Learning Management System and Training Records Database

1 Department of Buildings and General Services Agency of Administration Office of Purchasing & Contracting 133 State Street, 5th Floor | Montpelier VT 05633-8000 802-828-2211 phone |802-828-2222 fax http://bgs.vermont.gov/purchasing SEALED BID REQUEST FOR PROPOSAL Learning Management System and Training Records Database ISSUE DATE October 24th, 2022 QUESTIONS DUE November 7th, 2022 – 4:30 PM (EST) RFP RESPONSES DUE BY December 5th, 2022 – 4:30 PM (EST) PLEASE BE ADVISED THAT ALL NOTIFICATIONS, RELEASES, AND ADDENDUMS ASSOCIATED WITH THIS RFP WILL BE POSTED AT: http://www.bgs.state.vt.us/pca/bids/bids.php THE STATE WILL MAKE NO ATTEMPT TO CONTACT INTERESTED PARTIES WITH UPDATED INFORMATION. IT IS THE RESPONSIBILITY OF EACH BIDDER TO PERIODICALLY CHECK THE ABOVE WEBPAGE FOR ANY AND ALL NOTIFICATIONS, RELEASES AND

ADDENDUMS ASSOCIATED WITH THIS RFP. STATE CONTACT: Stephen Fazekas TELEPHONE: (802) 279-7075 E-MAIL: stephen.fazekas@vermont.gov FAX: (802) 828-2222 http://bgs.vermont.gov/purchasing http://www.bgs.state.vt.us/pca/bids/bids.php mailto:stephen.fazekas@vermont.gov Revised July 28, 2022 Page 2 of 71 1. OVERVIEW: 1.1. SCOPE AND BACKGROUND: Through this Request for Proposal (RFP) the Vermont Enhanced 911 Board (hereinafter the “Board”) is seeking to establish contracts with one or more companies that can provide as a service a web-based Learning Management System (LMS) and Training Records Database (TRD) that can be accessed securely over the internet. 1.2. CONTRACT PERIOD: Any Contract(s) arising from this RFP will be for a period of 2 years with an option to renew for up to two additional twelve-month periods. The Board anticipates the start date for such contract(s) will be on or before December 30th. 1.3. SINGLE POINT OF CONTACT: All communications concerning this RFP are to be addressed in writing to the State Contact listed on the front page of this RFP. Actual or attempted contact with any other individual from the State concerning this RFP is strictly prohibited and may result in disqualification. 1.4. BIDDERS’ CONFERENCE: A bidders’ conference will not be held for this RFP. 1.5. QUESTION AND ANSWER PERIOD: Any bidder requiring clarification of any section of this RFP or wishing to comment on any requirement of the RFP must submit specific questions in writing no later than the deadline for question indicated on the first page of this RFP. Questions may be e-mailed to the point of contact on the front page of this RFP. Questions or comments not raised in writing on or before the last day of the question period are thereafter waived. At the close of the question period a copy of all questions or comments and the State's responses will be posted on the State’s web site http://www.bgs.state.vt.us/pca/bids/bids.php . Every effort will be made to post this information as soon as possible after the question period ends, contingent on the number and complexity of the questions. 1.6. CHANGES TO THIS RFP: Any modifications to this RFP will be made in writing by the State through the issuance of an Addendum to this RFP and posted online at http://www.bgs.state.vt.us/pca/bids/bids.php . Modifications from any other source are not to be considered. 2. DETAILED REQUIREMENTS/DESIRED OUTCOMES: The Vermont Enhanced 911 Board is the single authority in Vermont charged with the creation, management, training, and ongoing operation of the statewide 911 system. As such, the Board is responsible for procuring various types of technology solutions used in the 911 program, including the solution sought in this Request for Proposals (RFP). The Board is seeking a secure web-based Learning Management System and Training Records Database. The purpose of the LMS is to provide Board staff the ability to create custom online courses to the approximately 120 call-takers across the State of Vermont for specific training and to make available continuing education training. The purpose of the TRD is to allow Board staff a secure web based training records database to easily manage and report on the training records of the active and retired call- takers in the State of Vermont. 2.1.1. The State’s Functional and Non-Functional Requirements are provided in the attached State of Vermont Bidder Response Form (Exhibit C). 2.1.2. The Non-Functional Requirements include requirements for the following: 2.1.2.1. Hosting 2.1.2.2. Application Solution 2.1.2.3. Security 2.1.2.4. Data Compliance: Solutions must adhere to applicable State and Federal standards, policies, and laws. The Bidder Response Form includes a table of data types and their applicable State and Federal standards, policies, and laws. The boxes in the table that are checked are the ones that are applicable to this procurement 3. GENERAL REQUIREMENTS: 3.1. PRICING: Bidders must price the terms of this solicitation at their best pricing. Any and all costs that Bidder wishes the State to consider must be submitted for consideration. If applicable, all equipment http://www.bgs.state.vt.us/pca/bids/bids.php http://www.bgs.state.vt.us/pca/bids/bids.php Revised July 28, 2022 Page 3 of 71 pricing is to include F.O.B. delivery to the ordering facility. No request for extra delivery cost will be honored. All equipment shall be delivered assembled, serviced, and ready for immediate use, unless otherwise requested by the State. 3.1.1. Prices and/or rates shall remain firm for the initial term of the contract. The pricing policy submitted by Bidder must (i) be clearly structured, accountable, and auditable and (ii) cover the full spectrum of materials and/or services required. 3.1.2. Cooperative Agreements. Bidders that have been awarded similar contracts through a competitive bidding process with another state and/or cooperative are welcome to submit the pricing in response to this solicitation. 3.1.3. Retainage. In the discretion of the State, a contract resulting from this RFP may provide that the State withhold a percentage of the total amount payable for some or all deliverables, such retainage to be payable upon satisfactory completion and State acceptance in accordance with the terms and conditions of the contract. 3.2. STATEMENT OF RIGHTS: The State shall have the authority to evaluate Responses and select the Bidder(s) as may be determined to be in the best interest of the State and consistent with the goals and performance requirements outlined in this RFP. The State of Vermont reserves the right to obtain clarification or additional information necessary to properly evaluate a proposal. Failure of bidder to respond to a request for additional information or clarification could result in rejection of that bidder's proposal. To secure a project that is deemed to be in the best interest of the State, the State reserves the right to accept or reject any and all bids, in whole or in part, with or without cause, and to waive technicalities in submissions. The State also reserves the right to make purchases outside of the awarded contracts where it is deemed in the best interest of the State. 3.2.1. Best and Final Offer (BAFO). At any time after submission of Responses and prior to the final selection of Bidder(s) for Contract negotiation or execution, the State may invite Bidder(s) to provide a BAFO. The state reserves the right to request BAFOs from only those Bidders that meet the minimum qualification requirements and/or have not been eliminated from consideration during the evaluation process. 3.2.2. Presentation. An in-person or webinar presentation by the Bidder may be required by the State if it will help the State’s evaluation process. The State will factor information presented during presentations into the evaluation. Bidders will be responsible for all costs associated with providing the presentation. 3.3. WORKER CLASSIFICATION COMPLIANCE REQUIREMENTS: In accordance with Section 32 of The Vermont Recovery and Reinvestment Act of 2009 (Act No. 54), Bidders must comply with the following provisions and requirements. 3.3.1. Self Reporting: For bid amounts exceeding $250,000.00, Bidder shall complete the appropriate section in the attached Certificate of Compliance for purposes of self-reporting information relating to past violations, convictions, suspensions, and any other information related to past performance relative to coding and classification of workers. The State is requiring information on any violations that occurred in the previous 12 months. 3.3.2. Subcontractor Reporting: For bid amounts exceeding $250,000.00, Bidders are hereby notified that upon award of contract, and prior to contract execution, the State shall be provided with a list of all proposed subcontractors and subcontractors’ subcontractors, together with the identity of those subcontractors’ workers compensation insurance providers, and additional required or requested information, as applicable, in accordance with Section 32 of The Vermont Recovery and Reinvestment Act of 2009 (Act No. 54). This requirement does not apply to subcontractors providing supplies only and no labor to the overall contract or project. This list MUST be updated and provided to the State as additional subcontractors are hired. A sample form is available online at http://bgs.vermont.gov/purchasing-contracting/forms. The subcontractor reporting form is not required to be submitted with the bid response. 3.4. EXECUTIVE ORDER 05-16: CLIMATE CHANGE CONSIDERATIONS IN STATE PROCUREMENTS: For bid amounts exceeding $25,000.00 Bidders are requested to complete the Climate Change Considerations in State Procurements Certification, which is included in the Certificate of Compliance for this RFP. Revised July 28, 2022 Page 4 of 71 After consideration of all relevant factors, a bidder that demonstrates business practices that promote clean energy and address climate change as identified in the Certification, shall be given favorable consideration in the competitive bidding process. Such favorable consideration shall be consistent with and not supersede any preference given to resident bidders of the State and/or products raised or manufactured in the State, as explained in the Method of Award section. But, such favorable consideration shall not be employed if prohibited by law or other relevant authority or agreement. 3.5. METHOD OF AWARD: Awards will be made in the best interest of the State. The State may award one or more contracts and reserves the right to make additional awards to other compliant bidders at any time if such award is deemed to be in the best interest of the State. All other considerations being equal, preference will be given first to resident bidders of the state and/or to products raised or manufactured in the state, and then to bidders who have practices that promote clean energy and address climate change, as identified in the applicable Certificate of Compliance. 3.5.1. Evaluation Criteria: Consideration shall be given to the Bidder’s project approach and methodology, qualifications and experience, ability to provide the services within the defined timeline, cost, and/or success in completing similar projects, as applicable, and to the extent specified below. 3.6. CONTRACT NEGOTIATION: Upon completion of the evaluation process, the State may select one or more bidders with which to negotiate a contract, based on the evaluation findings and other criteria deemed relevant for ensuring that the decision made is in the best interest of the State. In the event State is not successful in negotiating a contract with a selected bidder, the State reserves the option of negotiating with another bidder, or to end the proposal process entirely. 3.7. COST OF PREPARATION: Bidder shall be solely responsible for all expenses incurred in the preparation of a response to this RFP and shall be responsible for all expenses associated with any presentations or demonstrations associated with this request and/or any proposals made. 3.8. CONTRACT TERMS: The selected bidder(s) will be expected to sign a contract with the State, including the Standard Contract Form and Attachment C as attached to this RFP for reference. If IT Attachment D is included in this RFP, terms may be modified based upon the solution proposed by the Bidder, subject to approval by the Agency of Digital Services. 3.8.1. Business Registration. To be awarded a contract by the State of Vermont a bidder (except an individual doing business in his/her own name) must be registered with the Vermont Secretary of State’s office https://sos.vermont.gov/corporations/registration/and must obtain a Contractor’s Business Account Number issued by the Vermont Department of Taxes http://tax.vermont.gov/ . 3.8.2. The contract will obligate the bidder to provide the services and/or products identified in its bid, at the prices listed. 3.8.3. Payment Terms. Percentage discounts may be offered for prompt payments of invoices; however, such discounts must be in effect for a period of 30 days or more in order to be considered in making awards. 3.8.4. Quality. If applicable, all products provided under a contract with the State will be new and unused, unless otherwise stated. Factory seconds or remanufactured products will not be accepted unless specifically requested by the purchasing agency. All products provided by the contractor must meet all federal, state, and local standards for quality and safety requirements. Products not meeting these standards will be deemed unacceptable and returned to the contractor for credit at no charge to the State. 3.9. DEMONSTRATION: An in-person or webinar demonstration by the Bidder may be required by the State if it will help the State’s evaluation process. The State will factor information presented during demonstrations into the evaluation. Bidder will be responsible for all costs associated with the providing the demonstration. 3.10. INDEPENDENT REVIEW: Certain State information technology projects require independent expert review as described under 3 V.S.A. § 3303(d). Such review, if applicable, will inform the State’s decision to award any contract(s) resulting from this RFP 4. CONTENT AND FORMAT OF RESPONSES: The content and format requirements listed below are the minimum requirements for State evaluation. These requirements are not intended to limit the content of a Bidder’s proposal. Bidders may include additional information or offer alternative solutions for the State’s https://sos.vermont.gov/corporations/registration/ http://tax.vermont.gov/ Revised July 28, 2022 Page 5 of 71 consideration. However, the State discourages overly lengthy and costly proposals, and Bidders are advised to include only such information in their response as may be relevant to the requirements of this RFP. 4.1. The bid should include a Cover Letter and Technical Response and Price Schedule. 4.2. COVER LETTER: 4.2.1. Confidentiality. To the extent your bid contains information you consider to be proprietary and confidential, you must comply with the following requirements concerning the contents of your cover letter and the submission of a redacted copy of your bid (or affected portions thereof). 4.2.2. All responses to this RFP will become part of the contract file and will become a matter of public record under the State’s Public Records Act, 1 V.S.A. § 315 et seq. (the “Public Records Act”). If your response must include material that you consider to be proprietary and confidential under the Public Records Act, your cover letter must clearly identify each page or section of your response that you consider proprietary and confidential. Your cover letter must also include a written explanation for each marked section explaining why such material should be considered exempt from public disclosure in the event of a public records request, pursuant to 1 V.S.A. § 317(c), including the prospective harm to the competitive position of the bidder if the identified material were to be released. Additionally, you must include a redacted copy of your response for portions that are considered proprietary and confidential. Redactions must be limited so that the reviewer may understand the nature of the information being withheld. It is typically inappropriate to redact entire pages, or to redact the titles/captions of tables and figures. Under no circumstances may your entire response be marked confidential, and the State reserves the right to disqualify responses so marked. 4.2.3. Exceptions to Contract Terms and Conditions. If a Bidder wishes to propose an exception to any terms and conditions set forth in the Standard Contract Form and its attachments, such exceptions must be included in the cover letter to the RFP response. Failure to note exceptions when responding to the RFP will be deemed to be acceptance of the State contract terms and conditions. If exceptions are not noted in the response to this RFP but raised during contract negotiations, the State reserves the right to cancel the negotiation if deemed to be in the best interests of the State. Note that exceptions to contract terms may cause rejection of the proposal. 4.3. TECHNICAL RESPONSE. In response to this RFP, a Bidder shall: 4.3.1. Provide details concerning your form of business organization, company size and resources. 4.3.2. Describe your capabilities and particular experience relevant to the RFP requirements. 4.3.2.1. Identify all current or past State projects. 4.3.3. Identify the names of all subcontractors you intend to use, the portions of the work the subcontractors will perform, and address the background and experience of the subcontractor(s), as per RFP section 4.3.2 above. 4.4. REFERENCES. Provide the names, addresses, and phone numbers of at least three companies with whom you have transacted similar business in the last 12 months. You must include contact names who can talk knowledgeably about performance. 4.5. REPORTING REQUIREMENTS: Provide a sample of any reporting documentation that may be applicable to the Detailed Requirements of this RFP. 4.6. PRICE SCHEDULE: Bidders shall submit their pricing information in the Price Schedule attached to the RFP. 4.7. CERTIFICATE OF COMPLIANCE: This form must be completed and submitted as part of the response for the proposal to be considered valid. 4.8. STATE OF VERMONT BIDDER RESPONSE FORM: This form must be completed and submitted as part of the response for the proposal to be considered valid. The State of Vermont Bidder Response Form provides a standard format and content for bidder proposals. When required, this form will prompt Bidders to supply the information required in the above RFP sections 4.3 through 4.7. Note: In addition to completing the State of Vermont Bidder Response Form, Bidders are required to provide the specific attachments that are described within the Bidder Response Form. Revised July 28, 2022 Page 6 of 71 5. SUBMISSION INSTRUCTIONS: 5.1. CLOSING DATE: Bids must be received by the State by the due date specified on the front page of this RFP. Late bids will not be considered. 5.1.1. The State may, for cause, issue an addendum to change the date and/or time when bids are due. If a change is made, the State will inform all bidders by posting at the webpage indicated on the front page of this RFP. 5.1.2. There will not be a public bid opening. However, the State will record the name, city and state for any and all bids received by the due date. This information will be posted as promptly as possible following the due date online at: https://bgs.vermont.gov/content/opc-bid-tabulation-sheets-0 . Bidders are hereby notified to review the information posted after the bid opening deadline to confirm receipt of bid by the State. Any bidder that submitted a bid, and is not listed on the bid tabulation sheet, shall promptly notify the State Contact listed on the front page of this RFP. Should a bidder fail to notify the State Contact listed on the front page of this RFP within two weeks of posting the bid tabulation sheet, the State shall not be required to consider the bid. 5.2. STATE SECURITY PROCEDURES: Please be advised extra time will be needed when visiting and/or delivering information to State of Vermont offices. All individuals visiting State offices must present a valid government issued photo ID when entering the facility. 5.2.1. State office buildings may be locked or otherwise closed to the public. If this RFP permits hand delivery of bids, delivery instructions will be posted at the entrance to the State facility. Any delay caused by State Security Procedures will be at the bidder’s own risk. 5.3. BID DELIVERY INSTRUCTIONS: 5.3.1. ELECTRONIC: Electronic bids will be accepted. 5.3.1.1. E-MAIL BIDS. Emailed bids will be accepted. Bids will be accepted via email submission to SOV.ThePathForward@vermont.gov. Bids must consist of a single email with a single, digitally searchable PDF attachment containing all components of the bid. Multiple emails and/or multiple attachments will not be accepted. There is an attachment size limit of 40 MB. It is the Bidder’s responsibility to compress the PDF file containing its bid if necessary, in order to meet this size limitation. 5.3.1.2. FAX BIDS: Faxed bids will not be accepted. 5.4. U.S. MAIL OR EXPRESS DELIVERY OR HAND DELIVERY: 5.4.1. All paper format bids must be addressed to the State of Vermont, Office of Purchasing & Contracting, 133 State Street, 5th Floor, Montpelier, VT 05633-8000. BID ENVELOPES MUST BE CLEARLY MARKED ‘SEALED BID’ AND SHOW THE REQUISITION NUMBER AND/OR PROPOSAL TITLE, OPENING DATE AND NAME OF BIDDER. 5.4.2. NUMBER OF COPIES: 5.4.3. For bids submitted via mail, express, or in-hand, submit an unbound original (clearly marked as such) and three (4) paper copies and one digital copy in PDF, CD-ROM, or USB flash drive copy 5.4.4. Paper Format Delivery Methods: 5.4.4.1. U.S. MAIL: Bidders are cautioned that it is their responsibility to originate the mailing of bids in sufficient time to ensure bids are received and time stamped by the Office of Purchasing & Contracting prior to the time of the bid opening. https://bgs.vermont.gov/content/opc-bid-tabulation-sheets-0 mailto:SOV.ThePathForward@vermont.gov Revised July 28, 2022 Page 7 of 71 5.4.4.2. EXPRESS DELIVERY: If bids are being sent via an express delivery service, be certain that the RFP designation is clearly shown on the outside of the delivery envelope or box. Express delivery packages will not be considered received by the State until the express delivery package has been received and time stamped by the Office of Purchasing & Contracting. 5.4.4.3. HAND DELIVERY: Hand carried bids shall be delivered to a representative of the Office of Purchasing & Contracting prior to the bid opening. A Security Officer is at 133 until 4:30pm which is the normal hours. A bid submitted by Hand Delivery will not be accepted after 4:30 PM. ✓ BID SUBMISSION CHECKLIST: Required Number of Copies ✓ Cover Letter ✓ Redacted Technical Response, if applicable ✓ State of Vermont Bidder Response Form and Attachments o Technical Response (included in Bidder Response Form) o References (included in Bidder Response Form) o Price Schedule (included in Bidder Response Form) o Certificate of Compliance (included in Bidder Response Form) 6. ATTACHMENTS: 6.1. Worker Classification Compliance Requirement; Subcontractor Reporting Form 6.2. State of Vermont Bidder Response Form 6.3. Standard State Contract with its associated attachments, including but not limited to, Attachment C: Standard State Provisions for Contracts and Grants (December 15, 2017) Revised July 28, 2022 Page 8 of 71 RFP/PROJECT: DATE: Page 1 of 3 CERTIFICATE OF COMPLIANCE For a bid to be considered valid, this form must be completed in its entirety, executed by a duly authorized representative of the bidder, and submitted as part of the response to the proposal. A. NON COLLUSION: Bidder hereby certifies that the prices quoted have been arrived at without collusion and that no prior information concerning these prices has been received from or given to a competitive company. If there is sufficient evidence to warrant investigation of the bid/contract process by the Office of the Attorney General, bidder understands that this paragraph might be used as a basis for litigation. B. CONTRACT TERMS: Bidder hereby acknowledges that is has read, understands and agrees to the terms of this RFP, including Attachment C: Standard State Contract Provisions, and any other contract attachments included with this RFP. C. WORKER CLASSIFICATION COMPLIANCE REQUIREMENT: In accordance with Section 32 of The Vermont Recovery and Reinvestment Act of 2009 (Act No. 54), the following provisions and requirements apply to Bidder when the amount of its bid exceeds $250,000.00. Self-Reporting. Bidder hereby self-reports the following information relating to past violations, convictions, suspensions, and any other information related to past performance relative to coding and classification of workers, that occurred in the previous 12 months. Summary of Detailed Information Date of Notification Outcome Subcontractor Reporting. Bidder hereby acknowledges and agrees that if it is a successful bidder, prior to execution of any contract resulting from this RFP, Bidder will provide to the State a list of all proposed subcontractors and subcontractors’ subcontractors, together with the identity of those subcontractors’ workers compensation insurance providers, and additional required or requested information, as applicable, in accordance with Section 32 of The Vermont Recovery and Reinvestment Act of 2009 (Act No. 54), and Bidder will provide any update of such list to the State as additional subcontractors are hired. Bidder further acknowledges and agrees that the failure to submit subcontractor reporting in accordance with Section 32 of The Vermont Recovery and Reinvestment Act of 2009 (Act No. 54) will constitute non-compliance and may result in cancellation of contract and/or restriction from bidding on future state contracts. Revised July 28, 2022 Page 9 of 71 RFP/PROJECT: DATE: Page 2 of 3 D. Executive Order 05 – 16: Climate Change Considerations in State Procurements Certification Bidder certifies to the following (Bidder may attach any desired explanation or substantiation. Please also note that Bidder may be asked to provide documentation for any applicable claims): 1. Bidder owns, leases or utilizes, for business purposes, space that has received: ❑ Energy Star® Certification ❑ LEED®, Green Globes®, or Living Buildings ChallengeSM Certification ❑ Other internationally recognized building certification: ____________________________________________________________________________ 2. Bidder has received incentives or rebates from an Energy Efficiency Utility or Energy Efficiency Program in the last five years for energy efficient improvements made at bidder’s place of business. Please explain: _____________________________________________________________________________ 3. Please Check all that apply: ❑ Bidder can claim on-site renewable power or anaerobic-digester power (“cow-power”). Or bidder consumes renewable electricity through voluntary purchase or offset, provided no such claimed power can be double-claimed by another party. ❑ Bidder uses renewable biomass or bio-fuel for the purposes of thermal (heat) energy at its place of business. ❑ Bidder’s heating system has modern, high-efficiency units (boilers, furnaces, stoves, etc.), having reduced emissions of particulate matter and other air pollutants. ❑ Bidder tracks its energy consumption and harmful greenhouse gas emissions. What tool is used to do this? _____________________ ❑ Bidder promotes the use of plug-in electric vehicles by providing electric vehicle charging, electric fleet vehicles, preferred parking, designated parking, purchase or lease incentives, etc.. ❑ Bidder offers employees an option for a fossil fuel divestment retirement account. ❑ Bidder offers products or services that reduce waste, conserve water, or promote energy efficiency and conservation. Please explain: ____________________________________________________________________________ ____________________________________________________________________________ 4. Please list any additional practices that promote clean energy and take action to address climate change: _____________________________________________________________________________ ____________________________________________________________________________ _____________________________________________________________________________ Revised July 28, 2022 Page 10 of 71 RFP/PROJECT: DATE: Page 3 of 3 E. Executive Order 02 – 22: Solidarity with the Ukrainian People ❑ By checking this box, Bidder certifies that none of the goods, products, or materials offered in response to this solicitation are Russian-sourced goods or produced by Russian entities. If Bidder is unable to check the box, it shall indicate in the table below which of the applicable offerings are Russian-sourced goods and/or which are produced by Russian entities. An additional column is provided for any note or comment that you may have. Provided Equipment or Product Note or Comment Bidder Name: Contact Name: Address: Fax Number: Telephone: E-Mail: By: Name: Signature of Bidder (or Representative) (Type or Print) END OF CERTIFICATE OF COMPLIANCE Revised July 28, 2022 Page 11 of 71 PRICE SCHEDULE A. Fixed Price Deliverables: Deliverable Description Fixed Price Deliverable A: Fulfilment of all LMS requirements $ Deliverable B: Fulfilment of all TRD requirements $ Total Project Cost $ B. Hourly Labor Rates: Service Category/Title of Positions Hourly Rate Future customization of the LMS and or TRD that was not a requirement. $ C. This contract can be extended up to two (2) additional 12-month periods with mutual agreement between both parties: Optional Year 2 Increase: Not to Exceed ___________% Optional Year 3 Increase: Not to Exceed ___________% Name of Bidder: Signature of Bidder: Date: Revised July 28, 2022 Page 12 of 71 RFP/PROJECT: DATE: SUBCONTRACTOR REPORTING FORM This form must be completed in its entirety and submitted prior to contract execution and updated as necessary and provided to the State as additional subcontractors are hired. The Department of Buildings and General Services in accordance with Act 54, Section 32 of the Acts of 2009 and for total project costs exceeding $250,000.00 requires bidders to comply with the following provisions and requirements. Contractor is required to provide a list of subcontractors on the job along with lists of subcontractor’s subcontractors and by whom those subcontractors are insured for workers’ compensation purposes. Include additional pages if necessary. This is not a requirement for subcontractor’s providing supplies only and no labor to the overall contract or project. Subcontractor Insured By Subcontractor’s Sub Insured By Date: Name of Company: Contact Name: Address: Title: Phone Number: E-mail: Fax Number: By: Name: Failure to adhere to Act 54, Section 32 of the Acts of 2009 and submit Subcontractor Reporting: Worker Classification Compliance Requirement will constitute non-compliance and may result in cancellation of contract and/or forfeiture of future bidding privileges until resolved. Send Completed Form to: Office of Purchasing & Contracting 133 State Street, 5th Floor Montpelier, VT 05633-8000 Revised July 28, 2022 Page 13 of 71 State of Vermont Bidder Response Form State of Vermont Bidder Response Form Request for Proposal Name: Learning Management System and Training Records Database Exhibit C Revised July 28, 2022 Page 14 of 71 Vendor Instructions: Provide the information requested in this form and submit it to the State of Vermont as part of your Request for Proposal (RFP) response. All answers must be provided within the form unless otherwise specified. Important: This form must be completed and submitted in response to this RFP for your proposal to be considered valid. The submission must also include the eight (8) additional artifacts requested within this form (denoted by underlined green font). See the RFP for full instructions for submitting a bid. Bids must be received by the due date and at the location specified on the cover page of the RFP. Direct any questions you have concerning this form or the RFP to: Stephen Fazekas, Technology Procurement Administrator State of Vermont Office of Purchasing & Contracting 133 State Street, 5th Floor Montpelier VT 05633-8000 E-mail Address: SOV.ThePathForward@vermont.gov mailto:SOV.ThePathForward@vermont.gov Revised July 28, 2022 Page 15 of 71 Part 1: VENDOR PROFILE 1. Complete the table below. Item Detail Company Name: [insert the name that you do business under] Physical Address: [if more than one office – put the address of your head office] Postal Address: [e.g. P.O Box address] Business Website: [url address] Type of Entity (Legal Status): [sole trader/partnership/limited liability company or specify other] Primary Contact: [name of the person responsible for communicating with the Buyer] Title: [job title or position] Email Address: [email] Phone Number: [landline] Fax Number: [fax] 2. Provide a brief overview of your company including number of years in business, number of employees, nature of business, and description of clients. Identify any parent corporation and/or subsidiaries. 3. Is your organization currently or has it previously provided solutions and/or services to any agency or entity of the Vermont State government? If so, name the State entity, the solution and/or services provided, and the dates. 4. Provide a Financial Statement* for your company and label it Attachment #1. A confidentiality statement may be included if this financial information is considered non-public information. This requirement can be filled by: ▪ A current Dun and Bradstreet Report that includes a financial analysis of the firm; ▪ An Annual Report if it contains (at a minimum) a Compiled Income Statement and Balance Sheet verified by a Certified Public Accounting firm; or ▪ Tax returns and financial statements including income statements and balance sheets for the most recent 3 years, and any available credit reports. *Some types of procurements may require bidders to provide additional or specific financial information. Any such additional requirements will be clearly identified and explained within the RFP, and may include supplemental forms in addition to this Bidder Response Form. 5. Disclose any judgments, pending or expected litigation, or other real potential financial reversals, which might materially affect the viability or stability of your company or indicate below that no such condition is known to exist. Revised July 28, 2022 Page 16 of 71 6. Provide a list of three references similar in size and industry (preferably another governmental entity). References shall be clients who have implemented your Solution within the past 48 months. Reference 1 Detail Reference Company Name: [insert the name that you do business under] Company Address: [address] Type of Industry: [industry type: e.g., government, telecommunications, etc.] Contact Name: [if applicable] Contact Phone Number: [phone] Contact Email Address: [email] Description of system(s) implemented: [description] Date of Implementation: [date] Reference 2 Detail Reference Company Name: [insert the name that you do business under] Company Address: [address] Type of Industry: [industry type: e.g., government, telecommunications, etc.] Contact Name: [if applicable] Contact Phone Number: [phone] Contact Email Address: [email] Description of system(s) implemented: [description] Date of Implementation: [date] Reference 3 Detail Reference Company Name: [insert the name that you do business under] Company Address: [address] Type of Industry: [industry type: e.g., government, telecommunications, etc.] Contact Name: [if applicable] Contact Phone Number: [phone] Revised July 28, 2022 Page 17 of 71 Contact Email Address: [email] Description of system(s) implemented: [description] Date of Implementation: [date] PART 2: VENDOR PROPOSAL/SOLUTION 1. Provide a description of the technology solution you are proposing. 2. Provide a description of the capabilities of the technology solution you are proposing. 3. If a proprietary software is being proposed, provide a description of the: A. Standard features and functions of the software: B. The software licensing requirements for the solution: C. The standard performance levels: ▪ Hours of system availability: ▪ System response time: ▪ Maximum number of concurrent users: ▪ Other relevant performance level information: 4. Give a brief description of the evolution of the system/software solution you are proposing. Include the date of the first installed site and major developments which have occurred (e.g. new versions, new modules, specific features). 5. List the total number of installations in the last 3 years by the year of installation. 6. Provide the total number of current users for the proposed system and indicate what version they are using. 7. Have you implemented the proposed solution for other government entities? If so, tell us who, when, and how that implementation went? 8. Provide a Road Map that outlines the company’s short term and long term goals for the proposed solution/software and label it Attachment #2. 9. Provide a PowerPoint (minimum of 1 slide and maximum of 10 slides) that provides an Executive level summary of your proposal to the State. Label it Attachment #3. 10. Does your proposed solution include any warranties? If so, describe them and provide the warranty periods. 11. Describe any infrastructure, equipment, network or hardware required to implement and/or run the solution. 12. What is your recommended way to host this solution? 13. Describe how your solution can be integrated to other applications and if you offer a standard-based interface to enable integrations. Revised July 28, 2022 Page 18 of 71 14. Respond to the following questions about the solution being proposed: Vendor Response/Explanation Question Yes or No A. Does the solution use Service Oriented Architecture for integration? B. Does the solution use a Rules Engine for business rules? C. Does the solution use any Master Data Management? D. Does the solution use any Enterprise Content Management software? E. Does the solution use any Case Management software? F. Does the solution use any Business Intelligence software? G. Does the solution use any Database software? H. Does the solution use any Business Process Management software? I. Is this a browser based solution and if so what browsers do you support? J. Does the solution include an API for integration? Revised July 28, 2022 Page 19 of 71 PART 3: FUNCTIONAL REQUIREMENTS The table below lists the State’s Functional Requirements. Indicate the “Availability” for each requirement for your proposed solution. Use the “Vendor Comments” column to provide any additional information or explanations. A - Feature is available in the core (“out-of-the-box”) solution. D - Feature is currently under development (indicate anticipated date of availability in the Vendor comments column). C - Feature is not available in the core solution, but can provided with customization. N - Feature is not available. Revised July 28, 2022 Page 20 of 71 ID # Functional Requirement Description Availability Vendor Comments 1 The LMS must be SCORM compliant. The LMS must have the ability to create courses with multiple sections. The LMS must be a secure web-based user interface that secures the session using the most secure Transport Layer Security (TLS). The LMS must have the ability to support video files within a presentation. The LMS must be compatible with currently supported browsers and not require any third-party plugins. The LMS must have the ability to create custom courses directly within the platform, it should not require creation of courses using third party software that then must be imported into the LMS. The LMS must have the ability to create timed and self-paced course content such as exams, quizzes, or specific lessons within a course. The LMS must allow for a reasonable file size limit (500MB) for content in courses and then another option if the content exceeds the normal limit. The LMS must have the ability to attach items to the course by students (i.e., evidence of assignments). The LMS must allow the instructor the ability to change course due dates for specific students. The LMS must allow the instructor the ability to assign courses to specific users by individual or by group(s). The LMS must have the ability to notify the instructor of file uploads to the course by a student. The LMS must have the ability to track and notify the instructor of student progress for assigned courses. The LMS must have “masquerade functionality” that allows an instructor or administrator the ability to easily switch between roles to determine a student’s experience. The LMS must have a mechanism to display a course/class rosters/attendance The LMS must allow users the ability to change their passwords once they have authenticated themselves to the solution. The LMS must have a secure function that allows users that have forgotten their password a means to reset it to gain access. The LMS must provide Role Based Access, please describe the differences in ability a student, instructor, and administrator have in the LMS. The LMS must provide students a dashboard of their course(s) status, i.e. not started, completed, and or percentage of completion. The LMS must provide instructors and administrators a dashboard of course(s) with a summary of student’s status, i.e. not started, completed, and or percentage of completion. The dashboard should have the ability to easily display a detailed view that shows the status of each student in the course(s). The LMS must include a robust catalog of continuing education material and courses specific to 911 telecommunicators and or public safety professionals. This catalog of continuing education materials and courses must be updated with new offerings periodically. The LMS must provide multiple administrator accounts for State staff to complete routine administrative functions, i.e. create new users, update users, disable users, etc. 2 Revised July 28, 2022 Page 21 of 71 The TRD must be a secure web-based user interface that secures the session using the most secure TLS. The TRD must have the following fields for call-takers, First Name, Last Name, PSAP or Department, Title, Agent ID, Agent ID Issue Date, Agent ID inactive Date, E-Mail Address, Notes, Still Active, Certification Date, and Recertification Due Date The TRD must have the following fields for courses that are related back to a call-taker, Unique Course Number, Course Name, Type, Instructor/Vendor, Class Designation, Submitted By, Approved, Approved By, Approved Date, Continued Education Credits, Series Title, Date of Publication, Topic, and Comments The TRD must Multi Factor Authentication (MFA). The TRD must be compatible with currently supported browsers and not require any third-party plugins. The TRD must allow for easily adding and managing records. The TRD must allow for uploading of certifications and or sign in sheets in portable document format (PDF) for evidence of a completed course. The PDF would be associated with the agent’s course records, and easily viewable when reviewing and or reporting on training records. The TRD must allow for filtering of records on any field. The TRD must allow for exporting of filtered sets of records and or all records. The TRD must have robust reporting, to include ad-hoc reporting, and the following defined reports – Full training history by agent, agent training history by date range, full training history by PSAP, PSAP training history by date range, course attendees list, a 40 hour, EMD (Emergency Medical Dispatch), and CPR certification reports that includes when an agent was certified, when the agent needs to recertify. This report must be filterable by agent and or by PSAP. Report results must allow for download in both .csv and .pdf format. The user must be able to decide what format they want to download the report in. The TRD must allow for easily associating multiple agents to a course, rather than having to touch each record. The TRD must allow for configurable or predetermined flagging of certification, recertification, and course dates that automatically trigger an E-Mail notifying the call-taker that a due date is upcoming meeting the specific criteria. The TRD must provide follow-up E-Mail reminders for past due dates of certification, recertification, and course dates. The TRD must provide Role Based Access, please describe what ability the TRD has between an agent wanting to review their training records versus an administrator managing and editing records. The TRD must provide multiple administrator accounts for State staff to complete routine administrative functions, i.e. create new users, update users, disable users, etc. PART 4: NON- FUNCTIONAL REQUIREMENTS The tables below list the State’s Non-Functional Requirements. Indicate if your proposed solution complies in the “Comply” column. Yes = the solution complies with the stated requirement. No = the solution does not comply with the stated requirement. N/A = Not applicable to this offering. Describe how the requirement is met in the “Vendor Description of Compliance” column. 4.1 Hosting Revised July 28, 2022 Page 22 of 71 ID # Non-Functional Requirement Description Comply Vendor’s Description of Compliance H1 Any technical solution must be hosted in a data center. H2 Any hosting provider must provide for back-up and disaster recovery models and plans as needed for the solution. H3 Any hosting provider will abide by ITIL best practices for change requests, incident management, problem management and service desk. 4.2 Application Solution A1 Any solutions vendor must provide for the backup/recover, data retention and disaster recovery of a contracted/hosted application solution. A2 Any solutions vendor must provide for application management and design standard of all technology platforms and environments for the application solution (Development, Staging, Productions, DR, etc.) Revised July 28, 2022 Page 23 of 71 ID # Non-Functional Requirement Description Com ply Vendor’s Description of Compliance A3 Any solutions vendor must engage the State of Vermont using Service Level Agreements for system and application performance, incident reporting and maintenance. A4 The State owns any data they enter, migrate, or transmit into the solution and the vendor shall allow the State to pull or copy this data at any time free of charge. A5 As a contract deliverable, the vendor shall supply an up-to-date data dictionary that represents all data respective of the solution it will provide. The data dictionary must contain the following attributes: 1. The technology (RDBMS platform) that hosts the data source, i.e. Oracle, SQL Server, MySQL, DB2, etc. 2. The location where the data source is hosted 3. Thorough descriptions of each table in the data source 4. Thorough descriptions of each column within each table in the data source. In addition to business definitions, column descriptions must include the following detail: schema names; file group names (if applicable); data types; lengths; primary and foreign key constrains; applied formatting; applied calculations; applied aggregations; NULL-ability; default values. Revised July 28, 2022 Page 24 of 71 4.3 Security As a solution vendor, you must have documented and implemented security practices for the following and have a process to audit/monitor for adherence. Indicate “Yes” or “No” in the “Comply” column or “N/A” if the requirement is not applicable to this offering. Use the “Vendor Description of Applicable Security Processes” column to describe how you meet the requirement and the “Audit/Monitor” column to indicate how you monitor for compliance. ID # Non-Functional Requirement Description Com ply Vendor’s Description of Applicable Security Processes Audit/Monitor Process S1 Input validation S2 Output encoding S3 Authentication and password management S4 Session management S5 Access control S6 Cryptographic practices S7 Error handling and logging S8 Data protection from unauthorized use, modification, disclosure or destruction (accidental or intentional). S9 Communication security S1 0 System configuration S1 1 Database security S1 2 File management S1 3 Memory management S1 4 Fraud detection S1 5 General coding practices S1 6 POA&M management S1 7 Risk Assessment Practices including but not limited to vulnerability assessment and pen testing S1 8 Incident response planning and testing S1 9 System Security Plan delivery 4.4 Other Non-Functional Requirements For each requirement listed, indicate if and how you comply or type “N/A” if it is not applicable to your offering. 4.5 Data Compliance Revised July 28, 2022 Page 25 of 71 Vendors and their solutions must adhere to applicable State and Federal standards, policies, and laws based on the type of data that will be stored, accessed, transmitted and/or controlled by the solution. If the “Type of Data” column is checked below, respond “Yes” or “No” in the “Comply” column and provide an explanation on how you comply in the “Vendor’s Description of Compliance” column. Type of Data Applicable State & Federal Standards, Policies, and Laws Comply Vendor’s Description of Compliance ☐ Publicly available information ▪ NIST 800-171 ☒ Confidential Personally Identifiable Information (PII) ▪ State law on Notification of Security Breaches ▪ State Law on Social Security Number Protection ▪ State law on the Protection of Personal Information ▪ National Institute of Standards & Technology: NIST SP 800-53 Revision 4 “Moderate” risk controls ▪ Privacy Act of 1974, 5 U.S.C. 552a. ☐ Payment Card Information ▪ Payment Card Industry Data Security Standard (PCI DSS) v 3.2 ☐ Federal Tax Information ▪ Internal Revenue Service Tax Information Security Guidelines for Federal, State and Local Agencies: IRS Pub 1075 ☐ Personal Health Information (PHI) ▪ Health Insurance Portability and Accountability Act of 1996: HIPAA ▪ The Health Information Technology for Economic and Clinical Health Act HITECH ▪ Code of Federal Regulations 45 CFR 95.621 https://csrc.nist.gov/publications/detail/sp/800-171/rev-1/final http://legislature.vermont.gov/statutes/section/09/062/02435 http://legislature.vermont.gov/statutes/section/09/062/02435 http://legislature.vermont.gov/statutes/section/09/062/02440 http://legislature.vermont.gov/statutes/section/09/062/02440 https://legislature.vermont.gov/statutes/fullchapter/09/062 https://legislature.vermont.gov/statutes/fullchapter/09/062 https://nvd.nist.gov/800-53 https://www.justice.gov/opcl/privacy-act-1974 https://www.pcisecuritystandards.org/document_library?category=pcidss&document=pci_dss https://www.pcisecuritystandards.org/document_library?category=pcidss&document=pci_dss https://www.irs.gov/privacy-disclosure/safeguards-program https://www.irs.gov/privacy-disclosure/safeguards-program https://www.hhs.gov/hipaa/for-professionals/privacy/index.html https://www.hhs.gov/hipaa/for-professionals/special-topics/hitech-act-enforcement-interim-final-rule/index.html https://www.govinfo.gov/app/collection/cfr/2017/title45 https://www.govinfo.gov/app/collection/cfr/2017/title45 Revised July 28, 2022 Page 26 of 71 Type of Data Applicable State & Federal Standards, Policies, and Laws Comply Vendor’s Description of Compliance ☐ Affordable Care Act Personally Identifiable Information (PII) ▪ Internal Revenue Service Tax Information Security Guidelines for Federal, State and Local Agencies IRS Pub 1075 ▪ Minimum Acceptable Risk Standards for Exchanges MARS-E 2.0 (Scroll down the page) ☐ Medicaid Information ▪ Medicaid Information Technology Architecture MITA3.0 ▪ Code of Federal Regulations 45 CFR 95.621 ☐ Prescription Information ▪ State law on the Confidentiality of Prescription Information ☐ Student Education Data ▪ Family Educational Rights and Privacy Act: FERPA ☐ Personal Information from Motor Vehicle Records ▪ Driver’s Privacy Protection Act (Title XXX) (“DPPA”) 18 U.S.C. Chapter 123, §§ 2721 – 2725 ☐ Criminal Records ▪ Criminal Justice Information Security Policy: CJIS 4.6 State of Vermont Cybersecurity Standard Update 2022-01 Vendor shall certify by checking the box below the Solution shall not include, incorporate, rely on, utilize or be supported by any products or services subject to the limitations provided under State of Vermont Cybersecurity Standard Update 2022-01, which Contractor acknowledges has been provided to it, and is available on-line at the following URL: https://digitalservices.vermont.gov/cybersecurity/cybersecurity- standards-and-directives ☐ Contractor hereby certifies that in connection with the Request for Proposal, none of the applicable products or services will be included in or used to support State systems in a manner prohibited under the Standard. https://www.irs.gov/privacy-disclosure/safeguards-program https://www.irs.gov/privacy-disclosure/safeguards-program https://www.cms.gov/CCIIO/Resources/Regulations-and-Guidance/ https://www.medicaid.gov/medicaid/data-and-systems/mita/mita-30/index.html https://www.govinfo.gov/app/collection/cfr/2017/title45 https://www.govinfo.gov/app/collection/cfr/2017/title45 http://legislature.vermont.gov/statutes/section/18/091/04631 http://legislature.vermont.gov/statutes/section/18/091/04631 http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html https://www.congress.gov/bill/103rd-congress/house-bill/3355/text https://www.fbi.gov/about-us/cjis/cjis-security-policy-resource-center/view https://digitalservices.vermont.gov/cybersecurity/cybersecurity-standards-and-directives https://digitalservices.vermont.gov/cybersecurity/cybersecurity-standards-and-directives Revised July 28, 2022 Page 27 of 71 PART 5: IMPLEMENTATION/PROJECT MANAGEMENT APPROACH 1. Describe the approach you would recommend for project managing this engagement. 2. Provide a list of the standard project management deliverables that you would normally produce for this type of engagement. 3. Provide a proposed list of project phases, major milestones, and an implementation time-line. Label this Attachment #4. 4. What types of difficulties have other clients experienced with implementation of the proposed solution? 1. Describe the experience and qualifications of the Project Manager you would offer as the resource for this engagement. Provide a copy of their resume and label it Attachment #5. Revised July 28, 2022 Page 28 of 71 PART 6: TECHNICAL SERVICES 1. Describe the technical services included in your proposal (e.g., business analysis, configuration, testing, implementation, etc.). 2. Provide a list of the standard deliverables for the technical services described above. 3. Provide a description of the roles/services/tasks the State will be expected to cover as part of this engagement. Describe any additional roles/services/tasks that are optional, but would be beneficial for the State to provide. 4. Describe your typical conversion plan to convert data from existing systems to your proposed solution (if applicable). 5. Describe and attach your typical Implementation Plan (label it Attachment #6), which shall include planning for the transition to maintenance and operations. 6. Describe the experience and qualifications of the technical resources proposed for this engagement. Provide their resume(s) and label them Attachment #7. 7. Describe the training that is included in your proposal. 8. Describe the system, administrator, and/or user documentation that is included in your proposal. Revised July 28, 2022 Page 29 of 71 PART 7: MAINTENANCE AND SUPPORT SERVICES 1. Provide answers to the questions below regarding your company’s Maintenance and Support Services: Questions Vendor Response Service: Customer Phone &/or Email Support What is the method for contacting technical support? What are the hours of operation for support? What is the turnaround time for responses? What is the escalation process for support issues? Who comprises the support team and what are their qualifications? Define your response resolution metrics and how you capture and report them. Service: Incident/Security Breach Notification and Process Describe your identification and notification process for security breaches. Service: Data Management Describe how data is stored, retained and backed-up (including frequency). Service: Hosting Describe the hosting service and associated service levels. Revised July 28, 2022 Page 30 of 71 Questions Vendor Response Service: Scheduled Maintenance/Downtime What is the frequency of scheduled maintenance and downtime? What is the notification process for scheduled maintenance and downtime? Describe how “maintenance” updates are tested with customers prior to installing them in their live environments. Service: System Upgrades Are software upgrades provided as part of the software support contract? Describe your software upgrade process. How often are new versions released? Is documentation and training provided for system upgrades? Are there additional costs for upgrades and/or new releases? Describe how and when the State will have an opportunity to test system upgrades/releases prior to live installation. Describe how the State will validate post installation and how changes will be backed out in the event that a problem is encountered. Revised July 28, 2022 Page 31 of 71 Questions Vendor Response Service: Bug Fixes and Minor Enhancements Describe the frequency and process for providing, testing, and installing bug fixes and minor enhancements. Service: Disaster Recovery Describe the disaster recovery services included in this proposal for any non-state hosted services. What is your standard RPO and RTO? Describe the plan your company has in place for its own disaster recovery of any sites that may be involved in support of this proposal. 2. Describe any other services not mentioned in the above list that are included in your standard Service Level Agreement (SLA) and include a copy of your SLA with your response to this RFP. Label the SLA Attachment #8. 3. Describe how adherence to your service levels is measured and what remedies you would provide the State when performance doesn’t meet the standard? Revised July 28, 2022 Page 32 of 71 PART 8: PRICING 1. Submit pricing for your proposed solution in the table below. Fill in only the lines that are applicable to your proposal. Insert lines for additional costs, but do not delete or rename any lines in the Table. Total each column and provide a total of all columns in the “Total Implementation, plus 5 Year Costs” box on the next page. Cost Type One Time (Implementation) Year 1 Year 2 Year 3 Year 4 Year 5 Software Enterprise Application: License Fees $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Maintenance &/or License Fee Add-Ons $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subscription cost $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Support and Maintenance Fees $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Implementation Services Project Management $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Requirements $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Cost Type One Time (Implementation) Year 1 Year 2 Year 3 Year 4 Year 5 Implementation Services Continued Training $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Hosting $0.00 Hosting Fees $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Base Costs $0.00 Total Implementation plus Five Year Costs $ 0.00 2. Describe any assumptions you have made in relation to the above cost and pricing information. 3. Provide pricing information for any volume discounts that are available based on the number of software licenses purchased or support years purchased. 4. Provide pricing for any Functional Requirements marked as “C” (feature is not available in the core solution, but can be provided with customization). Revised July 28, 2022 Page 33 of 71 PART 9: TERMS AND CONDITIONS In deciding which Respondent/s to shortlist the State will take into consideration each Respondent’s willingness to meet the State’s terms and conditions. Indicate any objections or concerns to our stated terms and conditions in the RFP or any of the exhibits, addendums or attachments including Attachment C. Add lines to the table below as needed. Important: Bidder will be bound to all terms and conditions stated in the State’s RFP, exhibits, attachments, and/or addendums except and then only to the extent specifically set forth in the table below, and only if and to the extent expressly agreed and incorporated in writing in a resulting contract. Note that exceptions to contract terms may cause rejection of the proposal. Clause Location Concern Proposed Verbiage [indicate RFP, exhibit, attachment or addendum, section & page number] [briefly describe your concern about this clause] [describe your suggested alternative wording for the clause or your solution] [indicate RFP, exhibit, attachment or addendum, section & page number] [briefly describe your concern about this clause] [describe your suggested alternative wording for the clause or your solution] [indicate RFP, exhibit, attachment or addendum, section & page number] [briefly describe your concern about this clause] [describe your suggested alternative wording for the clause or your solution] Revised July 28, 2022 Page 34 of 71 PART 10: CERTIFICATE OF COMPLIANCE/AUTHORIZED COMPANY SIGNATURE For a bid to be considered valid, this Part 10 must be completed in its entirety, executed by a duly authorized representative of the bidder, and submitted as part of the response to the proposal. F. NON COLLUSION: Bidder hereby certifies that the prices quoted have been arrived at without collusion and that no prior information concerning these prices has been received from or given to a competitive company. If there is sufficient evidence to warrant investigation of the bid/contract process by the Office of the Attorney General, bidder understands that this paragraph might be used as a basis for litigation. G. CONTRACT TERMS: Bidder hereby acknowledges that is has read, understands and agrees to the terms of this RFP, including Attachment C: Standard State Contract Provisions, and any other contract attachments included with this RFP. H. WORKER CLASSIFICATION COMPLIANCE REQUIREMENT: In accordance with Section 32 of The Vermont Recovery and Reinvestment Act of 2009 (Act No. 54), the following provisions and requirements apply to Bidder when the amount of its bid exceeds $250,000.00. Self-Reporting. Bidder hereby self-reports the following information relating to past violations, convictions, suspensions, and any other information related to past performance relative to coding and classification of workers, that occurred in the previous 12 months. Summary of Detailed Information Date of Notification Outcome Subcontractor Reporting. Bidder hereby acknowledges and agrees that if it is a successful bidder, prior to execution of any contract resulting from this RFP, Bidder will provide to the State a list of all proposed subcontractors and subcontractors’ subcontractors, together with the identity of those subcontractors’ workers compensation insurance providers, and additional required or requested information, as applicable, in accordance with Section 32 of The Vermont Recovery and Reinvestment Act of 2009 (Act No. 54), and Bidder will provide any update of such list to the State as additional subcontractors are hired. Bidder further acknowledges and agrees that the failure to submit subcontractor reporting in accordance with Section 32 of The Vermont Recovery and Reinvestment Act of 2009 (Act No. 54) will constitute non-compliance and may result in cancellation of contract and/or restriction from bidding on future state contracts. I. Executive Order 05 – 16: Climate Change Considerations in State Procurements Certification Bidder certifies to the following (Bidder may attach any desired explanation or substantiation. Please also note that Bidder may be asked to provide documentation for any applicable claims): 2. Bidder owns, leases or utilizes, for business purposes, space that has received: ❑ Energy Star® Certification ❑ LEED®, Green Globes®, or Living Buildings ChallengeSM Certification ❑ Other internationally recognized building certification: ____________________________________________________________________________ Revised July 28, 2022 Page 35 of 71 2. Bidder has received incentives or rebates from an Energy Efficiency Utility or Energy Efficiency Program in the last five years for energy efficient improvements made at bidder’s place of business. Please explain: _____________________________________________________________________________ 3. Please Check all that apply: ❑ Bidder can claim on-site renewable power or anaerobic-digester power (“cow-power”). Or bidder consumes renewable electricity through voluntary purchase or offset, provided no such claimed power can be double-claimed by another party. ❑ Bidder uses renewable biomass or bio-fuel for the purposes of thermal (heat) energy at its place of business. ❑ Bidder’s heating system has modern, high-efficiency units (boilers, furnaces, stoves, etc.), having reduced emissions of particulate matter and other air pollutants. ❑ Bidder tracks its energy consumption and harmful greenhouse gas emissions. What tool is used to do this? _____________________ ❑ Bidder promotes the use of plug-in electric vehicles by providing electric vehicle charging, electric fleet vehicles, preferred parking, designated parking, purchase or lease incentives, etc.. ❑ Bidder offers employees an option for a fossil fuel divestment retirement account. ❑ Bidder offers products or services that reduce waste, conserve water, or promote energy efficiency and conservation. Please explain: ____________________________________________________________________________ ____________________________________________________________________________ 5. Please list any additional practices that promote clean energy and take action to address climate change: _____________________________________________________________________________ ____________________________________________________________________________ _____________________________________________________________________________ J. Executive Order 02 – 22: Solidarity with the Ukrainian People ❑ By checking this box, Bidder certifies that none of the goods, products, or materials offered in response to this solicitation are Russian-sourced goods or produced by Russian entities. If Bidder is unable to check the box, it shall indicate in the table below which of the applicable offerings are Russian-sourced goods and/or which are produced by Russian entities. An additional column is provided for any note or comment that you may have. Provided Equipment or Product Note or Comment Revised July 28, 2022 Page 36 of 71 Revised July 28, 2022 Page 37 of 71 I am authorized to submit a proposal to the State of Vermont in response to this RFP on behalf of my organization. The information provided as part of my organization’s response is a true and accurate representation of my organization’s ability to meet the State of Vermont’s business needs as expressed in this RFP. Signature: Full name: Title: Company: Date: Revised July 28, 2022 Page 38 of 71 State of Vermont Standard Contract for Services and its associated Attachments ATTACHMENT C: STANDARD STATE PROVISIONS FOR CONTRACTS AND GRANTS REVISED DECEMBER 15, 2017 1. Definitions: For purposes of this Attachment, “Party” shall mean the Contractor, Grantee or Subrecipient, with whom the State of Vermont is executing this Agreement and consistent with the form of the Agreement. “Agreement” shall mean the specific contract or grant to which this form is attached. 2. Entire Agreement: This Agreement, whether in the form of a contract, State-funded grant, or Federally-funded grant, represents the entire agreement between the parties on the subject matter. All prior agreements, representations, statements, negotiations, and understandings shall have no effect. 3. Governing Law, Jurisdiction and Venue; No Waiver of Jury Trial: This Agreement will be governed by the laws of the State of Vermont. Any action or proceeding brought by either the State or the Party in connection with this Agreement shall be brought and enforced in the Superior Court of the State of Vermont, Civil Division, Washington Unit. The Party irrevocably submits to the jurisdiction of this court for any action or proceeding regarding this Agreement. The Party agrees that it must first exhaust any applicable administrative remedies with respect to any cause of action that it may have against the State with regard to its performance under this Agreement. Party agrees that the State shall not be required to submit to binding arbitration or waive its right to a jury trial. 4. Sovereign Immunity: The State reserves all immunities, defenses, rights or actions arising out of the State’s sovereign status or under the Eleventh Amendment to the United States Constitution. No waiver of the State’s immunities, defenses, rights or actions shall be implied or otherwise deemed to exist by reason of the State’s entry into this Agreement. 5. No Employee Benefits For Party: The Party understands that the State will not provide any individual retirement benefits, group life insurance, group health and dental insurance, vacation or sick leave, workers compensation or other benefits or services available to State employees, nor will the State withhold any state or Federal taxes except as required under applicable tax laws, which shall be determined in advance of execution of the Agreement. The Party understands that all tax returns required by the Internal Revenue Code and the State of Vermont, including but not limited to income, withholding, sales and use, and rooms and meals, must be filed by the Party, and information as to Agreement income will be provided by the State of Vermont to the Internal Revenue Service and the Vermont Department of Taxes. 6. Independence: The Party will act in an independent capacity and not as officers or employees of the State. 7. Defense and Indemnity: The Party shall defend the State and its officers and employees against all third party claims or suits arising in whole or in part from any act or omission of the Party or of any agent of the Party in connection with the performance of this Agreement. The State shall notify the Party in the event of any such claim or suit, and the Party shall immediately retain counsel and otherwise provide a complete defense against the entire claim or suit. The State retains the right to participate at its own expense in the defense of any claim. The State shall have the right to approve all proposed settlements of such claims or suits. After a final judgment or settlement, the Party may request recoupment of specific defense costs and may file suit in Washington Superior Court requesting recoupment. The Party shall be entitled to recoup costs only upon a showing that such costs were entirely unrelated to the defense of any claim arising from an act or omission of the Party in connection with the performance of this Agreement. The Party shall indemnify the State and its officers and employees if the State, its officers or employees become legally obligated to pay any damages or losses arising from any act or omission of the Party or an agent of the Party in connection with the performance of this Agreement. Notwithstanding any contrary language anywhere, in no event shall the terms of this Agreement or any document furnished by the Party in connection with its performance under this Agreement obligate the State to (1) defend or indemnify the Party or any third party, or (2) otherwise be liable for the expenses or reimbursement, including attorneys’ fees, collection costs or other costs of the Party or any third party. 8. Insurance: Before commencing work on this Agreement the Party must provide certificates of insurance to show that the following minimum coverages are in effect. It is the responsibility of the Party to maintain current certificates of insurance on file with the State through the term of this Agreement. No warranty is made that the coverages and Revised July 28, 2022 Page 39 of 71 limits listed herein are adequate to cover and protect the interests of the Party for the Party’s operations. These are solely minimums that have been established to protect the interests of the State. Workers Compensation: With respect to all operations performed, the Party shall carry workers’ compensation insurance in accordance with the laws of the State of Vermont. Vermont will accept an out-of-state employer's workers’ compensation coverage while operating in Vermont provided that the insurance carrier is licensed to write insurance in Vermont and an amendatory endorsement is added to the policy adding Vermont for coverage purposes. Otherwise, the party shall secure a Vermont workers’ compensation policy, if necessary to comply with Vermont law. General Liability and Property Damage: With respect to all operations performed under this Agreement, the Party shall carry general liability insurance having all major divisions of coverage including, but not limited to: Premises - Operations Products and Completed Operations Personal Injury Liability Contractual Liability The policy shall be on an occurrence form and limits shall not be less than: $1,000,000 Each Occurrence $2,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal & Advertising Injury Automotive Liability: The Party shall carry automotive liability insurance covering all motor vehicles, including hired and non-owned coverage, used in connection with the Agreement. Limits of coverage shall not be less than $500,000 combined single limit. If performance of this Agreement involves construction, or the transport of persons or hazardous materials, limits of coverage shall not be less than $1,000,000 combined single limit. Additional Insured. The General Liability and Property Damage coverages required for performance of this Agreement shall include the State of Vermont and its agencies, departments, officers and employees as Additional Insureds. If performance of this Agreement involves construction, or the transport of persons or hazardous materials, then the required Automotive Liability coverage shall include the State of Vermont and its agencies, departments, officers and employees as Additional Insureds. Coverage shall be primary and non-contributory with any other insurance and self-insurance. Notice of Cancellation or Change. There shall be no cancellation, change, potential exhaustion of aggregate limits or non-renewal of insurance coverage(s) without thirty (30) days written prior written notice to the State. 9. Reliance by the State on Representations: All payments by the State under this Agreement will be made in reliance upon the accuracy of all representations made by the Party in accordance with this Agreement, including but not limited to bills, invoices, progress reports and other proofs of work. 10. False Claims Act: The Party acknowledges that it is subject to the Vermont False Claims Act as set forth in 32 V.S.A. § 630 et seq. If the Party violates the Vermont False Claims Act it shall be liable to the State for civil penalties, treble damages and the costs of the investigation and prosecution of such violation, including attorney’s fees, except as the same may be reduced by a court of competent jurisdiction. The Party’s liability to the State under the False Claims Act shall not be limited notwithstanding any agreement of the State to otherwise limit Party’s liability. 11. Whistleblower Protections: The Party shall not discriminate or retaliate against one of its employees or agents for disclosing information concerning a violation of law, fraud, waste, abuse of authority or acts threatening health or safety, including but not limited to allegations concerning the False Claims Act. Further, the Party shall not require such employees or agents to forego monetary awards as a result of such disclosures, nor should they be required to report misconduct to the Party or its agents prior to reporting to any governmental entity and/or the public. 12. Location of State Data: No State data received, obtained, or generated by the Party in connection with performance under this Agreement shall be processed, transmitted, stored, or transferred by any means outside the continental United States, except with the express written permission of the State. 13. Records Available for Audit: The Party shall maintain all records pertaining to performance under this agreement. “Records” means any written or recorded information, regardless of physical form or characteristics, which is produced or acquired by the Party in the performance of this agreement. Records produced or acquired in a machine readable electronic format shall be maintained in that format. The records described shall be made available at reasonable times during the period of the Agreement and for three years thereafter or for any period required by law for inspection by any authorized representatives of the State or Federal Government. If any litigation, claim, or Revised July 28, 2022 Page 40 of 71 audit is started before the expiration of the three-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 14. Fair Employment Practices and Americans with Disabilities Act: Party agrees to comply with the requirement of 21 V.S.A. Chapter 5, Subchapter 6, relating to fair employment practices, to the full extent applicable. Party shall also ensure, to the full extent required by the Americans with Disabilities Act of 1990, as amended, that qualified individuals with disabilities receive equitable access to the services, programs, and activities provided by the Party under this Agreement. 15. Set Off: The State may set off any sums which the Party owes the State against any sums due the Party under this Agreement; provided, however, that any set off of amounts due the State of Vermont as taxes shall be in accordance with the procedures more specifically provided hereinafter. 16. Taxes Due to the State: A. Party understands and acknowledges responsibility, if applicable, for compliance with State tax laws, including income tax withholding for employees performing services within the State, payment of use tax on property used within the State, corporate and/or personal income tax on income earned within the State. B. Party certifies under the pains and penalties of perjury that, as of the date this Agreement is signed, the Party is in good standing with respect to, or in full compliance with, a plan to pay any and all taxes due the State of Vermont. C. Party understands that final payment under this Agreement may be withheld if the Commissioner of Taxes determines that the Party is not in good standing with respect to or in full compliance with a plan to pay any and all taxes due to the State of Vermont. D. Party also understands the State may set off taxes (and related penalties, interest and fees) due to the State of Vermont, but only if the Party has failed to make an appeal within the time allowed by law, or an appeal has been taken and finally determined and the Party has no further legal recourse to contest the amounts due. 17. Taxation of Purchases: All State purchases must be invoiced tax free. An exemption certificate will be furnished upon request with respect to otherwise taxable items. 18. Child Support: (Only applicable if the Party is a natural person, not a corporation or partnership.) Party states that, as of the date this Agreement is signed, he/she: A. is not under any obligation to pay child support; or B. is under such an obligation and is in good standing with respect to that obligation; or C. has agreed to a payment plan with the Vermont Office of Child Support Services and is in full compliance with that plan. Party makes this statement with regard to support owed to any and all children residing in Vermont. In addition, if the Party is a resident of Vermont, Party makes this statement with regard to support owed to any and all children residing in any other state or territory of the United States. 19. Sub-Agreements: Party shall not assign, subcontract or subgrant the performance of this Agreement or any portion thereof to any other Party without the prior written approval of the State. Party shall be responsible and liable to the State for all acts or omissions of subcontractors and any other person performing work under this Agreement pursuant to an agreement with Party or any subcontractor. In the case this Agreement is a contract with a total cost in excess of $250,000, the Party shall provide to the State a list of all proposed subcontractors and subcontractors’ subcontractors, together with the identity of those subcontractors’ workers compensation insurance providers, and additional required or requested information, as applicable, in accordance with Section 32 of The Vermont Recovery and Reinvestment Act of 2009 (Act No. 54). Party shall include the following provisions of this Attachment C in all subcontracts for work performed solely for the State of Vermont and subcontracts for work performed in the State of Vermont: Section 10 (“False Claims Act”); Section 11 (“Whistleblower Protections”); Section 12 (“Location of State Data”); Section 14 (“Fair Employment Practices and Americans with Disabilities Act”); Section 16 (“Taxes Due the State”); Section 18 (“Child Support”); Section 20 (“No Gifts or Gratuities”); Section 22 (“Certification Regarding Debarment”); Section 30 (“State Facilities”); and Section 32.A (“Certification Regarding Use of State Funds”). 20. No Gifts or Gratuities: Party shall not give title or possession of anything of substantial value (including property, currency, travel and/or education programs) to any officer or employee of the State during the term of this Agreement. Revised July 28, 2022 Page 41 of 71 21. Copies: Party shall use reasonable best efforts to ensure that all written reports prepared under this Agreement are printed using both sides of the paper. 22. Certification Regarding Debarment: Party certifies under pains and penalties of perjury that, as of the date that this Agreement is signed, neither Party nor Party’s principals (officers, directors, owners, or partners) are presently debarred, suspended, proposed for debarment, declared ineligible or excluded from participation in Federal programs, or programs supported in whole or in part by Federal funds. Party further certifies under pains and penalties of perjury that, as of the date that this Agreement is signed, Party is not presently debarred, suspended, nor named on the State’s debarment list at: http://bgs.vermont.gov/purchasing/debarment 23. Conflict of Interest: Party shall fully disclose, in writing, any conflicts of interest or potential conflicts of interest. 24. Confidentiality: Party acknowledges and agrees that this Agreement and any and all information obtained by the State from the Party in connection with this Agreement are subject to the State of Vermont Access to Public Records Act, 1 V.S.A. § 315 et seq. 25. Force Majeure: Neither the State nor the Party shall be liable to the other for any failure or delay of performance of any obligations under this Agreement to the extent such failure or delay shall have been wholly or principally caused by acts or events beyond its reasonable control rendering performance illegal or impossible (excluding strikes or lock-outs) (“Force Majeure”). Where Force Majeure is asserted, the nonperforming party must prove that it made all reasonable efforts to remove, eliminate or minimize such cause of delay or damages, diligently pursued performance of its obligations under this Agreement, substantially fulfilled all non-excused obligations, and timely notified the other party of the likelihood or actual occurrence of an event described in this paragraph. 26. Marketing: Party shall not refer to the State in any publicity materials, information pamphlets, press releases, research reports, advertising, sales promotions, trade shows, or marketing materials or similar communications to third parties except with the prior written consent of the State. 27. Termination: A. Non-Appropriation: If this Agreement extends into more than one fiscal year of the State (July 1 to June 30), and if appropriations are insufficient to support this Agreement, the State may cancel at the end of the fiscal year, or otherwise upon the expiration of existing appropriation authority. In the case that this Agreement is a Grant that is funded in whole or in part by Federal funds, and in the event Federal funds become unavailable or reduced, the State may suspend or cancel this Grant immediately, and the State shall have no obligation to pay Subrecipient from State revenues. B. Termination for Cause: Either party may terminate this Agreement if a party materially breaches its obligations under this Agreement, and such breach is not cured within thirty (30) days after delivery of the non-breaching party’s notice or such longer time as the non-breaching party may specify in the notice. C. Termination Assistance: Upon nearing the end of the final term or termination of this Agreement, without respect to cause, the Party shall take all reasonable and prudent measures to facilitate any transition required by the State. All State property, tangible and intangible, shall be returned to the State upon demand at no additional cost to the State in a format acceptable to the State. 28. Continuity of Performance: In the event of a dispute between the Party and the State, each party will continue to perform its obligations under this Agreement during the resolution of the dispute until this Agreement is terminated in accordance with its terms. 29. No Implied Waiver of Remedies: Either party’s delay or failure to exercise any right, power or remedy under this Agreement shall not impair any such right, power or remedy, or be construed as a waiver of any such right, power or remedy. All waivers must be in writing. 30. State Facilities: If the State makes space available to the Party in any State facility during the term of this Agreement for purposes of the Party’s performance under this Agreement, the Party shall only use the space in accordance with all policies and procedures governing access to and use of State facilities which shall be made available upon request. State facilities will be made available to Party on an “AS IS, WHERE IS” basis, with no warranties whatsoever. 31. Requirements Pertaining Only to Federal Grants and Subrecipient Agreements: If this Agreement is a grant that is funded in whole or in part by Federal funds: Revised July 28, 2022 Page 42 of 71 A. Requirement to Have a Single Audit: The Subrecipient will complete the Subrecipient Annual Report annually within 45 days after its fiscal year end, informing the State of Vermont whether or not a Single Audit is required for the prior fiscal year. If a Single Audit is required, the Subrecipient will submit a copy of the audit report to the granting Party within 9 months. If a single audit is not required, only the Subrecipient Annual Report is required. For fiscal years ending before December 25, 2015, a Single Audit is required if the subrecipient expends $500,000 or more in Federal assistance during its fiscal year and must be conducted in accordance with OMB Circular A-133. For fiscal years ending on or after December 25, 2015, a Single Audit is required if the subrecipient expends $750,000 or more in Federal assistance during its fiscal year and must be conducted in accordance with 2 CFR Chapter I, Chapter II, Part 200, Subpart F. The Subrecipient Annual Report is required to be submitted within 45 days, whether or not a Single Audit is required. B. Internal Controls: In accordance with 2 CFR Part II, §200.303, the Party must establish and maintain effective internal control over the Federal award to provide reasonable assurance that the Party is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the award. These internal controls should be in compliance with guidance in “Standards for Internal Control in the Federal Government” issued by the Comptroller General of the United States and the “Internal Control Integrated Framework”, issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). C. Mandatory Disclosures: In accordance with 2 CFR Part II, §200.113, Party must disclose, in a timely manner, in writing to the State, all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures may result in the imposition of sanctions which may include disallowance of costs incurred, withholding of payments, termination of the Agreement, suspension/debarment, etc. 32. Requirements Pertaining Only to State-Funded Grants: A. Certification Regarding Use of State Funds: If Party is an employer and this Agreement is a State- funded grant in excess of $1,001, Party certifies that none of these State funds will be used to interfere with or restrain the exercise of Party’s employee’s rights with respect to unionization. B. Good Standing Certification (Act 154 of 2016): If this Agreement is a State-funded grant, Party hereby represents: (i) that it has signed and provided to the State the form prescribed by the Secretary of Administration for purposes of certifying that it is in good standing (as provided in Section 13(a)(2) of Act 154) with the Agency of Natural Resources and the Agency of Agriculture, Food and Markets, or otherwise explaining the circumstances surrounding the inability to so certify, and (ii) that it will comply with the requirements stated therein. (End of Standard Provisions) Revised July 28, 2022 Page 43 of 71 STANDARD CONTRACT FOR TECHNOLOGY SERVICES 1. Parties. This is a contract for services between the State of Vermont, _____________ (hereinafter called “State”), and _____________, with a principal place of business in _____________, (hereinafter called “Contractor”). Contractor’s form of business organization is _____________. It is Contractor’s responsibility to contact the Vermont Department of Taxes to determine if, by law, Contractor is required to have a Vermont Department of Taxes Business Account Number. 2. Subject Matter. The subject matter of this contract is services generally on the subject of _____________. Detailed services to be provided by Contractor are described in Attachment A. 3. Maximum Amount. In consideration of the services to be performed by Contractor, the State agrees to pay Contractor, in accordance with the payment provisions specified in Attachment B, a sum not to exceed $________.00. 4. Contract Term. The period of Contractor’s performance shall begin on _____________, 20__ and end on _____________, 20__. 5. Prior Approvals. This Contract shall not be binding unless and until all requisite prior approvals have been obtained in accordance with current State law, bulletins, and interpretations. 5A. Sole Source Contract for Services. This Contract results from a “sole source” procurement under State of Vermont Administrative Bulletin 3.5 process and Contractor hereby certifies that it is and will remain in compliance with the campaign contribution restrictions under 17 V.S.A. § 2950. 6. Amendment. No changes, modifications, or amendments in the terms and conditions of this contract shall be effective unless reduced to writing, numbered and signed by the duly authorized representative of the State and Contractor. 7. Termination for Convenience. This contract may be terminated by the State at any time by giving written notice at least thirty (30) days in advance. In such event, Contractor shall be paid under the terms of this contract for all services provided to and accepted by the State prior to the effective date of termination. 8. Attachments. This contract consists of ___ pages including the following attachments which are incorporated herein: Attachment A – Statement of Work o Exhibit 1 – State Technical and Functional Requirements o Exhibit 2 – Preliminary Implementation Master Schedule o Exhibit 3 – State Third Party Software o Exhibit 4 – Contractor Software Attachment B – Payment Provisions Attachment C – “Standard State Provisions for Contracts and Grants” a preprinted form (revision date 12/15/2017) “State of Vermont – Federal Terms Supplement (non-construction)” Attachment D – Other Terms and Conditions for Information Technology Contracts Attachment __ – [OTHER DEPARTMENT ATTACHMENTS, AS APPLICABLE] Attachment __ – Contractor’s [License] Agreement Attachment __ – [Maintenance and Support/Service Level Terms] Revised July 28, 2022 Page 44 of 71 9. Order of Precedence. Any ambiguity, conflict or inconsistency between the documents comprising this contract shall be resolved according to the following order of precedence: 1) Standard Contract 2) Attachment D Other Terms and Conditions for Information Technology Contracts 3) Attachment C (Standard State Provisions for Contracts and Grants) 4) “State of Vermont – Federal Terms Supplement (non-construction)” 5) Attachment A with Exhibits 6) Attachment B 7) List other attachments as applicable WE THE UNDERSIGNED PARTIES AGREE TO BE BOUND BY THIS CONTRACT By the State of Vermont: By the Contractor: Date: Date: Signature: Signature: Name: Name: Title: Title: Revised July 28, 2022 Page 45 of 71 ATTACHMENT A SPECIFICATIONS OF WORK TO BE PERFORMED 1. PURPOSE This Contract sets forth the terms and conditions under which Contractor agrees to provide to the State with a [web-based,] Contractor-supported _______________________ (the “Solution”). The Solution shall ________________________________. The Contractor shall provide [development and design services, project and operations management, support and maintenance, consulting, training, engineering and application