Third Party Fishing and Hunting Licensing Replacement

Page 0 of 91 Rev. 2021.06.04 OFFER The Purchasing Agency solicits offers for Services and/or goods described in this solicitation. All offers and responses received shall be treated as Offers to contract as defined in 9 NCAC 06A.0102(12). EXECUTION In compliance with this Request for Proposal, and subject to all the conditions herein, the undersigned offers and agrees to furnish any or all Services or goods upon which prices are offered, at the price(s) offered herein, within the time specified herein. Failure to execute/sign offer prior to submittal shall render offer invalid. Late offers are not acceptable. OFFEROR: STREET ADDRESS: P.O. BOX: ZIP: CITY, STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO PRINT NAME & TITLE OF PERSON SIGNING: FAX NUMBER: AUTHORIZED SIGNATURE: DATE: E-MAIL: Offer valid for ninety (120) days from date of offer opening unless otherwise stated here: ____ days ACCEPTANCE OF OFFER If any or all parts of this offer are accepted, an authorized

representative of NCWRC shall affix its signature hereto and any subsequent Request for Best and Final Offer, if issued. Acceptance shall create a contract having an order of precedence as follows: Best and Final Offers, if any, Special terms and conditions specific to this RFP, Specifications of the RFP, the Department of Information Technology Terms and Conditions, and the agreed portion of the awarded Vendor’s Offer. A copy of this acceptance will be forwarded to the awarded Vendor(s). FOR PURCHASING AGENCY USE ONLY Offer accepted and contract awarded this date _________, as indicated on attached certification, by Hannah Whitley (Authorized representative of NCWRC). STATE OF NORTH CAROLINA REQUEST FOR PROPOSAL NO. 17-HW070121 NC Wildlife Resources Commission Offers will be publicly opened: November 19, 2021 Issue Date: 9/24/2021 Refer ALL inquiries regarding this RFP to: Hannah Whitley Hannah.whitley@ncwildlife.org 919-707-0088 Commodity Number: 432315 Description: ALVIN replacement Purchasing Agency: Wildlife Resources Commission Requisition No.: PR12103773 Page 1 of 91 Rev. 2021.06.04 Table of Contents 1.0 ANTICIPATED Procurement Schedule ....................................................................................... 3 2.0 Purpose of RFP ........................................................................................................................... 4 2.1 Introduction ....................................................................................................................... 4 2.2 Contract Term ................................................................................................................... 4 2.3 Contract Type .................................................................................................................... 4 2.4 Agency Background .......................................................................................................... 5 2.5 PROBLEM Statement ....................................................................................................... 7 3.0 RFP requirements and Specifications ......................................................................................... 7 3.1 General requirements and Specifications .......................................................................... 7 3.2 Security Specifications ...................................................................................................... 8 3.3 Enterprise Specifications ................................................................................................... 9 3.4 Business and Technical Specifications ........................................................................... 10 3.4.1 Administrative .................................................................................................................. 10 3.4.2 Business Requirements .................................................................................................. 10 3.4.3 Software Enhancements for the cloud solution ............................................................... 13 3.4.4 Document Management .................................................................................................. 13 3.4.5 Financial .......................................................................................................................... 13 3.4.6 Self Help .......................................................................................................................... 14 3.4.7 Reporting & Data Analytics ............................................................................................. 15 3.4.8 Mobile Technology .......................................................................................................... 15 3.4.9 Disaster Recovery and Business Continuity .................................................................... 16 3.4.10 Project Management ....................................................................................................... 16 3.4.11 PLATFORM & Browsers ................................................................................................. 18 3.4.12 Data Migration and Data Archival .................................................................................... 18 3.4.13 SYSTEM Integration ........................................................................................................ 18 3.4.14 Scalability ........................................................................................................................ 18 3.4.15 External Hardware ........................................................................................................... 18 3.4.16 Testing ............................................................................................................................ 18 3.4.17 Training ........................................................................................................................... 19 3.4.18 Customer Service ............................................................................................................ 19 3.4.19 Call Center ...................................................................................................................... 19 3.4.20 Resumes ......................................................................................................................... 20 3.4.21 Maintenance Agreement ................................................................................................. 20 3.4.22 SERVICE PEformance Levels......................................................................................... 20 3.4.23 Security & Administration ................................................................................................ 21 4.0 Cost of Vendor’s Offer ............................................................................................................... 21 4.1 Offer Costs ...................................................................................................................... 21 4.2 Payment Schedule .......................................................................................................... 21 5.0 Evaluation ................................................................................................................................. 21 5.1 Source Selection ............................................................................................................. 21 5.2 Evaluation Criteria ........................................................................................................... 22 5.3 Best and Final Offers (BAFO).......................................................................................... 22 6.0 Vendor Information and Instructions ......................................................................................... 23 6.1 General Conditions of Offer ............................................................................................. 23 6.2 General Instructions for Vendor....................................................................................... 24 Page 2 of 91 Rev. 2021.06.04 6.3 Instructions for Offer Submission .................................................................................... 26 7.0 Other Requirements and Special Terms ................................................................................... 29 7.1 Vendor Utilization Of Workers Outside of U.S. ................................................................ 29 7.2 Financial Statements ....................................................................................................... 29 7.3 Financial Resources Assessment, Quality Assurance, Performance and Reliability ....... 29 7.4 Vendor’s License or Support Agreements ....................................................................... 29 7.5 Resellers - reserved ........................................................................................................ 30 7.6 DISCLOSURE OF LITIGATION ...................................................................................... 30 7.7 CRIMINAL CONVICTION ................................................................................................ 30 7.8 Security and Background Checks ................................................................................... 30 7.9 Assurances ..................................................................................................................... 31 7.10 Confidentiality of offers .................................................................................................... 31 7.11 Project Management ...................................................................................................... 31 7.12 Meetings .......................................................................................................................... 31 7.13 Recycling and Source Reduction ................................................................................... 32 7.14 Special Terms and Conditions; Reserved ....................................................................... 32 Attachment A: Definitions .................................................................................................................... 33 Attachment B: Department of Information Technology Terms and Conditions.................................... 35 Attachment C: Agency Terms and Conditions .................................................................................... 54 Attachment D: Description of Offeror .................................................................................................. 55 Attachment E: Cost Form .................................................................................................................... 57 Attachment F: Vendor Certification Form ............................................................................................ 59 Attachment G: Location of Workers Utilized by Vendor ...................................................................... 60 Attachment H: References .................................................................................................................. 61 Attachment I: Financial Review Form ................................................................................................. 62 Attachment J: NCWRC CURRENT FEE STRUCTURE ...................................................................... 64 Attachment K: Current System Data Fields ........................................................................................ 82 Attachment L: NCWRC Legislation References .................................................................................. 90 Page 3 of 91 Rev. 2021.06.04 1.0 ANTICIPATED PROCUREMENT SCHEDULE The Agency Procurement Agent will make every effort to adhere to the following schedule: Action Responsibility Date RFP Issued Agency 9/24/2021 Pre-Offer Conference Agency N/A Written Questions Deadline Potential Vendors 10/8/2021 Agency’s Response to Written Questions/ RFP Addendum Issued Agency 10/18/2021 Offer Opening Deadline Vendor(s) 11/19/2021 Offer Evaluation Agency 11/19/2021- 12/17/2021 Selection of Finalists Agency 12/20/2021 Oral Presentations and/or Product Demonstrations by Finalists (if required) Selected Vendors 12/28/2021- 1/7/2022 Negotiations with Finalists Agency designees and selected Vendor(s) 1/7/2022- 1/17/2022 Best and Final Offers Deadline from Finalists Selected Vendors 1/21/2022 Contract Award Agency 3/14/2022 Protest Deadline Responding Vendors 15 days after award Page 4 of 91 Rev. 2021.06.04 2.0 PURPOSE OF RFP 2.1 INTRODUCTION The purpose of this RFP and any resulting contract award is to solicit proposals for a modern, intuitive, customer friendly enterprise sales system that will allow our customers the ability to make informed decisions and easily identify what they need. The North Carolina Wildlife Resources Commission (“NCWRC”) seeksa cloud based solution to be implemented and managed by the Vendor. NCWRC is aware that there are cloud solutions used by other states with similar business needs. NCWRC would like to persue one of those cloud solutions to take advantage of business rules, automated process and workflows that have already been developed. NCWRC is seeking proposals and pricing from qualified firms for providing the services described in this RFP. Vendors are encouraged to suggest pricing that is passed directly to the customer by utilizing a fee structure. Vendor shall develop, implement, and manage the automated hunting and fishing license sales and vessel registration system. The Vendor shall migrate a subset of all existing data into the new system. The solution must enable NCWRC to sell hunting and fishing licenses, register and title boats, take applications for and run quota hunt draws, collect harvest information, and numerous other functions as detailed in this RFP. The proposed solution must enable NCWRC staff, as well as the remote retail establishments, to perform the tasks as outlined in this RFP. For any legislation references in this RFP please refer to Attachment L 2.2 CONTRACT TERM A contract awarded pursuant to this RFP shall have an effective date as provided in the Notice of Award. The term shall be five (5) years and will expire upon the anniversary date of the effective date unless otherwise stated in the Notice of Award, or unless terminated earlier. The NCWRC retains the option to extend the Agreement for two (2) additional one-year periods at its sole discretion. 2.2.1 EFFECTIVE DATE This solicitation, including any Exhibits, or any resulting contract or amendment shall not become effective nor bind the State until the appropriate State purchasing authority/official or Agency official has signed the document(s), contract or amendment; the effective award date has been completed on the document(s), by the State purchasing official, and that date has arrived or passed. The State shall not be responsible for reimbursing the Vendor for goods provided nor Services rendered prior to the appropriate signatures and the arrival of the effective date of the Agreement. No contract shall be binding on the State until an encumbrance of funds has been made for payment of the sums due under the Agreement. 2.3 CONTRACT TYPE Definite Quantity Contract – This request is for a close-ended contract between the awarded Vendor and the State to furnish a pre-determined quantity of a good or service during a specified period of time. The State reserves the right to make partial, progressive or multiple awards: where it is advantageous to award separately by items; or where more than one supplier is needed to provide the contemplated Page 5 of 91 Rev. 2021.06.04 specifications as to quantity, quality, delivery, service, geographical areas; and where other factors are deemed to be necessary or proper to the purchase in question. 2.4 AGENCY BACKGROUND The NCWRC’s Automated License and Vessel Information Network (ALVIN) was developed in-house in 2003-2005 to replace an aging mainframe-based vessel application and a Vendor-supplied licensing application that was both expensive and inefficient. At the time, there were no good alternative 3rd party licensing systems on the market, and the State of North Carolina’s purchasing guidelines were loose enough to allow some creativity in using supplemental IT staff to significantly reduce development costs for the new licensing and vessel application. In the ensuing 16 years since ALVIN went live, IT staff have supported, maintained, and enhanced ALVIN. ALVIN has been an excellent tool for the agency for both licensing and vessel application, as well as associated applications. Data from ALVIN is shared with law enforcement agencies, state and local revenue and tax departments, child support enforcement, and various federal government agencies on a real time basis. For license sales, customers pay a $2 per transaction fee that is retained by the license sales agent. For Internet and Call Center sales, this fee is presently retained by WRC. These amounts are set by law, and any changes would have to be approved by the North Carolina Legislature. For vessel transactions, there are set processing fees for each transaction. These are also set by law, and any changes would have to be approved by the North Carolina Legislature. NCWRC is charged with registering and titling vessels in North Carolina. Fees are assessed for both titling and registration and are based on the length of the vessel. Vessels may be registered for a period of 1 or 3 years and titling is required for vessels 14ft in length or greater and Personal Watercraft Vessels (PWC/jet ski) at the time a new vessel is entered into the system or transferred to a new owner. Vessel owners are required by law to title and register a motorized vessel with NCWRC if it is used on the public waters of North Carolina. Laws govern the operation, equipment, registration, titling, numbering, and all other matters relating to vessel and water devices using or held for use on the waters of this State. System must meet Federal USCG data collection requirements. Annual harvest reporting has no cost, charge or fee associated with reporting a harvest. NCWRC has four (4) different ways sales are made called sales channels:  Internet  Call Center  NCWRC offices  Sale vendors for both License and Vessel Program modules, other than license sales, that must also be incorporated into these four methods are described in the appropriate sections of this document. The Vendor’s proposed System must issue fishing, hunting, and trapping licenses and a variety of other permits, certifications and privileges at all participating license sale vendors and NCWRC offices. Some permits/certifications can only be handled at NCWRC offices. Regardless of the method used, replacement license sales must result in a flag being set in the sales transaction record to denote that it is a replacement. Page 6 of 91 Rev. 2021.06.04 It is assumed that the Vendor retains transaction fees for Internet and Call Center sales only. Transaction fees for sales and transactions occurring at other locations would be retained by the license/vessel agent processing the transaction. License/Permit/Privilege Sales Fiscal Year Internet Transact ions* Internet Revenue WRC/DMF Admin Transactions* WRC/DMF Admin Revenue Agent Transactions* Agent Revenue 2018 313,328 $8,898,938 70,673 $2,128,284 799,771 $22,736,136 2019 329,709 $9,667,979 62,414 $1,994,082 763,012 $21,980,369 2020 427,752 $13,294,961 61,715 $2,362,187 741,834 $22,485,212 Average for 3 Years 356,930 $10,620,626 64,934 $2,161,516 768,205 $22,400,572 Fiscal Year Total Items Sold Total Transactions* Total Revenue 2018 2,529,369 1,183,772 $33,763,358 2019 2.518,462 1,155,135 $33,642,430 2020 2,660,719 1,231,301 $38,142,360 Average for 3 Years 2,569,517 1,190,069 $35,182,716 *Transactions are a completed total of combined privilege sales for a single customer credit card processing event. Vessel Registration/Titling Fiscal Year Registrations (1 yr/ 3 yr) Titles Agent Vendor Fees WRC Agency Vendor Fees Total Revenue 2018 173,160 51,496 $517,967 $395,356 $12.054.660 2019 175,826 51,764 $514,524 $408,465 $12,316,190 2020 186,594 57,550 $559,375 $435,768 $13,316,260 Average for 3 Years 178,727 53,603 $530,622 $413,196 $12,562,370 Based on the sales channel the following table shows the transaction fees that can be earned by the Vendor. Fees Internet Call Center NC WRC Offices Sale Vendors Mobile Application Page 7 of 91 Rev. 2021.06.04 License Transaction Fees Yes Yes No No Yes Vessel Transaction Fees Yes Yes No No Yes Attachment J shows the various fee structures for NCWRC. The system must be available for transactions 24 hours per day, 7 days a week, excluding scheduled downtime for routine maintenance. The system is expected to be operational 99.9% of the scheduled- up time using online, real time, otherwise, in store and forward mode. The system must maintain 5 to 7 million customer records and 10 to 15 million sales records. Per NC legislation, the vendor will receive transaction fees for certain transaction types. For transactions conducted at an agent location, the transactionfee would be shared by the Vendor and the agent. For Internet sales, the Vendor would retain the entire fee. These amounts are set by law and cannot be changed except by the North Carolina Legislature. Annual harvest reporting has no cost, charge or fee associated with reporting a harvest. 2.5 PROBLEM STATEMENT NCWRC’s Automated License and Vessel Information Network (ALVIN) was developed in-house in 2003-2005 and is supported by a small staff who need to understand both the technical issues and the business needs. NCWRC is also approaching a time when several longtime key IT staff members will be eligible for retirement.These departures are significant and will have a definite impact on the support of ALVIN and other IT systems. Multiple departures in key positions could be catastrophic to the agency. The current ALVIN system has outdated software on an outdated platform. NCWRC would like to leverage cloud solutions used by other states for licensing and vessel registration. states Legislative change is constantly occurring within the natural resource realm. NCWRC is looking for a Vendor whose system can adapt quickly to these legislative mandates. E-title, E-liens, and E- licenses have been discussed in the past and are issues that will likely need to be handled in this system. 3.0 RFP REQUIREMENTS AND SPECIFICATIONS 3.1 GENERAL REQUIREMENTS AND SPECIFICATIONS 3.1.1 REQUIREMENTS Means, as used herein, a function, feature, or performance that the system must provide. 3.1.2 SPECIFICATIONS Means, as used herein, a specification that documents the function and performance of a system or system component. Page 8 of 91 Rev. 2021.06.04 The apparent silence of the specifications as to any detail, or the apparent omission of detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only processes, configurations, materials and workmanship of the first quality may be used. Upon any notice of noncompliance provided by the State, Vendor shall supply proof of compliance with the specifications. Vendor must provide written notice of its intent to deliver alternate or substitute Services, products, goods or other Deliverables. Alternate or substitute Services, products, goods or Deliverables may be accepted or rejected in the sole discretion of the State; and any such alternates or substitutes must be accompanied by Vendor’s certification and evidence satisfactory to the State that the function, characteristics, performance and endurance will be equal or superior to the original Deliverables specified. 3.1.3 SITE AND SYSTEM PREPARATION Vendors shall provide the Purchasing State Agency complete site requirement specifications for the Deliverables, if any. These specifications shall ensure that the Deliverables to be installed or implemented shall operate properly and efficiently within the site and system environment. Any alterations or modification in site preparation, which are directly attributable to incomplete or erroneous specifications provided by the Vendor and which would involve additional expenses to the State, shall be made at the expense of the Vendor. 3.1.4 EQUIVALENT ITEMS Whenever a material, article or piece of equipment is identified in the specification(s) by reference to a manufacturer’s or Vendor’s name, trade name, catalog number or similar identifier, it is intended to establish a standard for determining substantial conformity during evaluation, unless otherwise specifically stated as a brand specific requirement (no substitute items will be allowed). Any material, article or piece of equipment of other manufacturers or Vendors shall perform to the standard of the item named. Equivalent offers must be accompanied by sufficient descriptive literature and/or specifications to provide for detailed comparison. 3.1.5 ENTERPRISE LICENSING In offering the best value to the State, Vendors are encouraged to leverage the State’s existing resources and license agreements, which can be viewed here: https://it.nc.gov/resources/statewide-it-procurement/statewide-it-contracts a) Identify components or products that are needed for your solution that may not be available with the State’s existing license agreement. b) Identify and explain any components that are missing from the State’s existing license agreement. c) If the Vendor can provide a more cost effective licensing agreement, please explain in detail the agreement and how it would benefit the State. 3.2 SECURITY SPECIFICATIONS 3.2.1 SOLUTIONS HOSTED ON STATE INFRASTRUCTURE: RESERVED 3.2.2 SOLUTIONS NOT HOSTED ON STATE INFRASTRUCTURE Vendors shall provide a completed Vendor Readiness Assessment Report Non-State Hosted Solutions (“VRAR”) at offer submission. This report is located at the following website: https://it.nc.gov/documents/vendor-readiness-assessment-report https://it.nc.gov/resources/statewide-it-procurement/statewide-it-contracts https://it.nc.gov/documents/vendor-readiness-assessment-report Page 9 of 91 Rev. 2021.06.04 The Automated Enterprise Sales System will be required to receive and securely manage data that is classified as Medium to High Risk. Refer to the North Carolina Statewide Data Classification and Handling policy for more information regarding this data classification. The policy is located at the following website: https://it.nc.gov/document/statewide-data-classification-and-handling-policy. To comply with the State’s Security Standards and Policies, State agencies are required to perform annual security/risk assessments on their information systems using NIST 800-53 controls. This requirement additionally applies to all vendor provided, agency managed Infrastructure as a Service (IaaS), Platform as a Service (PaaS), and Software as a Service (SaaS) solutions. Assessment reports such as the Federal Risk and Authorization Management Program (FedRAMP) certification, SOC 2 Type 2, or ISO 27001 are required for any cloud service providing support for data classified as Restricted or Highly Restricted. A current assessment report will be required prior to contract award for the selected vendor. An IaaS vendor cannot provide a certification or assessment report for a SaaS provider UNLESS that is written in the agreement between the two vendors. 3.3 ENTERPRISE SPECIFICATIONS 3.3.1 ENTERPRISE STRATEGIES, SERVICES, AND STANDARDS Agencies and vendors should refer to the Vendor Resources Page for information on North Carolina Information Technology enterprise services, security policies and practices, architectural requirements, and enterprise contracts. The Vendor Resources Page can be found at the following link: https://it.nc.gov/vendor-engagement-resources. This site provides vendors with statewide information and links referenced throughout the RFP document. Agencies may request additional information. 3.3.2 ARCHITECTURE DIAGRAMS DEFINED The State utilizes architectural diagrams to better understand the design and technologies of a proposed solution. These diagrams, required at offer submission, can be found at the following link: https://it.nc.gov/architectural-artifacts. There may be additional architectural diagrams requested of the vendor after contract award. This will be communicated to the vendor by the agency as needed during the project. 3.3.3 VIRTUALIZATION If the proposed solution is not a cloud solution, the State desires the flexibility to host Vendor’s proposed solution in a virtualized environment, should it determine in the future that virtualized hosting for such solution would be more economical or efficient. The State currently utilizes server virtualization technologies including VMware, Solaris and zLinux. The Vendor should state whether its solution operates in a virtualized environment. Vendor also should identify and describe all differences, restrictions or limitations of its proposed solution with respect to operation, licensing, support, certification, warranties, and any other details that may impact its proposed solution when hosted in a virtualized environment. 3.3.4 IDENTITY AND ACCESS MANAGEMENT (IAM) The proposed solution must externalize identity and access management. The protocols describing the State’s Identity and Access Management can be found at the following link: https://it.nc.gov/services/vendor-engagement-resources#identity-access-management Describe how your solution supports the above protocols as well as making them available for application integration/consumption https://it.nc.gov/document/statewide-data-classification-and-handling-policy https://it.nc.gov/vendor-engagement-resources https://it.nc.gov/architectural-artifacts https://it.nc.gov/services/vendor-engagement-resources#identity-access-management Page 10 of 91 Rev. 2021.06.04 3.4 BUSINESS AND TECHNICAL SPECIFICATIONS Attachment K contains the current data fields needed to perform specific business functions and also provides the data fields needed to migrate current data from the existing WRC system to the new proposed Cloud Based solution. Please refer to Attachment K for each section under 3.4 to address and describe how the proposed solution will process the data and provide needed functionality for WRC. 3.4.1 ADMINISTRATIVE Administration functions needed to manage accounts, user profiles and account settings. 3.4.1.1 Describe how the proposed solution can limit the amount of data any user can see based upon user roles and account privileges. 3.4.1.2 Describe how the proposed solution provides workflows for review and approval processes. 3.4.1.3 Describe how the proposed solution logs a user out of the system after 15 minutes of inactivity. 3.4.1.4 Describe how the proposed solution’s user id and password is created, maintained, locked, unlocked and deactivated. 3.4.1.5 Describe how the proposed solution implements rules for passwords. 3.4.1.6 Describe how external users will be set up to use the proposed system. 3.4.1.7 Describe all user id and password notifications to NCWRC staff and external users. 3.4.1.8 Describe how the proposed solution will validate the customer address. 3.4.1.9 Describe how user roles will be managed regarding a user’s access to specific modules or channels within the system. Examples include, but are not limited to, license sales channel, vessel registration and titling channel, and internal reporting. Not every license agent does both license and vessel etc. 3.4.1.10 Describe in detail how items are entered and maintained that are to be included in the sales channels. Details should include, but are not limited to, descriptions, fees, financial account distributions for receipt of funds and which sales channels can sell the items. 3.4.1.11 Describe All capabilities a system administrator will have and how role-based user profiles will be managed. 3.4.2 BUSINESS REQUIREMENTS The following specifications are for a web application that can be used on a desktop, laptop or mobile phone. 3.4.2.1 Describe how proposed solution will prevent duplicate customer records. 3.4.2.2 Describe the process for creating a unique customer identifier. 3.4.2.3 Describe how the proposed solution can use other parameters such as last name or drivers license number to search for a customer record. 3.4.2.4 Describe how the proposed solution can display all licenses associated with one customer. 3.4.2.5 Describe how the proposed solution can control the license sales channels and track sales transactions based on user type. Examples of users iareWildlife Service Agent users, internal NCWRC support staff users, customers via the online application interface, and customers using mobile devices. Page 11 of 91 Rev. 2021.06.04 3.4.2.6 Describe how the proposed system can void any license, permits, or tags that a customer purchased by mistake or if the customer changed their mind within a specified timeframe. 3.4.2.7 Describe how the proposed system can issue replacement licenses, tags or permits for a fee. 3.4.2.8 Describe how the proposed system can allow lifetime license holders to update their contact information, replenish their tags, and obtain their regulations digest at the beginning of each hunting season. 3.4.2.9 Describe how the proposed system can send electronic copies of the license, tags or permits. 3.4.2.10 Describe how the proposed system can print or reprint licenses, tags or permits as a no cost item and which users will have this capability. 3.4.2.11 Describe any errors that can be displayed by the proposed system and how those errors can be mitigated or resolved. 3.4.2.12 Describe how the proposed system can integrate Non-Game data processing with Customer & License data. 3.4.2.13 Describe how the proposed system can create and send lifetime license gifts to the purchaser, licensee or other identified person. 3.4.2.14 Describe how the proposed solution will create and maintain a system of vessel titling and registration records for individuals and business that own or are financing a vessel in North Carolina. 3.4.2.15 Describe how the proposed system handles transfer of ownership of a vessel. 3.4.2.16 Describe how the proposed system renews vessel registrations. 3.4.2.17 Describe in detail how the proposed system will print a boating safety certificate and when this certificate will be printed. 3.4.2.18 Describe in detail how the system will allow reprints of this safety certificate. 3.4.2.19 Describe in detail how the system will handle vessel title reviews. 3.4.2.20 Describe the proposed system search capabilities. 3.4.2.21 Describe how the proposed system processes internet sales for NCWRC designated hunting, fishing, and trapping licenses, vessel renewal registrations, special permit hunting opportunities point of sale (“POS”) and draw permits, as well as all other permits, certifications, stamps, big game harvest report cards, bear management e-stamps or other privileges, and Wild Store product sales. 3.4.2.22 Describe in detail how the proposed system will allow users to collect pertinent details for Regulated Activity Permit System (RAPS) permits sold by WRC. These details include, but are not limited to, the species involved in the permit, the location and details of the facility/physical location associated with this permit, and the indivduals to be named on the permit. 3.4.2.23 Describe how the proposed solution supports GIS functions (maps with multiple layers that permits can be linked to). 3.4.2.24 Describe how the proposed system processes data in real time. 3.4.2.25 Describe how the proposed system will issue one or multiple (if they are purchased at the same time) license(s) or permit endorsements, including federal HIP certification, on one license form at the license sale vendor. 3.4.2.26 Describe how the proposed system can issue all licenses, permits and big game harvest report cards printed at a Wildlife Service Agent. All licenses, permits,and big game report cards must look exactly the same regardless of the Wildlife Service Agent’s device used to purchase the license. (See Attachment K for detail on the data needed.) 3.4.2.27 Describe how the proposed application will run a preference based lottery and point of sale (POS) hunt system. 3.4.2.28 Describe how the proposed system can utilize data from a previous year for a new year hunt items. Page 12 of 91 Rev. 2021.06.04 3.4.2.29 Describe how the proposed system performs eligibility checks for various licenses or permits. 3.4.2.30 Describe how the proposed system performs multiple draws or selects alternate applicants. 3.4.2.31 Describe how the proposed system tracks and records hunt parties. 3.4.2.32 Describe how the proposed system generates, publishes and distributes the Permit Hunt book. 3.4.2.33 Describe how the proposed system tracks and maintains active licenses / permits and expired licenses / permits. 3.4.2.34 Describe how the proposed system maintains consistent branding between ncwildlife.org, licensing solution pages and license/registration products. 3.4.2.35 Describe how the proposed solution handles auto renewals and stored payment options. 3.4.2.36 Describe how the proposed solution emails customers regarding transactions. 3.4.2.37 Describe how the proposed solution processes batch fulfillment of the licenses and vessel registrations and titling that were purchased through sales channels other than Wildlife Service Agent locations. 3.4.2.38 Describe how the proposed solution can allow a customer to add a donation to their license or vessel transaction. 3.4.2.39 Describe how the proposed solution can import Hunter Safety Certification data from multiple providers and make this information accessible to Help Desk users for lookup and reprints. 3.4.2.40 Describe how the proposed solution would have an event calendar which would allow customers to see and register for events or educational seminars that NCWRC provides. 3.4.2.41 Describe how the proposed solution will allow customers the ability to apply for lottery hunts. Describe how customers would be able to look up their current preference points by hunt type at any time of the year. 3.4.2.42 Describe how the proposed solution will allow customers to manage their licenses, permits, boat registrations and registrations for lottery hunts. 3.4.2.43 Describe how the proposed solution will support the selling of licenses, permits, special permit hunting opportunities permits including POS and draw permits, big game harvest report cards, bear management e-stamps, and all other certifications, privileges, and tags 3.4.2.44 Describe how the proposed solution will display NCWRC public lands information and boat ramp data. 3.4.2.45 Describe how the proposed solution shows the license is up to date based upon the season as defined by NCWRC. 3.4.2.46 Describe how the proposed solution will allow customers to get a snapshot of all of their interactions with NCWRC. 3.4.2.47 Describe how the proposed solution will allow the customers to connect, manage, and report information to NCWRC. 3.4.2.48 Describe how the proposed solution will have the capability to store an electronic license that can be used by Law Enforcement to verify that the user has purchased necessary privileges, licenses, permits, tags, and are up to date based on the season. 3.4.2.49 Describe how the proposed solution will allow customers to submit harvest information that would be retained by the proposed system. 3.4.2.50 Describe how the proposed solution would have an event calendar which would allow customers to see and register for events or educational seminars that NCWRC provides. 3.4.2.51 Describe how the proposed solution is scalable and provides flexibility to allow future functionality. Page 13 of 91 Rev. 2021.06.04 3.4.2.52 Describe how the customer can access reports using any device. 3.4.2.53 Describe how the proposed solution will work with Android and Apple products, particularly phones and tablets. 3.4.3 SOFTWARE ENHANCEMENTS FOR THE CLOUD SOLUTION 3.4.3.1 Describe how system configuration changes will be implemented. 3.4.3.2 Describe how application configuration changes will be implemented. 3.4.3.3 Describe how NCWRC business requirements will be implemented within your proposed solution. 3.4.4 DOCUMENT MANAGEMENT Documents are used for a variety of tasks. 3.4.4.1 Describe how the proposed solution can automatically distribute reports to specific WRC staff. 3.4.4.2 Describe any online report capabilities, including filters and queries. 3.4.4.3 Describe any batch, adhoc or scheduled report capabilities. 3.4.4.4 Describe how a user can create on-demand reports with specific report requirements using filters or configurations. 3.4.4.5 Describe what data formats are available for reports or files (CSV, PDF, EXCEL, ASCII TXT, etc). 3.4.4.6 Describe what type of documents can be stored in the proposed system. Also describe any size limitations to documents. 3.4.4.7 Describe what types of files (example pictures and video) can be stored in the proposed system. 3.4.4.8 Describe how files (pictures and videos) can be attached to specific transactions as part of the fulfillment process for licenses or vessels. 3.4.4.9 Describe how and what statistical reports can be provided. 3.4.4.10 Describe what help desk reports can be provided. 3.4.4.11 Describe how the solution can utilize workflows to automatically route reports to a user email. 3.4.4.12 Describe what reports can be provided for all types of transactions for license sale vendors and NCWRC such as: • License sales • Telephone sales • Internet sales • Vessel registration and titling • ACH transaction validation • Types of licenses • Customer data • Permits • Demographics • Date ranges • Etc. 3.4.5 FINANCIAL 3.4.5.1 Describe how the proposed solution will integrate with the PayPoint Gateway or approved Credit Card Gateway processing through FISERV to process credit cards. If your proposal does not untilize FISERV, describe the company and Page 14 of 91 Rev. 2021.06.04 process you use to process credit cards. Please see the integration section 3.4.13 for System Integration. 3.4.5.2 Describe what data your proposed solution will collect and store for credit card processing to ensure it is PCI DSS compliant. 3.4.5.3 Describe if your proposed solution is P2Pe certified. 3.4.5.4 Describe how the proposed system will add a fee to credit card transactions to recover the merchant fee. 3.4.5.5 Describe how the proposed solution provides reporting capabilities on all financial transactions (accepted and declined) and at what intervals (daily reconciliation, weekly reconciliation, monthly reconciliation, etc.). 3.4.5.6 Describe if the proposed system can process credit cards, debit cards, gift cards, cash, or other financial types of payment. 3.4.5.7 Describe how the proposed system can detect and prevent multiple attempts by customers/users when completing a purchase transaction via credit card. Include any details regarding thresholds and consequences when thresholds are exceeded. 3.4.5.8 Describe how payment processing will differ between Wildlife Service Agents and other sales channels. 3.4.5.9 Describe how payments are received, deposited and reconcilled by WRC Finance staff. This should include information on the frequency of these retrievals and the process for caculating the funds to be retrieved. 3.4.5.10 Describe how credit card failures are processed or reprocessed. Also describe how transaction fees are refunded back to the card in the event of a failure. 3.4.5.11 Describe how bank account number changes are handled for any agent when the agent account number or information has been modified for any reason. 3.4.5.12 Describe how bank notifications retrieved from the bank are handled 3.4.5.13 Describe how bank account changes for these Wildlife Service Agents will be handled with this process. 3.4.5.14 Describe how EFT (Electronic Fund Transfers) are handled for normal processing, failures, and reconcilliations. 3.4.6 SELF HELP Users of the ALVIN System will often have questions on how to perform certain tasks or reference Frequently Asked Questions (FAQ’s). 3.4.6.1 Describe your web-based support for the service(s) as a searchable knowledge- base or Frequently Asked Questions (FAQ’s). 3.4.6.2 Describe your proposed solution self-help functions. Your response should include but not be limited to descriptions of self-paced, pre-recorded closed- caption videos. 3.4.6.3 Describe if your proposed solution has on-line videos that can be viewed for self-help. 3.4.6.4 Describe all documents and manuals WRC will receive to support the day to day activities needed to support the vendor solution. Ex: 3.4.6.4.1 NCWRC Business User Manual; 3.4.6.4.2 NCWRC Technical Staff Manual 3.4.6.4.3 License Sale Vendor Procedure Manual 3.4.6.4.4 Training manual; 3.4.6.4.5 Quick reference cards 3.4.6.4.6 Etc. Page 15 of 91 Rev. 2021.06.04 3.4.7 REPORTING & DATA ANALYTICS 3.4.7.1 Describe how the proposed solution will provide on demand reporting as well as any other reporting capabilities. 3.4.7.2 Describe how the proposed solution will provide data analytics for all transactions. 3.4.7.3 Describe how the proposed solution will provide data analytics for different user levels. 3.4.7.4 Describe how the proposed solution will provide reporting for accounts receivables and accounts payables. 3.4.7.5 Describe how the proposed solution can generate reports (custom or ad-hoc) based upon user profiles. 3.4.7.6 Describe how the proposed solution provides the automation of reports and scheduled reporting. 3.4.7.7 If your proposed solution provides dashboards, describe the method you deliver the dashboards as well as any configuration and set up needed. Describe if the dashboards are customizable. 3.4.7.8 An audit log is a set of information that provides documented evidence of the sequence of activities that have occurred at any time for specific events. 3.4.7.8.1 Describe how the proposed solution creates an audit log. 3.4.7.8.2 Describe the data contained within an audit log. 3.4.7.8.3 Describe the frequency and duration of an audit log. 3.4.7.9 Provide a sample copy of reports your system can produce. 3.4.7.10 Describe if NCWRC technical staff will have access to data to produce queries, reports or data analytics. 3.4.7.11 Describe the options for providing a realtime replicated database of the licensing and vessel databases for exclusive WRC use. (So that we can do our own reports this is used by multiple divisions for various datasets to accomplish agency goals) 3.4.7.12 Describe how your solution can provide on demand reports utilizing filters for a variety of data elements. 3.4.8 MOBILE TECHNOLOGY The specifications listed below are designated specificatily for a mobile application, not the web application that is used on a tablet or mobile phone using a web browser. All business requirements referenced in section 3.4.2 Business Requirements still apply. If you have a mobile application please address the specifications below. 3.4.8.1 List any specification in section 3.4.2 Business Requirements that do not apply to your mobile application. 3.4.8.2 Describe all functionality the proposed system can provide for mobile technology. 3.4.8.3 Describe how the mobile application would be supported. 3.4.8.4 Describe how the mobile application customer would be supported in the event the application was not performing as desired. 3.4.8.5 Describe how the mobile application will work with Android and Apple products particularly phones and tablets. 3.4.8.6 Describe how the mobile application protects customer data and is PII compliant. 3.4.8.7 Describe how the mobile application will upload data and update the application database. This includes any protocols used by the mobile application to transmit data. 3.4.8.8 Describe how the proposed solution can process QR code transactions. Page 16 of 91 Rev. 2021.06.04 3.4.8.9 Describe how the proposed system can use Short Message Service (SMS) to send broadcast messages to target customers. 3.4.9 DISASTER RECOVERY AND BUSINESS CONTINUITY The Vendor for the System must meet the State’srequirements for a disaster recovery plan pursuant to 13313, for enabling the resumption of system operations in the shortest time possible following major interruptions to its processing capabilities. The Vendor must comply with the State’s Business Continuity & Risk Management policy regarding continuity of operations plan where applicable to the System. The Vendor must maintain a system library for current and all previous versions of software so that system may be restored to a prior version, if necessary, due to operational problems with the newer version. This applies to all levels and environments of operation- host, license sale vendor, internet, vessel agents, etc. 3.4.9.1 Describe how your proposed solution will comply with the State’s Business Continuity & Risk Management policy regarding continuity of operations plan where applicable to the System. 3.4.9.2 Describe your incident response capabilities and provide a copy of the incident response as an attachment with the bid response. 3.4.9.3 Describe your disaster recovery plan and continuity of operations capabilities plan including vendor and NCWRC personnel. 3.4.9.4 Describe the frequency and test procedures for end to end disaster recovery testing. 3.4.9.5 Provide a copy of your Disaster Recovery Plan (DRP) and/or Continuity of Operations Plan (COOP) as an attachment. 3.4.9.6 Describe your backup plan capabilities and provide a copy of your system backup plan as an attachment with the bid response. 3.4.9.7 Provide a copy of your system backup plan as an attachment. 3.4.9.8 Describe how your system will capture transactional data on revenue transactions in the event of a system failure and how those transactions will be processed when the system is back on-line. 3.4.9.9 Describe failover and failback procedures. 3.4.9.10 Provide your RTO (Recovery Time Objective) and RPO (Recovery Point Objective) metrics. 3.4.9.11 Describe how the proposed system maintains audit trails for all types of transactions. 3.4.10 PROJECT MANAGEMENT 3.4.10.1 Describe your Project Team Organization and Staffing plan, including key personnel with contact information and résumés. 3.4.10.2 Describe if you will be utilizing waterfall, agile,or a hybrid methodology to deliver the proposed solution. 3.4.10.3 Describe an initial schedule and the associated Work Breakdown Structure (WBS) for the work effort(s) in the proposal. Please include the significant phases, activities, tasks, milestones, deliverables and resource requirements necessary for WRC to evaluate the implementation plan. The initial project schedule shall include the following: https://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_143B/GS_143B-1331.pdf https://files.nc.gov/dit/documents/Statewide_Policies/SCIO_Risk_Assessment.pdf https://files.nc.gov/dit/documents/Statewide_Policies/SCIO_Risk_Assessment.pdf https://files.nc.gov/dit/documents/Statewide_Policies/SCIO_Risk_Assessment.pdf Page 17 of 91 Rev. 2021.06.04 Manual – User manuals 45 calendar days prior to implementation Manual – Audit manual 45 calendar days prior to implementation Systems Administration Manuals 45 calendar days prior to implementation Architecture Documents TBD – During Planning & Design Phase Manual – Instructional training manuals (workbooks, lecture notes, user manuals) 45 days prior to the respective training class Instructional Training course outline 45 days prior to the respective training class Report Formats and layout for all reports 45 calendar days prior to implementation Software Documentation Six weeks prior to implementation Proposed Instructional Training Schedule for WRC Staff and Wildlife Service Agents. Prior to system implementation Credit Card Clearinghouse Interface Design Within 30 Days of Contract Award Weekly project meetings Weekly, once the contract is signed Data conversion schedule TBD System implementation TBD 3.4.10.4 Describe how you will provide status reports and with what frequency. 3.4.10.5 Describe the deployment process for new feature(s) addition; enhancement of current features (include the various environments i.e., test and production; that will be made available for NCWRC). 3.4.10.6 Describe your change management process for schedule changes and / or additional features. 3.4.10.7 Describe your communication process and frequency to the team and major stakeholders. 3.4.10.8 Describe your test methodology for all testing phases. 3.4.10.9 Describe your Quality Assurance Plan. 3.4.10.10 Describe your signoff process for NCWRC approval and commitment for configuration changes, final business requirements, system design, system development / configuration, and system implementation. 3.4.10.11 Describe the planning phase, requirements gathering phase, and the development phase. 3.4.10.12 Describe the User acceptance test process. 3.4.10.13 Describe your issue and risk process along with the mitigation strategy and escalation process. 3.4.10.14 Describe your process to use Microsoft Project and report to the state assigned project manager on the status of activities and tasks. 3.4.10.15 Describe your problem resolution process for defect resolution. Page 18 of 91 Rev. 2021.06.04 3.4.11 PLATFORM & BROWSERS 3.4.11.1 Describe what web browsers the proposed solution works with and does not work with. 3.4.11.2 Describe any 3rd party software needed to support the proposed solution. 3.4.11.3 Describe any desktop or mobile configuration changes needed to support the proposed solution. 3.4.11.4 Describe all URL’s needed for the proposed solution. 3.4.12 DATA MIGRATION AND DATA ARCHIVAL The system must maintain 5 to 7 million customer records and 10 to 15 million sales records. See Attachment K for additional information. 3.4.12.1 Describe the data conversion strategy and how the data will be converted from the current ALVIN system to the new proposed system. 3.4.12.2 Describe how the solution will archive data and specify the archive frequency. 3.4.12.3 Describe how any archived data can be retrieved upon request. 3.4.12.4 Describe how you will address any data discrepancies in the data needed for data migration. 3.4.13 SYSTEM INTEGRATION 3.4.13.1 Describe how the proposed solution will integrate with NCID for identity management for office staff (see section 3.3.4 for additional info). 3.4.13.2 Describe how the proposed solution will integrate with the State Financial System in real time via webservices (SOAP/REST) and batch via flat file based integration for revenue collected. 3.4.13.3 Describe how the proposed solution will integrate with the PayPoint Gateway or approved Credit Card Gateway processing through FISERV to process credit cards. If your proposal does not untilize FISERV, describe the company and process you use to process credit cards. 3.4.13.4 Describe how the proposed solution will create a conversion file to send to the U.S. Coast Guard Vessel identification System (VIS) to identify boats. 3.4.14 SCALABILITY 3.4.14.1 Describe how the proposed solution is scalable. 3.4.14.2 Describe how the proposed solution is scalable without impacting system performance. 3.4.14.3 Describe how the proposed system performs load testing. 3.4.15 EXTERNAL HARDWARE 3.4.15.1 Although this is a cloud solution, describe any additional hardware needed to support the proposed system. This could be a printer, server, etc. 3.4.16 TESTING 3.4.16.1 Describe how you will prepare test data for each of the test phases. Page 19 of 91 Rev. 2021.06.04 3.4.16.2 Unit Testing - Describe in detail your proposed approach to Unit Testing including both positive and negative testing. 3.4.16.3 Integration Testing – Describe in detail your approach to Integration Testing. 3.4.16.4 Regression Testing – Describe in detail your approach to Regression testing. 3.4.16.5 System Testing – Describe in detail your approach to System Testing. 3.4.16.6 Acceptance Testing – Describe in detail your approach to Acceptance Testing. 3.4.17 TRAINING 3.4.17.1 Describe in detail your proposed approach to on-site training for the WRC technical staff. Your response should include, but not be limited to, the train-the- trainer model and any differences between training for Administrative/Technical users, training materials, equipment needed for training, and duration of the training. Estimated number of participants are ten (10). 3.4.17.2 Describe in detail your proposed approach to training at the license agents sites or via telephone. Your response should include, but not be limited to, the train- the-trainer model and any differences between training for license agents, training materials, equipment needed for training, and duration of the training. Estimated number of participants are ten (10). 3.4.17.3 Describe in detail your proposed approach to training business staff. Your response should include, but not be limited to, the train-the-trainer model and any differences between training for different business users, training materials, equipment needed for training, and duration of the training. Estimated number of participants are ten (10). 3.4.17.4 Describe in detail your training methodology including lead times, locations, curricula, and training material content. 3.4.17.5 Describe the recommended training for a successful implementation. 3.4.17.6 Describe the differences in training provided for administrative/technical users and end users. 3.4.17.7 Describe the training documentation and user operational manuals. 3.4.17.8 Describe the training for the following users: 3.4.17.8.1 License and Vessel agents 3.4.17.8.2 NCWRC staff 3.4.18 CUSTOMER SERVICE 3.4.18.1 Describe the levels of customer support available to the customer (i.e. non state employees) including, but not limited to self-service and call center. 3.4.18.2 Describe the options available for different types of users (including license sales and regulations questions, vessel registration and titling, and wild store product sales). 3.4.18.3 Describe how you would recommend the State address customer support for the proposed solution. 3.4.18.4 Describe your customer support 24x7x365 and escalation process. 3.4.18.5 Describe the SLA response times for level 1, level 2, and level 3. 3.4.18.6 Describe how the system provides support for all software components associated with the system. 3.4.19 CALL CENTER The Vendor must operate a call center using live operators for the issuance of NCWRC designated hunting, fishing, and trapping licenses including all permits, certifications, stamps, big game harvest report cards, bear management e-stamps or other privileges Page 20 of 91 Rev. 2021.06.04 vessel renewal registrations, special hunting opportunities POS and draw permits, and Wild Store product sales. Call center should also be able to field common customer inquiries regarding applications, documentation requirements, locating a wildlife service agents and other basic miscellaneous questions. 3.4.19.1 Describe the process of how the call center will operate. 3.4.19.2 Describe the call center operating hours for regular hours. The call center will not be needed for weekend and holidays. 3.4.19.3 Describe how the call center will operate to address callers promptly during normal business hours. 3.4.19.4 Describe how the call center will validate the customer address. 3.4.19.5 Describe how the call center will address peak times such as opening hunting season dates, beginning license year months, or any other identified period when sales are heavy. 3.4.19.6 Describe how the call center operator will validate information from the caller for accuracy. 3.4.19.7 Describe how the transaction will be identified that it originated in the call center. 3.4.19.8 Describe how the call center will process credit card transactions and protect PII information. 3.4.19.9 Describe if the call center will store any credit card information. 3.4.19.10 Describe how the script used by telephone operators will be created and approved by NCWRC. 3.4.19.11 Describe how the call center will handle inquires versus issues. 3.4.20 RESUMES 3.4.20.1 Provide resumes of key personnel for the implementation phase of the project. 3.4.20.2 Provide resumes of key personnel for all maintenance staff positions. 3.4.20.3 Provide similar projects with similar components as a reference including contact information for agency responsible for project. 3.4.21 MAINTENANCE AGREEMENT 3.4.21.1 Describe the service level agreement needed to support the proposed solution. 3.4.21.2 Describe the help desk process to report problems. 3.4.21.3 Describe the process for after hours, holiday, and emergency service in the event of a system outage. 3.4.22 SERVICE PEFORMANCE LEVELS During peak times, NCWRC has approximately 1200 concurrent users, 3.4.22.1 Describe your performance metric capability. Examples include, but not limited to, system up time, system availability, etc. Page 21 of 91 Rev. 2021.06.04 3.4.22.2 Describe previous load and performance testing that has been conducted and the resulting outcomes. 3.4.22.3 Describe the fault tolerance and redundant systems in place to ensure the SLA is met or exceeded. 3.4.22.4 As referenced above in section 3.2, provide a completed VRAR. 3.4.22.5 Provide a 3rd party attestation, e.g. SOC 2 Type 2, ISO 27001, or FedRamp. 3.4.22.6 Provide a attestation / report on credit card processing to enure the solution is PCI compliant. 3.4.23 SECURITY & ADMINISTRATION 3.4.23.1 Describe your application vulnerability management capabilities. 3.4.23.2 Provide a copy of your service application vulnerability testing results as an attachment. 3.4.23.3 Provide a copy of your vulnerability scans/penetration testing schedule and results as an attachment. 3.4.23.4 Provide evidence of FedRAMP or Federal Information Processing (FIPs) 140-2 compliant encryption at rest and in transit design as an attachment. 4.0 COST OF VENDOR’S OFFER 4.1 OFFER COSTS The Vendor must list, itemize, and describe in Attachement E, any applicable offer costs which may include the following: • Customer service costs • Hosting service fees • Implementation costs (system configuration, customization) • Transition Costs • Technical Support • Training (Technical and/or Customer) • License fees / Subscription fees • Maintenance • Travel Expenses 4.2 PAYMENT SCHEDULE The Vendor shall propose its itemized payment schedule based on the content of its offer. All payments must be based upon acceptance of one or more Deliverables. The final payment schedule will be agreed upon in the BAFO process. 5.0 EVALUATION 5.1 SOURCE SELECTION A trade-off/ranking method of source selection will be utilized in this procurement to allow the State to award this RFP to the Vendor providing the Best Value, and recognizing that Best Value may result Page 22 of 91 Rev. 2021.06.04 in award other than the lowest price or highest technically qualified offer. By using this method, the overall ranking may be adjusted up or down when considered with, or traded-off against other non- price factors. a) Evaluation Process Explanation. State Agency employees will review all offers. All offers will be initially classified as being responsive or non-responsive. If an offer is found non-responsive, it will not be considered further. All responsive offers will be evaluated based on stated evaluation criteria. Any references in an answer to another location in the RFP materials or Offer shall have specific page numbers and sections stated in the reference. b) To be eligible for consideration, Vendor’s offer must substantially conform to the intent of all specifications. Compliance with the intent of all specifications will be determined by the State. Offers that do not meet the full intent of all specifications listed in this RFP may be deemed deficient. Further, a serious deficiency in the offer to any one (1) factor may be grounds for rejection regardless of overall score. c) The evaluation committee may request clarifications, an interview with or presentation from any or all Vendors as allowed by 9 NCAC 06B.0307. However, the State may refuse to accept, in full or partially, the response to a clarification request given by any Vendor. Vendors are cautioned that the evaluators are not required to request clarifications; therefore, all offers should be complete and reflect the most favorable terms. Vendors should be prepared to send qualified personnel to Raleigh, North Carolina, to discuss technical and contractual aspects of the offer. d) Vendors are advised that the State is not obligated to ask for, or accept after the closing date for receipt of offer, data that is essential for a complete and thorough evaluation of the offer. 5.2 EVALUATION CRITERIA Evaluation shall include best value, as the term is defined in N.C.G.S. § 143-135.9(a)(1), compliance with information technology project management policies as defined by N.C.G.S. §143B-1340, compliance with information technology security standards and policies, substantial conformity with the specifications, and other conditions set forth in the solicitation. The following Evaluation Criteria are listed in Order of Importance. 1) Substantial Conformity to Solicitation Specifications 2) Demonstrated ability to meet specifications per Scope of Work 3) Demonstrated ability to meet technical specifications 4) Strength of references relevant or material to technology area(s) or Specifications 5) Illustrations(s) and/or explanations of the Statewide Technical Architecture objectives, principles and best practices to the proposed solution 6) Cost including total cost of ownership 5.3 BEST AND FINAL OFFERS (BAFO) The State may establish a competitive range based upon evaluations of offers, and request BAFOs from the Vendor(s) within this range; e.g. “Finalist Vendor(s)”. If negotiations or subsequent offers are solicited, the Vendor(s) shall provide BAFO(s) in response. Failure to deliver a BAFO when requested shall disqualify the non-responsive Vendor from further consideration. The State will evaluate BAFO(s), oral presentations, and product demonstrations as part of the Vendors’ respective offers to determine the final rankings. Page 23 of 91 Rev. 2021.06.04 6.0 VENDOR INFORMATION AND INSTRUCTIONS 6.1 GENERAL CONDITIONS OF OFFER 6.1.1 VENDOR RESPONSIBILITY It shall be the Vendor’s responsibility to read this entire document, review all enclosures and attachments, and comply with all specifications, requirements and the State’s intent as specified herein. If a Vendor discovers an inconsistency, error or omission in this solicitation, the Vendor should request a clarification from the State’s contact person. The Vendor will be responsible for investigating and recommending the most effective and efficient solution. Consideration shall be given to the stability of the proposed configuration and the future direction of technology, confirming to the best of their ability that the recommended approach is not short lived. Several approaches may exist for hardware configurations, other products and any software. The Vendor must provide a justification for their proposed hardware, product and software solution(s) along with costs thereof. Vendors are encouraged to present explanations of benefits and merits of their proposed solutions together with any accompanying Services, maintenance, warranties, value added Services or other criteria identified herein. 6.1.2 RIGHTS RESERVED While the State has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the State of North Carolina, or the procuring Agency, to award a contract. Upon determining that any of the following would be in its best interests, the State may: a) waive any formality; b) amend the solicitation; c) cancel or terminate this RFP; d) reject any or all offers received in response to this RFP; e) waive any undesirable, inconsequential, or inconsistent provisions of this RFP; f) if the response to this solicitation demonstrate a lack of competition, negotiate directly with one or more Vendors; g) not award, or if awarded, terminate any contract if the State determines adequate State funds are not available; or h) if all offers are found non-responsive, determine whether Waiver of Competition criteria may be satisfied, and if so, negotiate with one or more known sources of supply. 6.1.3 SOLICITATION AMENDMENTS OR REVISIONS Any and all amendments or revisions to this document shall be made by written addendum from the Agency Procurement Office. If either a unit price or extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded. 6.1.4 ORAL EXPLANATIONS The State will not be bound by oral explanations or instructions given at any time during the bidding process or after award. Vendor contact regarding this RFP with anyone other than the State’s contact person may be grounds for rejection of said Vendor’s offer. Agency contact regarding this RFP with any Vendor may be grounds for cancellation of this RFP. 6.1.5 E-PROCUREMENT This is an E-Procurement solicitation. See Attachment B, Section 1 paragraph #38 of the attached North Carolina Department of Information Technology Terms and Conditions. Page 24 of 91 Rev. 2021.06.04 The Terms and Conditions made part of this solicitation contain language necessary for the implementation of North Carolina’s statewide E-Procurement initiative. It is the Vendor’s responsibility to read these terms and conditions carefully and to consider them in preparing the offer. By signature, the Vendor acknowledges acceptance of all terms and conditions including those related to E-Procurement. a) General information on the E-Procurement service can be found at http://eprocurement.nc.gov/ b) Within two days after notification of award of a contract, the Vendor must register in NC E- Procurement @ Your Service at the following website: http://eprocurement.nc.gov/Vendor.html c) As of the RFP submittal date, the Vendor must be current on all E-Procurement fees. If the Vendor is not current on all E-Procurement fees, the State may disqualify the Vendor from participation in this RFP. 6.1.6 INTERACTIVE PURCHASING SYSTEM (IPS) The State has implemented links to the Interactive Purchasing System (IPS) that allow the public to retrieve offer award information electronically from our Internet website: https://www.ips.state.nc.us/ips/. Click on the IPS BIDS icon, click on Search for BID, enter the Agency prefix-offer number (XXXX), and then search. This information may not be available for several weeks dependent upon the complexity of the acquisition and the length of time to complete the evaluation process. 6.1.7 PROTEST PROCEDURES Protests of awards exceeding $25,000 in value must be submitted to the issuing Agency at the address given on the first page of this document. Protests must be received in the purchasing agency’s office within fifteen (15) calendar days from the date of this RFP award and provide specific reasons and any supporting documentation for the protest. All protests are governed by Title 9, Department of Information Technology (formerly Office of Information Technology Services), Subchapter 06B Sections .1101 - .1121. 6.2 GENERAL INSTRUCTIONS FOR VENDOR 6.2.1 SITE VISIT OR PRE-OFFER CONFERENCE: RESERVED 6.2.2 QUESTIONS CONCERNING THE RFP All inquiries regarding the RFP specifications or requirements are to be addressed to the contact person listed on Page One of the RFP. Vendor contact regarding this RFP with anyone other than the individual listed on Page One of this RFP may be grounds for rejection of said Vendor’s offer. Written questions concerning this RFP will be received until October 8, 2021 at 2:00 pm Eastern Time. They must be sent via e-mail to Hannah Whitley at Hannah.whitley@ncwildlife.org Please enter “Questions RFP 17-HW070121” as the subject for the email. Questions should be submitted in the following format: REFERENCE VENDOR QUESTION RFP Section, Page Number 6.2.3 ADDENDUM TO RFP If a pre-offer conference is held or written questions are received prior to the submission date, an addendum comprising questions submitted and responses to such questions, or any additional terms deemed necessary by the State will be posted to the Interactive Purchasing System (IPS), https://www.ips.state.nc.us/ips/, and shall become an Addendum to this RFP. Vendors’ questions http://eprocurement.nc.gov/ http://eprocurement.nc.gov/Vendor.html https://www.ips.state.nc.us/ips/ mailto:Hannah.whitley@ncwildlife.org https://www.ips.state.nc.us/ips/ Page 25 of 91 Rev. 2021.06.04 posed orally at any pre-offer conference must be reduced to writing by the Vendor and provided to the Purchasing Officer as directed by said Officer. Oral answers are not binding on the State. Critical updated information may be included in these Addenda. It is important that all Vendors bidding on this RFP periodically check the State website for any and all Addenda that may be issued prior to the offer opening date. 6.2.4 COSTS RELATED TO OFFER SUBMISSION Costs for developing and delivering responses to this RFP and any subsequent presentations of the offer as requested by the State are entirely the responsibility of the Vendor. The State is not liable for any expense incurred by the Vendors in the preparation and presentation of their offers. All materials submitted in response to this RFP become the property of the State and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the State and the Vendor resulting from this RFP process. 6.2.5 VENDOR ERRATA AND EXCEPTIONS Any errata or exceptions to the State’s requirements and specifications may be presented on a separate page labeled “Exceptions to Requirements and Specifications”. Include references to the corresponding requirements and specifications of the Solicitation. Any deviations shall be explained in detail. The Vendor shall not construe this paragraph as inviting deviation or implying that any deviation will be acceptable. Offers of alternative or non-equivalent goods or services may be rejected if not found substantially conforming; and if offered, must be supported by independent documentary verification that the offer substantially conforms to the specified goods or services specification. If a Vendor materially deviates from RFP requirements or specifications, its offer may be determined to be non-responsive by the State. Offers conditioned upon acceptance of Vendor Errata or Exceptions may be determined to be non- responsive by the State. 6.2.6 ALTERNATE OFFERS The Vendor may submit alternate offers for various levels of service(s) or products meeting specifications. Alternate offers must specifically identify the RFP specifications and advantage(s) addressed by the alternate offer. Any alternate offers must be clearly marked with the legend as shown herein. Each offer must be for a specific set of Services or products and offer at specific pricing. If a Vendor chooses to respond with various service or product offerings, each must be an offer with a different price and a separate RFP offer. Vendors may also provide multiple offers for software or systems coupled with support and maintenance options, provided, however, all offers must satisfy the specifications. Alternate offers must be submitted in a separate document and clearly marked “Alternate Offer for ‘name of Vendor’” and numbered sequentially with the first offer if separate offers are submitted. 6.2.7 MODIFICATIONS TO OFFER An offer may not be unilaterally modified by the Vendor. 6.2.8 BASIS FOR REJECTION Pursuant to 9 NCAC 06B.0401, the State reserves the right to reject any and all offers, in whole or in part; by deeming the offer unsatisfactory as to quality or quantity, delivery, price or service offered; non-compliance with the specifications or intent of this solicitation; lack of competitiveness; error(s) in specifications or indications that revision would be advantageous to the State; cancellation or other changes in the intended project, or other determination that the proposed specification is no longer needed; limitation or lack of available funds; circumstances that prevent determination of the best offer; or any other determination that rejection would be in the best interest of the State. Page 26 of 91 Rev. 2021.06.04 6.2.9 NON-RESPONSIVE OFFERS Vendor offers will be deemed non-responsive by the State and will be rejected without further consideration or evaluation if statements such as the following are included: • “This offer does not constitute a binding offer”, • “This offer will be valid only if this offer is selected as a finalist or in the competitive range”, • “The Vendor does not commit or bind itself to any terms and conditions by this submission”, • “This document and all associated documents are non-binding and shall be used for discussion purposes only”, • “This offer will not be binding on either party until incorporated in a definitive agreement signed by authorized representatives of both parties”, or • A statement of similar intent 6.2.10 VENDOR REGISTRATION WITH THE SECRETARY OF STATE Vendors do not have to be registered with the NC Secretary of State to submit an offer; however, in order to receive an award/contract with the State, they must be registered. Registration can be completed at the following website: https://www.sosnc.gov/Guides/launching_a_business 6.2.11 VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM The NC electronic Vendor Portal (eVP) allows Vendors to electronically register with the State to receive electronic notification of current procurement opportunities for goods and Services available on the Interactive Purchasing System at the following website: https://www.ips.state.nc.us/ips/. This RFP is available electronically on the Interactive Purchasing System at https://www.ips.state.nc.us/ips/. 6.2.12 VENDOR POINTS OF CONTACT CONTACTS AFTER CONTRACT AWARD: Below are the Vendor Points of Contact to be used after award of the contract. VENDOR CONTRACTUAL POINT OF CONTACT VENDOR TECHNICAL POINT OF CONTACT [NAME OF VENDOR] [STREET ADDRESS] [CITY, STATE, ZIP] Attn: Assigned Contract Manager [NAME OF VENDOR] [STREET ADDRESS] [CITY, STATE, ZIP] Attn: Assigned Technical Lead 6.3 INSTRUCTIONS FOR OFFER SUBMISSION 6.3.1 GENERAL INSTRUCTIONS FOR OFFER Vendors are strongly encouraged to adhere to the following general instructions in order to bring clarity and order to the offer and subsequent evaluation process: a) Organize the offer in the exact order in which the specifications are presented in the RFP. The Execution page of this RFP must be placed at the front of the Proposal. Each page should be numbered. The offer should contain a table of contents, which cross-references the RFP specification and the specific page of the response in the Vendor's offer. https://www.sosnc.gov/Guides/launching_a_business https://www.ips.state.nc.us/ips https://www.ips.state.nc.us/ips/ Page 27 of 91 Rev. 2021.06.04 b) Provide complete and comprehensive responses with a corresponding emphasis on being concise and clear. Elaborate offers in the form of brochures or other presentations beyond that necessary to present a complete and effective offer are not desired. c) Clearly state your understanding of the problem(s) presented by this RFP including your proposed solution’s ability to meet the specifications, including capabilities, features, and limitations, as described herein, and provide a cost offer. d) Supply all relevant and material information relating to the Vendor’s organization, personnel, and experience that substantiates its qualifications and capabilities to perform the Services and/or provide the goods described in this RFP. If relevant and material information is not provided, the offer may be rejected from consideration and evaluation. e) Furnish all information requested; and if response spaces are provided in this document, the Vendor shall furnish said information in the spaces provided. Further, if required elsewhere in this RFP, each Vendor must submit with its offer sketches, descriptive literature and/or complete specifications covering the products offered. References to literature submitted with a previous offer will not satisfy this provision. Proposals that do not comply with these instructions may be rejected. f) Any offer that does not adhere to these instructions may be deemed non-responsive and rejected on that basis. g) Only information that is received in response to this RFP will be evaluated. Reference to information previously submitted or Internet Website Addresses (URLs) will not suffice as a response to this solicitation. 6.3.2 OFFER ORGANIZATION Within each section of its offer, Vendor should address the items in the order in which they appear in this RFP. Forms, or attachments or exhibits, if any provided in the RFP, must be completed and included in the appropriate section of the offer. All discussion of offered costs, rates, or expenses must be presented in Section 4.0. Cost of Vendor’s Offer. The offer should be organized and indexed in the following format and should contain, at a minimum, all listed items below. a) Signed Execution Page b) Table of Contents c) Description of Offeror (Attachment D) d) Vendor Response to Specifications and Requirements e) Security Vendor Readiness Assessment Report (VRAR) f) Architecture Diagrams g) Cost of Vendor’s Offer (Attachment E) h) Schedule of Offered Solution i) Signed Vendor Certification Form (Attachment F) j) Location of Workers Utilized by Vendor Form (Attachment G) k) References (Attachment H) l) Financial Statements (Attachment I) m) Errata and Exceptions, if any n) Vendor's License and Maintenance Agreements, if any as well as any license agreements for 3rd party software Page 28 of 91 Rev. 2021.06.04 o) Supporting material such as technical system documentation, training examples, etc. p) Vendor may attach other supporting materials that it feels may improve the quality of its response. These materials should be included as items in a separate appendix. q) All pages of this solicitation document (including Attachments A, B, and C) 6.3.3 OFFER SUBMITTAL IMPORTANT NOTE: Vendor shall bear the risk for late submission due to unintended or unanticipated delay—whether submitted electronically, delivered by hand, U.S. Postal Service, courier or other delivery service. Vendor must include all the pages of this solicitation in their response. It is the Vendor’s sole responsibility to ensure its offer has been delivered to this Office by the specified time and date of opening. Any proposal delivered after the proposal deadline will be rejected. Offer Submission Details: By eBIDS aka NC BIDS Sealed offers, subject to the conditions made a part hereof, will be received until 2:00pm Eastern Time on the day of opening and then opened, for furnishing and delivering the commodity as described herein. Offers must be submitted via eBids (NC BIDS) with the Execution page signed and dated by an official authorized to bind the Vendor’s firm. Failure to return a signed offer shall result in disqualification. Attempts to submit a proposal via facsimile (FAX) machine, telephone or email in response to this RFP shall NOT be accepted. a) Submit one (1) signed, original electronic offer through eBids on the Interactive Purchasing System (IPS). b) All File names should start with the vendor name first, in order to easily determine all the files to be included as part of the vendor’s response. For example, files should be named as follows: Vendor Name-your file name. c) File contents SHALL NOT be password protected, the file formats must be in .PDF, .jpeg, or png format, and shall be capable of being copied to other sources. d) If the Vendor’s proposal contains any confidential information (as defined in Attachment B, Section 1 Paragraph #18), then the Vendor must provide one (1) signed, original electronic offer and one (1) redacted electronic copy. Page 29 of 91 Rev. 2021.06.04 7.0 OTHER REQUIREMENTS AND SPECIAL TERMS 7.1 VENDOR UTILIZATION OF WORKERS OUTSIDE OF U.S. In accordance with N.C.G.S. §143B-1361(b), the Vendor must detail the manner in which it intends to utilize resources or workers in the RFP response. The State of North Carolina will evaluate the additional risks, costs, and other factors associated with such utilization prior to making an award for any such Vendor’s offer. Complete ATTACHMENT G - Location of Workers Utilized by Vendor and submit with your offer. 7.2 FINANCIAL STATEMENTS The Vendor shall provide evidence of financial stability by returning with its offer 1) completed Financial Review Form (Attachment I), and 2) copies of Financial Statements as further described hereinbelow. As used herein, Financial Statements shall exclude tax returns and compiled statements. a) For a publicly traded company, Financial Statements for the past three (3) fiscal years, including at a minimum, income statements, balance sheets, and statement of changes in financial position or cash flows. If three (3) years of financial statements are not available, this information shall be provided to the fullest extent possible, but not less than one year. If less than 3 years, the Vendor must explain the reason why they are not available. b) For a privately held company, when certified audited financial statements are not prepared: a written statement from the company’s certified public accountant stating the financial condition, debt-to-asset ratio for the past three (3) years and any pending actions that may affect the company’s financial condition. c) The State may, in its sole discretion, accept evidence of financial stability other than Financial Statements for the purpose of evaluating Vendors’ responses to this RFP. The State reserves the right to determine whether the substitute information meets the requirements for Financial Information sufficiently to allow the State to evaluate the sufficiency of financial resources and the ability of the business to sustain performance of this RFP award. Scope Statements issued may require the submission of Financial Statements and specify the number of years to be provided, the information to be provided, and the most recent date required. 7.3 FINANCIAL RESOURCES ASSESSMENT, QUALITY ASSURANCE, PERFORMANCE AND RELIABILITY a) Contract Performance Security. The State reserves the right to require performance guaranties pursuant to N.C.G.S. §143B-1340(f) and 09 NCAC 06B.1207 from the Vendor without expense to the State. b) Project Assurance, Performance and Reliability Evaluation – Pursuant to N.C.G.S. §143B-1340, the State CIO may require quality assurance reviews of Projects as necessary. 7.4 VENDOR’S LICENSE OR SUPPORT AGREEMENTS Vendor should present its license or support agreements for review and evaluation. Terms offered for licensing and support of Vendors’ proprietary assets will be considered. The terms and conditions of the Vendor’s standard services, license, maintenance or other agreement(s) applicable to Services, Software and other Products acquired under this RFP may apply to the extent such terms and conditions do not materially change the terms and conditions of this RFP. In the event of any conflict between the terms and conditions of this RFP and the Vendor’s standard agreement(s), the terms and conditions of this RFP relating to audit and records, jurisdiction, choice of law, the State’s electronic procurement application of law or administrative rules, the remedy for intellectual property infringement and the exclusive remedies and limitation of liability in the DIT Terms and Conditions herein shall apply in all cases and supersede any provisions contained in the Vendor’s relevant standard agreement or any other agreement. The State shall not be obligated under any standard license and/or Page 30 of 91 Rev. 2021.06.04 maintenance or other Vendor agreement(s) to indemnify or hold harmless the Vendor, its licensors, successors or assigns, nor arbitrate any dispute, nor pay late fees, penalties, interest, legal fees or other similar costs. 7.5 RESELLERS - RESERVED 7.6 DISCLOSURE OF LITIGATION The Vendor’s failure to fully and timely comply with the terms of this section, including providing reasonable assurances satisfactory to the State, may constitute a material breach of the Agreement. a) The Vendor shall notify the State in its offer, if it, or any of its subcontractors, or their officers, directors, or key personnel who may provide Services under any contract awarded pursuant to this solicitation, have ever been convicted of a felony, or any crime involving moral turpitude, including, but not limited to fraud, misappropriation or deception. The Vendor shall promptly notify the State of any criminal litigation, investigations or proceeding involving the Vendor or any subcontractor, or any of the foregoing entities’ then current officers or directors during the term of the Agreement or any Scope Statement awarded to the Vendor. b) The Vendor shall notify the State in its offer, and promptly thereafter as otherwise applicable, of any civil litigation, arbitration, proceeding, or judgments against it or its subcontractors during the three (3) years preceding its offer, or which may occur during the term of any awarded to the Vendor pursuant to this solicitation, that involve (1) Services or related goods similar to those provided pursuant to any contract and that involve a claim that may affect the viability or financial stability of the Vendor, or (2) a claim or written allegation of fraud by the Vendor or any subcontractor hereunder, arising out of their business activities, or (3) a claim or written allegation that the Vendor or any subcontractor hereunder violated any federal, state or local statute, regulation or ordinance. Multiple lawsuits and or judgments against the Vendor or subcontractor shall be disclosed to the State to the extent they affect the financial solvency and integrity of the Vendor or subcontractor. c) All notices under subsection A and B herein shall be provided in writing to the State within thirty (30) calendar days after the Vendor learns about any such criminal or civil matters; unless such matters are governed by the DIT Terms and Conditions annexed to the solicitation. Details of settlements which are prevented from disclosure by the terms of the settlement shall be annotated as such. Vendor may rely on good faith certifications of its subcontractors addressing the foregoing, which certifications shall be available for inspection at the option of the State. 7.7 CRIMINAL CONVICTION In the event the Vendor, an officer of the Vendor, or an owner of a 25% or greater share of the Vendor, is convicted of a criminal offense incident to the application for or performance of a State, public or private Contract or subcontract; or convicted of a criminal offense including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct standards for State of North Carolina employees; convicted under State or federal antitrust statutes; or convicted of any other criminal offense which in the sole discretion of the State, reflects upon the Vendor’s business integrity and such vendor shall be prohibited from entering into a contract for goods or Services with any department, institution or agency of the State. 7.8 SECURITY AND BACKGROUND CHECKS The Agency reserves the right to conduct a security background check or otherwise approve any employee or agent provided by the Vendor, and to refuse access to or require replacement of any such personnel for cause, including, but not limited to, technical or training qualifications, quality of work or change in security status or non-compliance with the Agency’s security or other similar requirements. All State and Vendor personnel that have access to data restricted by the State Security Manual and Policies must have a security background check performed. The Vendors are responsible for performing Page 31 of 91 Rev. 2021.06.04 all background checks of their workforce and subcontractors. The State reserves the right to check for non-compliance. 7.9 ASSURANCES In the event that criminal or civil investigation, litigation, arbitration or other proceedings disclosed to the State pursuant to this Section, or of which the State otherwise becomes aware, during the term of the Agreement, causes the State to be reasonably concerned about: a) the ability of the Vendor or its subcontractor to continue to perform the Agreement in accordance with its terms and conditions, or b) whether the Vendor or its subcontractor in performing Services is engaged in conduct which is similar in nature to conduct alleged in such investigation, litigation, arbitration or other proceedings, which conduct would constitute a breach of the Agreement or violation of law, regulation or public policy, then the Vendor shall be required to provide the State all reasonable assurances requested by the State to demonstrate that: the Vendor or its subcontractors hereunder will be able to continue to perform the Agreement in accordance with its terms and conditions, and the Vendor or its subcontractors will not engage in conduct in performing Services under the Agreement which is similar in nature to the conduct alleged in any such litigation, arbitration or other proceedings. 7.10 CONFIDENTIALITY OF OFFERS All offers and any other RFP responses shall be made public as required by the NC Public Records Act and GS 143B-1350. Vendors may mark portions of offers as confidential or proprietary, after determining that such information is excepted from the NC Public Records Act, provided that such marking is clear and unambiguous and preferably at the top and bottom of each page containing confidential information. Standard restrictive legends appearing on every page of an offer are not sufficient and shall not be binding upon the State. Certain State information is not public under the NC Public Records Act and other laws. Any such information which the State designates as confidential and makes available to the Vendor in order to respond to the RFP or carry out the Agreement, or which becomes available to the Vendor in carrying out the Agreement, shall be protected by the Vendor from unauthorized use and disclosure. The Vendor shall not be required under the provisions of this section to keep confidential, (1) information generally available to the public, (2) information released by the State generally, or to the Vendor without restriction, (3) information independently developed or acquired by the Vendor or its personnel without reliance in any way on otherwise protected information of the State. Notwithstanding the foregoing restrictions, the Vendor and its personnel may use and disclose any information which it is otherwise required by law to disclose, but in each case only after the State has been so notified, and has had the opportunity, if possible, to obtain reasonable protection for such information in connection with such disclosure. 7.11 PROJECT MANAGEMENT All project management and coordination on behalf of the Agency shall be through a single point of contact designated as the Agency Project Manager. The Vendor shall designate a Vendor Project Manager who will provide a single point of contact for management and coordination of the Vendor’s work. All work performed pursuant to the Agreement shall be coordinated between the Agency Project Manager and the Vendor Project Manager. 7.12 MEETINGS The Vendor is required to meet with Agency personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the Agreement. Meetings will occur as problems arise and will be coordinated by Agency. The Vendor will be given reasonable and sufficient notice of meeting dates, times, and locations. Face to face meetings are desired. However, at the Vendor’s option and expense, a conference call meeting may be substituted. Page 32 of 91 Rev. 202