or subcontractor employee.
In respect to its employees, the contractor agrees to be responsible for the following:
1.any and all employment taxes and/or other payroll withholding;
2.any and all vehicles used by the contractors employees, including all insurance required by state law;
3.damages incurred by contractors employees within the scope of their duties under the contract;
4.maintaining workers compensation and health insurance and submitting any reports on such insurance to the extent required by governing State law; and
5.determining the hours to be worked and the duties to be performed by the contractors employees.
Notice of cancellation of any required insurance policy must be submitted to the State when issued and a new coverage binder shall be submitted immediately to ensure no break in coverage.
K.STATE OF NEBRASKA PERSONNEL RECRUITMENT PROHIBITION
The contractor shall not, at any time, recruit or employ any State employee or agent who has worked on the Request for Proposal or project, or who had any influence on decisions affecting the Request for Proposal or project.
L.CONFLICT OF INTEREST
By submitting a proposal, bidder certifies that there does not now exist any relationship between the bidder and any person or entity which is or gives the appearance of a conflict of interest related to this Request for Proposal or project.
The bidder certifies that it shall not take any action or acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of its services hereunder or which creates an actual or appearance of conflict of interest.
The bidder certifies that it will not employ any individual known by bidder to have a conflict of interest.
M.PROPOSAL PREPARATION COSTS
The State shall not incur any liability for any costs incurred by bidders in replying to this Request for Proposal, in the demonstrations, or oral presentations, or in any other activity related to bidding on this Request for Proposal.
N.ERRORS AND OMISSIONS
The bidder shall not take advantage of any errors and/or omissions in this Request for Proposal or resulting contract. The bidder must promptly notify the State of any errors and/or omissions that are discovered.
O.BEGINNING OF WORK
The bidder shall not commence any billable work until a valid contract has been fully executed by the State and the successful contractor. The contractor will be notified in writing when work may begin.
P.ASSIGNMENT BY THE STATE
The State shall have the right to assign or transfer the contract or any of its interests herein to any agency, board, commission, or political subdivision of the State of Nebraska. There shall be no charge to the State for any assignment hereunder.
Q.ASSIGNMENT BY THE CONTRACTOR
The contractor may not assign, voluntarily or involuntarily, the contract or any of its rights or obligations hereunder (including without limitation rights and duties of performance) to any third party, without the prior written consent of the State, which will not be unreasonably withheld.
R.DEVIATIONS FROM THE REQUEST FOR PROPOSAL
The requirements contained in the Request for Proposal become a part of the terms and conditions of the contract resulting from this Request for Proposal. Any deviations from the Request for Proposal must be clearly defined by the bidder in its proposal and, if accepted by the State, will become part of the contract. Any specifically defined deviations must not be in conflict with the basic nature of the Request for Proposal or mandatory requirements. Deviation, for the purposes of this RFP, means any proposed changes or alterations to either the contractual language or deliverables within the scope of this RFP. The State discourages deviations and reserves the right to reject proposed deviations.
S.GOVERNING LAW
The contract shall be governed in all respects by the laws and statutes of the State of Nebraska. Any legal proceedings against the State of Nebraska regarding this Request for Proposal or any resultant contract shall be brought in the State of Nebraska administrative or judicial forums as defined by State law. The contractor must be in compliance with all Nebraska statutory and regulatory law.
T.ATTORNEY'S FEES
In the event of any litigation, appeal or other legal action to enforce any provision of the contract, the contractor agrees to pay all expenses of such action, as permitted by law, including attorney's fees and costs, if the State is the prevailing party.
U.ADVERTISING
The contractor agrees not to refer to the contract award in advertising in such a manner as to state or imply that the company or its services are endorsed or preferred by the State. News releases pertaining to the project shall not be issued without prior written approval from the State.
V.STATE PROPERTY
The contractor shall be responsible for the proper care and custody of any State-owned property which is furnished for the contractor's use during the performance of the contract. The contractor shall reimburse the State for any loss or damage of such property, normal wear and tear is expected.
W.SITE RULES AND REGULATIONS
The contractor shall use its best efforts to ensure that its employees, agents and subcontractors comply with site rules and regulations while on State premises. If the contractor must perform on-site work outside of the daily operational hours set forth by the State, it must make arrangements with the State to ensure access to the facility and the equipment has been arranged. No additional payment will be made by the State on the basis of lack of access, unless the State fails to provide access as agreed to between the State and the contractor.
X.NOTIFICATION
During the bid process, all communication between the State and a bidder shall be between the bidders representative clearly noted in its proposal and the buyer noted in Section II, A. Procuring Office and Contact Person of this RFP. After the award of the contract, all notices under the contract shall be deemed duly given upon delivery to the staff designated as the point of contact for this Request for Proposal, in person, or upon delivery by U.S. Mail, facsimile, or e-mail. Each bidder should provide in its proposal the name, title and complete address of its designee to receive notices.
1.Except as otherwise expressly specified herein, all notices, requests or other communications shall be in writing and shall be deemed to have been given if delivered personally or mailed, by U.S. Mail, postage prepaid, return receipt requested, to the parties at their respective addresses set forth above, or at such other addresses as may be specified in writing by either of the parties. All notices, requests, or communications shall be deemed effective upon personal delivery or three (3) days following deposit in the mail.
2.Whenever the contractor encounters any difficulty which is delaying or threatens to delay its timely performance under the contract, the contractor shall immediately give notice thereof in writing to the State reciting all relevant information with respect thereto. Such notice shall not in any way constitute a basis for an extension of the delivery schedule or be construed as a waiver by the State of any of its rights or remedies to which it is entitled by law or equity or pursuant to the provisions of the contract. Failure to give such notice, however, may be grounds for denial of any request for an extension of the delivery schedule because of such delay.
Either party may change its address for notification purposes by giving notice of the change, and setting forth the new address and an effective date.
For the duration of the contract, all communication between contractor and the State regarding the contract shall take place between the contractor and individuals specified by the State in writing. Communication about the contract between contractor and individuals not designated as points of contact by the State is strictly forbidden.
Y.EARLY TERMINATION
The contract may be terminated as follows:
1.The State and the contractor, by mutual written agreement, may terminate the contract at any time.
2.The State, in its sole discretion, may terminate the contract for any reason upon 30 days written notice to the contractor. Such termination shall not relieve the contractor of warranty or other service obligations incurred under the terms of the contract. In the event of cancellation the contractor shall be entitled to payment, determined o
