EXCHANGE SERVICES INFORMATION AND SYSTEMS MANAGEMENT (ISM) VERSION 1.0

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1 6 th Floor 124 Main Street Marshalltown, Johannesburg Tel: Web: DOCUMENT NAME DOCUMENT REF NO OWNER RFP FOR IP MPLS AND HOSTED EXCHANGE SERVICES GEP01/06/15VPN INFORMATION AND SYSTEMS MANAGEMENT (ISM) VERSION 1.0 GEP01/06/15VPN Network Connectivity-VPN and Hosted Microsoft Exchange Page 1

2 Table of Contents 1. PURPOSE PRIMARY OBJECTIVES IP MPLS VPN OBJECTIVES HOSTED MICROSOFT EXCHANGE OBJECTIVES SOPE OF WORK BIDDER PREREQUISITES / MINIMUM ELIGIBILITY CRITERIA EVALUATION CRITERIA MINIMUM ELIGIBILITY CRITERIA PRIOR EXPERIENCE FULFILLING CONTRACTS SIMILAR IN SCOPE TO GEP S STAFFING CAPACITY TO FULFILL THE CONTRACT TECHNICAL PROPOSAL Detailed Start and End of Contract Transition Plans Detailed Security, Virus, Spam and Intrusion Protection, Detection and Response Plan COST PROPOSAL CUSTOMER STATUS REPORTING/STATUS MEETINGS INCENTIVES TO REDUCE COSTS ACKNOWLEDGMENT OF ADDENDA ACCEPTANCE OF GENERAL CONTRACT PROVISIONS SMME SUBCONTRACTING PROVISIONS CONDITIONS FOR THE SUBMISSION OF A PROPOSAL CHANGES TO THIS RFP DISCLOSURE OF PROPOSAL CONTENTS / USE OF IDEAS AND MATERIALS OWNERSHIP OF SUBMITTED MATERIALS SUBCONTRACTORS CONFLICT OF INTEREST AUTHORIZED SIGNATURE REFERENCES EVALUATION PROCEDURES AND NEGOTIATION MOST ADVANTAGEOUS PROPOSAL/NO OBLIGATION TO AWARD RIGHT TO EXTEND CONTRACT RIGHTS OF GEP NO PERSONAL LIABILITY TRANSITIONING SERVICES AT START OF CONTRACT AND TERMINATION OF CONTRACT TRANSITION PLANNING FROM CURRENT CONTRACTOR RETURN OF DATA AND TRANSITION PLANNING UPON TERMINATION OF CONTRACT TITLE OF DATA RIGHT TO USE CONTRACTOR TOOLS RIGHT TO ACQUIRE CONTRACTOR TOOLS GEP01/06/15VPN Network Connectivity-VPN and Hosted Microsoft Exchange Page 2

3 13. ANNUAL BEST PRACTICES AND COST REVIEW ATTACHMENTS ATTACHMENT A - AGREEMENT ON TERMS OF DISCUSSION ATTACHMENT B: GENERAL CONTRACT PROVISIONS GENERAL AGREEMENT DEFINITIONS INTELLECTUAL PROPERTY PROPRIETARY RIGHTS IN SUBJECT MATTER NOT WITHIN THE INTELLECTUAL PROPERTY CLAUSE INDEMNITY IN REGARD TO INFRINGEMENT MATTER COMPLIANCE WITH GEP INFORMATION SECURITY POLICIES RIGHTS AND REMEDIES OF THE CONTRACTOR CONTRACT REVIEW AND COMPLIANCE AUDITS GEP ACCESS TO RECORDS CLAIMS OF THIRD PERSONS NO ESTOPPEL OR WAIVER NON-LIABILITY OF GEP REPRESENTATIVES MODIFICATION OF CONTRACT SMME SUBCONTRACTING PROVISIONS ATTACHMENT C1 - BIDDER PREREQUISITE (11), (15) AND (16) ATTACHMENT C2 - DOCUMENTATION FOR PREREQUISITE (17) ATTACHMENT C3 - BIDDER GENERAL REFERENCE FORM ATTACHMENT D - SCOPE OF WORK MANAGEMENT OF THE WORK ORGANIZATION SERVICE DELIVERY [IMPLEMENTATION]: A - IMPLEMENTATION & COMMISSIONING OF COMPLETE MANAGED IP MPLS VPN MPLS VPN Requirements Connectivity Requirements Service Level Requirement Upgrade of Bandwidth Bandwidth on Demand Upgrade of Location from one Category to another Annexing of new location Transition Support Shifting of premises Closing down of Office Posting of full time Engineer on-site Maintenance Services Site Preparation and Installation Audit Observations and Compliance B - NETWORK PERFORMANCE TUNING & REVIEW Phase 1: Phase II: Procurement, Gap closure, Final Review & Reporting Common List of activities during Phase I & II C - HOSTED EXCHANGE GEP01/06/15VPN Network Connectivity-VPN and Hosted Microsoft Exchange Page 3

4 Hosted Microsoft Exchange and Administration Services Methodology SECURITY MEASURES QUALITY ASSURANCE/AUDITING CONTRACTOR EMPLOYEE MINIMUM SKILL REQUIREMENT AVAILABILITY OF CONTRACTOR S ASSIGNED STAFF HOSTED MICROSOFT EXCHANGE AND ADMINISTRATION SERVICES Hosted Services and Related System Operations and Application Management Services System availability Maintenance Management Backups and Recovery Data Management System Monitoring Hours of Service Service Level Agreement Performance Targets, Metrics and Penalties CHANGE MANAGEMENT ADMINISTRATION SYSTEM DOCUMENTATION COACHING AND GEP STAFF ASSISTANCE ATTACHMENT E TECHNICAL ENVIRONMENT MPLS VPN ENVIRONMENT Location and Router Details Local Area Network Network Switches Applications / Internet / Intranet etc HOSTED EXCHANGE ENVIRONMENT Environment Mailbox and Resource Breakdown Centralized Backup and Recovery By Current Service Provider: Remote Access to Mailboxes and Administrative Tools Message Traffic Anti-Spam and Anti-Virus Services Support Desk User Account, Mailbox and Distribution List Management ATTACHMENT F COST PROPOSAL FORMS AND INSTRUCTIONS IP MPLS VPN (Network Connectivity Services) Hosted Microsoft Exchange ATTACHMENT F1 - MPLS CONNECTIVITY PRESENT REQUIREMENT ATTACHMENT F1 END OF CONTRACT COSTS ATTACHMENT F2 - NETWORK PERFORMANCE TUNING (WEIGHTAGE 20%) ATTACHMENT F3 - SUMMARY OF NETWORK COST ATTACHMENT F4 - MPLS CONNECTIVITY - FUTURE ENHANCEMENTS ATTACHMENT F5 COST PROPOSAL UNIT PRICING PER MAILBOX BASIC SERVICES ATTACHMENT F6 COST PROPOSAL UNIT PRICING PER MAILBOX BASIC SERVICES (CONTINUED) ATTACHMENT F7 COST PROPOSAL UNIT PRICING PER MAILBOX VALUE-ADDED SERVICES ATTACHMENT F8 START UP AND END OF CONTRACT COSTS Section 1 START UP COST Section 2 END OF CONTRACT COST ATTACHMENT F9 - FAX TO SERVICE CHARGES GEP01/06/15VPN Network Connectivity-VPN and Hosted Microsoft Exchange Page 4

5 ATTACHMENT F10 HOURLY LABOR RATES FOR EXTRA WORK ATTACHMENT F11 MISCELLANEOUS ATTACHMENT F12 - COST STRUCTURE ASSUMPTIONS ATTACHMENT G PROCUREMENT SMME PARTICIPATION PLAN ATTACHMENT H MANUFACTURERS AUTHOTIZATION FORM GEP01/06/15VPN Network Connectivity-VPN and Hosted Microsoft Exchange Page 5

6 1. PURPOSE Gauteng Enterprise Propeller (hereinafter referred to as GEP) with Head Office at Johannesburg, 124 Main Street, is interested to engage reputed Bidders for providing i. Complete Managed IP MPLS VPN Services; hereinafter called Network Connectivity services ii. iii. Network Performance and Tuning at all GEP locations/offices Hosted Microsoft Exchange and Administration services The purpose of this RFP is to appoint a Service Provider for providing the above services 2. PRIMARY OBJECTIVES GEP s primary objectives in the solicitation of proposals are: 2.1. IP MPLS VPN Objectives GEP requires an implementation of a robust, scalable, high availability and secure network. The purpose behind issuing this RFP is to invite technical and commercial bids for selection of service provider for providing Network connectivity at all locations/offices and for providing onsite Network Performance Tuning services. This MPLS service includes network designing, providing all related network hardware on lease for connectivity, last mile, bandwidth, installation, configuration, hardening, maintenance support, integration with LAN/WAN, proactive monitoring and reporting, change management, migration, training etc., with SLA binding the Bidder to uptime and application/service quality commitments. The period of contract will be for 3 years with annual review and renewal The selected Bidder to provide multiple CoS for real time traffic / non-real time traffic /business traffic. The selected Bidder is to undertake maintenance of MPLS Routers, switches, and all network related components at all locations/offices of GEP. The selected Bidder to extend Network connectivity to GEP locations/offices and shall be scalable to add new sites as and when required by GEP, at the contracted rate. The selected Bidder to upgrade bandwidth from the initial contracted value to higher/lower value based on operational requirements. The selected Bidder to shift the equipment and provide MPLS connectivity at new location, in case of shifting of existing premises at any of the present or future GEP location as per contracted rate. GEP01/06/15VPN Network Connectivity-VPN and Hosted Microsoft Exchange Page 6

7 The selected Bidder to execute activities related to network performance tuning so that GEP network is free from performance issues It may also be noted that all the activities in the IT operation are subject to audit /inspection by Security Auditors. Selected Bidder must take same into consideration while delivering the desired services Hosted Microsoft Exchange Objectives To deliver high quality, secure, reliable and highly available MS Exchange / Outlook services and related services on a 24 X 7 basis; To obtain continuous measurable improvement in the productivity and quality of the Hosted Microsoft Exchange and Administration Services environment; To maintain the integrity, availability, security and confidentiality of the hosted service, its components, and data stored within; To reduce/contain cost for the hosted services; To supply a flexible solution that facilitates growth in the service, and service features, and value-added services, such as flexible mailbox and message size options, archiving, etc. To ensure consistent and timely responsiveness to changes in demand for services GEP01/06/15VPN Network Connectivity-VPN and Hosted Microsoft Exchange Page 7

8 3. SOPE OF WORK The full Scope of Work is set fourth in detail in Attachment D. 4. BIDDER PREREQUISITES / MINIMUM ELIGIBILITY CRITERIA Proposals not complying with the minimum eligibility criteria are liable to be rejected and will not be considered for evaluation of technical bid. Only Bidders who can demonstrate that they comply with the following should submit proposals, as only proposals from such Bidders will be considered. Proof of meeting the following prerequisites must be submitted with the proposal. It should be noted that a determination that a Bidder meets the prerequisites is no assurance that the Bidder will be deemed qualified in connection with other proposal requirements included herein. Bidders must meet all of the following requirements: Following format has to be filled by the Bidder and has to be submitted in a separate envelope along with softcopy and relevant documentary proof. The proposal should adhere to the following minimum eligibility criteria. No Minimum Eligibility Criteria Bidder s Response 1. The Bidder should be a Firm/Company incorporated in South Africa, based in Gauteng. 2. The respondent should be in business of providing network service / MPLS service for at least five years as on the date of this tender. 3 The bidder should partner with a SMME and complete the procurement SMME participation plan as requested. 4. The bidder shall have a valid license to operate & provide MPLS-VPN services. (Documentary evidence/ Declaration to be submitted). 5. The bidder to have MPLS PoPs (Points of Presence) on its backbone across the country. 6. PoPs should have redundancy at all levels viz., Power, Cooling, Network, Infrastructure etc. (may be verified by GEP official). A list of such MPLS POPs with detailed address shall be submitted to GEP. 7. The respondent should be capable of providing copper and fiber for last mile connectivity GEP01/06/15VPN Network Connectivity-VPN and Hosted Microsoft Exchange Page 8

9 8. The respondent to provide Manufacturer Authorization Form [MAF] (Attachment H) For the Cisco hardware proposed. Copy of certificate to be enclosed. 9. The bidder should have its own Network Operating Centre (NOC) with DR facility for monitoring of the network to ensure uninterrupted services. Mention details [location and address] of Primary and Backup NOC(s). The NOC should be operational for at least three years as on the date of this tender 10. The respondent must have experience in providing network connectivity to large Corporations and/or Government Departments 11. The respondent should have provided complete managed IP MPLS VPN services to at least three customers having 10 sites or more. Details of customers and project to be provided. 13. The bidder shall not be blacklisted in any Government Department at the time of submission of bids. Bidder to submit a declaration in this regard duly signed by the authorized signatory of the bidder. 14. The bidder shall have a valid & active ISO 27001:2005 Certificate. 15 The Bidder shall have had at least three (3) years of continuous experience immediately prior to the date of the submission of its proposal in the management and operation of a business actually engaged in providing Hosted Microsoft Exchange and Administration 16 During the time period stated in (1) above, the Bidder or persons or entities owning or controlling the Bidder shall have satisfactorily performed at least three contract(s) to commercial, industrial, and/or governmental accounts for providing similar services of similar size (approximately 200 mailboxes or more) and scope as 17 The Bidder shall demonstrate that the physical servers those required herein. and storage devices that house GEP s data for hosted services, disaster recovery options, and off-site backup storage, are to be located in the Republic of South Africa throughout the term of the contract (Attachment C2). GEP01/06/15VPN Network Connectivity-VPN and Hosted Microsoft Exchange Page 9

10 18. The Hosted Microsft Exchange 2013 services must include the Rights Management Services Note 1: Vendor should submit documentary evidence in respect of all abovementioned criteria when submitting the proposal. Proposal of vendor who do not fulfill the above criteria or who fail to submit documentary evidence thereon would be rejected. Note 2: Bidders fulfilling all Minimum Eligibility Criteria will only be considered for further technical evaluation. Otherwise the bids will be rejected. All references cited as documentation for Prerequisites (11), (15) and (16) above, must appear with complete information on Attachments C1, C2 and C3. Client references used to satisfy requirements (11), (15) and (16) may be the same. GEP reserves the right to contact any or all of these clients. 5. EVALUATION CRITERIA The objective of evaluation methodology is to facilitate the selection of the technically superior solution at optimal cost. Proposals will be evaluated according to the criteria listed below. Note: If the proposal is submitted by a joint venture, all company information requested must be submitted for each firm constituting the joint venture To meet GEP s requirements, as spelt out in the RFP, the selected Bidder must have the requisite experience in providing the required services in the fields of MPLS VPN Networking and Hosted Microsoft Exchange services Minimum Eligibility Criteria The details of Minimum Eligibility Criteria, provided by the vendor in its response to this RFP, will be evaluated first, based on the criteria described in Section 4 above. The technical and commercial responses to this RFP will be considered further only for those vendors who meet the Minimum Eligibility Criteria. Vendors must provide their responses in the required formats Prior Experience Fulfilling Contracts Similar in Scope to GEP s The Bidder must demonstrate to the satisfaction of GEP, that it has sufficient resources, capabilities and experience to meet the business needs and requirements as set forth in this RFP. GEP01/06/15VPN Network Connectivity-VPN and Hosted Microsoft Exchange Page 10

11 5.3. Staffing Capacity to Fulfill the Contract The firm must demonstrate a sufficient level of staffing, experienced in Networking and MS Exchange/Outlook, and other technologies needed to support GEP s use of the N e t w o r k i n g a n d MS Exchange environments Technical Proposal The Bidder shall describe in detail its approach to the Scope of Work and Specifications, including performance standards, scheduling and milestones, a selfassessment plan, a quality control/assurance plan, and/or a customer service plan and should attach supporting documentation where applicable Detailed Start and End of Contract Transition Plans 1. The Bidder shall provide a Detailed Start of Contract Transition Plan that addresses all the requirements of Attachment D, Scope of Work, and anticipates a short-term transition from the current service providers and environments, where applicable, to the proposed implementation for n e t w o r k c o n n e c t i v i t y a n d hosted managed services and administration of the MS Exchange mail and related services. The Bidder should describe the methodology they have used successfully in the past and describe how existing data will not be lost. In addition this plan should include the acquisition of telecommunication circuits and implementation of related network equipment. 2. The Bidder shall provide a Detailed End of Contract Transition Plan that addresses all the requirements of Attachment D, Scope of Work, and anticipates a short-term transition from the Bidder to another service provider at the termination or end of the contract. The Bidder shall describe the methodology they have used successfully in the past and describe hownetwork connectivity, existing data, and directory will not be lost. The Bidder must propose how the Bidder will guarantee GEP s access to all GEP data in the event of termination or expiration of contract. 3. The Bidder must propose how the Bidder will assist with the transition to a new vendor to minimize service interruption to GEP in the event of termination or expiration of contract. 4. The Bidder is expected to provide detailed transition plans and any associated costs. The Bidder should refer to Attachment F3 Start Up and End of Contracts Costs form, and if needed, Attachment F Section 1 Cost Structure Assumptions Detailed Security, Virus, Spam and Intrusion Protection, Detection and Response Plan GEP01/06/15VPN Network Connectivity-VPN and Hosted Microsoft Exchange Page 11

12 1. Virus and Spam protection and other security protection from intrusion such as from hackers, spammers, and phishing attacks are integral components of our overall approach to the security and well being of our network and systems environment. Management of and intervention at all possible entry points before damage occurs are critical. 2. Mechanisms are required in the Network and MS Exchange/Outlook environments to ensure persistent detection and correction of viruses, spam, and other security intrusions. 3. The Bidder shall provide a Detailed Security, Virus, Spam, and Host and Network- based Intrusion Protection, Detection and Response Plan that addresses all the requirements of Attachment D, Scope of Work, and addresses the Bidder s current mechanisms for the security of the environment including protection, detection and correction of electronic mail viruses, spam, and other security intrusions and describes the methodology employed to continually protect against the onslaught of new viruses, spam and security intrusions. The Plan shall include descriptions of software and hardware or added services used to monitor and protect the environment and to respond to viruses, spam, and intrusions and describe the features provided by that software or hardware specifically addressing at least the following areas: virus scanning and cleaning, spam scanning and cleaning/quarantining, Spam Allow/Block Sender lists, control of attachments, content filtering within a message and/or attachment, mailbox exclusion list, user notification and management reporting capabilities, encryption and key management, and certified delivery capabilities. The Plan shall also include methods that would be used to notify GEP management of such attacks, and the emergency response procedures that would affect delivery of mail. The Bidder shall describe the methodologies they have used successfully in the past (for example, in protecting and/or responding to the world-wide virus attack). This Plan shall include service and data recovery methods in the event of data corruption and the mechanisms for incorporating responses to new threats Cost Proposal The Bidder must submit a separate Cost Proposal indicating the compensation that it expects to receive. The Cost Proposal should be complete and address all services in this RFP referenced in Attachment D, Scope of Work, contained herein. The Cost Proposal should clearly indicate if any pricing is related to level of service provided. If so, the level of service should be indicated. 6. CUSTOMER STATUS REPORTING/STATUS MEETINGS Reporting is a key component of the Networking and Hosted Microsoft Exchange E- Mail and Administration Services methodology. GEP will identify a set of GEP01/06/15VPN Network Connectivity-VPN and Hosted Microsoft Exchange Page 12

13 performance, utilization and status reports that the Contractor shall be required to provide on a periodic basis. GEP will determine the frequency of reporting, typically monthly, and the Contractor shall provide reports accordingly. GEP shall periodically notify the Contractor of historical data needed during the duration of the contract. The Contractor shall work with GEP to provide access to such data. The contractor shall make available a method for GEP to generate their own reports as needed by GEP. 7. INCENTIVES TO REDUCE COSTS GEP is continually seeking ways to reduce and minimize its expenses. Accordingly, GEP encourages the Contractor to explore and identify opportunities to improve the services and reduce the cost of services being provided under an agreement. The Contractor shall advise GEP s Director of each opportunity that is identified and to estimate the associated potential savings. 8. ACKNOWLEDGMENT OF ADDENDA If any Addenda are sent as part of this RFP, the Bidder shall complete, sign and include with its Proposal the addenda form(s). In the event any Bidder fails to conform to these instructions, its proposal will nevertheless be construed as though the Addenda had been acknowledged. It is the responsibility of the Bidder to periodically check GEP website at and download the addenda that might have been issued in connection with this solicitation. 9. ACCEPTANCE OF GENERAL CONTRACT PROVISIONS 1. GEP has attached to this RFP as Attachment B, General Contract Provisions governing the Contract. The Bidder is expected to agree with these General Contract Provisions. 2. However, if the Bidder has any specific exceptions, such exceptions should be set forth in a separate letter included with its response to this RFP. After the proposal due date, the Bidder will be precluded from raising any exceptions unless such exceptions are justified by and directly related to substantive changes in the business or technical requirements and are agreed to by the Bidder and GEP. 10. SMME SUBCONTRACTING PROVISIONS GEP01/06/15VPN Network Connectivity-VPN and Hosted Microsoft Exchange Page 13

14 GEP has a long-standing practice of making its business opportunities available to SMMEs and Co-Operatives that are Youth. Women or People with Disabilities owned, and has taken affirmative steps to encourage such firms to seek business opportunities with GEP. The successful Bidder will use good faith efforts to provide for meaningful participation by GEP certified SMMEs as defined in this document, in the subcontracting opportunities associated with this contract, including purchase of equipment, supplies and labor services. The Contractor shall use good faith efforts to achieve participation equivalent to 30% of the total Contract price for SMME s. Good faith efforts to include participation by SMMEs shall include, but not be limited to the following: Dividing the services and materials to be procured into small portions where feasible; Giving reasonable advance notice of specific subcontracting and purchasing opportunities to such firms as may be appropriate; Soliciting services and materials from SMMEs, which are certified by GEP; Ensuring that provision is made for timely progress payments to the SMMEs and; Observance of reasonable commercial standards of fair dealing in the respective trade or business. Bidders are directed to use form GEP 01-ISM-2015 as the recording mechanism for the SMME participation Plan, annexed hereto as Attachment G. The SMME Plan submitted by the Contractor to GEP shall contain, at a minimum, the following: Identification of SMME s: Provide the names and addresses of all SMMEs included in the Plan. If none are identified, describe the process for selecting participant firms in order to achieve the good faith goals under this Contract. Level of Participation: Indicate the percentage of SMME participation expected to be achieved with the arrangement described in the Plan. Scope of Work: Describe the specific scope of work the SMME s will perform. All SMME subcontractors listed on the SMME Participation Plan must be certified by GEP in order for the Contractor to receive credit toward the SMME goals set forth in this Contract. Bidders shall include their SMME Participation Plan with their proposals. Bidders may request a waiver of the SMME participation goals set forth in this Contract if the bidder is an SMME as defined above. GEP01/06/15VPN Network Connectivity-VPN and Hosted Microsoft Exchange Page 14

15 11. CONDITIONS FOR THE SUBMISSION OF A PROPOSAL In addition to all other requirements of this RFP, the Bidder agrees to the following conditions for the submission of its proposal Changes to this RFP At any time, in its sole discretion, GEP may by written addenda, modify, correct, amend, cancel and/or reissue this RFP. If an addendum is issued prior to the date proposals are due, it will be provided to all parties in the medium in which the parties obtained the RFP. If an addendum is issued after proposals have been received, the addendum will be provided only to those whose proposals remain under consideration at such time Disclosure of Proposal Contents / Use of Ideas and Materials Proposal information is not generally considered confidential or proprietary. All information contained in the proposal is subject to the Agreement on Terms of Discussion attached hereto as Attachment A Ownership of Submitted Materials All materials submitted in response to or in connection with this RFP shall become the property of GEP. Selection or rejection of a Proposal shall not affect this right Subcontractors If a Bidder intends to use subcontractor(s) the Bidder must identify in its proposal the names of the subcontractor(s) and the portions of the work the subcontractor(s) will perform Conflict of Interest If the Bidder or any employee, agent or subcontractor of the Bidder may have a possible conflict of interest, or may give the appearance of a possible conflict of interest, the Bidder shall include in its proposal a statement indicating the nature of the conflict. GEP reserves the right to disqualify the Bidder if, in its sole discretion, any interest disclosed from any source could create a conflict of interest or give the appearance of a conflict of interest. GEP s determination regarding any questions of conflict of interest shall be final Authorized Signature Proposals must be signed by an authorized corporate officer (e.g., Managaing Director or Chief Executive Officer), General Partner, or such other individual authorized to bind the Bidder to the provisions of its proposal and this RFP. GEP01/06/15VPN Network Connectivity-VPN and Hosted Microsoft Exchange Page 15

16 11.7. References GEP may consult any reference familiar with the Bidder regarding its current or prior operations and projects, reputation, performance, or other matters. Submission of a proposal shall constitute permission by the Bidder for GEP to make such inquiries and authorization to third parties to respond thereto Evaluation Procedures and Negotiation Only Bidders which meet the prerequisites, may have their proposals evaluated based on the evaluation criteria set forth in this RFP. GEP may use such procedures that it deems appropriate to evaluate such proposals. GEP may elect to initiate contract negotiations with one or more Bidders including negotiation of costs/ price(s) and any other term or condition, including modifying any requirement of this RFP. The option of whether or not to initiate contract negotiations rests solely with GEP Most Advantageous Proposal/No Obligation to Award GEP reserves the right to award the Contract to other than the Bidder proposing the lowest price. The Contract will be awarded to the Bidder whose proposal GEP believes, in its sole discretion, will be the most advantageous to GEP. Neither the release of this RFP nor the acceptance of any response thereto shall compel GEP to accept any proposal. GEP shall not be obligated in any manner whatsoever to any Bidder until a proposal is accepted by GEP Right to Extend Contract This is a proposal for a contract for a term of three years. GEP reserves the additional right to extend the contract term for an additional 90 days, upon the same terms and conditions of the original Contract negotiated between GEP and the successful Bidder Rights of GEP 1. GEP reserves all its rights at law and equity with respect to this RFP including, but not limited to, the unqualified right, at any time and in its sole discretion, to change or modify this RFP, to reject any and all proposals, to waive defects or irregularities in proposals received, to seek clarification of proposals, to request additional information, to request any or all Bidders to make a presentation, to undertake discussions and modifications with one or more Bidders, to terminate further participation in the proposal process by a Bidder or to proceed with any proposal or modified proposal, which in its judgment will, under all circumstances, best serve GEP s interest. GEP may, but shall not be obliged to, consider incomplete proposals or to request or accept additional material or information. The holding of any discussions with any Bidder shall GEP01/06/15VPN Network Connectivity-VPN and Hosted Microsoft Exchange Page 16

17 not constitute acceptance of a proposal, and a proposal may be accepted with or without discussions. 2. No Bidder shall have any rights against GEP arising from the contents of this RFP, the receipt of proposals, or the incorporation in or rejection of information contained in any proposal or in any other document. GEP makes no representations, warranties, or guarantees that the information contained herein, or in any addenda hereto, is accurate, complete, or timely or that such information accurately represents the conditions that would be encountered during the performance of the contract. The furnishing of such information by GEP shall not create or be deemed to create any obligation or liability upon it for any reason whatsoever and each Bidder, by submitting its proposal, expressly agrees that it has not relied upon the foregoing information, and that it shall not hold GEP liable or responsible therefor in any manner whatsoever. Accordingly, nothing contained herein and no representation, statement or promise, of GEP, its directors, officers, agents, representatives, or employees, oral or in writing, shall impair or limit the effect of the warranties of the Bidder required by this RFP or Contract and the Bidder agrees that it shall not hold GEP liable or responsible therefor in any manner whatsoever. 3. At any time and from time to time after the opening of the proposals, GEP may give oral or written notice to one or more Bidders to furnish additional information relating to its proposal and/or qualifications to perform the services contained in this RFP, or to meet with designated representatives of GEP. The giving of such notice shall not be construed as an acceptance of a proposal. Information shall be submitted within three (3) calendar days after GEP s request unless a shorter or longer time is specified therein No Personal Liability Neither the Officials of GEP, nor any officer, agent or employee thereof shall be charged personally with any liability by a Bidder or another or held liable to a Bidder or another under any term or provision of this RFP or any statements made herein or because of the submission or attempted submission of a proposal or other response hereto or otherwise. 12. TRANSITIONING SERVICES AT START OF CONTRACT AND TERMINATION OF CONTRACT Transition Planning from Current Contractor The Contractor will be expected to support an orderly transition from the existing Contractors providing the services to the proposed contract. The Contractor will be expected to actively participate in discussions and agree to written plans that clearly specify the transition period and responsibilities. GEP01/06/15VPN Network Connectivity-VPN and Hosted Microsoft Exchange Page 17

18 12.2. Return of Data and Transition Planning Upon Termination of Contract Upon the termination or expiration of the contract, all GEP data, procedures, and documentation material, et cetera stored on electronic media or otherwise, must be returned to GEP at no additional cost. Any copies held by the Contractor must be purged from their files and storage media within 30 days of termination or expiration of the contract. The Contractor shall furnish a letter from an authorized company representative stating that all such items have been returned or destroyed. Upon the termination or expiration of the contract, the Contractor is required to assist in the transition to a new service provider to minimize service interruption to GEP at the end of this contract and in harmony with GEP and the designated new vendor. The Contractor will be compensated for costs associated with the transition to a new service provider in accordance with Attachment F3 Section 2 - End of Contract Cost, provided however, if the Contractor fails to render such transition assistance, GEP has the right, at its discretion, to withhold any payment due to the Contractor, including monthly service payments and any additional costs under the Contract Title of Data All data stored in or produced by or through the hosted services and related systems shall at all times be and remain the sole property of GEP. GEP shall have the right to retrieve such data from the hosted services and related systems at all times, including after the Contractor is declared in breach of Contract, in the event of the Contractor s bankruptcy, in the event of a seizure or restraint on the Contractor s property, if the Contractor s property is under the control of a receiver or trustee. To the extent the Contractor is able to assist in such data retrieval, it shall assist GEP in such access, including assistance in any legal process which may be necessary to establish GEP s possession of such data Right to Use Contractor Tools The Contractor may have implemented specific Contractor-owned or proprietary tools for the management, operation or reporting on GEP s hosted services. Upon termination for cause or convenience or completion of this agreement, to avoid disruption of operations, GEP or its designee shall be entitled to use of and access to, any and all Contractor-specific tools or services until such time as they are replaced, and the license granted to GEP hereunder with respect to such tools shall apply to such use and access. Additionally, maintenance, training, support and documentation shall be furnished Right to Acquire Contractor Tools Upon termination or completion of this Agreement, GEP or its designee shall have the right to license or purchase, at the price then currently in effect for its most GEP01/06/15VPN Network Connectivity-VPN and Hosted Microsoft Exchange Page 18

19 favored customers, those materials, tools and equipment owned by the Contractor that allowed for the support and operation of GEP s hosted services. However, if termination is due to the Contractor s breach of this Agreement, this will be at no cost to GEP and such license or ownership shall be deemed transferred to GEP at the time of such termination. It should be noted that if Contractor-owned or proprietary tools are necessary for the continued operation and maintenance of the hosted services, the Contractor shall only use tools that can be transferred to GEP such that the ongoing support of systems under maintenance is not in jeopardy at the termination of the contract and GEP shall be advised annually of all such tools in use. 13. ANNUAL BEST PRACTICES AND COST REVIEW On at least an annual basis, the Contractor shall provide GEP with a review of best practices for the services rendered. Such review shall document standard industry practice with a comparison of how the services are rendered under this contract. GEP01/06/15VPN Network Connectivity-VPN and Hosted Microsoft Exchange Page 19

20 ATTACHMENTS GEP01/06/15VPN Network Connectivity-VPN and Hosted Microsoft Exchange Page 36

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