STATE OF MICHIGAN
Department of Technology, Management and Budget
Purchasing Operations
Request for Proposal No. 071I0200208
Centralized Electronic Payment and Authorization System (CEPAS)
Buyer Name: Laura Gyorkos
Telephone Number: 517-373-1455
E-Mail Address:
Estimated Timeline:
Key Milestone: / Date:Issue Date / 7/26/10
Questions Due / 8/5/10
Anticipated Addenda Posting / 8/12/10
Bid Due Date / 9/2/10
Anticipated Award Date / 10/18/10
Finance and Claims / 11/9/10
State Administrative Board Approval / 11/16/10
Anticipated Contract Start Date / 12/1/10
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S:\Common\IT Group\Projects\CEPAS B0X00XXX\3 RFP\071I0200208 RFP.doc
RFP No. 071I0200208
RFP Checklist for Bidder Proposal Contents and Responsiveness
This checklist is provided for your convenience to help remind you of the important requirements of the RFP. The list may not be all-inclusive. The bidder is responsible to read the RFP and submit all the required responses. If you have any questions concerning these requirements please contact the Buyer listed on the front page of this RFP document.
Article 1:
______Responses have been provided for all items requested in Article 1, Statement of Work, as requested. Technical Proposal Requirements have been met and responses are included within the format designated by the State in Article 3.
Article 2:
______Statement that a Certificate of Insurance will be provided as a condition of award has been included.
______Acknowledgment and concurrence with each term and condition listed in Article 2 of the RFP document has been provided within your proposal, with any comments or issues clearly identified.
Article 3:
______The complete proposal was submitted to the appropriate location and on time, with one signed original, the appropriate number of additional copies, and the instructed number of copies of the electronic version on CD.
Article 4: Reserved
Article 5:
______ Responses have been provided for all items requested in Article 5.
Attachments:
______Attachment A - Price Proposal
______Attachment B - Organization chart
______Attachment C - Project Plan
Table of Contents
DEFINITIONS 8
GLOSSARY 10
Article 1 – Statement of Work (SOW) 12
1.000 Project Identification 12
1.001 Project Request 12
1.002 Background 12
1.100 Scope of Work and Deliverables 13
1.101 In Scope 13
1.102 Out Of Scope 15
1.103 Environment 15
1.104 Work and Deliverable 17
1.200 Roles and Responsibilities 74
1.201 Contractor Staff, Roles, And Responsibilities 74
1.202 State Staff, Roles, And Responsibilities 75
1.203 Other Roles And Responsibilities 76
1.300 Project Plan 76
1.301 Project Plan Management 76
1.302 Reports 77
1.400 Project Management 80
1.401 Issue Management 80
1.402 Risk Management 81
1.403 Change Management 81
1.500 Acceptance 82
1.501 Criteria 82
1.502 Final Acceptance 83
1.600 Compensation and Payment 83
1.601 Compensation And Payment 83
1.602 Holdback 85
Article 2, Terms and Conditions 93
2.000 Contract Structure and Term 93
2.001 Contract Term 93
2.002 Options to Renew 93
2.003 Legal Effect 93
2.004 Attachments & Exhibits 93
2.005 Ordering 93
2.006 Order of Precedence 93
2.007 Headings 94
2.008 Form, Function & Utility 94
2.009 Reformation and Severability 94
2.010 Consents and Approvals 94
2.011 No Waiver of Default 94
2.012 Survival 94
2.020 Contract Administration 94
2.021 Issuing Office 94
2.022 Contract Compliance Inspector 95
2.023 Project Manager 95
2.024 Change Requests 95
2.025 Notices 96
2.026 Binding Commitments 97
2.027 Relationship of the Parties 97
2.028 Covenant of Good Faith 97
2.029 Assignments 97
2.030 General Provisions 97
2.031 Media Releases 97
2.032 Contract Distribution 97
2.033 Permits 98
2.034 Website Incorporation 98
2.035 Future Bidding Preclusion 98
2.036 Freedom of Information 98
2.037 Disaster Recovery 98
2.040 Financial Provisions 98
2.041 Fixed Prices for Services/Deliverables 98
2.042 Adjustments for Reductions in Scope of Services/Deliverables 98
2.043 Services/Deliverables Covered 98
2.044 Invoicing and Payment – In General 99
2.045 Pro-ration 99
2.046 Antitrust Assignment 99
2.047 Final Payment 99
2.048 Electronic Payment Requirement 99
2.050 Taxes 100
2.051 Employment Taxes 100
2.052 Sales and Use Taxes 100
2.060 Contract Management 100
2.061 Contractor Personnel Qualifications 100
2.062 Contractor Key Personnel 100
2.063 Re-assignment of Personnel at the State’s Request 101
2.064 Contractor Personnel Location 101
2.065 Contractor Identification 101
2.066 Cooperation with Third Parties 101
2.067 Contract Management Responsibilities 101
2.068 Contractor Return of State Equipment/Resources 102
2.070 Subcontracting by Contractor 102
2.071 Contractor full Responsibility 102
2.072 State Consent to delegation 102
2.073 Subcontractor bound to Contract 102
2.074 Flow Down 102
2.075 Competitive Selection 102
2.080 State Responsibilities 102
2.081 Equipment 103
2.082 Facilities 103
2.090 Security 103
2.091 Background Checks 103
2.092 Security Breach Notification 103
2.093 PCI DATA Security Requirements 103
2.100 Confidentiality 104
2.101 Confidentiality 104
2.102 Protection and Destruction of Confidential Information 104
2.103 Exclusions 104
2.104 No Implied Rights 105
2.105 Respective Obligations 105
2.110 Records and Inspections 105
2.111 Inspection of Work Performed 105
2.112 Examination of Records 105
2.113 Retention of Records 105
2.114 Audit Resolution 105
2.115 Errors 105
2.120 Warranties 106
2.121 Warranties and Representations 106
2.122 Warranty of Merchantability 107
2.123 Warranty of Fitness for a Particular Purpose 107
2.124 Warranty of Title 107
2.125 Equipment Warranty 107
2.126 Equipment to be New 107
2.127 Prohibited Products 108
2.128 Consequences for Breach 108
2.130 Insurance 108
2.131 Liability Insurance 108
2.132 Subcontractor Insurance Coverage 110
2.133 Certificates of Insurance and Other Requirements 110
2.140 Indemnification 110
2.141 General Indemnification 110
2.142 Code Indemnification 110
2.143 Employee Indemnification 110
2.144 Patent/Copyright Infringement Indemnification 111
2.145 Continuation of Indemnification Obligations 111
2.146 Indemnification Procedures 111
2.150 Termination/Cancellation 112
2.151 Notice and Right to Cure 112
2.152 Termination for Cause 112
2.153 Termination for Convenience 112
2.154 Termination for Non-Appropriation 113
2.155 Termination for Criminal Conviction 113
2.156 Termination for Approvals Rescinded 113
2.157 Rights and Obligations upon Termination 113
2.158 Reservation of Rights 114
2.160 Termination by Contractor 114
2.161 Termination by Contractor 114
2.170 Transition Responsibilities 114
2.171 Contractor Transition Responsibilities 114
2.172 Contractor Personnel Transition 114
2.173 Contractor Information Transition 114
2.174 Contractor Software Transition 115
2.175 Transition Payments 115
2.176 State Transition Responsibilities 115
2.180 Stop Work 115
2.181 Stop Work Orders 115
2.182 Cancellation or Expiration of Stop Work Order 115
2.183 Allowance of Contractor Costs 116
2.190 Dispute Resolution 116
2.191 In General 116
2.192 Informal Dispute Resolution 116
2.193 Injunctive Relief 116
2.194 Continued Performance 117
2.200 Federal and State Contract Requirements 117
2.201 Nondiscrimination 117
2.202 Unfair Labor Practices 117
2.203 Workplace Safety and Discriminatory Harassment 117
2.204 Prevailing Wage 117
2.210 Governing Law 118
2.211 Governing Law 118
2.212 Compliance with Laws 118
2.213 Jurisdiction 118
2.220 Limitation of Liability 118
2.221 Limitation of Liability 118
2.230 Disclosure Responsibilities 118
2.231 Disclosure of Litigation 118
2.232 Call Center Disclosure 119
2.233 Bankruptcy 119
2.240 Performance 119
2.241 Time of Performance 119
2.242 Service Level Agreement (SLA) 120
2.243 Liquidated Damages 120
2.244 Excusable Failure 121
2.250 Approval of Deliverables 121
2.251 Delivery of Deliverables 121
2.252 Contractor System Testing 122
2.253 Approval of Deliverables, In General 122
2.254 Process for Approval of Written Deliverables 122
2.255 Process for Approval of Custom Software Deliverables 122
2.256 Final Acceptance 122
2.260 Ownership 122
2.261 Ownership of Work Product by State 122
2.262 Vesting of Rights 122
2.263 Rights in Data 122
2.264 Ownership of Materials 122
2.270 State Standards 122
2.271 Existing Technology Standards 122
2.272 Acceptable Use Policy 122
2.273 Systems Changes 122
2.280 Extended Purchasing 122
2.281 MiDEAL (Michigan Delivery Extended Agreements Locally 122
2.282 State Employee Purchases 122
2.290 Environmental Provision 122
2.291 Environmental Provision 122
2.300 Deliverables 122
2.301 Software 122
2.302 Hardware 122
2.303 Equipment to be New 122
2.304 Equipment to be New and Prohibited Products 122
2.310 Software Warranties 122
2.311 Performance Warranty 122
2.312 No Surreptitious Code Warranty 122
2.313 Calendar Warranty 122
2.314 Third-party Software Warranty 122
2.315 Physical Media Warranty 122
2.320 Software Licensing 122
2.321 Cross-License, Deliverables Only, License to Contractor 122
2.322 Cross-License, Deliverables and Derivative Work, License to Contractor 122
2.323 License Back to the State 122
2.324 License Retained by Contractor 122
2.325 Pre-existing Materials for Custom Software Deliverables 122
2.330 Source Code Escrow 122
2.331 Definition 122
2.332 Delivery of Source Code into Escrow 122
2.333 Delivery of New Source Code into Escrow 122
2.334 Verification 122
2.335 Escrow Fees 122
2.336 Release Events 122
2.337 Release Event Procedures 122
2.338 License 122
2.339 Derivative Works 122
2.400 Other Provisions 122
2.411 Forced Labor, Convict Labor, or Indentured Servitude Made Materials 122
2.421 Knowledge of Child Labor for Listed End Products 122
Article 3 – Bid Process and Evaluation Criteria 122
3.010 Introduction 122
3.011 Pre Bid Meetings 122
3.012 Communications 122
3.013 Questions 122
3.020 Award Process 122
3.021 Method of Evaluation 122
3.022 Evaluation Criteria 122
3.023 Price Evaluation 122
3.024 Award Recommendation 122
3.025 Reservations 122
3.026 Award Decision 122
3.027 Protests 122
3.028 State Administrative Board 122
3.030 Laws Applicable to Award 122
3.031 Reciprocal Preference 122
3.032 Qualified Disabled Veteran Preference 122
3.033 Independent Price Determination 122
3.034 Taxes 122
3.040 Possible Additional Considerations/Processes 122
3.041 Clarifications 122
3.042 Past Performance with the state of Michigan 122
3.043 Financial Stability 122
3.044 Energy Efficiency/Environmental Purchasing Policy 122
3.045 Pricing Negotiations 122
3.046 Best and Final Offer (BAFO) 122
3.050 Proposal Details 122
3.051 Complete Proposal 122
3.052 Efficient Proposal 122
3.053 Price and Notations 122
3.054 Double Sided on Recycled Paper 122
3.055 Proposal Format 122
3.060 Submitting Bids and Proposals 122
3.061 Sealed Bid Receipt 122
3.062 Proposal Submission 122
3.063 Responses 122
3.070 Possible Bond Requirements – not applicable 122
Article 4 – RESERVED 122
Article 5 – Required Bidder Information 122
5.010 Bidder Information 122
5.011 Company Information 122
5.012 Vendor contact during RFP process 122
5.013 Authorized Contract Signatory 122
5.014 Prior Experience 122
5.015 Past Performance 122
5.016 Contract Performance 122
5.017 Place of Performance 122
5.018 Disclosure of Litigation 122
5.019 MIDEAL - Extended Purchasing 122
Appendices
Appendix A FY2009 CEPAS Volume
Appendix B Payment Processing Flow Charts
Appendix C Key Entry Payment Screen Fields
Appendix D API Data Requirements
Appendix E Feedback File Data Elements
Appendix F CEPAS Incident Report
Appendix G DTMB Organization Chart
Appendix H Receipts Processing Division Organization Chart
Appendix I CEPAS Applications Monthly and YTD Statistics
Appendix J Customizable Web and IVR Solution - Calendar 2009 Volumes
Appendix K Vendor Gateway-to-Gateway VPN Service
Appendix L Non-Disclosure Agreement - DIT-0049
Appendix M Downtime, System Response Time, Service Level Agreement.
Appendix N System Response Time, Service Level Agreement.
DEFINITIONS
Days / Means calendar days unless otherwise specified.24x7x365 / Means 24 hours a day, seven days a week, and 365 days a year (including the 366th day in a leap year).
Additional Service / Means any Services/Deliverables within the scope of the Contract, but not specifically provided under any Statement of Work, that once added will result in the need to provide the Contractor with additional consideration.
Audit Period / See Section 2.110
Business Day / Whether capitalized or not, shall mean any day other than a Saturday, Sunday or State-recognized legal holiday (as identified in the Collective Bargaining Agreement for State employees) from 8:00am EST through 5:00pm EST unless otherwise stated.
Blanket Purchase Order / An alternate term for Contract as used in the States computer system.
Business Critical / Any function identified in any Statement of Work as Business Critical.
Chronic Failure / Defined in any applicable Service Level Agreements.
Deliverable / Physical goods and/or commodities as required or identified by a Statement of Work
DTMB / Michigan Department of Technology, Management and Budget
Environmentally preferable products / A product or service that has a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. Such products or services may include, but are not limited to, those that contain recycled content, minimize waste, conserve energy or water, and reduce the amount of toxics either disposed of or consumed.
Excusable Failure / See Section 2.244.
Hazardous material / Any material defined as hazardous under the latest version of federal Emergency Planning and Community Right-to-Know Act of 1986 (including revisions adopted during the term of the Contract).
Incident / Any interruption in Services.
ITB / A generic term used to describe an Invitation to Bid. The ITB serves as the document for transmitting the RFP to potential bidders
Key Personnel / Any Personnel designated in Article 1 as Key Personnel.
New Work / Any Services/Deliverables outside the scope of the Contract and not specifically provided under any Statement of Work, that once added will result in the need to provide the Contractor with additional consideration.
Ozone-depleting substance / Any substance the Environmental Protection Agency designates in 40 CFR part 82 as: (1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or (2) Class II, including, but not limited to, hydro chlorofluorocarbons
Post-Consumer Waste / Any product generated by a business or consumer which has served its intended end use, and which has been separated or diverted from solid waste for the purpose of recycling into a usable commodity or product, and which does not include post-industrial waste.
Post-Industrial Waste / Industrial by-products that would otherwise go to disposal and wastes generated after completion of a manufacturing process, but do not include internally generated scrap commonly returned to industrial or manufacturing processes.
Recycling / The series of activities by which materials that are no longer useful to the generator are collected, sorted, processed, and converted into raw materials and used in the production of new products. This definition excludes the use of these materials as a fuel substitute or for energy production.
Deleted – Not Applicable / Section is not applicable or included in this RFP. This is used as a placeholder to maintain consistent numbering.