RFO# 304(315)-09-2190JS

Texas Comptroller of Public Accounts

Susan Combs, Comptroller

Banner for College Savings Suite

Software Maintenance and Related Services

Request for Offers

RFO# 304(315)-09-2190JS

May 223, 2008

Table of Contents

I.Summary

II.Specifications

A. Introduction

B.Authority; Background

C. Definitions

D. Scope of Work

E. Independent Contractor

F. Warranty of Performance

G. CPA Security Review

H.Acceptance Criteria

I. PO Term

J.Payments

K. Discounts

L. Addition and Deletion

M.HUB Participation

N. Respondent Documents

O. Respondent Exceptions

P. Electronic Copy of Successful Respondent’s Offer

III. Offer Requirements

A. Number of Copies Required

B. Format of Offer

IV.Mandatory Pricing Form

V.Standard Terms and Conditions

VI.Execution of Offer

VII.Conflict of Interest/Disclosures

VIII.Criminal Conviction Certification

IX.Nondisclosure Agreement

X.Insurance and Bonds

XI.Confidential Tax/Vendor Information Agreement

XII.Approval Form to Copy Documentation

XIII.HUB Subcontracting Plan Information

I.Summary...... 3

II.Specifications...... 5

A. Introduction...... 5

B.Authority; Background...... 5

C. Definitions...... 5

D. Scope of Work...... 6

E. Independent Contractor...... 8

F. Warranty of Performance...... 8

G. CPA Security Review...... 8

H.Acceptance Criteria...... 9

I. PO Term...... 9

J.Payments...... 9

K. Discounts...... 9

L. Addition and Deletion...... 9

M.HUB Participation...... 10

N. Respondent Documents...... 10

O. Respondent Exceptions...... 10

P. Electronic Copy of Successful Respondent’s Offer...... 10

III. Offer Requirements...... 12

A. Number of Copies Required...... 12

B. Format of Offer...... 12

IV.Mandatory Pricing Form...... 15

V.Standard Terms and Conditions...... 16

VI.Execution of Offer...... 29

VII.Conflict of Interest/Disclosures...... 33

VIII.Criminal Conviction Certification...... 34

IX.Nondisclosure Agreement...... 36

X.Insurance and Bonds...... 37

XI.Confidential Tax/Vendor Information Agreement...... 38

XII.Approval Form to Copy Documentation...... 39

XIII.HUB Subcontracting Plan Information...... 40

I.Summary

1.Type of Solicitation:Request for Offer (RFO)

2.Issuing Office:Comptroller of Public Accounts

Purchasing Section

Room G-2, Attn: RFO# 304(315)-09-2190JS

111 E. 17th Street

Austin, Texas78774

ORComptroller of Public Accounts

Purchasing Section

Attn: RFO# 304(315)-09-2190JS

P O Box 12050

Austin, Texas78711-2050

3.Responses Requested From:Qualified Vendors

4.Additional Requirements/Qualifications:N/A

5.Type:Banner for College Savings Suite Software Maintenance and Related Services

6.Responses to RFO:Sealed Competitive Offers

7.Deadline for Offers:In Issuing Office No Later Than:

June 56, 2008; 2:00 p.m., Central Zone Time

8.Contract, if any, resulting from RFO:Purchase Order, PO, or Contract; Will Incorporate RFO

9. InitialPO Term. September 1, 2008 through August 31, 2009

10. CPA Optional Terms. September 1, 2009 through August 31, 2010

September 1, 2010 through August 31, 2011and

September 1, 2011 through August 31, 2012

11. CPA Contact Person for this RFO:John Stewart, CTPM

Fax Number: (512) 475-0223

Email:

12. Faxed OffersNot Acceptable

13. Pre-Offer Conference:N/A

14. Pre-Offer Inspection:N/A

15. Questions and Answers:Questions regarding this RFO must be in writing and must be submitted to CPA’s Contact Person specifiedabove in Part 11, no later than May 2930, 2008; 2:00 p.m. CZT.Telephone inquiries will not be accepted. Questions may be submitted by fax or email. CPA intends to post answers to these questions on the Electronic State Business Daily on or beforeMay June 230, 2008. Respondents are solely responsible for verifying CPA’s timely receipt of their questions by the deadline specified above.

Respondents are strongly encouraged to submit written questions during the official question and answer period, for example, regarding any term or condition of this RFO and whether or not CPA may negotiate that provision under this particular RFO.

16. Letters of Intent to Submit an Offer:N/A

17. Respondent Presentations:N/A

18. Evaluation of Offers under Best Value Standard (Section 2157.003, Texas Gov’t Code):

CriteriaWeight

Costs 40%

Respondent’s Past Performance, Qualifications & Experience20%

Technical Solution to CPA needs40%

Total:100%

The factors listed in Sections 2155.074, 2155.144, 2156.007, and 2157.003, Texas Government Code shall also be considered in making an award when specified.

19. Anticipated Schedule of Events:

CPA currently anticipates that the selection of Successful Respondent and award of any Purchase Order resulting from this RFO will proceed according to the following schedule:

May 223, 2008 / Issuance of RFO
May 2930, 2008 / Deadline for Submission of Questions (2:00 p.m., CZT)
May 30June 2, 2008 / Release of Official Responses to Questions (or as soon thereafter as practical)
June 56, 2008 / Deadline for Submission of Offers (2:00 p.m. CZT)
(Late Offers will not be considered)

CPA reserves the right, in its sole discretion, to change the above dates. Notices of changes to items directly impacting the original RFO or Offer process will be posted on the Electronic State Business Daily (ESBD) located at: Respondents should check the ESBD frequently for updates. Respondents are solely responsible for verifying CPA’s receipt of their questions, if applicable, and Offers by the deadlines specified above.

20.Building Security: Due to building access procedures at CPA’s LBJStateOfficeBuilding location, all Respondents are encouraged to allow additional time to obtain a visitor’s pass in order to deliver their Offers to the Issuing Office. CPA recommends arrival at the building a minimum of forty-five minutes prior to the deadline for receipt of Offers in the Issuing Office; however, regardless of arrival time, Respondents are solely responsible for ensuring delivery of Offers to and receipt of Offers in the Issuing Office by the deadline in order to be considered.

21. A response to this RFO is an offer to contract based upon the terms, conditions, and specifications contained herein (Offer). Offers do not become contracts until they are accepted through a purchase order. Any contract resulting from this RFO shall be governed, construed, and interpreted under the laws of the State of Texas. Any legal actions must be filed in TravisCounty, Texas.

II.Specifications

A. Introduction

The Texas Comptroller of Public Accounts (CPA),on behalf of the Texas Prepaid Higher Education Tuition Board (“Board”), issues this Request For Offer (RFO)to solicitpricing from qualified vendors forBanner for College Savings Suite Software Maintenance and Related Services as described in this Section and in this RFO. CPA’s objective is to obtain Banner for College Savings Suite Software Maintenance and Related Servicesthat represent the best value for CPA and the State of Texas according to the terms and conditions listed in this RFO.

In this RFO, all references to CPA specifically include the Texas Prepaid Higher Education Tuition Board.

CPA reserves the right not to award a Purchase Order (PO) for the performance of all or part of the requirements of this RFO. This RFO is not exclusive and CPA reserves the right to issue additional solicitations regarding the Services described in this RFO or similar services at any time. All Respondents are encouraged to offer their best pricing at all times.

All costs associated with the Banner for College Savings SuiteSoftware Maintenance and Related Services, as defined by this RFO, must be included in the Respondent’s Offer. Offers that do not meet all of the requirements or contain all of the required documentation specified in this RFO will be rejected as non-responsive.

It is CPA’s understanding that the requested items in this RFO may be proprietary to one vendor under Section 2155.067, Texas Government Code; however, CPA strongly encourages offers from all qualified Respondents that may be able to provide the requested items.

B.Authority; Background

This RFO is issued pursuant to Chapter 403 Texas Government Code and Chapter 54, Subchapter F and G, Texas Education Code.

The State’s prepaid higher education tuition program (Program) is administered by the Texas Prepaid Higher Education TuitionBoard, which is composed of seven members. The Comptroller is the executive director and Chair of the Board. The Board is authorized to enter into one or more contracts for the performance of services relating to the administration of the Program. In 2001, the Board obtained perpetual licenses for the Banner for College Savings Suite Software through its Records Administration and Management Services Agreement with SCT Software & Resource Management Corporation.

BearingPoint, Inc. currently serves as the Hosting and Disaster Recovery Service Provider for the Program. The CPA-designated Hosting and Disaster Recovery Service Providerdaily backs up filesand, with the assistance of the CPA-designated Service Provider, monitors the database. The CPA-designated Hosting and Disaster Recovery Service Provider maintains the connectivity between CPA and the database servers housed in San Angelo, Texas. Both the CPA-designated Hosting and Disaster Recovery Service Provider andSuccessful Respondent work together to ensure a secure environment for all data transfers and storage.

C. Definitions

  • CZT. Central Zone Time.
  • Documented Defect. A material deviation between the functionality of the Software in practice and as described in the documentation for the Software.
  • Enhancements. Changes to the Software that increase the functionality of the Software and that are included in a general resale of the Software, rather than a release incorporating custom modifications.
  • Improvements. Collectively, the Maintenance, Enhancements, and New Releases of the Software.
  • Maintenance. Providing assistance by addressing questions or problems with the Software, as well as providing avoidance procedures for or corrections of Documented Defects in the Software.
  • New Releases. New editions of the Software that constitute general releases, rather than releases incorporating custom modifications.
  • Software. CPA’s Banner for College Savings Suite Software which is licensed from SunGard SCT, Inc., formally known as SCT Software & Resource Management Corporation, and any authorized Improvements thereto.
  • Software Maintenance and Related Services (Services). All of the Software, software fees, software maintenance and technical support, updates, upgrades, improvements, enhancements, patches, fixes, documentation, and other items listed in this Section and the RFO. These Services must include, but not be limited to, shipping charges, freight charges, and any other costs associated with Successful Respondent’s performance under any PO resulting from this RFO.

D. Scope of Work

D.1. General. Successful Respondent shall provide Software Maintenance and Related Services for the Banner for College Savings Suite Software as described in this Section and the RFO. Successful Respondent must be a SunGard SCT, Inc. authorized provider of maintenance services for the Software. Respondent shall include all costs for providing the Software Maintenance and Related Services, as defined by this RFO, on the Mandatory Pricing Form located in Section IV of this RFO. If the Respondent desires to provide a discount for Advanced Technical Support Service hours purchased in a “block” of hours (e.g. 500 hours), then the Respondent shall identify the number of hours required for the block hour discount and the discounted hourly rate on the Mandatory Pricing Form on the row titled: Block Rate for Advanced Technical Support Services.

D.2.Software Maintenance and Support Services. During the term of any PO resulting from this RFO, Successful Respondent shall provide CPA, on a regular basis,with application software support which comprise the following:

  1. Provide Maintenance by addressing questions or problems with the Software, as well as providing avoidance procedures for or corrections of Documented Defects in the Software.
  2. Provide Enhancements by providing changes to the Software that increase the functionality of the Software and that are included in a general release of the Software.
  3. Provide New Releases by providing new editions of the Software that constitute general releases.

All Improvements will become part of the Software and will be licensed subject to all terms and conditions of the License Agreement and any PO resulting from this RFO.

D.3. Advanced Technical Support Services Provided upon CPA Request. Successful Respondent shall provide Advanced Technical Support Services to CPA upon CPA request. In each instance in which CPA requests Successful Respondent to perform Advanced Technical Support Services, CPA and Successful Respondent will develop a statement of work. The statement of work will set forth the specifications for the Advanced Technical Support Services and any deliverables to be produced thereby, a tentative schedule for performance, and each party’s obligations in connection with the performance of theservices. The statement of work shall be approved in writing by both parties before Successful Respondent commences performance of the Advanced Technical Support Services. The Advanced Technical Support Services include, but are not limited to, Database Services, Customization and Modification Services, and Conversion Services.

  1. Database Services. Database related services include database monitoring, database configuration, database tuning, correction of database errors, assessment of database backup and restoration procedures, and database restoration following a system failure. These services include, but are not limited to, the following:
  • Install and configure the CPA application databases.
  • Monitor database activities and tune the database as required, to ensure that the database operates effectively and that performance and reliability are maintained. The CPA-designated Hosting and Disaster Recovery Service Provider will coordinate monitoring with Successful Respondent.
  • Develop policies and procedures regarding administration of the dataset.
  • Identify and resolve database related problems, when notified by CPA of the existence of a problem. Problem resolution may include patching the database.
  • Propose changes, upgrades, or tuning adjustments to the database as necessary.
  • Notify the hosted equipment vendors of problems, requires equipment maintenance services as necessary, and assist such vendors in resolving any problems or defects with the hosted equipment.
  • Respond to database alerts, which will be sent to Successful Respondent and the CPA-designated Hosting and Disaster Recovery Service Provider.
  • Provide recommendations for security and backup-recovery plans, and work closely with the CPA-designated Hosting and Disaster Recovery Service Provider and the appropriate vendors to implement security and backup-recovery plans.
  • Create initial scripts to perform backup operations on a predetermined schedule, monitor execution of scripts for completion, and notify the CPA-designated Hosting and Disaster Recovery Service Provider of any issues.
  • Change scripts as needed when backup procedures change.
  • Restore databases as needed to resolve system problems.
  • Successful Respondent will back the database up to files and the CPA-designated Hosting and Disaster Recovery Service Provider will back the files up to a backup device.
  1. Customization and Modification Services. Customization or modification services for the Software include, but are not limited to, the following:
  • Install and configure the Software supporting the CPA application.
  • Provide question and answer services and signoff in the test environment, and provide test acceptance information to CPA.
  • Monitor the CPA application to ensure that performance and reliability are maintained.
  • Install and integrate software updates, including Enhancements and New Releases.
  • Respond to application alert, which will be sent to Successful Respondent as well as the CPA-designated Hosting and Disaster Recovery Service Provider. Successful Respondent will act as the lead in responding to and resolving issues raised in alerts.
  • Work closely with third-party software maintenance providers to resolve any problems or defects with third-party software supporting the CPA application, to install any upgrades, patches, or fixes relating to such third-party software, and to provide technical services relating to such software.
  • Recommend change control procedures to document change requests, which procedures would supplement the CPA-designated Hosting and Disaster Recovery Service Provider’s existing change control procedures.
  • All CPA-designated Hosting and Disaster Recovery Service Provider’s change control policies and procedures that are applicable to vendors must be followed during any installations or updates.
  1. Conversion Services. Conversion Services are comprised of assistance from Successful Respondent pertaining to data conversion and transfer, in the event the CPA converts to software other than the Software.
  1. Specialized Support Services. Specialized Support Services include, but are not limited to, the following:
  • Work with the CPA-designated Hosting and Disaster Recovery Service Provider to resolve any issues that arise and to maintain a stable and reliable production environment.
  • Support incoming and outgoing data file transfers.
  • Support batch processing.
  • Support Unix scripts.
  • Operations support to include job scheduling, monitoring, and verification.
  • Provide capacity planning recommendations based on results of monitoring activities.
  • Provide support for developing, maintaining, and testing disaster recovery documentation.
  • Assist in recovery of the database, the Software, and related third-party software in the event of a disaster.

D.4.Help Desk Support. Successful Respondent shall provideHelp Desk Support via telephone and e-mail, between the hours of 8:00 a.m. CZT and 5:00 p.m. CZT, Monday through Friday, excluding Federal holidays. Help Desk Support involving problems arising from a Documented Defect in the Software. Help Desk Support will be provided in a prompt manner, corresponding to the severity of the CPA’s needs, in accordance with the following response and resolution estimates:

  • Emergency: The production database is affected, at least one primary Function is not operational, and the problem involves time-sensitive data or programs. The estimated response time for emergency problems is two (2) business hours, and the goal is to resolve such problems as soon as possible.
  • High: The production database is affected and at least one primary Function is not operational. The estimated response time for high priority problems is four (4) business hours, and the goal is to resolve such problems within one (1) business day.
  • Medium: The problem affects system abilities in production, but all Primary Functions are operational. The estimated response time for medium priority problems is one (1) business day, and the goal is to resolve such problems within two (2) weeks.
  • Low: An avoidance procedure is available for the problem, or it involves a question that does not need an immediate response. The estimated response time for low priority problems is two (2) business days, and the goal is to resolve such problems within four (4) weeks.

For purposes of the above estimates, a “Primary Function” is a function of the Software that affects the daily operations of multiple staff members, or that affects multiple processes and forms.