Customer Relationship Management (CRM) Software

Page 0 of 46 Rev. 2021.05.29 OFFER The Purchasing Agency solicits offers for Services and/or goods described in this solicitation. All offers and responses received shall be treated as Offers to contract as defined in 9 NCAC 06A.0102(12). EXECUTION In compliance with this Request for Proposal, and subject to all the conditions herein, the undersigned offers and agrees to furnish any or all Services or goods upon which prices are offered, at the price(s) offered herein, within the time specified herein. Failure to execute/sign offer prior to submittal shall render offer invalid. Late offers are not acceptable. OFFEROR: STREET ADDRESS: P.O. BOX: ZIP: CITY, STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO PRINT NAME & TITLE OF PERSON SIGNING: FAX NUMBER: AUTHORIZED SIGNATURE: DATE: E-MAIL: Offer valid for ninety (90) days from date of offer opening unless otherwise stated here: ____ days ACCEPTANCE OF OFFER If any or all parts of this offer are accepted, an authorized

representative of College of The Albemarle Purchasing Error! Reference source not found. shall affix its signature hereto and any subsequent Request for Best and Final O ffer, if issued. Acceptance shall create a contract having an order of precedence as follows: Best and Final Offers, if any, Special terms and conditions specific to this RFP, Specifications of the RFP, the Department of Information Technology Terms and Conditions, and the agreed portion of the awarded Vendor’s Offer. A copy of this acceptance will be forwarded to the awarded Vendor(s). FOR COLLEGE OF THE ALBEMARLE PURCHASING AGENCY USE ONLY Offer accepted and contract awarded this date__________________, as indicated on attached certification, by ____________________________________(Authorized representative of Purchasing at the College of The Albemarle). STATE OF NORTH CAROLINA REQUEST FOR PROPOSAL NO. 91-07122021 College of The Albemarle Offers will be publicly opened: 12/22/2021 Issue Date: 12/06/2021 Refer ALL inquiries regarding this RFP to: William DeFeo Administrative Services Manager william_defeo@albemarle.edu Commodity Number: 432315 Business Function Specific Software Description: Customer Relationship Management (CRM) Software Purchasing Agency: College of The Albemarle Requisition No.: Page 1 of 46 Rev. 2021.05.29 Table of Contents 1.0 ANTICIPATED Procurement Schedule ....................................................................................................................... 2 2.0 Purpose of RFP ........................................................................................................................................................... 2 2.1 Introduction .............................................................................................................................................................. 2 2.2 Contract Term ......................................................................................................................................................... 2 2.3 Contract Type .......................................................................................................................................................... 3 2.4 Agency Background ................................................................................................................................................ 3 2.5 Problem Statement.................................................................................................................................................. 3 3.0 RFP requirements and Specifications ......................................................................................................................... 3 3.1 General requirements and Specifications ............................................................................................................... 3 3.2 Security Specifications ............................................................................................................................................ 4 3.3 Enterprise Specifications ......................................................................................................................................... 4 3.4 Business and Technical Specifications ................................................................................................................... 5 4.0 Cost of Vendor’s Offer ................................................................................................................................................. 7 4.1 Offer Costs .............................................................................................................................................................. 7 4.2 Payment Schedule .................................................................................................................................................. 8 5.0 Evaluation .................................................................................................................................................................... 8 5.1 Source Selection ..................................................................................................................................................... 8 5.2 Evaluation Criteria ................................................................................................................................................... 8 5.3 Best and Final Offers (BAFO) ................................................................................................................................. 9 6.0 Vendor Information and Instructions ........................................................................................................................... 9 6.1 General Conditions of Offer .................................................................................................................................... 9 6.2 General Instructions for Vendor ............................................................................................................................ 10 6.3 Instructions for Offer Submission .......................................................................................................................... 13 7.0 Other Requirements and Special Terms ................................................................................................................... 15 7.1 Vendor Utilization Of Workers Outside of U.S. ..................................................................................................... 15 7.2 Financial Statements ............................................................................................................................................. 15 7.3 Financial Resources Assessment, Quality Assurance, Performance and Reliability ......................................... 155 7.4 Vendor’s License or Support Agreements ............................................................................................................ 15 7.5 Resellers ............................................................................................................................................................... 16 7.6 Disclosure of Litigation ......................................................................................................................................... 16 7.7 Criminal Conviction ............................................................................................................................................... 16 7.8 Security and Background Checks ......................................................................................................................... 17 7.9 Assurances ............................................................................................................................................................ 17 7.10 Confidentiality of offers .......................................................................................................................................... 17 7.11 Project Management .............................................................................................................................................. 18 7.12 Meetings ................................................................................................................................................................ 18 7.13 Recycling and Source Reduction .......................................................................................................................... 18 7.14 Special Terms and Conditions ............................................................................................................................... 18 Attachment A: Definitions ...................................................................................................................................................... 19 Attachment B: Department of Information Technology Terms and Conditions .................................................................... 20 Attachment C: Description of Offeror ...................................................................................... Error! Bookmark not defined. Attachment D: Historically Underutilized Buisnessess.......................................................................................................... 40 Attachment E: Vendor Certification Form ............................................................................... Error! Bookmark not defined. Attachment F: Location of Workers Utilized by Vendor ...................................................................................................... 412 Attachment G: References .................................................................................................................................................. 423 Attachment H: Financial Review Form ............................................................................................................................... 434 Page 2 of 46 Rev. 2021.05.29 1.0 ANTICIPATED PROCUREMENT SCHEDULE The Agency Procurement Agent will make every effort to adhere to the following schedule: Action Responsibility Date RFP Issued COA 12/6/21 Written Questions Deadline Potential Vendors 12/13/21 Agency’s Response to Written Questions/ RFP Addendum Issued COA 12/15/21 Offer Submission Deadline Vendor(s) 12/22/21 Selection of Finalists Agency 1/7/21 Product Demonstrations by Finalists Selected Vendors 1/18-1/20/21 Contract Award COA 1/28/21 Protest Deadline Responding Vendors 15 days after award 2.0 PURPOSE OF RFP 2.1 INTRODUCTION College of The Albemarle (COA) is currently soliciting offers for a Customer Relationships Manager (CRM) Software as a Service (SaaS) solution to assist with and provide added value to our current marketing and recruitment efforts. This solution must be able to connect to COA’s current student database system (Colleague) to provide maximum support and value. This project is being overseen by the Vice President of Student Success and Enrollment Management, the Director of Admissions & Recruitment, and members of Advising, Marketing, Management Information Services, and Registrar staff. 2.2 CONTRACT TERM A contract awarded pursuant to this RFP shall have an effective date as provided in the Notice of Award. The term shall be for a one (1) year, and will expire upon the anniversary date of the effective date unless otherwise stated in the Notice of Award, or unless terminated earlier. The State retains the option to extend the Agreement for two (2) additional one (1) year periods at its sole discretion. Price will be negotiatied at the end of each contract year. 2.2.1 EFFECTIVE DATE This solicitation, including any Exhibits, or any resulting contract or amendment shall not become effective nor bind the State until the appropriate State purchasing authority/official or Agency official has signed the document(s), contract or amendment; the effective award date has been completed on the document(s), by the State purchasing official, and that date has arrived or passed. The State shall not be responsible for reimbursing the Vendor for goods provided nor Services rendered prior to the appropriate signatures and the arrival of the effective date of the Agreement. No contract shall be binding on the State until an encumbrance of funds has been made for payment of the sums due under the Agreement. Page 3 of 46 Rev. 2021.05.29 2.3 CONTRACT TYPE Definite Quantity Contract - This request is for a close-ended contract between the awarded Vendor and the State to furnish a pre-determined quantity of a good or service during a specified period of time. The State reserves the right to make partial, progressive or multiple awards: where it is advantageous to award separately by items; or where more than one supplier is needed to provide the contemplated specifications as to quantity, quality, delivery, service, geographical areas; and where other factors are deemed to be necessary or proper to the purchase in question. 2.4 AGENCY BACKGROUND COA was established in 1960, and is the oldest comprehensive community college in the North Carolina Community College System. The College serves seven counties (Camden, Chowan, Currituck, Dare, Gates, Pasquotank, and Perquimans). Major campuses are located in the northeastern portion of North Carolina in the cities of Edenton, Elizabeth City, Manteo, and Barco. 2.5 PROBLEM STATEMENT Currently, COA uses a number of manual processes to track and assess its marketing and recruitment efforts across the college. The current process relies on making manual updates to students’ statuses, and as a result, the information becomes quickly outdated and difficult to track. To help with assessment efforts and planning for future recruitment, COA is looking for a system that can connect to its current student database system (Colleague) to help track these initatives through an automated system. Additionally, COA is looking for a communication management system to help provide personalized information to prospective students. 3.0 RFP REQUIREMENTS AND SPECIFICATIONS 3.1 GENERAL REQUIREMENTS AND SPECIFICATIONS 3.1.1 REQUIREMENTS Means, as used herein, a function, feature, or performance that the system must provide. 3.1.2 SPECIFICATIONS Means, as used herein, a specification that documents the function and performance of a system or system component. The apparent silence of the specifications as to any detail, or the apparent omission of detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only processes, configurations, materials and workmanship of the first quality may be used. Upon any notice of noncompliance provided by the State, Vendor shall supply proof of compliance with the specifications. Vendor must provide written notice of its intent to deliver alternate or substitute Services, products, goods or other Deliverables. Alternate or substitute Services, products, goods or Deliverables may be accepted or rejected in the sole discretion of the State; and any such alternates or substitutes must be accompanied by Vendor’s certification and evidence satisfactory to the State that the function, characteristics, performance and endurance will be equal or superior to the original Deliverables specified. 3.1.3 SITE AND SYSTEM PREPARATION Vendors shall provide the Purchasing State Agency complete site requirement specifications for the Deliverables, if any. These specifications shall ensure that the Deliverables to be installed or implemented shall operate properly and efficiently within the site and system environment. Any alterations or modification in site preparation, which are directly attributable to incomplete or erroneous specifications provided by the Vendor and which would involve additional expenses to the State, shall be made at the expense of the Vendor. 3.1.4 EQUIVALENT ITEMS Page 4 of 46 Rev. 2021.05.29 Whenever a material, article or piece of equipment is identified in the specification(s) by reference to a manufacturer’s or Vendor’s name, trade name, catalog number or similar identifier, it is intended to establish a standard for determining substantial conformity during evaluation, unless otherwise specifically stated as a brand specific requirement (no substitute items will be allowed). Any material, article or piece of equipment of other manufacturers or Vendors shall perform to the standard of the item named. Equivalent offers must be accompanied by sufficient descriptive literature and/or specifications to provide for detailed comparison. 3.1.5 ENTERPRISE LICENSING In offering the best value to the State, Vendors are encouraged to leverage the State’s existing resources and license agreements, which can be viewed here: https://it.nc.gov/resources/statewide-it-procurement/statewide-it-contracts a) Identify components or products that are needed for your solution that may not be available with the State’s existing license agreement. b) Identify and explain any components that are missing from the State’s existing license agreement. c) If the Vendor can provide a more cost effective licensing agreement, Explain in detail the agreement and how it would benefit the State. 3.2 SECURITY SPECIFICATIONS 3.2.1 SOLUTIONS HOSTED ON STATE INFRASTRUCTURE RESERVE 3.2.2 SOLUTIONS NOT HOSTED ON STATE INFRASTRUCTURE The proposed CRS SaaS solution will be required to receive and securely manage data that is classified as High Risk (Restricted), which includes data that, if breached or disclosed to an unauthorized person, is a violation of state or federal law. Refer to the North Carolina Statewide Data Classification and Handling policy for more information regarding this data classification. The policy is located at the following website: https://it.nc.gov/document/statewide-data-classification-and-handling-policy. To comply with the State’s Security Standards and Policies, State agencies are required to perform annual security/risk assessments on their information systems using NIST 800-53 controls. This requirement additionally applies to all vendor provided, agency managed Infrastructure as a Service (IaaS), Platform as a Service (PaaS), and Software as a Service (SaaS) solutions. Assessment reports such as the Federal Risk and Authorization Management Program (FedRAMP) certification, SOC 2 Type 2, or ISO 27001 are required for any cloud service providing support for data classified as Restricted or Highly Restricted. A current assessment report will be required prior to contract award for the selected vendor. An IaaS vendor cannot provide a certification or assessment report for a SaaS provider UNLESS that is written in the agreement between the two vendors. 3.3 ENTERPRISE SPECIFICATIONS 3.3.1 ENTERPRISE STRATEGIES, SERVICES, AND STANDARDS Agencies and vendors should refer to the Vendor Resources Page for information on North Carolina Information Technology enterprise services, security policies and practices, architectural requirements, and enterprise contracts. The Vendor Resources Page can be found at the following link: https://it.nc.gov/vendor-engagement-resources. This site provides vendors with statewide information and links referenced throughout the RFP document. Agencies may request additional information. 3.3.2 ARCHITECTURE DIAGRAMS DEFINED The State utilizes architectural diagrams to better understand the design and technologies of a proposed solution. These diagrams, required at offer submission, can be found at the following link: https://it.nc.gov/architectural-artifacts. https://it.nc.gov/resources/statewide-it-procurement/statewide-it-contracts https://it.nc.gov/document/statewide-data-classification-and-handling-policy https://it.nc.gov/vendor-engagement-resources https://it.nc.gov/architectural-artifacts Page 5 of 46 Rev. 2021.05.29 There may be additional architectural diagrams requested of the vendor after contract award. This will be communicated to the vendor by the agency as needed during the project. 3.3.3 VIRTUALIZATION RESERVED 3.3.4 IDENTITY AND ACCESS MANAGEMENT (IAM) The proposed solution must externalize identity and access management. The protocols describing the State’s Identity and Access Management can be found at the following link: https://it.nc.gov/services/vendor-engagement-resources#identity-and-access-management. Describe how your solution supports the above protocols as well as making them available for application integration/consumption. 3.4 BUSINESS AND TECHNICAL REQUIREMENTS As defined in 3.1.1, a “requirement” is a function, feature, or performance that the system must provide. Vendor to describe in their offer how their solution meets the following requirements: 1. The Vendor’s solution must be able to connect to COA’s current student database system (Colleague). 2. The solution must be able to report if and when a student matriculates into the college through Colleague. 3. Tracks interactions with prospective students for curriculum, continuing education and Career and College Readiness programs. 4. Emails marketing capabilities through HTML emails and SMS messages 5. Can provide a reporting dashboard for admissions & recruitment analysis 6. Provide a means to track a student from prospect to applicant to enrolled to possibly graduation 7. Provides support throughout implementation 8. Audit trail reports that specify updated/changed information 3.5 BUSINESS AND TECHNICAL SPECIFICATIONS As defined above in 3.1.2, a “specification” means, as used herein, a specification that documents the function and performance of a system or system component. 1. Application Management – Vendor should describe in its offer how the proposed solution facilitates completion of the college application process. This includes: a) Secure management of application data b) Management of Admissions inquiries from prospective students c) Workflows d) Methods used to automatically communicate instructions, status and prompt action e) Functionality that enables staff to effectively process, accept, prioritize, evaluate, andcommunicate the status of the application. This includes: f) Task assignments, prioritization, and notifications g) Automatic workflows and approval routing 2. Communications – Vendor should describe in its offer the methods and tools available to facilitate seamless communication between staff and students. This includes: a) Standard communication methods used to prompt action or convey status to staff using the solution to manage internal process. (ex. Email, instant messages, etc.). In which situations do communications automatically occur? b) Standard communication methods used to prompt action or convey status to students (prospective and existing, eg. Text, email, etc.) In which situations do communications automatically occur? c) Notifications, reminders, action items, status, and relevant information to students and staff using multiple methods (e.g. email, text messages, etc.). https://it.nc.gov/services/vendor-engagement-resources#identity-and-access-management Page 6 of 46 Rev. 2021.05.29 d) Individual and mass communication methods, processes and restrictions. i) How the solution can send mass emails based on student interests and requests e) Campaign management functionality necessary to build, manage, and measure the effectiveness of campaigns to current and prospective students; including i) Methods for evaluating effectiveness of campaigns and communications tactics ii) Methods used to analyze responses to questions from marketing campaigns iii) Identification of prospective students iv) Automatic population of data for emails and social media v) Types of easy-to-use communication templates 3. Event Management – Vendor should describe in its offer how the proposed solution supports hosting and managing events. This includes: a) Types of events that can be managed b) Scheduling events c) Tracking attendance to events that prospective students attended and sending emails based on this information d) Functionality for managing digital events (ex. Webinar, zoom, blackboard collaborate) 4. Training and Support – Describe how support is provided for the proposed solution. This includes: a) Methods for end user, administrator, and IT support training (ex. Onsite, virtual, etc.) b) Describe typical system documentation provided at the end of implementation 5. Reports and Analytics – Describe the type of dashboards and reports available. This includes: a) Real-time and batch data/reports that be viewed or segmented in various ways (ex. By prospective class, staff assignments, by program of study, etc.) 6. Technology – a) Describe the proposed solutions ability to integrate with and utilize data from the following college systems: Ellucian Colleague (AWS Cloud), Moodle and Google (Gmail). b) Describe how the proposed solution handles date redundancy c) Describe additional add-on solutions that may be required to fully utilize the proposed solution d) Describe tools and procedures for load testing e) Describe the disaster recovery plan f) Describe how you handle disaster recovery during an incident? How do you handle backups? What is your backup frequency? g) Does the proposed solution have a ticket system so that COA can report issues? h) Who is the Cloud provider for the cloud based solution? i) Describe processes for ensuring that the solution is operating on the latest release. This includes frequency of releases and responsible parties for installing patches and updates j) Describe project management and consulting services available to support implementation. k) Provide a high-level overview of a conversion to a new ERP in the event the college changes l) ERPs after the purchase. 7. Capabilities, Features and Limitations – Vendor should describe how its proposed solution can meet the following: a) Available at least 99.9% of the time. b) Performance not decreased due to system load. c) Error conditions are handled without the system crashing or failing. d) Established test and production instances of the solution. e) Includes role-based privacy and security f) Have automated, bi-directional access to data (imports & exports) either directly through Ellucian Colleague in a UniData environment or through the use of public APIs, or through the use of CSV files. Page 7 of 46 Rev. 2021.05.29 g) Meets all accessibility standards: responsive design, mobile applications for iOS and Android, and 508 compliance. Additional compliance standards to include PCI, FERPA, HIPPA, ADA, SOC 2 Type 2, GDPR. h) Periodic backups of system data. i) Privacy, security, and disaster recovery processes in place and regularly maintained. j) College ownership of system data. 4.0 COST OF VENDOR’S OFFER 4.1 OFFER COSTS The Vendor must list, itemize, and describe any applicable offer costs which may include the following: (Note: Any travel expenses reimbursement will be at the out-of-state rates set forth in N.C.G.S. § 138-6 as amended from time to time, see Attachment B, Section 2, Paragraph 12 below). One Time Cost Component One-Time Fee and Year One (1) of Operation Notes Project Management $ Customization, Development or First Time Engineering fees required for implementation $ Project Deliverables and User Documentation (Specify details) $ Testing Costs $ Installation / Conversion / Migration / Implementation Costs Training for the users and staff (including time to train and training materials) $ Start Up and Staff Start Up Efforts $ Total One-Time Cost for Year: $ Cost component Recurring Costs Year 2 Year 3 Subscription Fees $ $ Licensing Fees (if applicable) $ $ Software Maintenance Fees (if separate from Subscription Fees) $ $ Enhancement Costs (if separate from Subscription Fees) $ $ Technical Support / Customer Service (if separate from Subscription Fees) $ $ Others (describe) Total Recurring Costs: $ $ Page 8 of 46 Rev. 2021.05.29 Grand Total Price for Entire Contract (One Time Costs Plus 3 Years of Operation): $ 4.2 PAYMENT SCHEDULE Vendor to supply their itemized Invoicing Schedule based on the content of their offer. All payments must be based on clear and distinct deliverables. Recurring Operations and Maintenance Costs (e.g. Subscription fees, enhancements, technical support, customer services, etc.) will be paid after the one-time project implementation is successfully completed and Go Live Readiness process is complete to approve Production roll out. 5.0 EVALUATION In accordance with N.C.G.S §143B-1350(h), all offers are subject to evaluation of the most advantageous offer to the State. Evaluation shall include best value, as the term is defined in N.C.G.S. 143-135.9(a)(1), compliance with information technology project management policies, compliance with information technology security standards and policies, substantial conformity with the specifications, and other conditions set forth in the solicitation. 5.1 SOURCE SELECTION A trade-off/ranking method of source selection will be utilized in this procurement to allow the State to award this RFP to the Vendor providing the Best Value, and recognizing that Best Value may result in award other than the lowest price or highest technically qualified offer. By using this method, the overall ranking may be adjusted up or down when considered with, or traded-off against other non-price factors. a) Evaluation Process Explanation. State Agency employees will review all offers. All offers will be initially classified as being responsive or non-responsive. If an offer is found non-responsive, it will not be considered further. All responsive offers will be evaluated based on stated evaluation criteria. Any references in an answer to another location in the RFP materials or Offer shall have specific page numbers and sections stated in the reference. b) To be eligible for consideration, Vendor’s offer must substantially conform to the intent of all specifications. Compliance with the intent of all specifications will be determined by the State. Offers that do not meet the full intent of all specifications listed in this RFP may be deemed deficient. Further, a serious deficiency in the offer to any one (1) factor may be grounds for rejection regardless of overall score. c) The evaluation committee may request clarifications, an interview with or presentation from any or all Vendors as allowed by 9 NCAC 06B.0307. However, the State may refuse to accept, in full or partially, the response to a clarification request given by any Vendor. Vendors are cautioned that the evaluators are not required to request clarifications; therefore, all offers should be complete and reflect the most favorable terms. Vendors should be prepared to send qualified personnel to Elizabeth City, North Carolina, to discuss technical and contractual aspects of the offer. d) Vendors are advised that the State is not obligated to ask for, or accept after the closing date for receipt of offer, data that is essential for a complete and thorough evaluation of the offer. 5.2 EVALUATION CRITERIA Evaluation shall include best value, as the term is defined in N.C.G.S. § 143-135.9(a)(1), compliance with information technology project management policies as defined by N.C.G.S. §143B-1340, compliance with information technology security standards and policies, substantial conformity with the specifications, and other conditions set forth in the solicitation. a) How well the Vendor’s offer conforms with the specifications and meets the requirements of this solicitation. b) How each Vendor’s offer compares to other Vendors’ offers Page 9 of 46 Rev. 2021.05.29 c) Total Cost of Ownership d) Security Standards and Policies e) Vendor Schedule / Timeline for completing work f) Strength of references provided in Attachment G relevant to specifications, g) Vendor Past Performance – This should include any past and or present performance at any agency or educational entity in the State of NC. (Vendors may be disqualified from any evaluation or award if the Vendor or any key personnel proposed, has previously failed to perform satisfactorily during the performance of any contract with the State, or violated rules or statutes applicable to public bidding in the State). 5.3 BEST AND FINAL OFFERS (BAFO) The State may establish a competitive range based upon evaluations of offers, and request BAFOs from the Vendor(s) within this range; e.g. “Finalist Vendor(s)”. If negotiations or subsequent offers are solicited, the Vendor(s) shall provide BAFO(s) in response. Failure to deliver a BAFO when requested shall disqualify the non-responsive Vendor from further consideration. The State will evaluate BAFO(s), oral presentations, and product demonstrations as part of the Vendors’ respective offers to determine the final rankings. 6.0 VENDOR INFORMATION AND INSTRUCTIONS 6.1 GENERAL CONDITIONS OF OFFER 6.1.1 VENDOR RESPONSIBILITY It shall be the Vendor’s responsibility to read this entire document, review all enclosures and attachments, and comply with all specifications, requirements and the State’s intent as specified herein. If a Vendor discovers an inconsistency, error or omission in this solicitation, the Vendor should request a clarification from the State’s contact person. The Vendor will be responsible for investigating and recommending the most effective and efficient solution. Consideration shall be given to the stability of the proposed configuration and the future direction of technology, confirming to the best of their ability that the recommended approach is not short lived. Several approaches may exist for hardware configurations, other products and any software. The Vendor must provide a justification for their proposed hardware, product and software solution(s) along with costs thereof. Vendors are encouraged to present explanations of benefits and merits of their proposed solutions together with any accompanying Services, maintenance, warranties, value added Services or other criteria identified herein. 6.1.2 RIGHTS RESERVED While the State has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the State of North Carolina, or the procuring Agency, to award a contract. Upon determining that any of the following would be in its best interests, the State may: a) waive any formality; b) amend the solicitation; c) cancel or terminate this RFP; d) reject any or all offers received in response to this RFP; e) waive any undesirable, inconsequential, or inconsistent provisions of this RFP; f) if the response to this solicitation demonstrate a lack of competition, negotiate directly with one or more Vendors; Page 10 of 46 Rev. 2021.05.29 g) not award, or if awarded, terminate any contract if the State determines adequate State funds are not available; or h) if all offers are found non-responsive, determine whether Waiver of Competition criteria may be satisfied, and if so, negotiate with one or more known sources of supply. 6.1.3 SOLICITATION AMENDMENTS OR REVISIONS Any and all amendments or revisions to this document shall be made by written addendum from the Agency Procurement Office. If either a unit price or extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded. 6.1.4 ORAL EXPLANATIONS The State will not be bound by oral explanations or instructions given at any time during the bidding process or after award. Vendor contact regarding this RFP with anyone other than the State’s contact person may be grounds for rejection of said Vendor’s offer. Agency contact regarding this RFP with any Vendor may be grounds for cancellation of this RFP. 6.1.5 E-PROCUREMENT This is an E-Procurement solicitation. See Attachment B, paragraph #38 of the attached North Carolina Department of Information Technology Terms and Conditions. The Terms and Conditions made part of this solicitation contain language necessary for the implementation of North Carolina’s statewide E-Procurement initiative. It is the Vendor’s responsibility to read these terms and conditions carefully and to consider them in preparing the offer. By signature, the Vendor acknowledges acceptance of all terms and conditions including those related to E-Procurement. a) General information on the E-Procurement service can be found at http://eprocurement.nc.gov/ b) Within two days after notification of award of a contract, the Vendor must register in NC E- Procurement @ Your Service at the following website: http://eprocurement.nc.gov/Vendor.html c) As of the RFP submittal date, the Vendor must be current on all E-Procurement fees. If the Vendor is not current on all E-Procurement fees, the State may disqualify the Vendor from participation in this RFP. 6.1.6 INTERACTIVE PURCHASING SYSTEM (IPS) The State has implemented links to the Interactive Purchasing System (IPS) that allow the public to retrieve offer award information electronically from our Internet website: https://www.ips.state.nc.us/ips/. Click on the IPS BIDS icon, click on Search for BID, enter the Agency prefix-offer number (91-07122021), and then search. This information may not be available for several weeks dependent upon the complexity of the acquisition and the length of time to complete the evaluation process. 6.1.7 PROTEST PROCEDURES Protests of awards exceeding $25,000 in value must be submitted to the issuing Agency at the address given on the first page of this document. Protests must be received in the purchasing agency’s office within fifteen (15) calendar days from the date of this RFP award and provide specific reasons and any supporting documentation for the protest. All protests are governed by Title 9, Department of Information Technology (formerly Office of Information Technology Services), Subchapter 06B Sections .1101 - .1121. 6.2 GENERAL INSTRUCTIONS FOR VENDOR 6.2.1 SITE VISIT OR PRE-OFFER CONFERENCE: RESERVED 6.2.2 QUESTIONS CONCERNING THE RFP http://eprocurement.nc.gov/ http://eprocurement.nc.gov/Vendor.html https://www.ips.state.nc.us/ips/ Page 11 of 46 Rev. 2021.05.29 All inquiries regarding the RFP specifications or requirements are to be addressed to the contact person listed on Page One of the RFP. Vendor contact regarding this RFP with anyone other than the individual listed on Page One of this RFP may be grounds for rejection of said Vendor’s offer. Written questions concerning this RFP will be received until 12/13/2021. They must be sent via e-mail to william_defeo@albemarle.edu. Please enter “Questions RFP 91-07122021” as the subject for the email. Questions should be submitted in the following format: REFERENCE VENDOR QUESTION RFP Section, Page Number 6.2.3 ADDENDUM TO RFP If a pre-offer conference is held or written questions are received prior to the submission date, an addendum comprising questions submitted and responses to such questions, or any additional terms deemed necessary by the State will be posted to the Interactive Purchasing System (IPS), https://www.ips.state.nc.us/ips/, and shall become an Addendum to this RFP. Vendors’ questions posed orally at any pre-offer conference must be reduced to writing by the Vendor and provided to the Purchasing Officer as directed by said Officer. Oral answers are not binding on the State. Critical updated information may be included in these Addenda. It is important that all Vendors bidding on this RFP periodically check the State website for any and all Addenda that may be issued prior to the offer opening date. 6.2.4 COSTS RELATED TO OFFER SUBMISSION Costs for developing and delivering responses to this RFP and any subsequent presentations of the offer as requested by the State are entirely the responsibility of the Vendor. The State is not liable for any expense incurred by the Vendors in the preparation and presentation of their offers. All materials submitted in response to this RFP become the property of the State and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the State and the Vendor resulting from this RFP process. 6.2.5 VENDOR ERRATA AND EXCEPTIONS Any errata or exceptions to the State’s requirements and specifications may be presented on a separate page labeled “Exceptions to Requirements and Specifications”. Include references to the corresponding requirements and specifications of the Solicitation. Any deviations shall be explained in detail. The Vendor shall not construe this paragraph as inviting deviation or implying that any deviation will be acceptable. Offers of alternative or non-equivalent goods or services may be rejected if not found substantially conforming; and if offered, must be supported by independent documentary verification that the offer substantially conforms to the specified goods or services specification. If a vendor materially deviates from RFP requirements or specifications, its offer may be determined to be non-responsive by the State. Offers conditioned upon acceptance of Vendor Errata or Exceptions may be determined to be non- responsive by the State. 6.2.6 ALTERNATE OFFERS The Vendor may submit alternate offers for various levels of service(s) or products meeting specifications. Alternate offers must specifically identify the RFP specifications and advantage(s) addressed by the alternate offer. Any alternate offers must be clearly marked with the legend as shown herein. Each offer must be for a specific set of Services or products and offer at specific pricing. If a Vendor chooses to respond with various service or product offerings, each must be an offer with a different price and a separate RFP offer. Vendors may also provide multiple offers for software or systems coupled with support and maintenance options, provided, however, all offers must satisfy the specifications. https://www.ips.state.nc.us/ips/ Page 12 of 46 Rev. 2021.05.29 Alternate offers must be submitted in a separate document and clearly marked “Alternate Offer for ‘name of Vendor’” and numbered sequentially with the first offer if separate offers are submitted. 6.2.7 MODIFICATIONS TO OFFER An offer may not be unilaterally modified by the Vendor. 6.2.8 BASIS FOR REJECTION Pursuant to 9 NCAC 06B.0401, the State reserves the right to reject any and all offers, in whole or in part; by deeming the offer unsatisfactory as to quality or quantity, delivery, price or service offered; non- compliance with the specifications or intent of this solicitation; lack of competitiveness; error(s) in specifications or indications that revision would be advantageous to the State; cancellation or other changes in the intended project, or other determination that the proposed specification is no longer needed; limitation or lack of available funds; circumstances that prevent determination of the best offer; or any other determination that rejection would be in the best interest of the State. 6.2.9 NON-RESPONSIVE OFFERS Vendor offers will be deemed non-responsive by the State and will be rejected without further consideration or evaluation if statements such as the following are included: • “This offer does not constitute a binding offer”, • “This offer will be valid only if this offer is selected as a finalist or in the competitive range”, • “The Vendor does not commit or bind itself to any terms and conditions by this submission”, • “This document and all associated documents are non-binding and shall be used for discussion purposes only”, • “This offer will not be binding on either party until incorporated in a definitive agreement signed by authorized representatives of both parties”, or • A statement of similar intent 6.2.10 VENDOR REGISTRATION WITH THE SECRETARY OF STATE Vendors do not have to be registered with the NC Secretary of State to submit an offer; however, in order to receive an award/contract with the State, they must be registered. Registration can be completed at the following website: https://www.sosnc.gov/Guides/launching_a_business 6.2.11 VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM The NC electronic Vendor Portal (eVP) allows Vendors to electronically register with the State to receive electronic notification of current procurement opportunities for goods and Services available on the Interactive Purchasing System at the following website: https://www.ips.state.nc.us/ips/. This RFP is available electronically on the Interactive Purchasing System at https://www.ips.state.nc.us/ips/. 6.2.12 VENDOR POINTS OF CONTACT CONTACTS AFTER CONTRACT AWARD: Below are the points of contact to be used after award of the contract. VENDOR CONTRACTUAL POINT OF CONTACT VENDOR TECHNICAL POINT OF CONTACT [NAME OF VENDOR] [STREET ADDRESS] [CITY, STATE, ZIP] Attn: Assigned Contract Manager [NAME OF VENDOR] [STREET ADDRESS] [CITY, STATE, ZIP] Attn: Assigned Technical Lead https://www.sosnc.gov/Guides/launching_a_business https://www.ips.state.nc.us/ips https://www.ips.state.nc.us/ips/ Page 13 of 46 Rev. 2021.05.29 6.3 INSTRUCTIONS FOR OFFER SUBMISSION 6.3.1 GENERAL INSTRUCTIONS FOR OFFER Vendors are strongly encouraged to adhere to the following general instructions in order to bring clarity and order to the offer and subsequent evaluation process: a) Organize the offer in the exact order in which the specifications are presented in the RFP. The Execution page of this RFP must be placed at the front of the Proposal. Each page should be numbered. The offer should contain a table of contents, which cross-references the RFP specification and the specific page of the response in the Vendor's offer. b) Provide complete and comprehensive responses with a corresponding emphasis on being concise and clear. Elaborate offers in the form of brochures or other presentations beyond that necessary to present a complete and effective offer are not desired. c) Clearly state your understanding of the problem(s) presented by this RFP including your proposed solution’s ability to meet the specifications, including capabilities, features, and limitations, as described herein, and provide a cost offer. d) Supply all relevant and material information relating to the Vendor’s organization, personnel, and experience that substantiates its qualifications and capabilities to perform the Services and/or provide the goods described in this RFP. If relevant and material information is not provided, the offer may be rejected from consideration and evaluation. e) Furnish all information requested; and if response spaces are provided in this document, the Vendor shall furnish said information in the spaces provided. Further, if required elsewhere in this RFP, each Vendor must submit with its offer sketches, descriptive literature and/or complete specifications covering the products offered. References to literature submitted with a previous offer will not satisfy this provision. Proposals that do not comply with these instructions may be rejected. f) Any offer that does not adhere to these instructions may be deemed non-responsive and rejected on that basis. g) Only information that is received in response to this RFP will be evaluated. Reference to information previously submitted or Internet Website Addresses (URLs) will not suffice as a response to this solicitation. 6.3.2 OFFER ORGANIZATION Within each section of its offer, Vendor should address the items in the order in which they appear in this RFP. Forms, or attachments or exhibits, if any provided in the RFP, must be completed and included in the appropriate section of the offer. All discussion of offered costs, rates, or expenses must be presented in Section 4.0. Cost of Vendor’s Offer. The offer should be organized and indexed in the following format and should contain, at a minimum, all listed items below. a) Signed Execution Page b) Table of Contents c) Vendor Response to Specifications and Requirements d) Architecture Diagrams e) Cost of Vendor’s Offer (Only Use the Table in Section 4.0) f) Schedule of Offered Solution g) Signed Vendor Certification Form (Attachment E) h) Location of Workers Utilized by Vendor Form (Attachment F) Page 14 of 46 Rev. 2021.05.29 i) References (Attachment G) j) Financial Statements (Attachment H) k) Errata and Exceptions, if any l) Vendor's License and Maintenance Agreements, if any m) Supporting material such as technical system documentation, training examples, etc. n) Vendor may attach other supporting materials that it feels may improve the quality of its response. These materials should be included as items in a separate appendix. o) Description of Offeror Form (Attachment C) p) All pages of this solicitation document (including ALL Attachments) 6.3.3 OFFER SUBMITTAL IMPORTANT NOTE: Vendor shall bear the risk for late submission due to unintended or unanticipated delay—whether submitted electronically, delivered by hand, U.S. Postal Service, courier or other delivery service. Vendor must include all the pages of this solicitation in their response. It is the Vendor’s sole responsibility to ensure its offer has been delivered to this Office by the specified time and date of opening. Any proposal delivered after the proposal deadline will be rejected. Offer Submission Details: Mailing address for delivery of offer via US Postal Service Office Address of delivery by any other method (special delivery, overnight, or any other carrier). RFP NUMBER: 91-07122021 College of The Albemarle 1208 North Road Street Attn: William DeFeo Elizabeth City, NC 27909 RFP NUMBER: 91-07122021 College of The Albemarle 1208 North Road Street Attn: William DeFeo Elizabeth City, NC 27909 Sealed offers, subject to the conditions made a part hereof, will be received at 12/22/21 until 2:00pm Eastern Time on the day of opening and then opened, for furnishing and delivering the commodity as described herein. Offers must be submitted in a sealed package with the Execution page signed and dated by an official authorized to bind the Vendor’s firm. Failure to return a signed offer shall result in disqualification. For offers submitted via U.S. mail, please note that the U.S. Postal Service generally does not deliver mail to a specified street address but to the State’s Mail Service Center. Vendors are cautioned that proposals sent via U.S. Mail, including Express Mail, may not be delivered by the Mail Service Center to the agency’s purchasing office on the due date in time to meet the proposal deadline. All Vendors are urged to take the possibility of delay into account when submitting a proposal by U.S. Postal Service, courier, or other delivery service. Attempts to submit a proposal via facsimile (FAX) machine, telephone or email in response to this RFP shall NOT be accepted. a) Submit one (1) signed, original executed offer to the address identified in the table above. b) Submit your proposal in a sealed package. Clearly mark each package with Vendor name and the RFP number. Address the package(s) for delivery as shown in the table above. If Vendor is submitting more than one (1) proposal, each proposal shall be submitted in separate sealed envelopes and marked accordingly. For delivery purposes, separate sealed envelopes from a single Page 15 of 46 Rev. 2021.05.29 Vendor may be included in the same outer package. Proposals are subject to rejection unless submitted with the information above included on the outside of the sealed proposal package. c) Copies of proposal files must be provided on separate read-only flash drives. File contents SHALL NOT be password protected the file formats shall be in .DOC, .PDF or .XLS format, and shall be capable of being copied to other sources. d) If the Vendor’s proposal contains any confidential information (as defined in Attachment B, Paragraph #18), then the Vendor must provide one (1) signed, original offer and one (1) redacted copy on the USB flash drive. 7.0 OTHER REQUIREMENTS AND SPECIAL TERMS 7.1 VENDOR UTILIZATION OF WORKERS OUTSIDE OF U.S. In accordance with N.C.G.S. §143B-1361(b), the Vendor must detail the manner in which it intends to utilize resources or workers in the RFP response. The State of North Carolina will evaluate the additional risks, costs, and other factors associated with such utilization prior to making an award for any such Vendor’s offer. Complete ATTACHMENT F - Location of Workers Utilized by Vendor and submit with your offer. 7.2 FINANCIAL STATEMENTS The Vendor shall provide evidence of financial stability by returning with its offer 1) completed Financial Review Form (Attachment H), and 2) copies of Financial Statements as further described hereinbelow. As used herein, Financial Statements shall exclude tax returns and compiled statements. a) For a publicly traded company, Financial Statements for the past three (3) fiscal years, including at a minimum, income statements, balance sheets, and statement of changes in financial position or cash flows. If three (3) years of financial statements are not available, this information shall be provided to the fullest extent possible, but not less than one year. If less than 3 years, the Vendor must explain the reason why they are not available. b) For a privately held company, when certified audited financial statements are not prepared: a written statement from the company’s certified public accountant stating the financial condition, debt-to-asset ratio for the past three (3) years and any pending actions that may affect the company’s financial condition. c) The State may, in its sole discretion, accept evidence of financial stability other than Financial Statements for the purpose of evaluating Vendors’ responses to this RFP. The State reserves the right to determine whether the substitute information meets the requirements for Financial Information sufficiently to allow the State to evaluate the sufficiency of financial resources and the ability of the business to sustain performance of this RFP award. Scope Statements issued may require the submission of Financial Statements and specify the number of years to be provided, the information to be provided, and the most recent date required. 7.3 FINANCIAL RESOURCES ASSESSMENT, QUALITY ASSURANCE, PERFORMANCE AND RELIABILITY a) Contract Performance Security. The State reserves the right to require performance guaranties pursuant to N.C.G.S. §143B-1340(f) and 09 NCAC 06B.1207 from the Vendor without expense to the State. b) Project Assurance, Performance and Reliability Evaluation – Pursuant to N.C.G.S. §143B-1340, the State CIO may require quality assurance reviews of Projects as necessary. 7.4 VENDOR’S LICENSE OR SUPPORT AGREEMENTS Vendor should present its license or support agreements for review and evaluation. Terms offered for licensing and support of Vendors’ proprietary assets will be considered. The terms and conditions of the Vendor’s standard services, license, maintenance or other agreement(s) applicable to Services, Software and other Products acquired under this RFP may apply to the extent such Page 16 of 46 Rev. 2021.05.29 terms and conditions do not materially change the terms and conditions of this RFP. In the event of any conflict between the terms and conditions of this RFP and the Vendor’s standard agreement(s), the terms and conditions of this RFP relating to audit and records, jurisdiction, choice of law, the State’s electronic procurement application of law or administrative rules, the remedy for intellectual property infringement and the exclusive remedies and limitation of liability in the DIT Terms and Conditions herein shall apply in all cases and supersede any provisions contained in the Vendor’s relevant standard agreement or any other agreement. The State shall not be obligated under any standard license and/or maintenance or other Vendor agreement(s) to indemnify or hold harmless the Vendor, its licensors, successors or assigns, nor arbitrate any dispute, nor pay late fees, penalties, legal fees or other similar costs. 7.5 RESELLERS If the Offer is made by a Reseller that purchased the offered items for resale or license to the Agency, or offered based upon an agreement between the Offeror and a third party, and that the proprietary and intellectual property rights associated with the items are owned by parties other than the Reseller (“Third Parties”). The Agency further acknowledges that except for the payment to the Reseller for the Third Party items, all of its rights and obligations with respect thereto flow from and to the Third Parties. The Reseller shall provide the Agency with copies of all documentation and warranties for the Third Party items which are provided to the Reseller. The Reseller shall assign all applicable third party warranties for Deliverables to the Agency. The State reserves all rights to utilize existing agreements with such Third Parties or to negotiate agreements with such Third Parties as the State deems necessary or proper to achieve the intent of this RFP. 7.6 DISCLOSURE OF LITIGATION The Vendor’s failure to fully and timely comply with the terms of this section, including providing reasonable assurances satisfactory to the State, may constitute a material breach of the Agreement. a) The Vendor shall notify the State in its offer, if it, or any of its subcontractors, or their officers, directors, or key personnel who may provide Services under any contract awarded pursuant to this solicitation, have ever been convicted of a felony, or any crime involving moral turpitude, including, but not limited to fraud, misappropriation or deception. The Vendor shall promptly notify the State of any criminal litigation, investigations or proceeding involving the Vendor or any subcontractor, or any of the foregoing entities’ then current officers or directors during the term of the Agreement or any Scope Statement awarded to the Vendor. b) The Vendor shall notify the State in its offer, and promptly thereafter as otherwise applicable, of any civil litigation, arbitration, proceeding, or judgments against it or its subcontractors during the three (3) years preceding its offer, or which may occur during the term of any awarded to the Vendor pursuant to this solicitation, that involve (1) Services or related goods similar to those provided pursuant to any contract and that involve a claim that may affect the viability or financial stability of the Vendor, or (2) a claim or written allegation of fraud by the Vendor or any subcontractor hereunder, arising out of their business activities, or (3) a claim or written allegation that the Vendor or any subcontractor hereunder violated any federal, state or local statute, regulation or ordinance. Multiple lawsuits and or judgments against the Vendor or subcontractor shall be disclosed to the State to the extent they affect the financial solvency and integrity of the Vendor or subcontractor. c) All notices under subsection A and B herein shall be provided in writing to the State within thirty (30) calendar days after the Vendor learns about any such criminal or civil matters; unless such matters are governed by the DIT Terms and Conditions annexed to the solicitation. Details of settlements which are prevented from disclosure by the terms of the settlement shall be annotated as such. Vendor may rely on good faith certifications of its subcontractors addressing the foregoing, which certifications shall be available for inspection at the option of the State. 7.7 CRIMINAL CONVICTION In the event the Vendor, an officer of the Vendor, or an owner of a 25% or greater share of the Vendor, is convicted of a criminal offense incident to the application for or performance of a State, public or private Contract or subcontract; or convicted of a criminal offense including but not limited to any of the following: Page 17 of 46 Rev. 2021.05.29 embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct standards for State of North Carolina employees; convicted under State or federal antitrust statutes; or convicted of any other criminal offense which in the sole discretion of the State, reflects upon the Vendor’s business integrity and such vendor shall be prohibited from entering into a contract for goods or Services with any department, institution or agency of the State. 7.8 SECURITY AND BACKGROUND CHECKS The Agency reserves the right to conduct a security background check or otherwise approve any employee or agent provided by the Vendor, and to refuse access to or require replacement of any such personnel for cause, including, but not limited to, technical or training qualifications, quality of work or change in security status or non-compliance with the Agency’s security or other similar requirements. All State and Vendor personnel that have access to data restricted by the State Security Manual and Policies must have a security background check performed. The Vendors are responsible for performing all background checks of their workforce and subcontractors. The State reserves the right to check for non- compliance. 7.9 ASSURANCES In the event that criminal or civil investigation, litigation, arbitration or other proceedings disclosed to the State pursuant to this Section, or of which the State otherwise becomes aware, during the term of the Agreement, causes the State to be reasonably concerned about: a) The ability of the Vendor or its subcontractor to continue to perform the Agreement in accordance with its terms and conditions, or b) Whether the Vendor or its subcontractor in performing Services is engaged in conduct which is similar in nature to conduct alleged in such investigation, litigation, arbitration or other proceedings, which conduct would constitute a breach of the Agreement or violation of law, regulation or public policy, then the Vendor shall be required to provide the State all reasonable assurances requested by the State to demonstrate that: the Vendor or its subcontractors hereunder will be able to continue to perform the Agreement in accordance with its terms and conditions, and the Vendor or its subcontractors will not engage in conduct in performing Services under the Agreement which is similar in nature to the conduct alleged in any such litigation, arbitration or other proceedings. 7.10 CONFIDENTIALITY OF OFFERS All offers and any other RFP responses shall be made public as required by the NC Public Records Act and GS 143B-1350. Vendors may mark portions of offers as confidential or proprietary, after determining that such information is excepted from the NC Public Records Act, provided that such marking is clear and unambiguous and preferably at the top and bottom of each page containing confidential information. Standard restrictive legends appearing on every page of an offer are not sufficient and shall not be binding upon the State. Certain State information is not public under the NC Public Records Act and other laws. Any such information which the State designates as confidential and makes available to the Vendor in order to respond to the RFP or carry out the Agreement, or which becomes available to the Vendor in carrying out the Agreement, shall be protected by the Vendor from unauthorized use and disclosure. The Vendor shall not be required under the provisions of this section to keep confidential, (1) information generally available to the public, (2) information released by the State generally, or to the Vendor without restriction, (3) information independently developed or acquired by the Vendor or its personnel without reliance in any way on otherwise protected information of the State. Notwithstanding the foregoing restrictions, the Vendor and its personnel may use and disclose any information which it is otherwise required by law to disclose, but in each case only after the State has been so notified, and has had the opportunity, if possible, to obtain reasonable protection for such information in connection with such disclosure. Page 18 of 46 Rev. 2021.05.29 7.11 PROJECT MANAGEMENT All project management and coordination on behalf of the Agency shall be through a single point of contact designated as the Agency Project Manager. The Vendor shall designate a Vendor Project Manager who will provide a single point of contact for management and coordination of the Vendor’s work. All work performed pursuant to the Agreement shall be coordinated between the Agency Project Manager and the Vendor Project Manager. 7.12 MEETINGS The Vendor is required to meet with Agency personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the Agreement. Meetings will occur as problems arise and will be coordinated by Agency. The Vendor will be given reasonable and sufficient notice of meeting dates, times, and locations. Face to face meetings are desired. However, at the Vendor’s option and expense, a conference call meeting may be substituted. 7.13 RECYCLING AND SOURCE REDUCTION - RESERVED 7.14 SPECIAL TERMS AND CONDITIONS Paragraph #9 in Section 1 of the DIT Terms and Conditions is supplemented as follows: The Agency reserves the right to perform post-delivery and post-training acceptance testing for a period beginning at installation and lasting four weeks. The Agency also reserves the right to have an independent Vendor conduct testing pertaining to the functions, auditability, and related matters. At any time before the end of the test and assurance period the Agency may require any or all of the following: i) Have the Vendor modify the installed software to eliminate the deficiency to the Agency’s satisfaction. ii) Have the Vendor re-install a new copy of the software product(s). iii) Extend the acceptance testing period for a period of 14 days to allow time for Vendor to remedy the problems. iv) Remove the application software, cancel this Agreement, and recover payments extended from Agency funds. Paragraph #16 in Section 1 of the DIT Terms and Conditions is supplemented as follows: the Vendor shall provide a Certificate of Insurance naming COA as an additional insured, with the certificate complying with all required coverages and delivered to COA not later than ten (10) days following the date of the Notice of Award issued pursuant to this RFP. The Vendor must notify COA immediately of any material change in insurance coverage, including, but not limited to changes in limits, coverage, or status of the policy. Page 19 of 46 Rev. 2021.05.29 ATTACHMENT A: DEFINITIONS 1) 24x7: A statement of availability of systems, communications, and/or supporting resources every hour (24) of each day (7 days weekly) throughout every year for periods specified herein. Where reasonable downtime is accepted, it will be stated herein. Otherwise, 24x7 implies NO loss of availability of systems, communications, and/or supporting resources. 2) Cybersecurity Incident (GS 143B-1320): An occurrence that: a. Actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information or an information system; or b. Constitutes a violation or imminent threat of violation of law, security policies, privacy policies, security procedures, or acceptable use policies. 3) Deliverables: Deliverables, as used herein, shall comprise all Hardware, Vendor Services, professional Services, Software and provided modifications to any Software, and incidental materials, including any goods, Software or Services access license, data, reports and documentation provided or created during the performance or provision of Services hereunder. Deliverables include “Work Product” and means any expression of Licensor’s findings, analyses, conclusions, opinions, recommendations, ideas, techniques, know-how, designs, programs, enhancements, and other technical information; but not source and object code or software. 4) Goods: Includes intangibles such as computer software; provided, however that this definition does not modify the definition of “goods” in the context of N.C.G.S. §25-2-105 (UCC definition of goods). 5) NCDIT or DIT: The NC Department of Information Technology. 6) Open Market Contract: A contract for the purchase of goods or Services not covered by a term, technical, or convenience contract. 7) Reasonable, Necessary or Proper: as used herein shall be interpreted solely by the State of North Carolina. 8) Request for Proposal (RFP): The RFP is a formal, written solicitation document typically used for seeking competition and obtaining offers for more complex services or a combination of goods and services. The RFP is used when the value is over $10,000. This document contains specifications of the RFP, instructions to bidders and the standard IT Terms and Conditions for Goods and Related Services. User should add Supplemental Terms and Conditions for Software and Services, when applicable. 9) Security Breach: As defined in N.C.G.S. §75-61. 10) Significant Security Incident (GS 143B-1320): A cybersecurity incident that is likely to result in demonstrable harm to the State's security interests, economy, critical infrastructure, or to the public confidence, civil liberties, or public health and safety of the residents of North Carolina. A significant cybersecurity incident is determined by the following factors: a. Incidents that meet thresholds identified by the Department jointly with the Department of Public Safety that involve information: i. That is not releasable to the public and that is restricted or highly restricted according to Statewide Data Classification and Handling Policy; or ii. That involves the exfiltration, modification, deletion, or unauthorized access, or lack of availability to information or systems within certain parameters to include (i) a specific threshold of number of records or users affected as defined in G.S. 75-65 or (ii) any additional data types with required security controls. b. Incidents that involve information that is not recoverable or cannot be recovered within defined time lines required to meet operational commitments defined jointly by the State agency and the Department or can be recovered only through additional measures and has a high or medium functional impact to the mission of an agency. 11) Vendor: Company, firm, corporation, partnership, individual, etc., submitting an offer in response to a solicitation. Page 20 of 46 Rev. 2021.05.29 ATTACHMENT B: DEPARTMENT OF INFORMATION TECHNOLOGY TERMS AND CONDITIONS Section 1: General Terms and Conditions Applicable to All Purchases 1) DEFINITIONS: As used herein; Agreement means the contract awarded pursuant to this RFP. Deliverable/Product Warranties shall mean and include the warranties provided for products or deliverables licensed to the State in Section 2, Paragraph 2 of these Terms and Conditions unless superseded by a Vendor’s Warranties pursuant to Vendor’s License or Support Agreements. Purchasing State Agency or Agency shall mean the Agency purchasing the goods or Services. Services shall mean the duties and obligations undertaken by the Vendor under, and to fulfill, the specifications, requirements, terms and conditions of the Agreement. State shall mean the State of North Carolina, the Department of Information Technology (DIT), and the Purchasing State Agency or DIT in its capacity as the Award Authority, as appropriate. 2) STANDARDS: Any Deliverables shall meet all applicable State and federal requirements, such as State or Federal Regulation, and NC State Chief Information Officer’s (CIO) policy or regulation. Vendor will provide and maintain a quality assurance system or program that includes any Deliverables and will tender or provide to the State only those Deliverables that have been inspected and found to conform to the RFP specifications. All Deliverables are subject to operation, certification, testing and inspection, and any accessibility specifications. 3) WARRANTIES: Unless otherwise expressly provided, any goods Deliverables provided by the Vendor shall be warranted for a period of 90 days after acceptance. 4) SUBCONTRACTING: The Vendor may subcontract the performance of required Services with Resources under the Agreement only with the prior written consent of the State contracting authority. Vendor shall provide the State with complete copies of any agreements made by and between Vendor and all subcontractors. The selected Vendor remains solely responsible for the performance of its subcontractors. Subcontractors, if any, shall adhere to the same standards required of the selected Vendor and the Agreement. Any contracts made by the Vendor with a subcontractor shall include an affirmative statement that the State is an intended third party beneficiary of the Agreement; that the subcontractor has no agreement with the State; and that the State shall be indemnified by the Vendor for any claim presented by the subcontractor. Notwithstanding any other term herein, Vendor shall timely exercise its contractual remedies against any non-performing subcontractor and, when appropriate, substitute another subcontractor. 5) TRAVEL EXPENSES: RESERVED 6) GOVERNMENTAL RESTRICTIONS: In the event any restrictions are imposed by governmental requirements that necessitate alteration of the material, quality, workmanship, or performance of the Deliverables offered prior to delivery thereof, the Vendor shall provide written notification of the necessary alteration(s) to the Agency Contract Administrator. The State reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Agreement. The State may advise Vendor of any restrictions or changes in specifications required by North Carolina legislation, rule or regulatory authority that require compliance by the State. In such event, Vendor shall use its best efforts to comply with the required restrictions or changes. If compliance cannot be achieved by the date specified by the State, the State may terminate the Agreement and compensate Vendor for sums then due under the Agreement. 7) PROHIBITION AGAINST CONTINGENT FEES AND GRATUITIES: RESERVED 8) AVAILABILITY OF FUNDS: RESERVED. 9) ACCEPTANCE PROCESS: RESERVED 10) PAYMENT TERMS: RESERVED 11) EQUAL EMPLOYMENT OPPORTUNITY: Vendor shall comply with all Federal and State requirements concerning fair employment and employment of the disabled, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or physical disability. Page 21 of 46 Rev. 2021.05.29 12) ADVERTISING/PRESS RELEASE: The Vendor absolutely shall not publicly disseminate any information concerning the Agreement without prior written approval from the State or its Agent. For the purpose of this provision of the Agreement, the Agent is the Purchasing Agency Contract Administrator unless otherwise named in the solicitation documents. 13) LATE DELIVERY: Vendor shall advise the Agency contact person or office immediately upon determining that any Deliverable will not, or may not, be delivered or performed at the time or place specified. Together with such notice, Vendor shall state the projected delivery time and date. In the event the delay projected by Vendor is unsatisfactory, the Agency shall so advise Vendor and may proceed to procure the particular substitute Services or other Deliverables. 14) ACCESS TO PERSONS AND RECORDS: RESERVED 15) ASSIGNMENT: RESERVED 16) INSURANCE COVERAGE: During the term of the Agreement, the Vendor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Agreement. As a minimum, the Vendor shall provide and maintain the following coverage and limits: a) Worker’s Compensation - The Vendor shall provide and maintain Worker’s Compensation Insurance, as required by the laws of North Carolina, as well as employer’s liability coverage with minimum limits of $100,000.00, covering all of Vendor’s employees who are engaged in any work under the Agreement. If any work is sublet, the Vendor shall require the subcontractor to provide the same coverage for any of his employees engaged in any work under the Agreement; and b) Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $2,000,000.00 Combined Single Limit (Defense cost shall be in excess of the limit of liability); and c) Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles, used in connection with the Agreement. The minimum combined single limit shall be $500,000.00 bodily injury and property damage; $500,000.00 uninsured/under insured motorist; and $5,000.00 medical payment; and d) Providing and maintaining adequate insurance coverage described herein is a material obligation of the Vendor and is of the essence of the Agreement. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Vendor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or the Agreement. The limits of coverage under each insurance policy maintained by the Vendor shall not be interpreted as limiting the Vendor’s liability and obligations under the Agreement. 17) DISPUTE RESOLUTION: RESERVED. 18) CONFIDENTIALITY: In accordance with N.C.G.S. §143B-1350(e) and 143B-1375, and 09 NCAC 06B.0103 and 06B.1001, the State may maintain the confidentiality of certain types of information described in N.C.G.S. §132-1 et seq. Such information may include trade secrets defined by N.C.G.S. §66-152 and other information exempted from the Public Records Act pursuant to N.C.G.S. §132-1.2. Vendor may designate appropriate portions of its response as confidential, consistent with and to the extent permitted under the Statutes and Rules set forth above, by marking the top and bottom of pages containing confidential information with a legend in boldface type “CONFIDENTIAL”. By so marking any page, the Vendor warrants that it has formed a good faith opinion, having received such necessary or proper review by counsel and other knowledgeable advisors that the portions marked confidential meet the requirements of the Rules and Statutes set forth above. However, under no circumstances shall price information be designated as confidential. The State may serve as custodian of Vendor’s confidential information and not as an arbiter of claims against Vendor’s assertion of confidentiality. If an action is brought pursuant to N.C.G.S. §132-9 to compel the State to disclose information marked confidential, the Vendor agrees that it will intervene in the action through its counsel and participate in defending the State, including any public official(s) or public employee(s). The Vendor agrees that it shall hold the State and any official(s) and individual(s) harmless from any and all damages, costs, and attorneys’ fees awarded against the State in the action. The State agrees to promptly notify the Vendor in writing of any action seeking to compel the disclosure of Vendor’s confidential information. The State shall have the right, at its option and expense, to participate in the defense of the action through its counsel. The State shall have no liability to Vendor with respect to the disclosure of Page 22 of 46 Rev. 2021.05.29 Vendor’s confidential information ordered by a court of competent jurisdiction pursuant to N.C.G.S. §132-9 or other applicable law. a) Care of Information: Vendor agrees to use commercial best efforts to safeguard and protect any data, documents, files, and other materials received from the State or the Agency during performance of any contractual obligation from loss, destruction or erasure. Vendor agrees to abide by all facilities and security requirements and policies of the agency where work is to be performed. Any Vendor personnel shall abide by such facilities and security requirements and shall agree to be bound by the terms and conditions of the Agreement. b) Vendor warrants that all its employees and any approved third party Vendors or subcontractors are subject to a non-disclosure and confidentiality agreement enforceable in North Carolina. Vendor will, upon request of the State, verify and produce true copies of any such agreements. Production of such agreements by Vendor may be made subject to applicable confidentiality, non-disclosure or privacy laws; provided that Vendor produces satisfactory evidence supporting exclusion of such agreements from disclosure under the N.C. Public Records laws in N.C.G.S. §132-1 et seq. The State may, in its sole discretion, provide a non-disclosure and confidentiality agreement satisfactory to the State for Vendor’s execution. The State may exercise its rights under this subparagraph as necessary or proper, in its discretion, to comply with applicable security regulations or statutes including, but not limited to 26 USC 6103 and IRS Publication 1075, (Tax Information Security Guidelines for Federal, State, and Local Agencies), HIPAA, 42 USC 1320(d) (Health Insurance Portability and Accountability Act), FERPA (Federal Educational Rights and Privacy Act), any implementing regulations in the Code of Federal Regulations, and any future regulations imposed upon the Department of Information Technology or the N.C. Department of Revenue pursuant to future statutory or regulatory requirements. c) Nondisclosure: Vendor agrees and specifically warrants that it, its officers, directors, principals and employees, and any subcontractors, shall hold all information received during performance of the Agreement in the strictest confidence and shall not disclose the same to any third party without the express written approval of the State. d) The Vendor shall protect the confidentiality of all information, data, instruments, studies, reports, records and other materials provided to it by the Agency or maintained or created in accordance with this Agreement. No such information, data, instruments, studies, reports, records and other materials in the possession of Vendor shall be disclosed in any form without the prior written consent of the State Agency. The Vendor will have written policies governing access to and duplication and dissemination of all such information, data, instruments, studies, reports, records and other materials. e) All project materials, including software, data, and documentation created during the performance or provision of Services hereunder that are not licensed to the State or are not proprietary to the Vendor are the property of the State of North Carolina and must be kept confidential or returned to the State, or destroyed. Proprietary Vendor materials shall be identified to the State by Vendor prior to use or provision of Services hereunder and shall remain the property of the Vendor. Derivative works of any Vendor proprietary materials prepared or created during the performance of provision of Services hereunder shall be subject to a perpetual, royalty free, nonexclusive license to the State. 19) DEFAULT: RESERVED 20) WAIVER OF DEFAULT: Waiver by either party of any default or breach by the other Party shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be a modification or novation of the terms of the Agreement, unless so stated in writing and signed by authorized representatives of the Agency and the Vendor, and made as an amendment to the Agreement pursuant to Paragraph 40) herein below. 21) TERMINATION: RESERVED 22) LIMITATION OF VENDOR’S LIABILITY: RESERVED 23) VENDOR’S LIABILITY FOR INJURY TO PERSONS OR DAMAGE TO PROPERTY: RESERVED 24) TIME IS OF THE ESSENCE: Time is of the essence in the performance of the Agreement. 25) DATE AND TIME WARRANTY: The Vendor warrants that any Deliverable, whether Services, hardware, firmware, middleware, custom or commercial software, or internal components, subroutines, and interface therein which performs, modifies or affects any date and/or time data recognition function, calculation, or sequencing, will still enable the modified function to perform accurate date/time data and leap year calculations. This warranty shall survive termination or expiration of the Contract. Page 23 of 46 Rev. 2021.05.29 26) INDEPENDENT CONTRACTORS: Vendor and its employees, officers and executives, and subcontractors, if any, shall be independent Vendors and not employees or agents of the State. The Agreement shall not operate as a joint venture, partnership, trust, agency or any other similar business relationship. 27) TRANSPORTATION: RESERVED 28) NOTICES: RESERVED 29) TITLES AND HEADINGS: RESERVED 30) AMENDMENT: RESERVED 31) TAXES: RESERVED 32) GOVERNING LAWS, JURISDICTION, AND VENUE: RESERVED 33) FORCE MAJEURE: RESERVED 34) COMPLIANCE WITH LAWS: RESERVED 35) SEVERABILITY: RESERVED 36) CHANGES: The Agreement and subsequent purchase order(s) is awarded subject to the provision of the specified Services and the shipment or provision of other Deliverables as specified herein. Any changes made to the Agreement or purchase order proposed by the Vendor are hereby rejected unless accepted in writing by the Agency or State Award Authority. The State shall not be responsible for Services or other Deliverables delivered without a purchase order from the Agency or State Award Authority. 37) FEDERAL INTELLECTUAL PROPERTY BANKRUPTCY PROTECTION ACT: RESERVED 38) ELECTRONIC PROCUREMENT RESERVED 39) PATENT, COPYRIGHT, AND TRADE SECRET PROTECTION: a) Vendor has created, acquired or otherwise has rights in, and may, in connection with the performance of Services for the State, employ, provide, create, acquire or otherwise obtain rights in various concepts, ideas, methods, methodologies, procedures, processes, know-how, techniques, models, templates and general purpose consulting and software tools, utilities and routines (collectively, the "Vendor technology"). To the extent that any Vendor technology is contained in any of the Services or Deliverables including any derivative works, the Vendor hereby grants the State a royalty-free, fully paid, worldwide, perpetual, non-exclusive license to use such Vendor technology in connection with the Services or Deliverables for the State's purposes. b) Vendor shall not acquire any right, title and interest in and to the copyrights for goods, any and all software, technical information, specifications, drawings, records, documentation, data or derivative works thereof, or other work products provided by the State to Vendor. The State hereby grants Vendor a royalty-free, fully paid, worldwide, perpetual, non-exclusive license for Vendor's internal use to non-confidential deliverables first originated and prepared by the Vendor for delivery to the State. c) The Vendor, at its own expense, shall defend any action brought against the State to the extent that such action is based upon a claim that the Services or other Deliverables supplied by the Vendor, or the operation of such pursuant to a current version of vendor-supplied software, infringes a patent, or copyright or violates a trade secret in the United States. The Vendor shall pay those costs and damages finally awarded against the State in any such action; damages shall be limited as provided in N.C.G.S. 143B-1350(h1). Such defense and payment shall be conditioned on the following: i. That the Vendor shall be notified within a reasonable time in writing by the State of any such claim; and, ii. That the Vendor shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise, provided, however, that the State shall have the option to participate in such action at its own expense. d) Should any Services or other Deliverables supplied by Vendor, or the operation thereof become, or in the Vendor's opinion are likely to become, the subject of a claim of infringement of a patent, copyright, or a trade secret in the United States, the State shall permit the Vendor, at its option and expense, either to procure for the State the right to continue using the Services or Deliverables, or to replace or modify the same to become noninfringing and continue to meet procurement specifications in all material respects. If neither of these options can reasonably be taken, or if the use of such Services or Deliverables by the State shall be prevented by injunction, the Vendor agrees to take back any goods/hardware or software, and refund any sums the State has paid Vendor less any reasonable amount for use or damage and make every reasonable effort to assist the state in procuring substitute Services or Deliverables. If, in the sole opinion of the State, the return of such infringing Services or Page 24 of 46 Rev. 2021.05.29 Deliverables makes the retention of other Services or Deliverables acquired from the Vendor under the agreement impractical, the State shall then have the option of terminating the contract, or applicable portions thereof, without penalty or termination charge. The Vendor agrees to take back Services or Deliverables and refund any sums the State has paid Vendor less any reasonable amount for use or damage. e) Vendor will not be required to defend or indemnify the State if any claim by a third party against the State for infringement or misappropriation (i) results from the State's alteration of any Vendor-branded Service or Deliverable, or (ii) results from the continued use of the good(s) or services and other Services or Deliverables after receiving notice they infringe a trade secret of a third party. f) Nothing stated herein, however, shall affect Vendor's ownership in or rights to its preexisting intellectual property and proprietary rights. 40) UNANTICIPATED TASKS In the event that additional work must be performed that was wholly unanticipated, and that is not specified in the Agreement, but which in the opinion of both parties is necessary to the successful accomplishment of the contracted scope of work, the procedures outlined in this article will be followed. For each item of unanticipated work, the Vendor shall prepare a work authorization in accordance with the State’s practices and procedures. a) It is understood and agreed by both parties that all of the terms and conditions of the Agreement shall remain in force with the inclusion of any work authorization. A work authorization shall not constitute a contract separate from the Agreement, nor in any manner amend or supersede any of the other terms or provisions of the Agreement or any amendment hereto. b) Each work authorization shall comprise a detailed statement of the purpose, objective, or goals to be undertaken by the Vendor, the job classification or approximate skill level or sets of the personnel required, an identification of all significant material then known to be developed by the Vendor’s personnel as a Deliverable, an identification of all significant materials to be delivered by the State to the Vendor’s personnel, an estimated time schedule for the provision of the Services by the Vendor, completion criteria for the work to be performed, the name or identification of Vendor’s personnel to be assigned, the Vendor’s estimated work hours required to accomplish the purpose, objective or goals, the Vendor’s billing rates and units billed, and the Vendor’s total estimated cost of the work authorization. c) All work authorizations must be submitted for review and approval by the procurement office that approved the original Contract and procurement. This submission and approval must be completed prior to execution of any work authorization documentation or performance thereunder. All work authorizations must be written and signed by the Vendor and the State prior to beginning work. d) The State has the right to require the Vendor to stop or suspend performance under the “Stop Work” provision of the North Carolina Department of Information Technology Terms and Conditions. e) The Vendor shall not expend Personnel resources at any cost to the State in excess of the estimated work hours unless this procedure is followed: If, during performance of the work, the Vendor determines that a work authorization to be performed under the Agreement cannot be accomplished within the estimated work hours, the Vendor will be required to complete the work authorization in full. Upon receipt of such notification, the State may: a. Authorize the Vendor to expend the estimated additional work hours or service in excess of the original estimate necessary to accomplish the work authorization, or b. Terminate the work authorization, or c. Alter the scope of the work authorization in order to define tasks that can be accomplished within the remaining estimated work hours. Page 25 of 46 Rev. 2021.05.29 d. The State will notify the Vendor in writing of its election within seven (7) calendar days after receipt of the Vendor’s notification. If notice of the election is given to proceed, the Vendor may expend the estimated additional work hours or Services. 41) STOP WORK ORDER The State may issue a written Stop Work Order to Vendor for cause at any time requiring Vendor to suspend or stop all, or any part, of the performance due under the Agreement for a period up to ninety (90) days after the Stop Work Order is delivered to the Vendor. The ninety (90) day period may be extended for any further period for which the parties may agree. a) The Stop Work Order shall be specifically identified as such and shall indicate that it is issued under this term. Upon receipt of the Stop Work Order, the Vendor shall immediately comply with its terms and take all reasonable steps to minimize incurring costs allocable to the work covered by the Stop Work Order during the period of work suspension or stoppage. Within a period of ninety (90) days after a Stop Work Order is delivered to Vendor, or within any extension of that period to which the parties agree, the State shall either: i) Cancel the Stop Work Order, or ii) Terminate the work covered by the Stop Work Order as provided for in the termination for default or the termination for convenience clause of the Agreement. b) If a Stop Work Order issued under this clause is canceled or the period of the Stop Work Order or any extension thereof expires, the Vendor shall resume work. The State shall make an equitable adjustment in the delivery schedule, the Agreement price, or both, and the Agreement shall be modified, in writing, accordingly, if: i) The Stop Work Order results in an increase in the time required for, or in the Vendor’s cost properly allocable to the performance of any part of the Agreement, and ii) The Vendor asserts its right to an equitable adjustment within thirty (30) days after the end of the period of work stoppage; provided that if the State decides the facts justify the action, the State may receive and act upon an offer submitted at any time before final payment under the Agreement. c) If a Stop Work Order is not canceled and the work covered by the Stop Work Order is terminated in accordance with the provision entitled Termination for Convenience of the State, the State shall allow reasonable direct costs resulting from the Stop Work Order in arriving at the termination settlement. d) The State shall not be liable to the Vendor for loss of profits because of a Stop Work Order issued under this term. Section 2: Terms and Conditions Applicable to SAAS Services 1) DEFINITIONS: a) “Data” includes means information, formulae, algorithms, or other content that the State, the State’s employees, agents and end users upload, create or modify using the Services pursuant to this Agreement. Data also includes user identification information and metadata which may contain Data or from which the State’s Data may be ascertainable. b) “Deliverable/Product Warranties” shall mean and include the warranties provided for products or deliverables licensed to the State as included in Paragraph 7) c) of these Terms and Conditions unless superseded by a Vendor’s Warranties pursuant to Vendor’s License or Support Agreements. c) “Services” shall mean the duties and tasks undertaken by the Vendor to fulfill the requirements and specifications of this solicitation, including, without limitation, providing web browser access by authorized users to certain Vendor online software applications identified herein, and to related services, such as Vendor hosted Computer storage, databases, Support, documentation, and other functionalities, all as a Software as a Service (“SaaS”) solution. d) “State” shall mean the State of North Carolina, the Department of Information Technology as an agency, Page 26 of 46 Rev. 2021.05.29 or the agency identified in this solicitation as the Purchasing Agency and Award Authority. e) “Support” includes provision of ongoing updates and maintenance for the Vendor online software applications, and as may be specified herein, consulting, training and other support Services as provided by the Vendor for SaaS tenants receiving similar SaaS